Resolution 2016-07 Resolution No. 2016-�
A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
APPROVING AN AMENDMENT TO PROJECT AGREEMENT#OS 14-1905 WITH THE
ILLINOIS DEPARTMENT OF NATURAL RESOURCES
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of this State; and,
WHEREAS, the City and the Illinois Department of Natural Resources entered into a
Project Agreement for Project # OS 14-1905 (the "Agreement") in 2014, which Agreement
authorized grant reimbursement on the Bristol Bay 65 Park project and provided for a project
end date of June 30, 2016; and,
WHEREAS, the City was notified on March 9, 2015 that the grant for the Bristol Bay 65
Park project was suspended; and,
WHEREAS, the City now desires to extend the project end date set forth in the
Agreement to June 30,2017.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the Amendment to Project Agreement and the documents related to the
Amendment entitled Taxpayer Identification Number, Standard Certifications, and Disclosures
and Conflicts of Interest, attached hereto and made a part hereof, are hereby approved and the
Mayor is hereby authorized to execute and deliver said Amendment and related documents on
behalf of the United City of Yorkville.
Section 2. This Resolution shall be in full force and effect from and after its passage and
approval as provided by law.
Passed by the.City Council of the United City of Yorkville, Kendall County, Illinois this
day of Lw�g , 2016.
C TY CLE K
Resolution No.2016-01
Page 1
CARLO COLOSIMO KEN KOCH Y
JACKIE MILSCHEWSKI LARRY KOT
CHRIS FUNKHOUSER JOEL FRIEDERS
DIANE TEELING SEAVER TARULIS
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of M AKU , 2016.
MAYO
Atte
zo;�—44;:
City Clerk
Resolution No. 2016- 0
Page 2
STATE OF ILLINOIS Sponsor: United City of Yorkville
Department of Natural Resources
Project Amendment#: 1
AMENDMENT TO PROJECT AGREEMENT
THIS AWNDMENI' TO Project Agreement # OS 14-1405 is hereby made and agreed upon by the Illinois
Department of Natural Resources and by the United City of Yorkville pursuant to the Open Space Lands Acquisition
and Development Act,as amended,(525 ILLS,3511,et.seq.).
The Sponsor and the 1DNR. in mutual consideration of the promises made herein and in the Project Agreement of which this is an
amendment,do promise as follows:
That the rationale for making the contract amendment is as follows: Extend the agreement ending date from June 30,2016 to June 30.
2017,
[X I The circumstances that necessitate the change in performance were not reasonably foreseeable at the time the contract was
signed.
X] The change is germane to the original contract as signed.
[
X ] The circumstances that necessitate the change in performance are in the best interest of the unit of State or local government
and authorized by law.
Specific circumstances requiring,this amendment are:Project completion has been delayed due to grant suspension by the State of
Illinois. A copy of the letter request from the United City of Yorkville to extend the ending date of this grant is attached and
incorporated by reference as Exhibit"A",
In all other respects the Project Agreement of which this is an amendment, and the plans and specifications relevant thereto. shall
remain in full force and effect. In witness whereof,the parties hereto have executed this amendment as of the date entered below.
PROJECT SPONSOR STATE OF ILLINOIS
United Citv of Yorkville IL Department of Natural Resources
f Agency)_ (Agency
// (Signature) t1l ( irector- ignature)
�7c 6)to :['t t>Y WaNne Rosenthal _-
(Name) Director-Name)
��� �,i Date:.
(Title)
r C► _ Required additional signatures for c ntracts and contract
(Date) renewals totalin•,5250 0 or t r per° ILCS 10519.02,
r - 3
(DNR Chief Legal .ounsel-Signature)Date
APPROVED FO EXECUTION Brent R. Krebs
Date: (DNR Chief Legal Counsel-Name)
Legal Counsel: / 3 rS� �,
(DN Cluef Fiscal Officer-Signature Da
( )IDNR Copy (DNR Chief Fiscal Officer-Name)
( )Sponsor Copy
1 .
United City of Yorkville Exhibit A
800 Game Farm Road
ER :.: 1836 Yorkville, Illinois 60560
Telephone: 630-553-4350
www-yorkville.il.us
Judy Bauer
Grants Administrator
Dept.of Natural Resources
Division Of Grants
One Natural Resources Way
Springfield IL 62702-1272
One (1)Year Extension Request for the Yorkville OS-14-1905 Bristol Bay 65 Grant.
Dear Ms. Bauer:
The United City of Yorkville Parks and Recreation Department is formally requesting a one (1)year
extension of the Yorkville OS-14-1905.Bristol Bay 65 Grant,set to expire on 6-30-2016 to now expire
on 6-30-2017.We are requesting this extension due to being notified of the grant's suspension on
March 9,2015.Please feel free to call or e-mail if you have any additional questions.
Thank you for the consideration.
Timothy V.Evans,CPRP
Director of Parks and Recreation
United City of Yorkville Parks and Recreation Department
630-553-4357
tevans@a yorkviIle.il.us
Like the Parks and Recreation Department at: Facebook.comNorkvilleParksandRec
Visit and register for classes at:www.yorkvilleparksandrecreation.com
TAXPAYER IDENTIFICATION NUMBER Attachment A
I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and
2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)1 have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I
am no longer subject to backup withholding,and
3. 1 am a U.S.person(including a U.S.resident alien).
• If you are an individual,enter your name and SSN as it appears on your Social Security Card.
• If you are a sole proprietor,enter the owner's name on the name line followed by the name of the business and the owner's SSN or
EIN.
• If you are a single-member LLC that is disregarded as an entity separate from its owner,enter the owner's name on the name line
and the d/b✓a on the business name line and enter the owner's SSN or EIN.
• If the LLC is a corporation or partnership,enter the entity's business name and EIN and for corporations, attach IRS acceptance
letter(CP261 or CP277).
• For all other entities,enter the name of the entity as used to apply for the entity's EIN and the EIN.
Name: United City of Yorkville
or
Business Name:
Taxpayer Identification Number:
Social Security Number
or
Employer Identification Number 36-6006169
Legal Status(check one):
❑ Individual Governmental
❑ Sole Proprietor ❑ Nonresident alien
❑ Partnership ❑ Estate or trust
❑ Legal Services Corporation ❑ Pharmacy(Non-Corp.)
❑ Tax-exempt ❑ Pharmacy/Funeral Home/Cemetery(Corp.)
❑ Corporation providing or billing ❑ Limited Liability Company(select applicable tax
medical and/or health care services classification)
❑D=disregarded entity
❑ Corporation NOT providing or billing ❑C=corporation
medical and/or health care services ❑P=partnership
Signature: Date:
3 $ 1(0
i
Revision 6-10-09
Page 1 of 4
STANDARD CERTIFICATIONS
Vendor acknowledges and agrees that compliance with this section and each subsection for the term of the contract and any renewals is
a material requirement and condition of this contract. By executing this contract Vendor certifies compliance with this section and each
subsection and is under a continuing obligation to remain in compliance and report any non-compliance,
This section,and each subsection,applies to subcontractors used on this contract. Vendor shall include these Standard Certifications in
any subcontract used in the performance of the contract using the Standard Subcontractor Certification form provided by the State.
If this contract extends over multiple fiscal years including the initial term and all renewals, Vendor and its subcontractors shall confirm
compliance with this section in the manner and format determined by the State by the date specified by the State and in no event later
than July 1 of each year that this contract remains in effect.
If the Parties determine that any certification in this section is not applicable to this contract it may be stricken without affecting the
remaining subsections.
1. As part of each certification,Vendor acknowledges and agrees that should Vendor or its subcontractors provide false information,or
fail to be or remain in compliance with the Standard Certification requirements,one or more of the following sanctions will apply:
• the contract may be void by operation of law,
• the State may void the contract,and
• the Vendor and it subcontractors may be subject to one or more of the following:suspension,debarment, denial of payment,
civil fine,or criminal penalty.
Identifying a sanction or failing to identify a sanction in relation to any of the specific certifications does not waive imposition of other
sanctions or preclude application of sanctions not specifically identified.
2. Vendor certifies it and its employees will comply with applicable provisions of the U.S.Civil Rights Act, Section 504 of the Federal
Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) and applicable rules in performance under this
contract.
3. Vendor certifies it is not in default on an educational loan (5 ILCS 38513). This applies to individuals, sole proprietorships,
partnerships and individuals as members of LLCs.
4. Vendor(if an individual, sole proprietor, partner or an individual as member of a LLC) certifies it has not received an (1) an early
retirement incentive prior to 1993 under Section 14-108.3 or 16-133.3 of the Illinois Pension Code,40 ILCS 5114-108.3 and 40 ILCS
5116-133.3,or(ii)an early retirement incentive on or after 2002 under Section 14-108.3 or 16-133.3 of the Illinois Pension Code,40 ILCS
5114-108.3 and 40 ILCS 5116-133,(30 ILCS 105115a).
5. Vendor certifies it is a properly formed and existing legal entity(30 ILCS 500/115.80, 20-43); and as applicable has obtained an
assumed name certificate from the appropriate authority,or has registered to conduct business in Illinois and is in good standing with the
Illinois Secretary of State.
6. To the extent there was a incumbent Vendor providing the services covered by this contract and the employees of that Vendor that
provide those services are covered by a collective bargaining agreement, Vendor certifies(i) that it will offer to assume the collective
bargaining obligations of the prior employer,including any existing collective bargaining agreement with the bargaining representative of
any existing collective bargaining unit or units performing substantially similar work to the services covered by the contract subject to its
bid or offer; and (ii) that it shall offer employment to all employees currently employed in any existing bargaining unit performing
substantially similar work that will be performed under this contract(30 ILCS 500125-80). This does not apply to heating,air conditioning,
plumbing and electrical service contracts.
7. Vendor certifies it has not been convicted of bribing or attempting to bribe an officer or employee of the State of Illinois or any other
State,nor has Vendor made an admission of guilt of such conduct that is a matter of record(30 ILCS 500/50-5).
8. If Vendor has been convicted of a felony, Vendor certifies at least five years have passed after the date of completion of the
sentence for such felony, unless no person held responsible by a prosecutor's office for the facts upon which the conviction was based
continues to have any involvement with the business(30 ILCS 500/50-10).
Page 2 of 4
9. If Vendor,or any officer,director,partner,or other managerial agent of Vendor,has been convicted of a felony under the Sarbanes-
Oxley Act of 2002, or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Vendor certifies at least five years have
passed since the date of the conviction. Vendor further certifies that it is not barred from being awarded a contract and acknowledges
that the State shall declare the contract void if this certification is false(30 ILCS 5050-10.5).
10. Vendor certifies it is not barred from having a contract with the State based on violating the prohibition on providing assistance to the
state in identifying a need for a contract(except as part of a public request for information process)or by reviewing,drafting or preparing
solicitation or similar documents for the State(30 ILCS 500/50-10.5e).
11. Vendor certifies that it and its affiliates are not delinquent in the payment of any debt to the State(or if delinquent has entered into a
deferred payment plan to pay the debt), and Vendor and its affiliates acknowledge the State may declare the contract void if this
certification is false (30 ILCS 500150-11) or if Vendor or an affiliate later becomes delinquent and has not entered into a deferred
payment plan to pay off the debt(30 ILCS 500/50-60).
12. Vendor certifies that it and all affiliates shall collect and.remit Illinois Use Tax on all sales of tangible personal property into the State
of Illinois in accordance with provisions of the Illinois Use Tax Act(30 ILCS 51050-12) and acknowledges that failure to comply can
result in the contract being declared void.
13. Vendor certifies that it has not been found by a court or the Pollution Control Board to have committed a willful or knowing violation
of the Environmental Protection Act within the last five years,and is therefore not barred from being awarded a contract(30 ILCS 500/50-
14).
14. Vendor certifies it has not paid any money or valuable thing to induce any person to refrain from bidding on a State contract,nor has
Vendor accepted any money or other valuable thing,or acted upon the promise of same,for not bidding on a State contract(30 ILCS
500/50-25).
15. Vendor certifies it is not in violation of the"Revolving Door"section of the Illinois Procurement Code(30 ILCS 500/50-30).
16. Vendor certifies that it has not retained a person or entity to attempt to influence the outcome of a procurement decision for
compensation contingent in whole or in part upon the decision or procurement(30 ILCS 500/50-38).
17. Vendor certifies it will report to the Illinois Attorney General and the Chief Procurement Officer any suspected collusion or other anti-
competitive practice among any bidders,offerors,contractors,proposers or employees of the State(30 ILCS 500/50.40,50.45,50.50).
18. In accordance with the Steel Products Procurement Act, Vendor certifies steel products used or supplied in the performance of a
contract for public works shall be manufactured or produced in the United States, unless the executive head of the procuring agency
grants an exception(30 ILCS 565).
19. a) If Vendor employs 25 or more employees and this contract is worth more than$5000,Vendor certifies it will provide a drug free
workplace pursuant to the Drug Free Workplace Act.
b) If Vendor is an individual and this contract is worth more than$5000, Vendor shall not engage in the unlawful manufacture,
distribution,dispensation,possession or use of a controlled substance during the performance of the contract(30 ILCS 580).
20. Vendor certifies that neither Vendor nor any substantially owned affiliate is participating or shall participate in an intemational
boycott in violation of the U.S. Export Administration Act of 1979 or the applicable regulations of the U.S. Department of Commerce.
This applies to contracts that exceed$10,000(30 ILCS 582).
21. Vendor certifies it has not been convicted of the offense of bid rigging or bid rotating or any similar offense of any state or of the
United States(720 ILCS 03 E-3,E 4).
22. Vendor certifies it complies with the Illinois Department of Human Rights Act and rules applicable to public contracts,including equal
employment opportunity,refraining from unlawful discrimination,and having written sexual harassment policies(775 ILCS 5/2-105).
23. Vendor certifies it does not pay dues to or reimburse or subsidize payments by its employees for any dues or fees to any
"discriminatory club"(775 ILCS 25/2).
Page 3 of 4
24. Vendor certifies it complies with the State Prohibition of Goods from Forced Labor Act, and certifies that no foreign-made
equipment, materials, or supplies furnished to the State under the contract have been or will be produced in whole or in part by forced
labor,or indentured labor under penal sanction(30 ILCS 583).
25. Vendor certifies that no foreign-made equipment, materials, or supplies furnished to the State under the contract have been
produced in whole or in part by the labor or any child under the age of 12(30 ILCS 584).
26. Vendor certifies that it is not in violation of Section 50-14.5 of the Illinois Procurement Code (30 ILCS 500!50-14,5) that states:
"Owners of residential buildings who have committed a wikfd or knowing violation of the Lead Poisoning Prevention Act(410 ILCS 45)
are prohibited from doing business with the State until the violation is mitigated'.
27. Vendor warrants and certifies that it and,to the best of its knowledge,its subcontractors have and will comply with Executive Order
No. 1 (2007), The Order generally prohibits Vendors and subcontractors from hiring the then-serving Governor's family members to
lobby procurement activities of the State,or any other unit of government in Illinois including local governments if that procurement may
result in a contract valued at over$25,000. This prohibition also applies to hiring for that same purpose any former State employee who
had procurement authority at any time during the one-year period preceding the procurement lobbying activity.
28. Vendor certifies that information technology, including electronic information, software, systems and equipment, developed or
provided under this contract will comply with the applicable requirements of the Illinois Information Technology Accessibility Act
Standards as published at www.dhs.state.il.us/iitaa. (30 ILCS 587)
29. Vendor certifies that it has read, understands, and is in compliance with the registration requirements of the Elections Code (10
ILCS 5/9-35)and the restrictions on making political contributions and related requirements of the Illinois Procurement Code(30 ILCS
500120-160 and 50-37). Vendor will not make a political contribution that will violate these requirements. These requirements are
effective for the duration of the term of office of the incumbent Governor or for a period of 2 years after the end of the contract term,
whichever is longer.
In accordance with section 20-160 of the Illinois Procurement Code,Vendor certifies as applicable:
(M Vendor is not required to register as a business entity with the State Board of Elections.
or
❑ Vendor has registered and has attached a copy of the official certificate of registration as issued by the State Board of Elections.
As a registered business entity,Vendor acknowledges a continuing duty to update the registration as required by the Act.
VENDOR(show Company name and DBA)
United City of Yorkville
Signature
Printed Name Gary olinski
Title Mayor Date 3 Is 1
Address 800 Game Garm Road
Yorkville,IL 60560
Page 4 of 4