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Resolution 2006-054 STATE OF ILLINOIS ) - )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION IN FURTHERANCE OF THE INTERGOVERNMENTAL AGREEMENT WITH ILLINOIS DEPT. OF NATURAL RESOURCES (Contract 203, date 9- 01 -04) FOR GLEN PALMER DAM WHEREAS, the City Council of the United City of Yorkville has previously entered into and Intergovernmental Agreement (IGA) are referenced above a copy of which is attached hereto and incorporated here in as Exhibit "A "; and WHEREAS, Section A, par. 5 of the IGA obligates the City to provide a Resolution providing that sufficient City funding will be set aside to "adequately operate and maintain" the Project, "as defined herein," and WHEREAS, Section C, par 5 of the IGA defines the City's responsibilities for operation and maintenance, including removal of trash and debris, maintenance of signage, mowing of grass and/or removal of woody growth, removal of graffiti, repair of fencing and handrailing, and WHEREAS, this Resolution is strictly limited to establishing that funding will be set aside for the City's maintenance obligations as previously established by the IGA, and is not intended, nor shall it be construed to expand the City's obligations whatsoever as set forth in the IGA, and WHEREAS, the State of Illinois, Dept. of Natural Resources shall remain the owner of the Dam, and shall continue to be responsible for the structure of the dam, and this Resolution is not intended in any way, nor shall it be interpreted to change the ownership of the dam, or the responsibility for the structure of the dam. NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting BE IT HEREBY RESOLVED: A. The preambles are incorporated herein as if written in full as this place in the Resolution. B. The United City of Yorkville shall provide sufficient funding to be set aside to adequately operate and maintain certain aspects of the reconstructed Glen Palmer Dam as more specifically set forth in the Intergovernmental Agreement (IGA) with the State of Illinois Department of Natural Resources (Exhibit "A" ) which is attached hereto, and incorporated by reference herein. JAMES BOCK : f" JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS � JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 2j day of , A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day A.D. 2006. v ATTEST: U O CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 i INTERGOVERNMENTAL AGREEMENT between the UNITED CITY OF YORKVILLE, ILLINOIS and the STATE OF ILLINOIS /DEPARTMENT OF NATURAL RESOURCES forthe GLEN PALMER DAM IMPROVEMENTS PROJECT AND USE OF STATE OWNED PROPERTY Contract No. 203 9 -01 -04 THIS AGREEMENT is made.among the United Cityof Yorkville, a Municipal Corporation, located in Kendall County, Illinois, hereinafter referred to as the "CITY, "and the State of Illinois, Department of Natural Resources, hereinafter referred to as the "DEPARTMENT," WITNESSETH: , WHEREAS, the CITY and the DEPARTMENT are legal entities, organized and existing under the laws of the State of Illinois, having among their powers the authority to contract with one another to perform such undertakings as described herein under the "Intergovernmental Cooperation Act," 5 ILCS 220/1 et. seq. (2002); and WHEREAS, the CITY requested the DEPARTMENT to investigate the Glen Palmer Dam site to diminish or remove the public safety concerns created by the existing spillway configuration which ultimately resulted in the development of the PROJECT; and WHEREAS, the CITY recognizes the dam as a integral part of the CITY's history and economy and recognizes the dam as a recreational destination for local citizens, tourists, and sportsmen alike; and WHEREAS, the CITY, through prior resolution 2001 -7 approved by the CITY on February 28, 2001 strongly urged the DEPARTMENT to preserve the existing dam in the CITY while making such safety enhancements that will protect persons from harm and create an ecologically safe passageway for fish and water craft to move both upstream and downstream of the dam without harm to the environment; and WHEREAS, the DEPARTMENT has developed improvements for the state owned Glen Palmer Dam which consists of: modifying a portion of the dam spillway with a 4 -step concrete spillway and fish ladder, modifying the remainder of the dam spillway with a divider island and whitewater bypass channel /fish passage along the south bank of the river, appurtenances, and any environmental mitigation hereinafter referred to as the "PROJECT ", and WHEREAS, based on a document entitled 'Yorkville /Glen Palmer Dam Alternative Analysis and Preliminary Design - Dece'niber'2003," prepared by Teng and Associates for the DEPARTMENT and filed with the Illinois-General Assembly in summary form, it has been determined that while the DEPARTMENT prefers the ecologically beneficial removal of the dam, the PROJECT satisfies the state's objectives for safety, ecological improvements and recreational developments while minimizing land rights necessary to improve public safety, and that the DEPARTMENT should proceed to implement the PROJECT; and WHEREAS, the DEPARTMENT has jurisdiction over State property at the Yorkville Dam of the Fox River, located in Kendall County and known as Riverfront Bicentennial Park; and WHEREAS, the CITY currently operates Riverfront Bicentennial Park under Agreement Number 645A with the DEPARTMENT, dated April 25,1991 and revised January 15, 1999, and incorporated herein by reference, for open space, recreational purposes, and the operation of a 16 -inch water line across state owned property, including the Fox River; and WHEREAS, the CITY recognizes the PROJECT as an integral part of their further development of the Riverfront Bicentennial Park in the CITY; and WHEREAS, the DEPARTMENT has approved participation in the PROJECT to the extent allowed by its statutory authority under the "Des Plaines and Illinois Rivers Act," 615 ILCS 60/3 (2002); and WHEREAS, the Illinois General Assembly has appropriated funds to the DEPARTMENT from the Capital Development Bond Fund under Public Act 93 -0842, Article 93, Sections 105, that includes funds for this PROJECT; and WHEREAS, the DEPARTMENT has determined that the execution of this AGREEMENT is not subject to the signature requirements of the "State Finance Act," 30 ILCS 105/9.02 (2002). WHEREAS, under penalties of perjury, the CITY certifies that 36- 6006169 is its correct Federal Taxpayer Identification Number and that the CITY is doing business as a government entity; and NOW THEREFORE, for and in consideration of the benefits to be derived from the completion of the PROJECT, the sufficiency of which is hereby acknowledged, the parties hereto agree to the following terms and conditions: A. SPECIAL CONDITIONS 1. The recitals set forth are incorporated by reference and made a part hereof, the same constituting the factual basis for this transaction. 2. The PROJECT will be constructed by the DEPARTMENT in two stages, identified as STAGE 1 and STAGE 2 in this AGREEMENT. STAGE 1 will include that work necessary to modify the existing dam spillway with a four step spillway, fish ladder and to construct a temporary spillway in the vicinity of the future bypass channel. STAGE 2 will include that work necessary to remove the temporary spillway constructed in STAGE 1 and to construct a permanent divider island and bypass channel /fish passage along the south bank of the river including any landscaping and appurtenances necessary to complete the PROJECT. 3. STAGE 2 of the PROJECT will proceed based on the availability of funds, accepted. design plans, permits and land rights necessary to complete the stage. In the event the CITY wishes to proceed with implementation of STAGE 2 of the PROJECT without DEPARTMENT funding, the DEPARTMENT agrees to cooperate in the exchange of existing PROJECT documents with the CITY to facilitate the CITY's efforts. 2 i 4. The 2003 estimated cost of the two phased PROJECT is $6,800,000. The DEPARTMENT's funding obligation will cease immediately without penalty or further payment being required if in any fiscal year the Illinois General Assembly fails to appropriate or otherwise make available sufficient funds for the PROJECT. 5. The DEPARTMENT will not approve the award of a construction contract for STAGE 1 of the PROJECT until the CITY has adopted and furnished to the DEPARTMENT a proper resolution providing that sufficient CITY funding will be set aside -to adequately operate and maintain the PROJECT as defined herein. 6. The previous Agreement Number 645A entered into on April 25, 1991 and revised January 15, 1999 between the CITY and the DEPARTMENT is hereby declared null and void and is hereby replaced in total with the terms of this new AGREEMENT between the parties. 7. All provisions of this agreement will be binding upon the successors and assigns of the parties hereto. B. This agreement may only be modified, assigned, supplemented, amended or terminated by mutual agreement, in writing, by the parties hereto. I i B. DEPARTMENT OF NATURAL RESOURCES, 1. The DEPARTMENT will prepare or cause to be prepared, the final design plans, specifications, operation and maintenance manual, and contract documents; advertise for bids; make the contract award; supervise the construction (resident engineering); and pay for all the construction costs associated with the PROJECT. The CITY will pay for all design and construction costs associated with any enhancements added to the PROJECT at the request of the CITY. The PROJECT may be constructed in phases as determined by the DEPARTMENT. 2. The DEPARTMENT will designate on the plans all designated boundaries of the lands, easements, and rights -of -way, hereinafter referred to as "PROPERTY RIGHTS,' required for the construction, environmental mitigation, operation and maintenance of the PROJECT. The DEPARTMENT will also designate, on the plans or in writing prior to the CITY commencing acquisition, the minimum title, right or interest required in each parcel of land to ensure the proper construction and future integrity of the PROJECT. 3. The DEPARTMENT will assume all responsibility for the structural repair and/or rehabilitation of the PROJECT after construction completion to ensure that it will serve the intended purpose for the life of the PROJECT. Any necessary work concerning concrete PROJECT features and any other PROJECT features related to the structural integrity of the PROJECT will be the responsibility of the DEPARTMENT. 4. The DEPARTMENT hereby grants to the CITY the right to enter upon any property rights held by the DEPARTMENT necessary for operation, maintenance inspection, and maintenance of the PROJECT as defined herein. 5. The DEPARTMENT will be responsible for obtaining all federal and state permits required to construct, operate, and maintain the PROJECT. All permits will be applied for in the DEPARTMENT's name. The CITY will be responsible for obtaining any local permits required for the PROJECT. The DEPARTMENT will be responsible for all PROJECT inspections and reports associated with the issuance of a state Dam Safety permit. 3 I Should the DEPARTMENT determine that a maintenance problem exists, a joint inspection will be scheduled and made by the CITY and the DEPARTMENT. Failure of the CITY to properly maintain the PROJECT as defined herein and as indicated by a written report of such inspection, will permit the DEPARTMENT, upon thirty (30) days written notice and continued failure of the CITY to perform the necessary maintenance work, to enter upon any of the PROJECT property rights and perform such maintenance work. In this instance, the CITY will reimburse the DEPARTMENT for any and all costs that maybe incurred by the DEPARTMENT in connection therewith. C. UNITED CITY OF YORKVILLE 1. The CITY will review and comment in writing to the DEPARTMENT on the final design plans and specifications and on the operation and maintenance manual for the PROJECT prior to the DEPARTMENT advertising for construction bids. 2. The CITY, without cost to the DEPARTMENT, will acquire and convey to the DEPARTMENT, title to all PROPERTY RIGHTS, not currently held by the DEPARTMENT required for the construction, operation, and maintenance of the PROJECT. All expenses associated with PROPERTY RIGHTS acquisition including title commitments, attorney fees, appraisal costs, plat preparation, recording costs and any other incidental expenses will be borne by the CITY. Prior to the DEPARTMENT advertising for bids, the CITY will furnish to the DEPARTMENT copies of the conveyance documents on all PROPERTY RIGHTS acquired for the construction, operation and maintenance of the PROJECT for review and approval by the DEPARTMENT. 3. The CITY, without cost to the DEPARTMENT, will acquire and convey to the DEPARTMENT, PROPERTY RIGHTS for any environmental mitigation required as a result of the construction of the PROJECT. All expenses associated with PROPERTY RIGHTS acquisition including title commitments, attorney fees, appraisal costs, plat preparation, recording costs and any other incidental expenses will be borne by the CITY. Prior to the DEPARTMENT advertising for bids, the CITY will furnish to the DEPARTMENT copies of the conveyance documents on all PROPERTY RIGHTS acquired for the mitigation of the PROJECT, if necessary, for review and approval by the DEPARTMENT. 4. The CITY hereby grants to the DEPARTMENT the right to enter upon any PROPERTY RIGHTS held by the CITY necessary for construction, construction inspection, operation, maintenance, maintenance inspection and in the e\ent the provisions of Item B-6 herein are invoked by the DEPARTMENT for failure of the CITY to operate and maintain the PROJECT. CITY will permit the use of any CITY -owned streets or alleys by the DEPARTMENT or its assigns as necessary to construct, inspect, operate and maintain the PROJECT. 5. The CITY, without cost to the DEPARTMENT, will assume responsibility for the operation and maintenance of the PROJECT in accordance with the operation and maintenance manual, to ensure that the PROJECT will serve the intended purpose. Maintenance will include, but not be limited to, keeping the area clear of all trash and debris, or any other matter that might tend to impede proper and free flow of water. All structures, including riffles, pools, trails, bridges and the divider island will be kept clean of any and all debris and will be maintained in a satisfactory condition. All PROJECT signage will be maintained in a satisfactory condition. Grass covered areas will be mowed to a height of six inches or less at least twice each year. On areas that cannot be mowed, measures will be taken at least annually to maintain the designated landscape plantings and eliminate unwanted woody growth larger than one -half inch in diameter. The CITY will keep all concrete and rock surfaces free of graffiti and unnecessary markings and maintain and repair all fencing and handrailing associated with the PROJECT. 4 Measures will also be taken as conditions require to correct any erosion problems associated with the PROJECT. 6. The CITY will be responsible for expeditiously notifying the DEPARTMENT of any necessary PROJECT repair or rehabilitation conditions that exist related to substantial erosion or structural integrity of the PROJECT. 7. The CITY will be responsible for the operation and maintenance of all safety lighting, signage, water control gates, and buoy placement associated with the operation of the PROJECT. 8. The CITY, without cost to the DEPARTMENT, will be responsible for obtaining and providing the DEPARTMENT with copies of all local permits required for the construction of the PROJECT. The CITY will be responsible to abide by all federal, state and local laws, ordinances, rules and regulations during operation and maintenance of the PROJECT, and to satisfy all state environmental laws, regulations, and executive orders that apply because of state funds being used on the PROJECT. 9. The CITY, without cost to the DEPARTMENT, will be responsible for all utility alterations or relocations and for all fence removal and /or replacement required as a result of the PROJECT construction, including any utility and fence related work shown on the plans. Utilities include, but are not limited to, electrical, cable television, and communication lines and oil, gas, sewer, and water pipelines. 10. The CITY will maintain eligibility in the National Flood Insurance Program. The CITY will continue to adopt and enforce required ordinances satisfactory to the Federal Emergency Management Agency and the DEPARTMENT, relative to the regulation of development in floodplains under the jurisdiction and control of the CITY. 11. The CITY will hold and save the DEPARTMENT and any of its duly appointed agents and employees harmless against any loss, damage, cause of action, fine or judgment, including all costs connected therewith, such as attorney and witness fees, filing fees and any other expenses incidental thereto, that may be incurred by reason of personal injury, death, property damage, flood damage and any and all other claims or suits of whatsoever nature that might arise or result from or as a consequence of the design, location, construction, operation and maintenance of the PROJECT. The CITY will not be responsible to hold the DEPARTMENT harmless against any loss, damages, costs or expenses arising out of negligent acts or omissions by the DEPARTMENT or its agents or employees. D. TERMS OF LAND USE 1. PREMISES: The lands covered by this Agreement shall include: (1) three tracts, comprising the Yorkville Dam and the abutting properties on the North and South banks of the Fox River in Section 33, Township 37 North, Range 7 East of the Third Principal Meridian, known as TRACT A (north abutment area), TRACT B (south abutment area), and TRACT C (all The DEPARTMENT property situated between said TRACTS A and B and bounded by the extended East and West boundaries thereof), (2) all PROPERTY RIGHTS acquired by the CITY in the name of the DEPARTMENT required for the construction, operation and maintenance of the PROJECT, and (3) all improvements of these lands, including the PROJECT (all hereinafter the "PREMISES "). 2. USE OF PREMISES: The DEPARTMENT grants use of the PREMISES to the CITY, at no cost to the CITY, in consideration for the CITY's responsibilities defined herein. CITY 5 i hereby agrees to use the PREMISES for open space and recreational purposes at no charge to the public and for the existing 16 -inch water line and other appurtenant utilities only, in accordance with plans, specifications and operations and maintenance manual approved by both parties. The PREMISES shall not be used for the burning of refuse, deposition of debris or other material, or for any unsanitary or unhealthful purposes by the CITY in the use or occupancy of the PREMISES. Any other uses of the PREMISES, and all plans in connection herewith, shall be subject to the prior written approval of the DEPARTMENT. An unauthorized or impermissible use of the PREMISES shall be deemed to be a material breach of this Agreement. 3. ALTERATIONS: The CITY shall in no way alter or modify any existing structure(s) located on the PREMISES, nor shall the CITY modify the land within the PREMISES, without the prior express written consent of the DEPARTMENT. If the CITY wishes to make any such alterations and /or modifications, the CITY shall first contact the DEPARTMENT's Division of Planning to ensure compliance with applicable statutes and regulations including, but not limited to, consultation requirements of the Illinois Endangered Species Protection Act, 520 ILCS 10/11, and the consultation, mitigation and compensation provisions of the Interagency Wetland Policy Act of 1989, 20 ILCS 830/1 -1 et seq., and with the State Agency Historic Resources Protection Act. Nothing herein contained shall be construed to mean that thebEPARTMENT shall be responsible for compliance with all applicable State or Federal statutes and regulations; that responsibility shall remain with the CITY. 4. MAINTENANCE: In consideration for the CITY's use of the PREMISES as defined in articles D -1 and D -2, the CITY agrees to perform all maintenance of the PREMISES, including litter control and vegetation management and all PROJECT maintenance as defined in Articles C -5, C -6, and C -7 of this Agreement. 5. OBSTRUCTION OF PREMISES: CITY shall do nothing that might interfere with the ability of the DEPARTMENT to inspect, maintain or improve the PREMISES or any portion thereof, including specifically but without limitation activities of the DEPARTMENT related to the operation of the dam and associated PROJECT. The CITY shall not, in any manner, obstruct the programs of the DEPARTMENT. It is understood and agreed that the DEPARTMENT reserves the right to require the CITY to remove, relocate or modify any structures, improvements or facilities upon, under or across the PREMISES, at the CITY's sole expense, if the DEPARTMENT determines, in its sole discretion, that such actions are appropriate and necessary to preserve the integrity, character, function or use of the PREMISES. 6. RELEASE OF DAMAGES: The CITY will further hold and save the DEPARTMENT and any of its duly appointed agents and employees harmless against any loss, damage, cause of action, fine or judgment, including all costs connected therewith, such as attorney and witness fees, filing fees and any other expenses incidental thereto, that may be incurred by reason of personal injury, death, property damage, flood damage and any and all other claims or suits of whatsoever nature that might arise or result from or as a consequence of the use, operation and maintenance of the PREMISES. The CITY will not be responsible to hold the DEPARTMENT harmless against any loss, damages, costs or expenses arising out of negligent acts or omissions by the DEPARTMENT or its agents or employees. 7. LAWS AND REGULATIONS: The DEPARTMENT and the CITY shall comply with all applicable provisions of State and Federal constitutions, laws, regulations, orders and decrees, including but not limited to those pertaining to unlawful discrimination and equal employment opportunity, including without limitation the Illinois Human Rights Act, the Public Mrks Employment Discrimination Act, the Civil Rights Act of 1964, the Americans with Disabilities Act, and Article VI of the regulations of the Illinois Department of Human Rights, which are incorporated herein by reference, and all environmental and cultural heritage requirements. 6 8. NOTIFICATIONS: All official notices pertaining to this Agreement, excluding routine management communications but including, without limitation, communications pertaining to amendments or termination, shall be effective only if directed to the respective parties as follows: for The DEPARTMENT: for CITY: Department of Natural Resources Mayor, City of Yorkville Concession and Lease Management 800 Game Farm Road One Natural Resources Way Yorkville, Illinois 60560 Springfield, Illinois 62702 -1271 (telephone 217 - 782 -0179) (telephone 630 - 553 -4372) or to such other points of contact as may be designated in writing from time to time by authorized representatives of the parties. All routine communications relating to management and operation of the PREMISES shall be directed as follows: Department of Natural Resources Yorkville City E Depart y � Office of Water Resources 610 Tower Lane One Natural Resources Way Yorkville, Illinois 60560 Springfield, Illinois 62702 -1271 (telephone 217 - 782 -0900) (telephone 630 - 553 -4350) 9. INSPECTION AND REPAIRS: The DEPARTMENT makes no representations, warranties (expressed or implied) or assurances with respect to the condition of any improvements situated on the PREMISES or the PREMISES themselves. The CITY accepts the PREMISES and all improvements thereon "as is" in their present condition, and all future PROJECT improvements as designed, approved and constructed on the PREMISES. It is further understood and agreed that the CITY has sufficiently inspected the PREMISES, prior to the execution of this Agreement, made an independent assessment of the environmental and other conditions of the PREMISES, and accepts the same in its present condition. Any environmental claims which may arise from the CITY's use shall be the sole responsibility of the CITY, who agrees to indemnify and hold harmless the DEPARTMENT thereon. 10. RESERVED RIGHTS: This Agreement is nonexclusive, and the DEPARTMENT reserves the right of ingress, egress and usage of the PREMISES, and the right to grant leases, permits, or rights -of -way in and to the PREMISES to the extent that they are not incompatible with the uses authorized herein. 11. PUBLIC SAFETY: Should it be determined by the DEPARTMENT that a particular use of the PREMISES by the CITY is, or will be, hazardous to the public or the property, the CITY, upon written notice by the DEPARTMENT, shall install safety devices or make modifications at the CITY's sole expense to render the PREMISES safe for, and compatible with, public use. In the event the CITY fails to install such safety devices or make required modifications within thirty (30) days, or, if such modifications cannot be completed within said 7 I I time frame, the CITY fails to begin working expeditiously to render the PREMISES safe for the public, the DEPARTMENT may install such safety devices or make such modifications at the CITY's expense, and may declare the CITY to be in breach of this Agreement. 12. ENVIRONMENTAL: The CITY, except as otherwise herein provided, shall not alter or impede water flowage, apply chemicals, or disturb the terrain in any manner within the PREMISES without prior approval of the DEPARTMENT. 13. TERMINATION: The DEPARTMENT shall have the right to terminate this Agreement upon giving the CITY ninety (90) days' written notice. The CITY agrees to surrender and restore the PREMISES, and remove all personal property therefrom, prior to the expiration of said notification period. If this Agreement is terminated under this provision, the CITY shall not be liable for CITY responsibilities defined in this Agreement beyond the date of vacating the PREMISES. I It is further understood and agreed that the DEPARTMENT may terminate this Agreement if the CITY is in default or in breach of any of the terms of the Agreement, or in the event of the CITY's bankruptcy or receivership. In such an event, the DEPARTMENT shall give the CITY a written notification of such breach or default, and the CITY shall have thirty (30) days to cure the same. If the CITY fails to cure or remedy the breach or default within said period of time, the DEPARTMENT shall have the right to declare this Agreement to be terminated. Upon such an occurrence, the CITY shall surrender the PREMISES to the DEPARTMENT subject to the provisions of Article D -14. Likewise, the CITY, with 90 days written notice, may terminate this Agreement if the DEPARTMENT is in breach of any of the terms of the Agreement. Upon such an occurrence, the CITY shall surrender the PREMISES to the DEPARTMENT subject to the provisions of Article D -14. 14. VACATING THE PREMISES: The CITY, immediately upon Agreement Termination, shall vacate the PREMISES and remove all property to which the CITY holds proper title, except that the CITY shall not remove any property that is permanently attached to the PREMISES regardless of whether the CITY holds proper title except as authorized in writing by the DEPARTMENT. Should the CITY fail to remove or dispose of the CITY's property, the DEPARTMENT may consider such property abandoned and may claim proper title to such property or dispose of same at the CITY's expense. In addition, at the termination of this Agreement, the CITY shall quit and surrender the PREMISES, including real property 8 improvements, in a good state of repair, save ordinary wear and tear. The DEPARTMENT reserves the right to require the CITY to make such repairs and restorations as it may, in its sole j discretion, deem necessary. I ' I 15. NONINTERFERENCE AND COOPERATION.: The DEPARTMENT and CITY shall do nothing to interfere with or prejudice the other's right or duty to recover damages or commence action against a third party, and shall furnish all reasonable assistance and i cooperation in connection with any action against such third party, including without limitation i assistance in the prosecution of suit. I 16. DISCRIMINATION: The DEPARTMENT and the CITY shall not discriminate unlawfully on the basis of race, color, sex, national origin, age or handicap in admission to, or treatment or employment in, programs or activities. i 17. CERTIFICATIONS: The CITY will complete the attached Certification Document marked ATTACHMENT A, which will be incorporated as part of this AGREEMENT. 9 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year written, and represent that the signatories below are duly authorized to execute this AGREEMENT on behalf of their respective bodies, and that the effective date of this AGREEMENT is the date approved and executed by the Director of the DEPARTMENT. STATE OF ILLINOIS RECOMMENDED: ?Date: D: Gary R. Clark, Director vold, Director Office of Water Resources t of Natural Resources y —0 APPROVED: Robert Mool, Legal Counsel UNITED CITY OF YORKVILLE ATTEST: APPROVED: c Yorkville CITY Clerk Yorkville CITY Mayor Date: 10 LLINOIS Ile ATTACHMENT A CERTIFICATIONS 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 pe rjury, I certify that the name, taxpayer identification numb and legal status listed below are correct. (,1 Name: 4'1 i 4e-Li 0)-- o f � �Uo �l Taxpayer Identification Number: Social Security Account Number or Federal Employer Identification NumberG J Q (If you are an individual, enter your name and SSAN 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 and the FEIN.) Legal Status (Check one): ❑ Individual • Owner of Sole Proprietorship KGovernmental Entity • Partnership ❑ Nonresident alien individual • Tax - exempt hospital or extended care facility ❑ Estate or legal trust • Corporation providing or billing ❑ Foreign corporation, partnership, estate, or trust medical and /or health care services ❑ Other: ❑ Corporation NOT providing or billing medical and /or health care service VI. This certification is required by the Drug Free Workplace Act (30 ILCS 58011) 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. i -2- ATTACHMENT A The contractor /grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will: (A) abide by the terms of the statement; and (B) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (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. Contractor 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 contractor certifies that services, programs and activities provided under this contract are and will continue to be in compliance with the ADA. -3- ATTACHMENT A 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. Contractor 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. I RETENTION OF RECORDS: The Contractor or subcontractor shall maintain books and records relating to the performance of the contract or subcontract and necessary to support amounts charged to the State under the contract or subcontract. The books and records shall be maintained by the Contractor for a period of 3 years from the later of the date of final payment under the contract or completion of the contract and by the subcontractor for a period of 3 years from the later of the date of final payment under the subcontractor completion of the subcontract. However, the 3 -year period shall be extended for the duration of any audit in progress at the time of that period's expiration. All books and records shall be available for review and audit by the Auditor General and the purchasing agency. 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 and records 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 contractfor which required books and records are not available. (30 ILCS 500/20 -65). X. SEXUAL HARASSMENT: Pursuant to 775 ILCS 5/2- 105(A)(4), contractor shall have written sexual harassment policies that shall include, at a minimum, the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment under State law; (iii) a description of sexual harassment, utilizing examples; (iv) the Contractor's internal complaint process including penalties; (v) the legal recourse, investigative and complaint process available through the Department of Human Rights and the Human Rights Commission; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation as provided by Section 6 -101 of the Illinois Human Rights Act. A copy of the policies shall be provided to the Department upon request. Xl. 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 WORKMEN: 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. XIV. The Contractor or bidder certifies that it, or any affiliate, is not barred from being awarded a contract under 30 ILCS 500. Section 50 -11 prohibits a person from entering into a contract with a State agency if he knows or should know that he, or any affiliate, is delinquent in the payment of any debt to the State as defined by the Debt Collection Board. Section 50 -12 prohibits a person from entering into a contract with a State agency if he, or any affiliate, has failed to collect and remit Illinois Use Tax on all sales of tangible personal property into the State of Illinois in accordance with the provisions of the Illinois Use Tax Act. The Contractor further acknowledges that the contracting State agency may declare the contract null and void if this certification is false or if the Contractor, or any affiliate, is determined to be delinquent in the payment of any debt to the State during the term of the contract. XV. The Contractor certifies in accordance with Public Act 93 -0307 that no foreign -made equipment, materials, or supplies furnished to the State under the contract have been produced in whole or in part by forced labor, convict labor, or indentured labor under penal sanction. XVI. The Contractor certifies in accordance with 30 ILCS 500/50 -10.5 that no officer, director, partner or managerial agent of the contracting business 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, 815 ILCS 5/1 et seq., for a period of five years prior to the date of the bid or contract. The Contractor acknowledges that the contracting agency shall declare the contract void if this certification is false. XVII. The Contractor certifies this agreement is in compliance with the requirements of the Corporate Accountability for Tax Expenditure Act (PA 93- 0552). XVIII. The Contractor certifies in accordance with 30 ILCS 500150 -12 that the bidder or contractor is not barred from being awarded a contract under this Section. The Contractor acknowledges that the contracting agency may declare the contract void if this certification is false. -4- ATTACHMENT A 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: ' TLE: DHR Public Contract Number *: Approved by DNR Legal Counsel June 2003 as revised by Comptroller Accounting Bulletin 116 in January 2004 ( *) 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, loth Floor, Chicago, Illinois 60601 or calling 312/814 -2431 (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 ".