R-48-04 07/12/2004RESOLUTION p_ q_ 0 I
A RESOLUTION ENTERING INTO A COOPERATIVE AGREEMENT BETWEEN THE
ILLINOIS & MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR COMMISSION AND
THE VILLAGE OF LEMONT
WHEREAS, the Village has been awarded a Partnership Project Grant for the fabrication and
installation of signage, information kiosk and accessory items that will orient visitors to the I &M Canal and
Heritage Quarries, enhance their safety and overall experience, and help them to understand the cultural,
historical, natural, and recreational importance of the I &M Canal; and
WHEREAS, in order to receive funding through the Partnership Project Grant, it is necessary to
enter into an agreement with the Illinois & Michigan Canal National Heritage Corridor Commission, a
copy of which is attached hereto as Exhibit A;
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND MEMBERS OF THE
BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL & DU PAGE COUNTIES,
ILLINOIS that:
Section 1: Incorporation of Recitals: The foregoing recitals are hereby expressly incorporated into and
made a part of this Resolution as if fully set forth herein.
Section 2: The Mayor and Village Clerk are authorized to execute the Cooperative Agreement with the
Illinois & Michigan National Heritage Corridor Commission attached hereto as Exhibit "A ".
Section 3: Effective Date: This Resolution shall become effective upon passage, approval and publication,
in Book and Pamphlet form as provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES ILLINOIS on this
a Day of U , 2004
AYES NAYS PASSED ABSENT
Debby Blatzer
Peter Coules
Brian Reaves
Steven Rosendahl
Ronald Stapleton
Jeanette Virgilio
Attest:
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JOHN F . X7_1' ZA, Village P
CHARLENE SMOLLEN, Village Clerk
esiden
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Agreement # 11628504I119
Cooperative Agreement
Between
Illinois & Michigan Canal National Heritage Corridor Commission
And
The Village of Lemont
This Cooperative Agreement is made and entered into between the Village of Lemont and the United States
of America, U.S. Department of the Interior, National Park Service ( herinafter referred to as NPS), Illinois
and Michigan Canal National Heritage Corridor Commission (herinafter referred to as the Commission).
Article I. Background, Objectives
The Law creating the Illinois and Michigan Canal National Heritage Corridor Commission, Cited in Article
II, has as its purpose "to retain, enhance, and interpret, for the benefit and inspiration of present and future
generations, the cultural, historical, natural, recreational, and economic resources of the corridor, where
feasible, consistent with industrial and economic growth." Its description of the Commission's duties
includes:
"assist(ing) the State, any political subdivision of the State, or and non -profit organization in the
appropriate preservation treatment and renovation... of structures of the canal;"
"assist(ing) in the enhancement of public awareness of, appreciation for, the historical,
architectural, and engineering structures in the corridor and the archaeological and geological
resources and sites in the corridor;"
"assist(ing) in the interpretation of the cultural and natural resources of the corridor... by
encouraging voluntary cooperation and coordination between Federal Government, the State,
political subdivisions of the State, and no-profit organizations with respect to ongoing interpretive
services in the corridor; and by encouraging the State, political subdivisions of the State, and non-
profit organizations to undertake new interpretive initiatives with respect to the corridor;"
« assist(ing) in establishing recognition for the corridor by actively promoting cultural, historical,
natural, and recreational resources of the corridor on a community, regional, statewide, national,
and international basis."
Article II. Authority
A. General Authorities:
1. The National Park Service Organic Act of August 25, 1916 as amended, 16 U.S.C. § 1 et m.
2. The Outdoor Recreation Programs Act of 1963, May 28, 1963, 16 U.S.C. § 460 1 et sew.., Pub. L.
88 -29, 77 Stat. 49.
3. The Money and Finance Act of September 13, 1982, 31 U.S.C. § 5301 et sue., (which incorporates
elements of the Federal Grant and Cooperative Agreement Act of 1977).
B. Program Specific Authority:
1. Historic Sites, Buildings, and Antiquities Act, August 21, 1935, 49 Stat. 666, 16 U.S.C. § 461 -467.
2. Act to establish the Illinois and Michigan Canal National Heritage Corridor in the State of
Illinois, August 24, 1984, Pub. L. 98 -938, 16 U.S.C. § 461, Sec 108(I);
3. Public Law 105 -355, amending PL 98 -938.
Article III. Statement of Work
A. The National Park Service agrees to:
1. Provide reimbursement as specified in individual modifications;
2. Monitor project progress on a regular basis;
3. Provide technical assistance and advise on project;
4. Respond promptly to requests for assistance and for reimbursement under this Agreement;
5. Provide public information on the project and its benefit to the National Heritage Corridor;
6. Assist in the preparation of press releases and public events upon the initiation of the project and
upon completion of significant parts of the project;
7. Review publicity and other promotional materials for Commission - sponsored programs and
projects for accuracy and consistency with Commission objectives.
B. The Village of Lemont agrees to:
1. Manage, administer, and carry out projects and activities as specified in individual modifications;
2. Prepare and distribute a press release upon the initiation of the project and upon completion of
significant parts of the project;
3. Cooperate with the NPS and Commission staff in providing bi- monthly updates on project status,
including a completion report;
4. Contribute information for project documentation.
Article IV. Term of Agreement
Unless earlier terminated by operation of the terms of this Agreement or by the agreement of the parties in
writing, the Agreement shall expire on the date 5 (five) years after the date of execution of this Agreement.
This Agreement may only be modified in the form of amendments in writing by mutual agreement of all
parties. Request for modification will be forwarded by one party to the other by written notice at least 30
(thirty) days prior to the proposed effective date of such modification.
Article V. Key Officials
A. For the National Park Service
1. Signatory/ Administrative:
Theca McVay
Administration/Procurement
National Park Service
Midwest Regional Office
601 Riverfront Drive
Omaha, NE 68102
(402)661 -1662
2. Technical:
Phyllis Ellin
Executive Director
Illinois & Michigan Canal National Heritage Corridor Commission
201 W. 10th Street, #1-SE
Lockport, IL 60441
(815)588 -6040
B. For the Village of Lemont
Gary Holmes
Village Administrator
Village of Lemont
418 Main Street
Lemont, IL 60439
(630)257 -1590
C. Communications- the Village of Lemont will address any communication regarding this Agreement
to the Executive Director.
D. Changes in Key Officials- Neither the Commission nor the Village of Lemont may make any change
in a key official without written notice to the other party reasonable in advance of the proposed change.
The notice will include a justification with sufficient detail to permit evaluation of the impact of such a
change on the scope of work specified within the Agreement. Any change in key officials will be
made only by modification to this Agreement.
Article VI. Award and Payment
A. Work Plan, Budget, and Award of Funds- A specific workplan and budget shall be incorporated into
an individual modification to this Agreement. The commitment of funds in furtherance of this
Agreement shall be authorized upon execution of an individual modification. The Commission will
award funds on a reimbursable basis based on the work plan and budget.
B. Request for Reimbursement - In accordance with the provisions found in OMB Circular A -102
1. Invoices and other required supporting statements or certificates (all properly identified with the
Agreement Number) will be submitted to the Executive Director at:
1 &M Canal NHC Commission
201 W. 10th Street #1 -SE
Lockport, IL 60441
2. Reimbursement claims should be submitted on Standard Form 270 (Request for Advance or
Reimbursement), in an original and one copy.
Article VII. Prior Approval
In accordance with OMB Circular A -102 and the "Common Rule ", 43 CFR Part 12, Subpart C,
Paragraph 12.70: Partners are permitted to re- budget within the approves direct cost budget to meet
unanticipated requirements and may make limited program changes to the approved project. However,
certain types of post -award changes in budgets and projects shall require the prior written approval of
the 1 &M Canal National Heritage Corridor Commission.
A. Budget Changes — non - construction: (1) Any revision which would result in the need for
additional funding; (2) Cumulative transfers among direct cost categories, which exceed or are
expected to exceed ten percent (10 %) of the current total approved budget; or (3) any transfer of
funds allotted for training allowances.
B. Programmatic Changes — (1) Any revision in the scope or objectives of the project (regardless of
whether there is an associated budget revision which requires prior approval); (2) Need to extend
the period of availability of funds; (3) Changes to key personnel; and (4) Contracting out or
otherwise obtaining the services of a third party to perform activities which are central to the
purpose of the award and are not included in the Scope of Work.
Article VIII. Reports and /or Deliverables
A. Where to Submit — Reports and deliverables should be sent to the Commission at the address Listed in
Article VI.
B. What and When to Submit:
1. Reports shall be no longer that two (2) pages in length and shall include:
(a) Summary of overall progress, including results to date, with reference to prior projections of
work to be accomplished during the reporting period (Section (e), below);
(b) Indication of any current problems or favorable or unusual developments, including prompt
notification of any developments that significantly affect the project, including what action is
being considered to address the situation and what assistance is needed;
(c) Projection of work to be accomplished during the next reporting period;
(d) If a request for reimbursement is included, it must be submitted on a Form SF 270.
2. Reports shall be produced bi- monthly.
C. Recordkeeping- Records and reports will be maintained by the Village of Lemont in accordance with
the requirements of the Governing Office of Budget Management and Budget Circulars cited in Article
XI.
D. Access to Records:
1. The Village of Lemont will give the NPS, the Commission, and the Comptroller General of the
United States, or any authorized representative, access to and the right to examine all records
related to this Agreement.
2. The Commission will give the Village of Lemont or any authorized representative the right to
examine any records related to this Agreement that otherwise would be available to the Village of
Lemont under the Freedom of Information Act, 5 U.S.C. § 552.
Article IX. Property Utilization and Disposition
Property utilization and disposition shall be in accordance with OMB Circular A -102, and 43 CFR 12.924
and 12.935. The disposition of any equipment acquired will be agreed to by the Village of Lemont and
the Commission prior to any disposition. The Village of Lemont will maintain records of all property
acquired and disposed of under this Agreement.
Article X. Modification and Termination
A. Modification- The commitment of funds in furtherance of this Agreement shall be authorized by
individual modifications. When the work to be accomplished and the work program are mutually
agreed upon by both parties, an appropriate modification shall be consummated, obligating funds.
B. Termination- While it is the express intent of both parties that the activities described under this
Agreement continue uninterrupted, this Agreement may be terminated or suspended in accordance
with the provisions set forth with 43 CFR Part 12 which provides as follows:
1. By the awarding agency with the consent of the grantee or subgrantee in which case the two
parties shall agree upon the termination conditions, including the effective date and in the case of
partial termination, the portion to be terminated , or
2. By the grantee or subgrantee upon written notification to the awarding agency, setting forth the
reasons for such termination, the effective date, and in the case of partial termination, the portion
to be terminated. However, in the case of partial termination, the awarding agency determines that
the remaining portion of the award will not accomplish the purposes for which the award was
made, the awarding agency may terminate the award in its entirety.
Article XI. General and Special Provisions
A. General Provisions:
L OMB Circulars and other Regulations — The following OMB Circulars and other regulations
are incorporated by reference into this Agreement:
(a) OMB Circular A -87, "Cost Principles for State, Local, and Indian Tribal Governments ".
(b) OMB Circular A -97, "Provisions for Specialized and Technical Services to State and Local
Governments ".
(c) OMB Circular A -102, as codified by 43 CFR Part 12, Subpart C, "Uniform Administrative
Requirements for Grant -in -Aid to State Governments ".
(d) OMB Circular A -133, "Audits of States, Local Governments, and Non -Profit Organizations ".
(e) FAR Clause 52.203 -12. Paragraphs (a) and (b), "Limitation on Payments to Influence Certain
Federal Transactions
2. Non - Discrimination- All activities pursuant this Agreement shall be in compliance with the
requirements of Executive Order 11246: Title VI of the Civil Rights Act of 1964, as amended, (78
Stat. 252: 42 U.S.C. §§ 2000d et seq.): Title V. Section 504 of the Rehabilitation Act of 1973, as
amended, (87 State. 394: 29 U.S.C. § 794); the Age discrimination Act of 1975 (89) Stat. 728: 42
U.S.C. §§ 6101 et seq.); and with all other federal laws and regulations prohibiting discrimination
on grounds of race, color, sexual orientation, national origin, disabilities, religion, age, or sex.
3. Lobbying Prohibition — 18 U.S.C. § 1913, Lobbying with Appropriated Moneys — No part of the
money appropriated by any enactment of Congress shall, in the absence of express authorization
by Congress, be used directly or indirectly to pay for any personal service, advertisement,
telegram, telephone, letter, printed or written matter, or other devise, intended or designed to
influence in any manna a Member of Congress, to favor or oppose, by vote or otherwise, any
legislation or appropriation by Congress, whether before or after the introduction of any bill or
resolution proposing such legislation or appropriation; but shall not prevent officers or employees
of the United States or its departments or agencies from communicating to Members of Congress
on the request of any Member or to Congress, through the proper official channels, requests for
legislation or appropriations which they deem necessary for the efficient conduct of the public
business.
4. Anti - Deficiency Act- 31 U.S.C. § 1341 —Nothing contained in this Agreement shall be construed
as binding the NPS to expend in any one fiscal year any sum in excess of the appropriations made
by Congress for the purposes of this Agreement for that fiscal year. Or other obligation for the
further expenditure of money in excess of such appropriations.
5. Minority Business Enterprise Development- Executive Order 12432 —It is the national policy to
award a far share of contracts to small and minority firms. The NPS is strongly committed to the
objectives of this policy and encourages all recipients of its Cooperative Agreements to take
affirmative steps to ensure such faimess by ensuring procurement procedures are carrier out in
accordance with 43 CF § 12.944 for Institutions of Higher Education, Hospitals and Other Non -
Profit Organizations, and 43 CFR § 12.76 for State and Local Governments.
6. Liability Provision —
(a) The Village of Lemont accepts responsibility for any property damage, injury or death caused
by the acts or omissions of their respective employees, acting within the scope of their
employment, to the fullest extent permitted by law.
(b) To the extent work is to be provided by a non - governmental entities or persons, the Village of
Lemont will require that entity or person to comply with all applicable state and federal laws
and regulations and/or meet the Village of Lemont's standards regarding type and amounts of
insurance coverage.
(c) Contracts with third parties shall require them to:
(i) Indemnify, save and hold harmless, and defend the United States and the Village of
Lemont against all fines, claims, damages, losses, judgments, and expenses arriving
out of or from, any omission or activity of such person, organization, its
representatives or employees.
(ii) Pay the Unites States the full value for all damages to the lands or other property of
the Unites States caused by such person or organization, its representatives or
employees.
B. Special Provisions
1. Publication of Result of Studies — No Party will unilaterally publish a joint publication without
consulting the other party. This restriction does not apply to popular publication of previously
published technical matter. Publication pursuant to this Agreement may be produced
independently or in collaboration with others, however, in all cases proper credit will be given to
the efforts of those parties contributing to the publication. In the event no agreement is reached
concerning the manner or interpretation of results, either party may publish data after due notice
and submission of the proposed manuscripts to the other. In such instances, the party publishing
the data will give due credit to the cooperation but assume full responsibility for any statements on
which there is a difference of opinion.
2. Government's Rights to Products Developed — The Government reserves the right to reproduce
and disseminate, for its own purposes, any product(s) resulting from this Agreement. These
products may include, but are not limited to, leaflets, booklets, video recordings, slide
presentations, or posters. The recipient agrees, for a period not to exceed three (3) years after the
completion date of this Agreement, to provide to the Government at its request and at no cost,
camera -ready copy of any printed material produced under this Agreement.
3. Acknowledgement of NPS and Commission Assistance:
(a) Publications financed with assistance funds should include the statement: "This publication
was funded in part by the U.S. Department of the Interior, National Park Service, Illinois and
Michigan Canal National Heritage Corridor Commission."
(b) Materials produced should include the I &M Canal National Heritage Corridor logo.
(c) At the initiation of the project, and upon completion of significant parts of the project, a press
release should be developed and distributed. The press release should include the statement:
"This project was funded in part through the Illinois & Michigan Canal National Heritage
Corridor Commission Partnership Project Fund."
C. Certifications — The following form(s) are incorporated into this Agreement by reference. These
certifications are required in accordance with the provisions of this Agreement:
1. DI -2010. U.S. Department of the Interior Certification Regarding Debarment, Suspension and
Other Responsibility Matters, Drug -Free Workplace Requirement and Lobbying.
2. Standard Form LLL, Disclosure of Lobbying Activities. (For Agreements over $100,000).
Article XII Attachments
A. Form SF424 — Application for Federal Assistance
B. For SF3881 — ACH Vendor/ Miscellaneous Payment Enrollment Form
C. DI -2010. U.S. Certification Regarding Debarment, Suspension and Other Responsibility Matters,
Drug -Free Workplace Requirement and Lobbying.
Article XIII. Authorizing Signatures
Agreed between the parties this ' day of Jy/ .
Contracting Officer
National Park Service
MODIFICATION # 1 TO
COOPERATIVE AGREEMENT H6285041119
BETWEEN
ILLINOIS & MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR COMMISSION
AND
Village of Lemont
The following articles are modified as follows:
Article III. Statement of Work
The tasks to be completed under this Modification consist of:
• Landscaping at Heritage Quarries Park in Lemont, IL
• Installation of Directional and Safety Signs
• Installation of Entrance Monument
Timeline for tasks to be completed under this Modification:
Design and Fabrication of Directional Signs July- August 2004
Installation of Signs and Landscaping September 2004
Budget for Federal Funds:
Federal Funds Cash Match In -Kind
Personnel $ 2,100.00
Landscaping $ 692.50 $ 692.50
Monument and Signs $ 8,376.31 $ 8,376.31
Accessory Items $ 3,439.50 $ 3,439.50
Total Project Cost: $ 21,116.62
TOTAL AMOUNT AWARDED IN THIS MODIFICATION: $ 12,508.31
Account Number 6285 -685
- Article IV. Term of Agreement
Term of this modification is from the date of signature until January 1, 2005
All other clauses remain unchanged and in effect.
Article VIII Reports and /or Deliverables
A. Reports shall be produced and submitted bi- monthly, starting 30 days from the execution of
this modification.
B. A Final Report is required within 30 days of the completion of the statement of work detailed
in this modification.
C. The Commission will provide the Village of Lemont with information concerning the
required format and contents of the Final Report and updated Key Contact information
within 120 days of the execution of this modification.
Article XL Special Provisions
A. The contribution of the I &M Canal National Heritage Corridor Commission must be
acknowledged in any printed material and publicity releases as it relates to the agreement.
B. A press release announcing this award must be prepared and submitted to the Local press.
Please send the Commission a copy of your press release.
C. The Village of Lemont must cooperate in public event(s) publicizing this agreement..
D. The Village of Lemont must consult with the Commission regarding the feasibility of
incorporating an acknowledgement of the Commission's assistance into the completed
installation.
E. Signs must comply with federal accessibility standards.
Article XIII. Authorizing Signatures
Agreed between the parties this /2i day of . eZco
Contracting Officer
National Park Service
Piazza, P - side
ge of Lemont