O-54-12 08-13-12VILLAGE OF LEMONT
ORDINANCE NO. J) -,5't �d2
An Ordinance Approving a Lease with Illinois Department of Natural Resources
ADOPTED BY THE
PRESIDENT AND THE BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 13th DAY OF August, 2012
Published in pamphlet form by
Authority of the President and
Board of Trustees of the Village of
Lemont, Counties of Cook, Will and
DuPage, Illinois, this 13th day of August, 2012.
ORDINANCE NO. 0- -12
An Ordinance Approving a Lease with Illinois Department of Natural Resources
WHEREAS, the Village of Lemont ( "Village ") is an Illinois Municipal Corporation
pursuant to the Illinois Constitution of 1970 and the Statutes of the State of Illinois; and
WHEREAS, Section 5/11- 76.1 -1 of the Illinois Municipal Code grants the power to
Illinois municipalities having a population of less than 500,000 inhabitants to lease real property
for public purposes; and
WHEREAS, the Village desires to enter into a lease with Illinois Department of Natural
Resources, for the purposes of providing bike and pedestrian trails adjacent to the I &M Canal.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COOK, DUPAGE AND WILL
COUNTIES, ILLINOIS, pursuant to its statutory powers under Section 65 ILCS 5/11 -76.1-
1 of the Illinois Municipal Code, as follows:
Section 1. The foregoing findings and recitals are herby adopted as Section 1 of this
Ordinance and are incorporated by reference as if set forth verbatim herein.
Section 2. The Village President is hereby authorized and directed to execute the
lease attached hereto as Exhibit A by and between the Village of Lemont and Illinois Department
of Natural Resources for a public bike and pedestrian path.
Section 3. This Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as required by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE,
ILLINOIS, on this 13w day of August, 2012.
PRESIDENT AND VILLAGE BOARD MEMBERS:
Rick Sniegowski
Jeanette Virgilio
AYES: NAYS: ABSENT: ABSTAIN
Debby Blatzer
V
Paul Chialdikas
Clifford Miklos
Ron Stapleton
— V
Rick Sniegowski
Jeanette Virgilio
President
ATTEST:
CHARLENE M. SMOLLEN
Village Clerk
Agreement Number: 5431
Site Name: I & M Canal
Location Code: 50- 3021 -2
STATE OF ILLINOIS
DEPARTMENT OF NATURAL R
LEASE AGREEMENT
THIS AGREEMENT is entered into the day of
20_, by and
between the STATE OF ILLINOIS, DEPARTMENT OF NATURAL RESOURCES, hereinafter
referred to as "IDW', and VILLAGE OF LEMONT, hereinafter referred to as "LESSEE';
and
WITNESSETH:
WHEREAS, IDNR has title and jurisdiction over the real estate hereinafter described;
WHEREAS, the premises in not otherwise needed immediately or in the neat•' or'
foreseeable future by IDNR or development by IDNR; and
WHEREAS, IDNR is authorized and empowered to enter into this Agreement pursuaftt.to ! '
the Department of Natural Resources Law, 20 ILCS 805/805 -260; and
WHEREAS, LESSEE is authorized and empowered to enter into this Agreement and to'
perform the covenants herein undertaken by virtue of this signature authorization attached hereto
as Exhibit A; and
NOW THEREFORE:
1. PREMISES DEFINED: For and in consideration of the mutual covenants and undertakings
contained herein, the sufficiency of which is hereby acknowledged, IDNR grants to LESSEE a
license to do the particular acts stated I Paragraph 5 below on the property owned by the State of
Illinois known as I & M Canal, shown on the attached Exhibit B (hereinafter "Premises'), and
legally described as follows:
Two tracts of land consisting of portions of the entire Right and Left Reserves of the Illinois and
Michigan Canal, being described more particularly as follows:
TRACT #1
A portion of the entire width of the Right (North) Reserve of the Illinois and Michigan Canal,
beginning at a line in said Right Reserve at the East boundary of the existing bridge crossing, said
line being opposite Canal Base Line Station 1233 +40; thence extending northeasterly to the
County Line of Cook County;
TRACT #2
A portion of the entire width of the Left (South) Reserve of the Illinois and Michigan Canal,
beginning at a line in said Left Reserve at the East boundary of the existing bridge crossing, said
line being opposite Canal Base Line Station 1233 +40; thence extending northeasterly to the
County Line of Cook County;
All located in the NE %4 of Section 25, T -37 -N, R -1 0 -E of the Third Principal Meridian, DuPage
Township, Will County, Illinois.
It is understood and agreed that IDNR makes no representations with respect to the
condition of the title or boundaries of the Premises, and shall not be held liable for any damages
or liabilities resulting from any actions or adverse claims concerning the same. It : ia, ifurther
agreed that licensed activities authorized herein shall not be carried on outside the boundaries of
the Premises without the prior written consent of IDNR.
2. TERM: The term of this Agreement shall be for a period of five (5) years, beginning! oi 'theilat
day of October, 2012, ( "effective date') and ending on the 30th day of September±; 201,7;
( "expiration date ") unless otherwise renewed, terminated or amended as provided forherein:
3. FEE: In consideration of the recreational opportunities to be derived by the People of Illinois -and the
mutual benefits accruing to each party under this Agreement, LESSEE shall not be charged a lease fee for
the use of the PREMISES authorized herein.
4. PURPOSE: IDNR gives LESSEE permission to use and occupy the Premises for operation
and management of a pedestrian and bicycle trail only, and such use shall be subject to the
additional terms and conditions set forth in this Agreement. Any uses of the Premises not
specified in this agreement shall be subject to the prior written approval of IDNR. An
unauthorized or impermissible use of the Premises under this Section is a material breach of this
Agreement, and may result in termination pursuant to Section 15(B) herein.
5. RESTRICTIONS ON USE: LESSEE shall not remove any coal or any other material or oil
lying on or under the Premises.
It is agreed that the Premises shall not be used for the storage, disposition, disposal,
processing or burning of refuse, waste or debris, or for any unsanitary or unhealthful purposes by
LESSEE. LESSEE shall conduct its operation on the Premises in compliance with all
applicable Environmental Laws (as hereinafter defined) and further covenants that
LESSEE shall not transport, store, keep or cause or allow the discharge, spill or release
(or allow a threatened release) in each case of any Hazardous Materials (as hereinafter
defined) in, on, under or from the Premises. Without limiting any other indemnification
obligations of LESSEE contained herein, LESSEE agrees to protect, indemnify, defend
and hold harmless the IDNR from and against any and all losses and claims (including
without limitation, (i) reasonable attorneys' fees, (ii) liability to third parties for toxic
torts and/or personal injury claims, (iii) fines, penalties and/or assessments levied or
raised by any governmental authority or court, and (iv) assessment, remediation and
mitigation costs and expenses and natural resource damage claims) arising out of,
resulting from or connected with any 'Hazardous Materials used, brought upon
transported, stored, kept, discharged, spilled or released by LESSEE in, on, under or from
the Premises. For purposes of this License, the term "Hazardous Materials ", shall mean
all toxic or hazardous substances, materials or waste, petroleum or petroleum products,
petroleum additive's or constituents or any other waste, contaminant or pollutant regulated
under for which liability may be imposed by any Environmental Law, "Environmental
Laws" shall mean all federal, provincial, state and local environmental laws (including
common law) regulating or imposing standards of care with respect to the handling,
storage, use, emitting, discharge, disposal or other release of Hazardous Materials,
including, but not limited to, the Resource Conservation and Recovery Act of 1976, 42
U.S.C. §§ 6901 et seq., the Clean Air Act, 42 U.S.C. § §7401, et seq., the Federal Water
Pollution Control Act, 33 U.S.C. §§ 1251, et seq., the Emergency Planning and
Community Right to Know Act, 42 U.S.C. §§ 1101, et seq., the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601 et
seq., the Toxic Substances Control Act, 15 U.S.C. §§ 2601, et seq., the Oil Pollution
Control Act, 33 U.S.C. §§ 2701, et seq., any successor statutes to the foregoing, or any
other comparable local, state or federal statute or ordinance pertaining to protection of
human health, the environment or natural resources, including without limitation the
preservation of wetlands, and all regulations pertaining thereto, as well as applicable
judicial or administrative decrees, orders or decisions, authorizations or permits.
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6. COMPLIANCE WITH LAWS: It is agreed that LESSEE, in the authorized use of
the Premises, shall observe and comply with all applicable local, state or Federal rules,
regulations and laws, and indemnify IDNR for any costs, expenses and damage caused by
the violation of any such rules, regulations or laws. Nothing herein shall be construed to
place responsibility for compliance with applicable law on IDNR. LESSEE shall bear all
costs and fees and responsibility to comply with all applicable laws, ordinances, rules and
regulations that may govern the proposed or authorized use of the Premises.
7. PROHIBITION ON ENCUMBRANCE: LESSEE shall not allow or permit right,
authority or power to place, incur or permit any lien, encumbrance or mortgage upon the
Premises. LESSEE shall not record a copy of this or any subsequent Agreement with the
IDNR involving the Premises. If any license, lien, encumbrance or mortgage is placed on
the premises as a result of LESSEE's activity, LESSEE shall immediately take all actions
and,: pay: alj.:costs or. fees -to� have: the, lien, encumbrance or mortgage remove& land
8. MODIFYING THE PREMISES:; LESSEE shall not modify. or alter the Premises.. or..
it any improvement located:on,the Pftmsises without the prior written approval of-IDNR. If .. .
-LESSEEvt+ishes to make alterations and/or modifications to the Premises, LESSEE shall i
contact the IDNR Office of Realty and Environmental 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, the
consultation, mitigation and compensation provisions of the Interagency Wetland Policy
Act of 1989, 20 ILCS 830/1 -1 et seq., and the Illinois State Historic Resources
Preservation Act, 20 ILCS 3420/1 et seq.
9. RESERVED RIGHTS: IDNR reserves the right of ingress, egress and usage of the
Premises, and the right to grant any third party a lease, license or right -of -way on the
Premises.
IDNR reserves the right to require LESSEE to remove, relocate or modify any structure,
equipment, activity or facility upon, under or across the Premises at LESSEE's expense if
IDNR determines that such actions are appropriate and necessary to preserve the
integrity, character and function or use of the Premises by IDNR.
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IDNR shall have the right to enforce all terms and conditions of this Agreement.
Failure of IDNR to insist on the strict performance of any of the terms and conditions of
this Agreement shall not constitute a waiver or relinquishment of IDNR's right to enforce
any such term or condition at any time.
10. MAINTENANCE. ALTERATIONS AND OPERATION:
A. IDNR makes no representations, warranties or assurances with respect to
the condition of the Premises or any improvements situated thereon. It is agreed
that LESSEE has inspected the Premises prior to the execution of this Agreement
and accepts the same in its present condition.
B. This Agreement is considered "a net agreement." All operating costs will
be paid by LESSEE. LESSEE shall be responsible for the prompt payment of all
utility bills, including, but not limited to trash removal, electricity, gas, water and
:,_sexterr telephone, cable televisi on; andiintemet•sernice famished or supplied to all .:i-
drAriy. part of the Premises.
:. :. ....0 , ,. LESSEE acknowledges Rhat it has inspected the Premises for transmission ..
., •qf ,utilities i and all °.othbrr:li*es i runr,ing' within the Premises; including but not , u,
..limited to oil; gas, electricity; water •or sewer, and is accepting liability for •a is
'LICENSEE'S harm:to such transmissions. - running within, across or above the
Premises. IDNR makes no representation or warranty as to the condition of prior
or existing use of said transmissions. During any trench or other installation or
relocation of any underground utility line, LESSEE shall install marking tape at
least twelve (12) inches above and directly over the utility and not more than
twenty -four (24) inches below normal grade. Said tape shall be identified by
permanent lettering and color coding as follows: Red - electric power; Yellow -
gas, oil, hazardous materials; Orange - telecommunications, signals; Blue - water;
and Green — sewer. Such markers, except as otherwise agreed or specified herein,
shall meet applicable standards of the American Public Works Association.
D. LESSEE shall keep Premises in a safe, sanitary and sightly condition, and
in good repair. LESSEE shall maintain the premises and repair and pay for any
damages caused by the LESSEE or their customers, invitees, agents or guests. If
LESSEE fails to perform any maintenance function required by IDNR within ten
U
days after notice to do so, IDNR shall have the right to enter upon the Premises
and perform the maintenance necessary to restore the Premises and LESSEE shall
reimburse IDNR for the cost thereof.
E. Requests for LESSEE improvements within or for the benefit of the
space(s) allocated to LESSEE shall be submitted to IDNR for approval in a timely
manner. Payment of LESSEE improvements shall solely be paid for by the
LESSEE and subject to the reasonable direction and approval of IDNR.
F. Except when any maintenance or repairs are necessitated by LESSEE
activities, IDNR shall provide necessary maintenance and repairs to HVAC,
plumbing, foundation, roofing, or other structural elements.
G. Any maintenance activities of LESSEE, including all excavation or
vegetation management activities, shall be preceded by written notice to IDNR
pursuant to:Section.23 hereit and > shall:: be done! in amanner.which complimwith _,...
any special concerns of IDNR. .Such concerns may include, but are not limited to,
requiring the scheduling, of such tuctiWtiesl10 be, compatible with anticipated ,
, a activities of IDNR or its:;invitees�onelicensees; and! restricting -the seasons;:. types,
I extent and methods of vegetationmcontrol employedby LESSEE
11. TAXES: If applicable; upon notice to LESSEEof thesamount(s) due, LESSEE shall
timely pay and discharge LESSEE's proportionate share of any real estate taxes,
assessments, and other governmental charges which may be levied or assessed upon the
Premises or this Agreement or any part thereof, and any taxes and licenses growing out of
or in connection with LESSEE's operation of its facilities upon the Premises during the
term of this Agreement with respect to any tax year, or any portion thereof. LESSEE
shall, at any time upon request of IDNR, provide to IDNR for examination receipts of
payments of all such taxes, assessments and charges.
12. PUBLIC SAFETY: IDNR may determine that a particular use of the Premise by
LESSEE is, or will be, hazardous to the public or the property, or is incompatible with
IDNR purposes or State ownership of the Premises. Pursuant to written notice from
IDNR, LESSEE, at its own expense, may be required to install safety devices, make
modifications, or cease LESSEE's operation to render the Premises safe for, and
compatible with, public use.
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13. INSURANCE: LESSEE shall, at all times during the term and any renewals,
maintain and provide a Certificate of Insurance naming the State as additional insured for
all required bonds and insurance. Certificates may not be modified or canceled until at
least 30 days notice has been provided to the State. LESSEE shall provide: (a) General
Commercial Liability- occurrence form in amount of $1,000,000 per occurrence
(Combined Single Limit Bodily Injury and Property Damage) and $2,000,000 Annual
Aggregate; (b) Auto Liability, including Hired Auto and Non -owned Auto, (Combined
Single Limit Bodily Injury and Property Damage) in amount of $1,000,000 per
occurrence; and (c) Worker's Compensation Insurance in amount required by law.
Insurance shall not limit LESSEE's obligation to indemnify, defend, or settle any claims.
14. INDEMNIFICATION: LESSEE agrees to assume all risk of loss and to indemnify
and hold IDNR, its officers, agents, employees harmless from and against any and all
._:. :.. liabilities,. demands, •expenses, losses;rrclaims,,wdainageer;:;a abilitiesl: settlements. atld s.
judgments,. including. costs,; attorneys' i£ees;and.eipenses incident thereto, for injurids,.to ! .
persons.and for loss -of, damage. to.or.destructidmofpioperty due, to LESSEE'S use and _.
a4z t,n� occupation: of the Premises.,&d. for th'e, negligent or:!intentional acts and omissionsjof -
LESSFE?s2 its officers, agents; guests,and invitees t
15. TERMINATION: IDNR shall have the right to terminate thi&Agreement at anytime
pursuant to this Section.
(A) IDNR shall have the right to terminate this Agreement at any time if it
determines the Premises shall be used for public purposes incompatible with
this Agreement. In such an event, IDNR shall give LESSEE ninety days'
written notice of its intent to terminate this Agreement. LESSEE 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 pursuant to this subsection, LESSEE shall not be
liable for any further payments beyond the date of vacating the Premises.
(B) IDNR shall have the right to terminate this Agreement if LESSEE breaches
any covenant, term or condition set forth in this Agreement, is in default in
payment of any sum required, or in the event of LESSEE's bankruptcy or
receivership. In such an event, IDNR shall give LESSEE written notification
7
of such breach or default, and LESSEE shall have thirty days to cure the
same. If LESSEE fails to cure or remedy the breach or default within said
period of time, IDNR shall have the right to terminate this Agreement. Upon
such an occurrence, LESSEE shall surrender the Premises to IDNR as though
the Agreement had expired at the end of its term, and restore the Premises in
accordance with the provisions of Section 11 herein. If this Agreement is
terminated as a result of LESSEE's breach or default, LESSE shall remain
liable for all lease payments required by this Agreement until such time as
IDNR re -lets the Premises to an acceptable party. If IDNR is unable to re -let
the Premises for the amount agreed upon herein, LESSEE shall remain liable
for the difference between the amount agreed upon herein and the amount
paid by new lessee.
..? i� c , :c• ,-� .•(C)!::.IDNR and LESSEE:shal 1, haveAhe. riright::toltemiinate. :this - Agreement. prior. to ::•:�'.;: �..
the.! expiration date:.by,,;giving sixty :•.days' < ,advance . written. notice in
.,,,accordance with-Section, 16 herein: ., o;._;
16N ACAUNGTHEPREMISE. S:. Unlessrenewabis, ar- angeday..ithinsixtydaysprior•to ?. .
the expiration of this Agreement' LESSEE, immediately upon:•such expiration, or upon
-: termination, shall vacate the Premises and remove all property to which LESSEE holds
title, except any property permanently attached to the Premises. Should LESSEE fail to
remove or dispose of LESSEE's property, IDNR will consider such property abandoned,
and may claim title to such property or dispose of same at LESSEE's expense.
17. RESTORATION OF PREMISES: Upon the termination or expiration of this
Agreement, LESSEE shall surrender the Premises to IDNR in as good condition as when
LESSEE originally took possession, ordinary wear and tear excepted. IDNR reserves the
right to require LESSEE to make such repairs and restorations as it may deem necessary.
If LESSEE fails to restore the Premises to IDNR satisfaction, IDNR may restore and
require LESSEE to pay the cost of such restoration.
18. RENEWAL AND RATE ADJUSTMENT: This Agreement may be renewed at the
end of its term with written consent and approval of all parties hereto. LESSEE shall
give IDNR sixty (60) days advance notice of its intention to renew. IDNR reserves the
right to adjust rental rates on any renewal or extension to reflect current land values
and/or conditions and circumstances. No holding over by LESSEE or month -to -month
agreements shall be permitted. If the Premises is not properly vacated as provided herein,
LESSEE shall be considered a trespasser, and appropriate legal action may be taken.
19. AMENDMENTS: This Agreement constitutes the entire agreement between the
parties, and no warranties, inducements, considerations, promises or other inferences
shall be implied or impressed upon this Agreement that are not otherwise set forth herein.
No change, modification or amendment shall be valid and binding unless set forth in
writing and signed by all parties.
20. ASSIGNMENT: SUBLICENSING: LESSEE shall not assign this Agreement, or
allow it to be assigned, in whole or in part, by operation of law or otherwise, or mortgage
or pledge the same, or sublet the Premises, or any part thereof, without the prior written
consent of IDNR, which may be withheld for any reason or for no reason, and in no event
'shall, any such. assignment -or sublicense:. ever release LESSEE afrom:.any obligation, .or
-liability hereunder:: ,
u ^;: • No assignee or sublicense holder of the: Premises or.: any portion thereof may
r aij;r. r _ 'assign or sublfcense•the Mmiscs or!a#y pdrtioti:thereof::IDNR. snot- rcequired! to collect
y :r. _, any, license fees or other payments .from any .party: other than, LESSEE; however, any
u - collection by IDNR from any approved assignee or sublicense holder or any other party
on behalf of LESSEE's account is not construed to constitute a novation or a release of
LESSEE from further performance of its obligations under this Agreement.
21. SUPERSESSION: This Agreement supersedes all previous agreements between the
parties hereto regarding the Premises and the subject matter hereof, and any such
previous agreements shall be of no further force or effect, relative to the rights or
privileges granted by IDNR therein, as of the effective date.
22. APPLICABILITY AND SEVERABILITY: IDNR and LESSEE mutually
acknowledge that various standard provisions of this Agreement may or may not be
pertinent to the proposed purpose, and that each such provision shall be interpreted as it
reason ably pertains to the Premises. Should any provision of this Agreement be found
illegal, invalid or void by a court of competent jurisdiction, said provision shall be
considered severable. The remaining provisions shall not be impaired and the Agreement
shall be interpreted to the extent possible to give effect to the parties' intent.
0
23. NOTIFICATIONS: All notices required or provided for by this Agreement shall be
addressed as follows, unless otherwise provided for herein:
IDNR: LESSEE:
Department of Natural Resources
Village of Lemont
Div. of Concession & Lease Management
One Natural Resources Way
418 Main Street
Springfield, Illinois 62702 -1271
Lemont, IL. 60439
Telephone: 217/782 -7940
Telephone: 630 -257 -1590
Emergency Contact:
Emergency Contact:
Location:
Location:
Telephone:
Telephone:
24. FISCAL FUNDING: Financial obligations of IDNR shall cease immediately and
without penalty or liability for damages if in any fiscal year the Illinois General
Assembly, Federal funding source, or other funding source fails to appropriate or
. - otherwise make available funds for;ahe operation ofi:the:,Ptemises:, ,.In:,'such::everit5cthe
patties':hereto may agree to suspend the operation an&bffeetiveness:ofthis Agreement
ti until such time as said funds become.available. .
.: 2S,r• WAIVER: The waiver by IDNR? of any terin;,covenant:or;cohdition ;herein cont9irk
shall. not be deemed to be a waiver; of .any,:other term, - covenantor :condition nor, shall
:either party's consent to any breach of any term,icovenant or condition °be deemed to
constitute or imply its consent to any subsequent breach of the same or other term,
covenant or condition herein contained.
26. CERTIFICATIONS: The Certifications attached hereto as Exhibit C are
incorporated herein by reference. LESSEE agrees to at all times observe, perform and
abide by these certifications, if applicable.
[to]
Agreement Number: 5431
Site Name: I & M Canal
Location Code: 50- 3021 -2
IN WITNESS WHEREOF, the foregoing Agreement is hereby executed this day
of 20_.
LESSEE:
STATE OF ILLINOIS:
Village of Lemont DEPARTMENT OF NATURAL RESOURCES
BY:
t�,PPROVhD:DLRECTOR, IDNR
Title: Director.
Title: V t k\o q {erg �: n+
SSN or FEIN No.
Date
By: Todd Rettig, Acting Director
Office of Realty and Environmental
Planning
M
11
Agreement Number: 5431
Site Name: I & M Canal
Location Code: 50- 3021 -2
EXHIBIT A
SIGNATURE AUTHORIZATION
As an official agent of Village of Lemont,
(Lessee or Licensee - Company / Corporation / Municipality)
I certify that'jr ton K. ReAV 2C is an authorized
(Name of executive of official who.will sign the agreement)
representative of. said organization, and is legally empowered to act on. its behalf- -in,:d
executing this agreement.
(P&sori'afrmiiing signature authority of
above.official;.must not be the same
individual)
Title: !� L
Date: �?/3J /�-
12
EXHIBIT B
ILLINOIS
z *�4 DEPARTMENT OF
NATURAL RESOURCES
524 South Second Street, Springfield 62701 -1787 r.. Jim Edgar, Governor* Brent Manning, Director
RI 'IEP
CANAL
.. strip
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�V1r / *•dr...
6 �. /• �• {� /I•• /
to
/ //�
0 400
IN CASE OF CONFLICTS BETWEEN THIS PLAT
SCALE AND THE LEGAL DESCRIPTION OF THE
PREMISES G1VIN WITHIN THIS AGREEMENT,
�nr+nwn �..arvrewl •nrl.n .Nhl. nnnwl THE DESCRIPTION SHALL GOVERN.
Exhibit C
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 oertifies 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 shag 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 Stale by the date speclfad 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 to perfoYmance under this 'bontract.
3: Vendor certifies it is not in default on an educational loan (5 ILCS 365/3). This applies to individuals, sole proprietorships; partnerships and
individuals as members of -I-Cs.
4. Vendor (if an individual; sole proprietor, partner or an individual as member, of a LLC) certifies it has dot received am(i) 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 5/16. 133.3, or (ii) an early
retirement incentive on or after 2002 under Section 14.1083 or 16 -133.3 of the Illinois Pension Code, 40 ILCS 5/14 -108.3 and 40 ILCS 5/164133;(30
ILCS 105115a).
5. Vendor certifies it is a property formed and existing legal entity (30 ILCS 500/1.15.80, 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 [hat will be performed under
this contract (30 ILCS 500/25 -80). This does not apply to healing, 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 Slate,
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 500150.10).
9. If Vendor, or any officer, director, partner, or other managerial agent of Vendor, has been convicted of a felony under the Sarba nes -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 dale 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 500150. 10.5).
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10. Vendor certifies it is not barred from having a contract with the Slate 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 500150- 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 properly into the State of
Illinois in accordance with provisions of the Illinois Use Tax Act (30 ILCS 500150-12) 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 wilful 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 -36).
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 Stale (30 ILCS 500150 -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 Slates, unless the executive head of the procuring agency grants,amexceplion (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 onpl this contract is worth more than $5000, Vendor shall not engage in the unlawful,manufacture, diatribution,
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 of shall participate in an international 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 5133 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 2512).
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 Illlnols Procurement Code (30 ILCS 500150 -14.5) that states: 'Owners of
residential buildings who have committed a willful 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 [hat procurement may result in a contract valued at
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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.usfiitaa. (301LCS 587)
29. Vendor certifies that it has read, understands, and is in compliance with the registration requirements of the Elections Code (101LCS 5/9-
35) and the restrictions on making political contributions and related requirements of the Illinois Procurement Code (30 ILLS 50W D -160 and 5037).
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:
❑ 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)
Printed Name
Address
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