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R-1209 - 10/23/2012 - GRANTS - Resolutions RESOLUTION 2012-AG-GR-PW-EX-R-1209 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR GRANT FUNDING RELATED TO HIGH EFFICIENCY LIGHTING WHEREAS, the Illinois Department of Commerce and Economic Opportunity ("DCEO") is a public agency of the State that is authorized by the Public Utilities Act, 220 ILCS 5/8-103 et seq., to administer a portion of the Illinois Energy Efficiency Portfolio; and WHEREAS, DCEO administers the Public Sector Energy Efficiency Program, through which it awards grants to local governments, to help meet the State's incremental annual energy savings goals; and WHEREAS, DCEO has pre-approved the Village of Oak Park ("Village") for a rebate grant to reimburse the Village for a portion of the cost of replacing parking lot lights in the Butler Government Center Parking Lot, located at 1200 Oak Brook Road, Oak Brook, Illinois, with high-efficiency luminaires ("Grant"); and WHEREAS, in order to receive the Grant, the Village must enter into an agreement with DCEO, attached hereto as Exhibit A, that sets forth terms and conditions of payment("Agreement'); and WHEREAS, the President and Board of Trustees, being fully advised in the premises, have determined that it is in the best interests of the Village and its residents to approve and authorize the execution of the Agreement; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Approval of Agreement. The President and Board of Trustees hereby approve the Agreement with DCEO in substantially the same form as attached as Exhibit A, and in final form approved by the Village Attorney. Section 3: Execution of Agreements. The Village President and the Village Clerk shall be, and are hereby, authorized to execute the final Agreement on behalf of the Village. Section 4: Effective Date. This Resolution shall be in full force and effect from and after its passage by the Trustees and its approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS) Resolution 2012-AG-GR-PW-EX-R-1209 Authorizing Execution of Agreement for Grant Funding Page 2 of 3 APPROVED THIS 23d day of October, 2012 Gopal G. Lalmalani Village President PASSED THIS 23d day of October, 2012. Ayes: Trustees Aktipis, Manzo, Moy, Wolin and Zannis Nays: None Absent: None Abstain: Trustee Yusuf ATTEST: `' ­5Z Charlotte K. Pruss hbr�Z. Village Clerk C�`i�L y • Y Resolution 2012-AG-GR-PW-EX-R-1209 Authorizing Execution of Agreement for Grant Funding Page 3 of 3 EXHIBIT A Illinois rN rTa ' Department of Commerce &Economic Opportunity a Pat Quinn,Governor STATE OF ILLINOIS DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY REBATE AGREEMENT # /9 Whereas, the Illinois Department of Commerce and Economic Opportunity (Department) is a public agency of the State,as defined under the Act, and is authorized under the Energy Conservation and Coal Development Act,20 ILCS 1105/3 et seq.,as amended and supplemented,to administer on behalf of the State any energy programs and activities under federal law, regulations or guidelines, and is specifically authorized under the Public Utilities Act, 220 ILCS 5/8-103 et seq., as amended and supplemented ("Public Utilities Act") to administer a portion of the Illinois Energy Efficiency Portfolio ("EEP");and Whereas, the EEP sets certain statutory requirements to meet incremental annual energy savings goals, procure a minimum percent of the portfolio from local government, schools, and community colleges,and target low income households proportionate to their share of annual utility revenues;and Whereas, Village of Oak Brook (Entity) has submitted an application that has been reviewed and was found to meet all the necessary requirements set forth in the Department's Public Sector Energy Efficiency Program Guidelines and Application;and Whereas, the Department is in receipt of Entity's Public Sector Energy Efficiency Program (PSEEP) application/notice of intent to install a qualifying energy efficient project that produces electricity and/or natural gas savings through efficiency improvements in buildings, equipment, or process; THEREFORE, the Parties enter into this Rebate Agreement (Agreement) to set forth their respective responsibilities relative to the rebate described herein, and hereby agree as follows: 1. Requirements The Entity agrees to comply with all Illinois,federal laws and administrative rules applicable to the provision of services under this contract. The Entity will provide the following services to the Department: A. Complete the project tasks and meet the applicable specifications as outlined in the PSEEP Application,attached hereto as Attachment A. B. Allow the Department to verify compliance with the performance under the provisions of this Rebate Agreement,and grant permission to person or institutions to release information requested by the Department. C. Provide any additional documentation as requested by the Department. D. The Entity must submit a status report within 90 days from the date of this Rebate Agreement that delineates the completeness of the project tasks as outlined in the application. No status report will be necessary if the Entity has submitted the payment request/certification form pursuant to Section 4 of this Rebate Agreement. The Department agrees to reserve funds necessary to make the payment pursuant to Section 4 of this Rebate Agreement for the term specified below. The payment will be made once the Department is satisfied that the project tasks in the attached application have been completed, and that all documentation required by this Agreement has been submitted and approved by the Department. 2. Commitments The Entity agrees that all warranties and representations made by the Entity in the application and this Rebate Agreement are true, accurate and complete for the term of the Agreement, and that should any warranty or representation prove to have been incorrect when made in any material respect it will constitute a default of this Rebate Agreement. 3. Term. The term of this Agreement shall begin on July 1, 2012, and shall terminate on or before May 31, 2013. As authorized under the Public Utilities Act, eligible prior incurred costs that advance efficiency measures as indicated on the pre-application are payable under the terms of this agreement. 4. Payment The amount of the rebate for services shall not exceed$50,000. To receive payment, the Entity must be approved by the Department and submit final documentation by May 15. 2013. Examples of the final documentation, including the payment request, final. application, and certification forms are attached hereto as Attachment B. Obligations of the Department under this Agreement will cease immediately without penalty of further payment being required if in any fiscal year sufficient funding is not available to implement the EEP pursuant to the Public Utilities Act. 5. Grant Funds Recovery Act(30 ILCS 705/1,et seq.) This Agreement is subject to all applicable provisions of the Illinois Grant Funds Recovery Act, including the requirement that any Grant Funds not expended or legally obligated at the expiration or termination of the Grant term must be returned to the Department within 45 days following said expiration or termination. Notwithstanding any provision specified elsewhere in this Agreement regarding the treatment of interest earned on the Grant Funds, any interest earned on Grant Funds that is not expended or legally obligated during the Grant term must also be returned to the Department within 45 days following the expiration or termination of this Agreement. This Agreement and all books, records and supporting documents related hereto shall be available for inspection and audit by the Department, the Office of Inspector General, the Auditor General of the State of Illinois, the Illinois Attorney General or any of their duly authorized representative(s), and the Grantee agrees to fully cooperate with any audit performed by the Auditor General or the Department. Grantee agrees to provide full access to all relevant materials and to provide copies of same upon request. Failure to maintain books, records and supporting documents required by this Agreement shall establish a presumption in favor of the Department for the recovery of any Grant Funds paid by the Department under this Agreement for which adequate books, records and supporting documentation are not available to support their purported disbursement or expenditure. Agreements in excess of $25,000 require, at a minimum, the filing of quarterly reports describing the progress of the program, project, or use and the expenditure of the grant funds related thereto. 6. Notices Any notice, demand,or communication required or permitted.to be given hereunder shall be given in writing at the addresses set forth in this section by any of the following means: (a) personal service, (b) electronic communication, (whether by email illinoi,s.eneiM,Ca)illi.nois.eov or fax 217/785-2618), (c)overnight courier, or(d) registered or certified first class mail, postage prepaid, return receipt requested. Any document submitted pursuant to this Agreement must contain original signatures. The Parties, by notice given hereunder, may designate any further or different addresses to which subsequent notices, demands or communications shall be given. To Department: To Entity: Illinois Department of Commerce Village of Oak Brook and Economic Opportunity 1200 OAK BROOK RD 500 East Monroe St. OAK BROOK, IL 60523-2203 Springfield, Illinois 62701 Attn: Rajiv Narielwala Attn.Michael Hullihan 7. Entire Agreement This Agreement constitutes the entire agreement between the Parties and shall supersede any and all prior agreements regarding the subject matter hereof. 8. Applicable Law and Severability This Agreement shall be governed by the laws of the State. If any provision of this Agreement shall be held or deemed to be or shall in fact be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all cases because it conflicts with any other provision or provisions hereof or any constitution, statute, ordinance, rule of law or public policy, or for any reason, such circumstance shall not have the effect of rendering any other provision or provisions contained herein invalid, inoperative or unenforceable to any extent whatsoever. The invalidity of any one or more phrases, sentences, clauses, or sections contained in this Agreement shall not affect the remaining portions of this Agreement or any part thereof. 9. Drug Free Workplace The Entity certifies that: A) It is a Corporation,Partnership,or other entity(other than an individual)with 24 or fewer employees at the time of execution of this Agreement. B) That the purpose of this grant is to fund solid waste reduction. C) It is a Corporation,Partnership,or other entity(other than an individual)with 25 or more employees at the time of execution of this Agreement,or D) That it is an individual. If Option "A" or "B" is checked this Agreement is not subject to the requirements of the Act. If Option "C" or "D" is checked and the amount of this rebate is five thousand dollars ($5,000.00) or more, the Entity is notified that the Drugfree Workplace Act (30 ILCS 580/1 et seq.) is applicable to this Agreement, and the Entity must comply with the terms of said Act. If the Entity is an individual, it certifies that it will not engage in tale unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of this Agreement. WHEREFORE, the Parties hereby execute this Rebate Agreement by their authorized representatives. Entity's execution of this Agreement shall serve as its certification under oath that Entity has read, understands and agrees to all provisions of this Agreement and that the information contained in the Agreement is true and correct to the best of his/her knowledge, information and belief and that the Entity shall be bound by the same. Entity acknowledges that the individual executing this Agreement is authorized to act on the Entity's behalf. Entity further acknowledges that the award of Grant Funds under this Agreement is conditioned upon the above certification. DEPARTMENT OF COMMERCE Village Oak Brook AND ECONOMIC OPPORTUNITY By: By: David Vaught,Director Authorized Signatory Gopal G. Lalmalani Date Printed Name Village President Title October 23, 2012 Date TIN Certification Under penalties of perjury, the undersigned certifies on behalf of the Entity that the name and taxpayer information number and legal status listed below are correct: Name: Village of Oak Brook Taxpayer Identification Number: SSN%FEIN: 36-6009534 Legal Status: Individual Estate or Trust Sole Proprietor Pharmacy-Non-corporate Partnership/Legal Corporation Nonresident Alien _Corporation _ Pharmacy/Funeral Home/Cemetery Corp —Not For Profit Corporation Tax Exempt _Medical Corporation Governmental Limited Liability Company (select applicable tax classification) XC–Corporation —P–Partnership —D–Disregarded Entity Approv by: ignature) / Tinted Name) Title �!//`��✓>. r r/ /6ri�/ -ir�rpc .Cc �i. Date: A®' Z