R-1209 - 10/23/2012 - GRANTS - Resolutions Supporting Documents ITEM 10.H.2.R)
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AGENDA ITEM
Regular Board of Trustees Meeting
Of
October 23, 2012
SUBJECT: Energy Grants & Energy Savings
FROM: Michael Hullihan, P.E., Public Works Director
Darren Martens, Building Maintenance Technician
BUDGET SOURCE/BUDGET IMPACT: Program 421 Structural Improvements $34,911-
$21,659=$13,252 (Grant$ 21,659)
RECOMMENDED MOTION:
1) I move that the Village Board authorize the execution of a grant agreement with the
Illinois Department of Commerce and Economic Opportunity (DCEO) for
installation of high efficiency lighting in the amount of$21,659.
2) 1 move that the Village Board waive competitive bidding and authorize staff to issue
a purchase order to Twin Supplies, Oak Brook, Illinois, in the amount of $34,911
for the purchase of high efficiency lighting for the Butler Government Center
parking lot.
Background/History:
The staff has applied for grants from the Illinois Department of Commerce and Economic
Opportunity (DCEO) for energy efficiency initiatives. The attached memorandum and grant
materials detail the project features. The energy initiative covered by this grant is the
replacement of parking lot lights with high efficiency luminaires. In addition to the base grant,
there is an additional incentive of$3,032 should the project be complete by February 14, 2013.
While competitive bidding was not performed for this project, comparative pricing was
performed and Twin Supplies of Oak Brook had lower materials prices than the State of Illinois
joint procurement bid and our normal electrical service provider. Additionally, Twin Supplies
assisted in the scoping of the project and preparation of grant applications. It is unlikely that
competitive bidding would produce a competent contractor at a lower cost. As the grant monies
must be expended by February 14, 2013 the staff recommends expeditious action on this item.
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Recommendation:
That the Village Board waive competitive bidding and authorize staff to issue a purchase order to
Twin Supplies of Oak Brook, Illinois, in the amount of $34,911 for the purchase of high
efficiency parking lot lighting and authorize execution of a grant agreement with DCEO for
$21,659 for the project.
Last saved by rserence J:\WORDDOC\AWARDS\2012 Awards\2012 DCEO Grant for parking lot lighting.doc
Illinois
Department of Commerce
& Economic Opportunity
= Pat Quinn,Governor
Notice to Proceed
September 10,2012
Mr. Michael Hullihan, Village Engineer
Village of Oak Brook
1200 OAK BROOK RD
OAK BROOK, IL 60523-2203
RE: Application 4961 Village of Oak Brook
Dear Mr.Hullihan:
The Department is in receipt of your Public Sector Energy Efficiency Pre-Approval application to improve energy
efficiency. Your application has been reviewed and was found to meet all the necessary requirements to proceed
with the proposed project. Please refer to Application#4961 for all correspondence regarding this project.
This letter will serve as your formal Notice to Proceed for this project. We have reserved funds for your project,
estimated to be$21,659.41 and they will be held until May 15,2013. Equipment installation must be completed and
all documentation must be submitted to the Department for final review and approval. It is your responsibility to
verify that all equipment meets the required specifications.
Please be advised that final documentation must include required 2012-2013 Year 5 documents (see
www.ilenergynow.org for the latest version). Final documentation must include all required forms as listed in
Application Checklist located in Public Sector Energy Efficiency Program 2012-2013 Guidelines,Appendix A, page
A-2. Your facility may be selected for a verification site visit.
Upon project completion,please indicate your agreement with these terms by completing the appropriate forms
included in the attached Rebate Agreement and return to my attention at Illinois Department of Commerce and
Economic Opportunity, Illinois Energy Office, 500 E. Monroe Street, Springfield, IL 62701.
If you have any questions or require any additional information,please feel free to contact me by telephone at
(217)785-2638 or by email at ra"v.narielwala(& llinois.gov.
,pKJ
Sincerely,
Rajiv Narielwala
Public Sector Energy Efficiency Program
www.ildceo.net
500 East Monroe 1 Off West Randolph Street,Suite 3-400 2309 West Main,Suite 118
Springfield,Illinois 62701-1643 Chicago,Illinois 60601-3219 Marion,Illinois 62959-1180
217/782-7500-TDD:800/785-60SS 3121814-7179-TDD:8001785-6055 6181997-4394•TDD:800/785-6055
Printed on Recycled and Recyclable Paper
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:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
x Illinois
hx X04 Department of Commerce
&Economic Opportunity
Pat Quinn,Governor
STATE OF ILLINOIS
DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
REBATE AGREEMENT # 19,�
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 terns 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
illitio s.eneiM,(�illinois. ov 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.
S. 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) e!'^ 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 the unlawful
manufacture, distribution, dispensation, possession, or use of a controlled substance in
the performance of this Agreement.
WIJEREI+ORE, 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 of O Brook
AND ECONOMIC OPPORTUNITY
By: By:
David Vaught,Director Authorized Signatory
Gopal G. Lalmalani
Date Printed Name
Village President
Title
October 23, 2012
Date