Current through Register Vol. 48, No. 38, September 20, 2024
a) Any property acquired or developed through
assistance from the Illinois Snowmobile Grant Program must be open to the
general public for snowmobile use during periods of specified snow conditions
as agreed upon by the Department and local project sponsor. Property acquired
or developed with program assistance may not be converted from snowmobile use
without prior Department approval. Approval for property conversion will only
be granted upon the local project sponsor substituting replacement property
equal in fair market value and comparable in snowmobiling usefulness, quality
and location, except for project areas receiving development (construction)
grant assistance only, whereby this requirement shall no longer apply after the
time period specified below relative to the amount of grant funds received
toward the facility.
|
Grant Amount Received
|
Time Period After Project Completion and Receipt of
Final Grant Payment
|
|
$0-$10,000
|
5 years
|
|
every $10,000 increment over $10,000
|
add one year
|
b) The
local project sponsor must certify in a written affidavit that it possesses the
funding capability to initially finance the total amount of project
costs.
c) The local project sponsor
must certify in a written affidavit and supply supporting documentation that
adequate snow cover (a minimum of 4 inches) is, in fact, a normal climatic
condition for the project area for a minimum of 14 days from November 1 through
March 31.
d) For all projects,
except those projects which involve only equipment purchase, the local project
sponsor must hold a public hearing to discuss the project and provide the
Department with a synopsis of the hearing, as well as any written comments
received at the hearing. The meeting must be advertised in at least one local
newspaper one to two weeks prior to the meeting.
e) For projects requesting development
assistance, the local project sponsor must have either fee simple title to the
land being developed or a perpetual lease or easement arrangement commensurate
with the conversion amortization schedule established for development grant
projects (see subsection
3010.70(a)
).
f) For projects receiving
acquisition assistance, an appraisal must be completed by the local project
sponsor and certified by the Department. The appraisal must be completed to
Departmental specifications. Title to any property for which grant
reimbursement is sought cannot be taken by the local project sponsor before
Departmental approval is received.
g) For projects receiving development
assistance, the local project sponsor must present to the Department, for
review, all working plans, specifications, contract documents and cost
estimates prior to commencing work. The format for any advertisement or
prospectus soliciting and inviting bids, indicating dates of same, must also be
presented to the Department for review prior to publication. The Department
will notify the local project sponsor if the proposed project requires approval
from a registered structural engineer.
h) The local project sponsor is required to
enter into a standard State contract agreement with the Department for an
amount agreed upon as necessary to complete the approved project and which
specifies the related grant reimbursement amount and approved project
elements.
i) Upon project
completion, the local project sponsor must submit a certified project
expenditure statement listing all funds expended on the project for which grant
reimbursement is sought as well as required billing documentation.
1) ACQUISITION PROJECT: copy of the signed
Statement of Just Compensation/Offer to Purchase Form, Warranty Deed (Judgement
Order in case of condemnation) for property, copy of cancelled check showing
proof of payment to seller, and completed Billing Form which itemizes project
costs and contains a certification statement verifying project
expenditures.
2) DEVELOPMENT
PROJECTS: Copy of As-Built drawings, copy of receipts/invoices for project
costs, copy of cancelled checks showing proof of payment, and completed Billing
Form which itemizes project costs and contains a certification statement
verifying project expenditures.
j) Financial records on approved projects
must be maintained and retained by the local project sponsor for possible State
audit for a period of five years after final reimbursement payment is made by
the Department.
1) If the local project
sponsor receives more than $25,000 in grant funds, the local project sponsor
shall be responsible for having an annual financial and compliance audit. This
audit should be conducted as a part of the local project sponsor's annual
audit. If the local project sponsor is exempt from State and federal audit
requirements, the local project sponsor must procure a special audit covering
all funds expended under this program. In essence, one agency wide audit will
meet audit requirements for State of Illinois grant participation. The audit
must be conducted by an independent public accountant, certified and licensed
by the State of Illinois.
2) The
local project sponsor shall be responsible for procuring the required audits.
Audit procurements shall be conducted in accordance with the local project
sponsor's normal procurement rules, provided these rules promote open
competitive procurements.
3) The
local project sponsor shall provide the Department a copy of all annual audits
for all fiscal years concurrent or contiguous to the approved grant period
within 30 days of the completed audit, and shall be responsible for timely
action in resolving any audit finding and/or questioned project costs. In the
event that questioned costs are ultimately deemed disallowed, as determined by
the Department, the local project sponsor shall be responsible for repayment of
such costs.
k) The local
project sponsor must post a Snowmobile Grant Program acknowledgement sign at
the project site where grant assistance is involved. The required sign or
specifications for its construction will be furnished by the
Department.
l) The local project
sponsor shall insert as an integral part of any contract with the approved
project bidder the following provisions:
1)
That the contractor must abide by and comply with all applicable local and
State laws relating to fair employment practices and prohibiting discrimination
in employment contracts involving public funds, the construction or development
of public buildings, works or facilities.
2) That the contractor must comply with and
be bound by any applicable local and State laws in any manner pertaining or
relating to wages and claims of laborers, mechanics and other workers, agents,
or servants in any manner employed in connection with contracts involving
public funds or the development or construction of public works, buildings or
facilities.
3) That the contractor
must abide by and comport with all applicable local and State laws relating or
pertaining to the development and/or construction of public works, buildings,
or facilities, including but not limited to, any and all applicable workmen's
compensation acts or laws.
4) That
the contractor shall provide and furnish to the satisfaction of the local
project sponsor and the Department good and sufficient performance bond(s) with
adequate surety or sureties, with applicable penalty or loss clauses concerning
or relating to the construction of the proposed facilities and any losses, cost
or damages arising out of, or by virtue of, said construction by the contractor
of the specified snowmobile facilities and which insures, benefits and protects
the local project sponsor and the Department.
5) That the contractor shall personally and
individually agree and covenant, and shall furnish and provide sufficient
evidence of insurance, to indemnify, protect, defend at its own cost, and hold
harmless the local project sponsor and the Department from and against all
losses, damages, injuries, costs, expenses or claims thereof to or by persons
or property arising out of, through, under or by virtue of the construction and
development of the specified snowmobile facilities.
6) That the contractor certifies to the best
of his knowledge that no officer or employee has been convicted of bribery or
attempting to bribe an officer or employee of the State of Illinois, nor has
any officer or employee made an admission of guilt of such conduct which is a
matter of record. Contractor further certifies that it is not barred from
bidding or entering into a contract involving State of Illinois assistance as a
result of violations of Section 33E-3 or 33E-4 of the Criminal Code of 1961,
regarding bid rigging or bid rotating.
m) It shall be understood by the local
project sponsor that a Department representative will make periodic inspections
of the project as construction progresses and be available for consultation or
assistance at any reasonable time upon request. It is further agreed and
understood by the local project sponsor that a final inspection and acceptance
of the completed project must be made by a representative of the Department
prior to acceptance and final payment of grant reimbursement to the local
project sponsor.
n) The local
project sponsor shall indemnify, protect, defend and hold harmless the
Department from any and all liability, costs, damages, expenses, or claims
thereof arising under, through or by virtue of the construction, operation and
maintenance of Program-assisted snowmobile facilities.
o) In connection with and prior to the
construction, and thereafter the subsequent operation and maintenance of
Program-assisted snowmobile facilities, it shall be understood that the local
project sponsor is responsible for obtaining any and all necessary Permits,
Licenses or Forms of Consent, as the case may be, from, but not limited to, the
following:
1) Illinois Department of
Transportation
2) Illinois
Environmental Protection Agency
3)
Illinois Historic Preservation Agency
4) Illinois Department of Natural
Resources
5) Local Building or
Zoning Agencies or Boards, where applicable.
In addition to the foregoing, the local project sponsor further
agrees to comply with applicable provisions of the Recreational Area Licensing
Act.
p) The
local project sponsor must comply with and abide by the following Operation and
Maintenance provisions:
1) The local project
sponsor may enter into a contract or agreement with responsible concessionaires
to operate and/or construct snowmobile rental facilities, for dispersing food
to the public and/or any other services as may be desired by the public and the
local project sponsor. Prior approval of the contract or agreement, and
subsequent revisions thereof, shall be obtained from the Department. Any and
all funds in excess of the costs of operation and maintenance of
Program-assisted snowmobile facilities shall be used for the improvement of
said facilities or similar public facilities in nearby areas.
2) The charging of fees for general public
use of snowmobile facilities financed with funds from this grant program is
strongly discouraged. However, if it is deemed necessary by the local project
sponsor that fees must be levied for use of these facilities, the local project
sponsor shall:
A) Receive prior approval on
an annual basis from the Department for scheduled fees to be charged;
B) Clearly document that existing agency
operation and maintenance budget is not sufficient to cover the added cost of
properly operating and maintaining the project facility;
C) Deposit all fees in a separate account to
be used for maintenance of and improvement to the Program-assisted facility
only. This account must appear on the local project sponsor's appropriation
ordinance each year; and
D) On an
annual basis, submit to the Department satisfactory statements of receipts and
itemized expenditures from this fund.
3) All snowmobile facilities financed with
funds from this grant program shall be continuously operated and maintained by
the local project sponsor at no cost to the Department and shall be operated
and utilized in such a manner as to maximize the intended benefits to and for
the general public.
4) The local
project sponsor shall satisfactorily maintain Program-assisted snowmobile
facilities so as to promote the safe and enjoyable usage of the facility by the
public.
5) The Department shall
have access to Program-assisted facilities at all times for inspection purposes
to ensure local project sponsor's continued compliance with program
regulations.
6) All snowmobile
facilities financed with funds from this grant program shall be open to the
public for use and enjoyment without regard to race, color, sex, national
origin, age or disability. No lessee or licensee of an area under a lease or
license providing for a public or quasi-public use and no concessionaire of a
lessee or licensee providing a service to the public, including facilities and
accommodations, shall discriminate against any person or persons because of
race, color, sex, national origin, age or disability in the conduct of its
operation under the lease, license or concession agreement.
7) All sub-leases or licenses entered into by
the local project sponsor with third persons relating to accommodations or
concessions to be provided for or at the snowmobile facility for the benefit of
the general public shall be submitted to the Department for its approval prior
to said sub-lease or license being entered into or granted by the local project
sponsor.
8) It shall be permissible
for the local project sponsor to close Fund-assisted snowmobile facilities
during the following times:
A) During and
immediately following severe weather conditions when the safety of the
recreating public may be jeopardized or debris deposited on the facility
prohibit its proper use; removal of such debris shall be completed immediately
or as soon as practical thereafter so public use of the facility may be
effectively resumed.
B) During
periods of alternate freezing and thawing when anticipated public use could
cause damage to the facility resource base or jeopardize the safety of the
recreating public.
C) At night to
prevent vandalism if deemed necessary by the local project sponsor.
During periods necessitating closure, the general public shall
be appropriately informed by proper signs and through the news media. Other
than as enumerated above, the local project sponsor agrees that the facilities
shall be open for and to public use throughout the year.
q) Conflict of
Interests:
1) No official or employee of the
local project sponsor who is authorized in his official capacity to negotiate,
make, accept, or approve or to take part in such decisions regarding a contract
or subcontract in connection with an approved Snowmobile grant project shall
have any financial or other personal interest in any such contract or
subcontract.
2) No person
performing services for the local project sponsor in connection with an
approved Snowmobile grant project shall have a financial or other personal
interest other than his employment or retention by that local political
subdivision, in any contract or subcontract in connection with an approved
Snowmobile grant project. No officer or employee of such person retained by the
local project sponsor shall have any financial or other personal interest in
any real property acquired under an approved Snowmobile grant project unless
such interest is openly disclosed upon the public records of the local project
sponsor, and such officer, employee or person has not participated in the
acquisition for or on behalf of the local project sponsor.
r) Program Violations and Project Termination
1) The State may unilaterally rescind project
agreements at any time prior to the commencement of the project in the event
that State funds are not appropriated for the grant program. After project
commencement, agreements may be rescinded, modified, or amended only by mutual
agreement with the local project sponsor. A project shall be deemed commenced
when the local project sponsor makes any expenditure or incurs any obligation
with respect to the project.
2)
Failure by the local project sponsor to comply with any of the above cited
Program terms shall be cause for the suspension of all grant assistance
obligations thereunder, unless, in the judgment of the Department, such failure
was due to no fault of the local project sponsor.
3) Conversion of property acquired or
developed with assistance from the Illinois Snowmobile Grant Program from
public recreation and snowmobile use shall result in the local project sponsor
being held liable for replacing the converted property with comparable
facilities as deemed acceptable by the Department. This requirement shall not
apply to development grant project sites in which the amortization schedule
specified for such projects in subsection
3010.70(a)
has expired.
