Acquisition and development of public outdoor recreation facilities by local units of government through competitive reimbursement grants.

N/A

20 ILCS 805/805-70, 525 ILCS 35/ (Open Space Lands Acquisition and Development Act) 35 ILCS 200/31-35 (fund source)

17 IL Admin Code 3025

Support local units of government in the acquisition of/or development of lands to provide public parks and open spaces.

Yes

ARTICLE XXVII AUTHORIZED SIGNATORY 27.1. Authorized Signatory. In processing this Award and related documentation, Grantor will only accept materials signed by the Authorized Signatory of this Agreement, as designated or prescribed herein in paragraph 1.6. Grantor will reject any materials signed or submitted on the Grantee’s behalf by anyone other than the Authorized Signatory. ARTICLE XXVIII ILLINOIS WORKS JOBS ACT 28.1. Illinois Works Jobs Program Act (30 ILCS 559/20-1 et seq.): For grants with an estimated total project cost of $500,000 or more, the grantee will be required to comply with the Illinois Works Apprenticeship Initiative (30 ILCS 559/20-20 to 20-25) and all applicable administrative rules. The “estimated total project cost” is a good faith approximation of the costs of an entire project being paid for in whole or in part by appropriated capital funds to construct a public work. The goal of the Illinois Apprenticeship Initiative is that apprentices will perform either 10% of the total labor hours actually worked in each prevailing wage classification or 10% of the estimated labor hours in each prevailing wage classification, whichever is less. Grantees will be permitted to seek from the Department a waiver or reduction of this goal in certain circumstances pursuant to 30 ILCS 559/20-20(b). The grantee must ensure compliance for the life of the entire project, including during the term of the grant and after the term ends, if applicable, and will be required to report on and certify its compliance. ARTICLE XXIX ADDITIONAL BUDGET PROVISIONS 29.1. Restrictions on Discretionary Line-Item Transfers. The Grantee may transfer funds within budget line items of less and no more than ten percent of the limiting line item without Grantor approval. Any budget line item transfers greater than ten percent must be requested in advance by the Grantee and must be approved by the Grantor, requiring an amendment to the Grant Agreement/Budget. ARTICLE XXX ADDITIONAL TERMINATION, SUSPENSION, BILLING SCHEDULE AND NON-COMPLIANCE PROVISIONS 30.1. Remedies for Non-Compliance. If Grantor suspends or terminates this Agreement pursuant to Article XVI herein, Grantor may also elect any additional remedy allowed by law, including, but not limited to, one or more of the following remedies: (a) Direct the Grantee to refund some or all of the Grant Funds disbursed to it under this Agreement, (b) Direct the Grantee to remit an amount equivalent to the “Net Salvage Value” of all equipment or materials purchased with Grant Funds provided under this Agreement. For purposes of this Agreement, “Net Salvage Value” is defined as the amount realized, or that the Parties agree is likely to be realized from, the sale of equipment or materials purchased with Grant Funds provided under this Agreement at its current fair market value, less selling expenses; and, (c) Direct the Grantee to transfer ownership of equipment or materials purchased with Grant Funds provided under this Agreement to the Grantor or its designee. 30.2. Grant Refunds. In accordance with the Illinois Grant Funds Recovery Act, 30 ILCS 705/1 et seq., the Grantee must, within forty-five (45) days of the effective date of a termination of this Agreement, refund to Grantor, any balance of Grant Funds not spent or not obligated as of said date. ARTICLE XXXI ADDITIONAL MODIFICATION PROVISIONS 31.1. Unilateral Modifications. The Parties agree that Grantor may, in its sole discretion, unilaterally modify this Agreement without prior approval of the Grantee when the modification is initiated by Grantor for the sole purpose of increasing the Grantee’s funding allocation as additional funds become available for the Award during the program year covered by the Term of this Agreement. A unilateral modification may also be used to de-obligate funds without prior approval of the Grantee when, a) a project is completed and funds remain that are no longer needed for the grant project, b) to secure unobligated/unspent funds, c) termination of the Grant Agreement. 31.2. Term Extensions. The Grantee acknowledges that all Grant Funds must be expended or legally obligated, and all Grant Activities, Deliverables, Milestones and Performance Measures (Exhibits A, B and E) must be completed during the Grant Term set forth in paragraph 1.4 herein. Extensions of the Award Term will be granted only for good cause, subject to the Grantor’s discretion. Pursuant to the Grant Funds Recovery Act (30 ILCS 705/1 et seq.), no Award may be extended in total beyond a two (2)-year period unless the Grant Funds are expended or legally obligated during that initial two-year period, or unless Grant Funds are disbursed for reimbursement of costs previously incurred by the Grantee. If Grantee requires an extension of the Award Term, Grantee should submit a written request to the Grant Manager at least sixty (60) days prior to the end of the Award Term or extended Award Term, as applicable, stating the reason for the extension. ARTICLE XXXII ADDITIONAL EQUIPMENT OR PROPERTY PROVISIONS 32.1. Equipment Management. The Grantee is responsible for replacing or repairing equipment and materials purchased with Grant Funds that are lost, stolen, damaged, or destroyed. Any loss, damage or theft of equipment and materials shall be investigated and fully documented, and immediately reported to the Grantor and, where appropriate, the appropriate authorities. 32.2. Grantee will be responsible for the maintenance of any equipment purchased with grant funds. ARTICLE XXXII APPLICABLE STATUTES To the extent applicable, Grantor and Grantee shall comply with the following: 33.1. Grantee Responsibility. All applicable federal, State and local laws, rules and regulations governing the performance required by Grantee shall apply to this Agreement and will be deemed to be included in this Agreement the same as though written herein in full. Grantee is responsible for ensuring compliance with all applicable laws, rules and regulations, including, but not limited to those specifically referenced herein. Except where expressly required by applicable laws and regulations, the Grantor shall not be responsible for monitoring Grantee's compliance. 33.2. Land Trust/Beneficial Interest Disclosure Act (765 ILCS 405/2.1). No Grant Funds shall be paid to any trustee of a land trust, or any beneficiary or beneficiaries of a land trust, for any purpose relating to the land, which is the subject of such trust, any interest in such land, improvements to such land or use of such land unless an affidavit is first filed with the Grantor identifying each beneficiary of the land trust by name and address and defining such interest therein. 33.3. Historic Preservation Act (20 ILCS 3420/1 et seq.). The Grantee will not expend Grant Funds under this Agreement which result in the destruction, alteration, renovation, transfer or sale, or utilization of a historic property, structure or structures, or in the introduction of visual, audible or atmospheric elements to a historic property, structure or structures, which will result in the change in the character or use of any historic property, except as approved by the Illinois Department of Natural Resources, Historic Preservation Division. The Grantee shall not expend Grant Funds under this Agreement for any project, activity, or program that can result in changes in the character or use of historic property, if any historic property is located in the area of potential effects without the approval of the Illinois Department of Natural Resources, Historic Preservation Division. 20 ILCS 3420/3(f). 33.4. Steel Products Procurement Act (30 ILCS 565 et seq.). The Grantee, if applicable, hereby certifies that any steel products used or supplied in accordance with this Award for a public works project shall be manufactured or produced in the United States per the requirements of the Steel Products Procurement Act (30 ILCS 565 et seq.). ARTICLE XXXIV ADDITIONAL MISCELLANEOUS PROVISIONS 34.1. Workers’ Compensation Insurance, Social Security, Retirement and Health Insurance Benefits, and Taxes. The Grantee shall provide Workers’ Compensation insurance where the same is required and shall accept full responsibility for the payment of unemployment insurance, premiums for Workers’ Compensation, Social Security and retirement and health insurance benefits, as well as all income tax deduction and any other taxes or payroll deductions required by law for its employees who are performing services specified by this Agreement. ARTICLE XXXV ADDITIONAL REQUIRED CERTIFICATIONS The Grantee makes the following certifications as a condition of this Agreement. These certifications are required by State statute and are in addition to any certifications required by any Federal funding source as set forth in this Agreement. Grantee’s execution of this Agreement shall serve as its attestation that the certifications made herein are true and correct. 35.1. Compliance With Applicable Law. The Grantee certifies that it shall comply with all applicable provisions of federal, state and local law in the performance of its obligations pursuant to this Agreement. 35.2. Applicable Taxes. The execution of this Agreement by the Grantee is its certification that (i) it is current as to the filing and payment of any federal, state and/or local taxes applicable to Grantee; and (ii) it is not delinquent in its payment of moneys owed to any federal, state, or local unit of government. 35.3. Lien Waivers. If applicable, the Grantee shall monitor construction to assure that necessary contractor’s affidavits and waivers of mechanics liens are obtained prior to release of Grant Funds to contractors and subcontractors. ARTICLE XXXVI INCORPORATION 36.1. Incorporation into Agreement. The full Uniform Application, Unform Budget, Grant Manual, and attached documents are hereby incorporated into this Agreement and therefore are a part of this Agreement. ARTICLE XXXVII OSLAD SPECIFIC TERMS 37.1 The Cash Management requirements and Interest requirements listed in Paragraphs 4.3 and 4.6 of PART ONE respectively do not apply as there are no federal funds as part of this agreement and the Grantee, with the exception of the 50% advance payment, is paid as reimbursement of prior project expenditures. 37.2 The Grantee is required to deposit the 50% advance payment in an interest-bearing account separate from their general accounts. The interest earned from this account must be reported quarterly and expended on the project in addition to all grant payments and required matching funds. 37.3 Additional information provided in the Project Implementation and Billing Packet will be considered an appendix to this agreement and is hereby incorporated into it through Exhibit B1. 37.4 The full application completed for this grant including all attachments, budget and maps is hereby incorporated into this agreement. 37.5 The Grantee must comply with and abide by the following operation and maintenance provisions (17 Ill. Adm. Code 3025.70): a) All lands and facilities assisted with OSLAD funds shall be continuously operated and maintained by the Grantee in a safe and attractive manner at no cost to IDNR and be operated and utilized in such a manner as to maximize the intended benefits to and for the public. b) IDNR shall have access to OSLAD-assisted facilities at all times for inspection purposes to ensure the Grantee's continued compliance with this Part. c) The Grantee may enter into a contract or agreement with responsible concessionaires to operate and/or construct facilities, for dispersing food to the public and/or any other services as may be desired by the public and the Grantee for enjoyable and convenient use of the OSLAD-assisted site. Any and all concession revenue in excess of the costs of operation and maintenance of the OSLAD lands and/or facilities shall be used for the improvement of said lands or facilities or similar nearby public facilities. All sub-leases or licenses entered into by the Grantee with third persons relating to accommodations or concessions to be provided for or at the OSLAD facility for benefit of the public shall be submitted to IDNR, upon request, for its approval prior to the sub-lease or license being entered into or granted by the Grantee. The lessee concessionaire or licensee providing such service at the project site shall not discriminate against any person or persons on the basis of race, color, creed, national origin, disability or place of residence in the conduct of its operation under the lease, license or con¬cession agreement. 37.6 No significant deviations from the approved Agreement (development plan) or control of property interests in the project site shall be made without prior written approval from IDNR. Specific actions regarded as significant deviations include, but are not limited to: a) The granting of an easement, right-of-way, or other such encum¬brance on title which divests control of the project site from the Grantee to another individual, group, agency, or entity. b) Any significant deviation from the approved project site plan OR change, alteration or disposition of the project site ¬to anything other than public outdoor recreation use, unless approved in this Agree¬ment or by IDNR. The construction of any building including indoor recreation facilities, exclusive of outdoor recreation service or support structures and sanitary facilities, are considered a conversion in use. c) The construction of any overhead service utility line on the project site subsequent to the date of this Agreement, except for electric lines over 15 kv, unless otherwise approved by IDNR. (All future utility lines servicing the project site, except as noted, must be buried.) 37.7 Property acquired or developed with OSLAD funds may not be converted to a use other than public outdoor recreation use as provided in this Part without prior IDNR approval. Approval for property conversion will be granted only if the Grantee substitutes replacement property of at least equal market value and comparable outdoor recreation usefulness, quality and location (17 Ill. Adm. Code 3025.70). 37.8 Any deviation or conversion of the project site(s) from public outdoor recreation use without DNR approval shall be considered a breach of this Agreement resulting in the Grantee being held liable for replacing said converted property with comparable land as deemed acceptable by IDNR. 37.9 The Grantee shall maintain, for a minimum of 3 years following project completion, satisfactory financial accounts, documents, and records associated with the project and the disbursement of grant funds pursuant to this Agreement and shall make them available to IDNR and the State of Illinois, Auditor General or Attorney General, for auditing at reasonable times. Failure by the Grantee to maintain such accounts, documents, and records as required herein shall establish a presumption in favor of the State of Illinois for recovery of any funds paid by the State per this Agreement for which adequate records are not available to support their purported disbursement. 37.10 Grantees receiving a cumulative total of $500,000 or more in state OSLAD assistance in a given year are required to have an agency-wide annual financial and compliance audit conducted, as is generally required by 1) state law (65 ILCS 5/8-8-1 et seq. or 55 ILCS 5/6-31001 et seq.) or 2) by the Grantee’s own governing body, as applicable. A copy of the audit must be provided to IDNR, upon request, OR if any findings (irregularities) involving the OSLAD grant are reported in the audit. 37.11 All required audits must be conducted by an independent certified public accountant, licensed by the State of Illinois, and must be performed in accordance with generally accepted auditing standards adopted by the American Institute of Certified Public Accountants (AICPA). The Grantee shall be responsible for procuring all required audits in accordance with its normal procurement rules, providing that these rules promote open competitive procurement. 37.12 The Grantee shall be responsible for timely action in resolving any audit findings or questioned project costs. If questioned costs are ultimately deemed disallowed as determined by IDNR or its representative, the Grantee shall be responsible for repayment of such costs. 37.13 The agreement is subject to the Illinois Grant Funds Recovery Act (30 ILCS 705/1 I et seq.).

Government Organizations;

Agencies eligible for assistance under the OSLAD grant program are any unit of local government with statutory authority to acquire, develop and maintain lands for public outdoor recreation purposes. This includes, but is not limited to, counties, townships, municipalities, park districts, conservation districts and forest preserve districts.

N/A

Project Grants

Public Safety

N/A

IDNR will publish preapplication coordination opportunities on our website- https://www2.illinois.gov/dnr/grants/Pages/OpenSpaceLandsAquisitionDevelopment-Grant.aspx

Submissions via the State Of Illinois Grant Management System

a) The OSLAD program shall operate on a matching basis providing up to a maximum of 50% funding assistance on total approved project costs. However, a local government defined as "distressed" under the criteria established in this Part shall be eligible for assistance of up to 100%. During this grant cycle, the Department may make more than 10% of the amount appropriated in FY24 available to distressed local governments. b) Except for jurisdictions having populations exceeding 2 million residents, maximum grant awards to any one project in a given year are currently limited to $1,125,000 for approved land acquisition projects and $600,000 for approved development (construction) projects. Counties serving a population exceeding 2 million residents are eligible for up to $1,725,000 in annual OSLAD funding for approved outdoor recreation acquisition and/or development projects. Municipalities with a population exceeding 2 million are eligible for up to $3,450,000 in annual OSLAD funding for approved projects. However, no more than 10% of the annual OSLAD appropriation can be allocated to any one project.

Projects are selected through a merit-based review process. Grantees are issued a 50% prepayment for development projects, unless they opt out. Final payment is issued after projects are complete and final inspection and billing and implementation packet have been submitted to IDNR.

Award cycle dates may vary

Funding decisions may take 4-8 months

Appeals pursuant To 44 Il Admin Code 7000.350

No cost extensions are allowed with prior approval for applicants that can demonstrate expenditure or obligation of 50% prepayment or which have waived the prepayment.

Applications are evaluated and prioritized for funding assistance based upon recreation priorities and criteria identified in the Department's Statewide Comprehensive Outdoor Recreation Plan (SCORP).

Acquisition and/or development of land for public parks and open spaces.

Lands acquired with OSLAD funds are required to be operated and maintained in perpetuity for public outdoor recreation.

Audit requirements per JCAR Title 44 Illinois Administrative Code 7000.90

All financial records on approved projects must be maintained and retained, in accordance with State laws, by the project sponsor for possible State audit after final reimbursement payment is made by the Department.

0299.4211.4900.0000

TBD

OSLAD grant awards to any one project in a given year is currently limited to $1,125,000 for approved land acquisition projects and $600,000 for approved development (construction) projects. Counties serving a population exceeding 2.0 million residents shall be eligible for up to $1,725,000 in annual OSLAD funding for approved outdoor recreation acquisition and/or development projects. Municipalities with a population exceeding 2.0 million residents are eligible for up to $3,450,000 in annual OSLAD funding for approved projects.

Annual Reports for the OSLAD program can be provided by request

JCAR Administrative Rules:TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER g: GRANTS PART 3025 OPEN SPACE LANDS ACQUISITION AND DEVELOPMENT GRANT PROGRAM http://www.ilga.gov/commission/jcar/admincode/017/01703025sections.html

N/A

1 Natural Resources Way Springfield, IL 62702

https://www2.illinois.gov/dnr/grants/Pages/OpenSpaceLandsAquisitionDevelopment-Grant.aspx

LWCF, PARC

Projects vary from small neighborhood parks or tot lots to large community and county parks and nature areas.

7/3/2023

FY 2019 : $29,000,000
FY 2020 : $29,000,000
FY 2022 : $29,000,000
FY 2023 : $56,000,000
FY 2024 : $56,000,000