Appendix 3 - Draft Forest Preserve Drive Inspection Facility Agreement.pdf

STATE OF ILLINOIS

SCOPE OF SERVICES APPENDICES

APPENDIX 3 – Forest Preserve Drive Inspection Facility Agreement

L0052 – Environmental Protection Agency / Chicago Read Mental Health Center 6959 Forest Preserve Drive, Chicago, Illinois

INTERAGENCY LEASE AGREEMENT

This lease agreement entered into this day of , 2022, by and between the State of Illinois, acting through its Department of Central Management Services (CMS), on behalf of the Department of Human Services (DHS), hereinafter called Holding Agency, and the Illinois Environmental Protection Agency (IEPA), hereafter called Tenant to use certain real property consisting of approximately two (2) acres of land located on 6959 Forest Preserve Drive, adjacent to the Chicago-Read Mental Health Center, 4200 North Oak Park Avenue, Chicago, Illinois 60634, (CMS Site No. 80030).

The parties agree that the term of this lease agreement is as specified below.

Freedom of Information Act: This contract and all related public records maintained by, provided to or required to be provided to the State, are subject to the Illinois Freedom of Information Act notwithstanding any provision to the contrary that may be found in this contract.

ATTACHMENTS: The following Exhibits are attached to and made a part of this interagency Lease Agreement:

A - Standard Certifications Lease dated XXXXX XX, 2022.

The parties below agree to all of the above terms and conditions and are authorized to sign this document.

Holding Agency: Tenant:

State of Illinois Illinois Environmental Protection Agency Department of Human Services 1021 North Grand Avenue East 600 East Ash Street PO Box 19276 Building 300, 1st FL Springfield, Illinois 62794-9276 Springfield, Illinois 62703

By:

Printed Name:

Title:

By:

Printed Name:

Title:

Date: Date:

Approved By:

Department of Central Management Services 623 Stratton Office Building Springfield, Illinois 62706

Date:

EXHIBIT A - STANDARD CERTIFICATIONS FOR INTERAGENCY AGREEMENTS

Public Agency 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 Public Agency certifies compliance with this section and each subsection and is under a continuing obligation to remain in compliance and report any non-compliance.

If this contract extends over multiple fiscal years including the initial term and all renewals, Public Agency shall confirm compliance with this section in the manner and format determined by the State by the date specified 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, Public Agency acknowledges and agrees that should Public Agency 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 Public Agency or its agents may be subject to one or more of the of 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. Public Agency 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 in performance under this contract.

3 If Public Agency employs 25 or more employees and this contract is worth more than $5000, Public Agency certifies it will provide a drug free workplace pursuant to the Drug Free Workplace Act (30

ILCS 580).

4. Public Agency certifies that the Public Agency is not participating or shall not 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).

5. Public Agency 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 (TT5 ILCS 5/2-105).

6. Public Agency 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 25/2).

7. Public Agency 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 Contractors 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 that procurement may result in a contract valued at over $50,000. 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.

8. Public Agency 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.us/litaa. (30 ILCS 587).

600 East Ash Street PO Box 19276

By:

Printed Name:

Title:

Date:

http://www.dhs.state.il.us/litaa

TO UTILIZE EXCESS SPACE

The Department of Human Services (DHS) with the approval of Department of Central Management Services (CMS) enters into this agreement with the Illinois Environmental Protection Agency (IEPA), to allow IEPA to use of excess space in accordance with terms and conditions listed below.

1. PREMISES: CMS agrees to allow IEPA use of certain real property consisting of approximately two acres located at 6959 Forest Preserve Drive on the West side of the Chicago Read Mental Health Center property.

2. TERM: The term of this agreement is for the period beginning upon full execution by the parties and ending December 31, 2031.

3. RENEWAL: Upon the mutual consent of the parties, this agreement may be renewed for one subsequent two-year period.

4. RENT: IEPA agrees to pay CMS $300.00 per year to cover expenses for water and sewer which is provided through the CMS garage adjacent to subject premises. Checks shall be payable to the CMS Facility Management Revolving Fund and mailed to CMS Property Management, Fiscal Division, 601 Stratton Building, Springfield, IL 62706.

5. USE OF PREMISES: IEPA agrees to use the assigned property solely for the purpose of establishing a vehicle emission inspection station operated by a qualified contractor selected by IEPA. At the time of termination of this agreement, IEPA agrees that any and all improvements, constructed, installed, utilized and maintained, shall remain the property of the State of Illinois and jurisdiction of said property shall transfer to CMS or DHS.

6. TERMINATION: This agreement may be terminated by CMS upon giving written notice at least six months prior to the termination. This agreement may be terminated by IEPA upon giving written notice at least 90 days prior to the termination.

7. NOTICE: All notices will be sent to:

Connie Dishon Kent Mohr Department of Central Management Services Illinois Environmental Protection Agency Real Property Section Bureau of Air, Compliance Section 710 Stratton Building 1021 N. Grand Avenue East, P.O. Box 19276 Springfield, IL 62706 Mailcode #40

Springfield, IL 62794-9276

8. UTILITIES: IEPA shall be responsible for payment of electric and gas. IEPA agrees to pay the CMS

FMRF $300.00 per year to cover water and sewer usage as outlined in Section 4.

9. MAINTENANCE: IEPA shall provide general building and grounds maintenance.

INTERAGENCY AGREEMENT

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10. MODIFICATIONS/ALTERATIONS: IEPA or its contractor may make reasonable alterations to the premises with the prior written approval of CMS.

11. RIGHT OF ENTRY: IEPA agrees to allow CMS free access to the premises for the purpose of making any necessary repairs or alterations.

12. OPERATION OF PROGRAMS: The parties agree that each party's programs and operations are to function as completely separate entities, with no overlap of authority, duties or responsibilities other than those contained in this agreement.

13. SECURITY: IEPA will adhere to CMS and DHS regulations and policies relating to security and emergency situations.

14. SUBLEASING AND ASSIGNMENT: IEPA has CMS approval to sublease to a contractor, whose services are procured through the procurement process, to operate the vehicle emission inspection station.

15. DISPUTES: Any disputes between the parties will be referred to CMS for arbitration. The decision of CMS will be final and binding.

16. PRIORITY: This agreement supersedes any previous or existing agreement between the parties.

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IN WITNESS WHEREOF, the parties have caused this instrument to be made and executed by authorized parties on the dates shown below.

600 East Ash Street PO Box 19276

By:

Printed Name:

Title:

Date: