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HomeMy WebLinkAbout91-0814 Elgin Proud and Beautiful RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ELGIN PROUD AND BEAUTIFUL, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Elgin Proud and Beautiful, Inc. for the administration of a Clean and Beautiful Program, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 14, 1991 Adopted: August 14, 1991 Vote: Yeas 6 Nays n Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT This Agreement made on August 15, 1991 between the City of Elgin and Elgin Proud and Beautiful regarding the administration of a Clean and Beautiful program under section 46.53 of the Civil Administrative Code, I11. Rev. Stat. ch. 127, para. 46.53 as amended. 1. The City of Elgin shall provide to Elgin Proud & Beautiful, Inc. the sum of $ 6,000, consisting of a Clean and Beautiful Program Grant from the State of Illinois. Elgin Proud & Beautiful, Inc. shall obtain matching funds from local sources in the amount of $ 6,000. In accordance with the terms and conditions of the grant as set forth in the Grant Document, the form of which is attached hereto and by this . reference specifically incorporated herein and in accordance with any subsequent provisions, requirements and assurances promulgated by the State -of Illinois that may. now or hereafter apply to said grant. 2. The City shall be obligated to provide said grant funds to Elgin Proud & Beautiful, Inc. only on the condition that said funds shall be available from the Lieutenant Governor. The non-availability of such grant funds shall. cause this agreement to be terminated at the option of either party hereto or the Lieutenant Governor of the State of Illinois. Should the City receive less than the full amount anticipated .in the Grant Document, and if neither the Lieutenant Governor nor either party exercises his/its option to terminate this Agreement within 14 days of being notified of the non-availability of.' funds, Elgin Proud & Beautiful, Inc. shall receive an amount under this Agreement which is reduced in proportion to the reduction in funds available to the City under the Grant Document. 3. The City of Elgin is not required to meet the match for this grant. - Any funds left unmatched by Elgin Proud & Beautiful, Inc. at the end of this grant term will be returned to the State of Illinois. 4. Elgin Proud & Beautiful, Inc. shall adhere to all the provisions, requirements and assurances set forth in the Grant Document. Further, Elgin Proud & Beautiful, Inc. shall comply with any existing or subsequently enacted provisions or requirements promulgated by the Lieutenant Governor and applicable to the grant. Failure shall cause this Agreement to be terminated at the discretion of the Lieutenant Governor. 5. Elgin Proud & Beautiful, Inc. , its officers, agents, employees and assigns agree to-hold the City and State of Illinois harmless from any and all liability, claims, damages and litigation arising from its operations and activities under the terms of this Agreement. 6. This Agreement shall be binding upon Elgin Proud & Beautiful, Inc. and its assigns, except that Elgin Proud & Beautiful may not assign or transfer its rights without the prior written consent of the City and the Lieutenant Governor. This Agreement shall inure to the benefit of the City, its successors and assigns. Page 2 Agreement 7. All federal and state laws in effect during the term of this Agreement, insofar as they are applicable, regardless of the date of enactment, shall be considered to be amendments hereto and as much a part of this Agreement as if fully set forth herein without any further action by the parties. 8. This Agreement shall be governed by the laws of the State of Illinois. In the event that any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 9. Except as provided in paragraph 7 above, the terms and conditions of this Agreement may only be amended by written agreement of both parties with the prior written consent of the Lieutenant Governor. 10. It is agreed between the parties that this Agreement, with attachments and as written, is the full and complete agreement between the parties and that there are no oral agreements or understandings between the parties other than that which has been reduced to writing herein. 11. The City represents that all information contained in the application for Clean and Beautiful Program Grant, as stated by the City and submitted to the Statewide Clean and Beautiful Coordinator is correct and accurate. The parties hereto agree that any material misstatement may be considered a breach of the Grant Document, and may result in the voiding of this Agreement and/or the Grant Document at the discretion of the Lieutenant Governor. By: Z' Ex cutive C rd nator Mayo Elgin Proud & Beautiful, nc. City of Elgin f Attest: Secre ary/Treasurer City Clerk Ele'On I 0 �� _ Agenda Item No. August 2,1991 MEMORANDUM TO: Mayor and- Members -of the- City Council FROM: City Manager SUBJECT: Elgin Proud and Beautiful, Inc. Grant Application PURPOSE: The intent of this document is to provide informa- tion which explains a grant application prepared by Elgin Proud and Beautiful, Inc. (EPB) . BACKGROUND: The Illinois Department of Commerce and Communi- ty Affairs (DCCA) in the past has implemented the Illinois Clean and Beautiful Program. That program is now being coordi- nated by the Office of the Lieutenant Governor. The purpose of this program is to encourage recycling and community improve- ments through the establishment of recycling and solid waste programs . Funds have been appropriated by the Lieutenant Governor for distribution as grants to local governments with certified Keep America Beautiful Programs. EPB has made arrangements to apply for a fourth grant. EPB received the first grant in the amount of $7,500 following this same procedure at a council meeting on 12-14-88, a second grant for $4,950 per council approval on 9-27-89 and a third grant for $4,030 on 2-27-91. Only units of local government may apply for funding. Therefore, EPB proposes an Agreement with the City of Elgin in order to complete the application. The deadline for the sub- mittal is August 15, 1991 . EPB will meet that deadline and sub- mit the balance of the signed documents following City Council approval. . Attached are details of the grant application. Included is the proposed Agreement between EPB and the City of Elgin. • Funds approved by the Lieutenant Governor will be awarded to the City of Elgin and forwarded to EPB per that Agreement. FINANCIAL IMPACT: There is no cost to the City of Elgin. The EPB application amounts to $6, 000 . • TABLE OF CONTENTS Page Number Letter of Transmittal i Application Cover Page 2 Resolution of Submittal 3 Scope of Work 5 Management Plan 7 • Summary of Program Accomplishments 8 Keep America Beautiful Certification 9 Program Budget 10 Documentation of Matching Funds 11 Government/Organization Agreement 13 • SCOPE OF WORK The goals that Elgin Proud and Beautiful has outlined for the coming months make for an exciting plan of work. We will be working with other community organizations on a number of projects, assisting the waste hauler in moving the recycyling program into new areas, developing materials for a clean builder program and pre-school curriculum planning. Elgin Proud & Beautiful ' s annual cleanup, the Trash Bash, will be held on September 21. The Fox valley Environmental Council is assisting with this event. The Elgin Youth Council has also committed their assistance in gaining workers. Following the Trash Bash, we will thank everyone who cleans by holding a party (Captain Cleanup's Fourth Birthday) . We will have food, games, prizes, etc. Youthfest is an annual event sponsored by the Elgin Youth Council. This year, EPB and the Child Care Department of Elgin Community College will present a program for pre-school age children and parents. The program will focus on litter prevention and recycyling. The program will he held on September 28 . We will also be working with the ECC Child Care Department in developing and field testing curriculum material for pre-school classrooms. The curriculum material will be accompanied by a teacher's kit which will contain many of the items needed in teaching the unit. It is hoped that we will be able to begin field testing of these - materials during the second semester of the 191-192 school year. •Elgin Expo, an annual event hosted by the Elgin Area Chamber of Commerce, affords us an excellent opportunity to talk to people about recycling and litter prevention. Elgin Proud & Beautiful has had a booth at this show for the past four years. We plan to again rent a booth, have literature to hand out to people and hold a contest, which adds interest and draws attention to the- booth. Elgin Expo will be held on February 7, 8, 9. The recycling program in Elgin has been growing steadily. This year we hope to assist that growth in two ways. First, we will help Elgin Wayne Disposal, the city's hauler/recycler to develop and implement a pilot program to begin multi-family recycling. April is the target for this program. Second, we hope to promote office paper recycling by making that the topic of our annual meeting. Our meeting will be held in November and is also a way to say "thank you" .to our contributors. In recent months, our- county has had some rather heated discussion about the purchase of land to be used as a future landfill site. We would like to assist the county in finding a solution by hosting a KAB Community Workshop. This would require hiring trainers from the national KAB office as well as renting space,' publicizing the event, providing food, etc. for a full day workshop. Our Clean Builder Program, which would encourage builders to take [esponsibility for the litter they create, has been in development for he last year and a half. This year we will have the materials printed and begin enlisting support. We will be kicking off the program by _ holding a breakfast meeting for builders during KAB Month in April. ACTIVITIES OF ELGIN PROUD & BEAUTIFUL August, 1990 through July, 1991 Major accomplishments of Elgin Proud & Beautiful within the last year. August. . . . • Prepared application packages for 2 KAB National Awards • • Planned for Fall Cleanup and school programs • Article in Elgin Spirit September.. • Participated in Neighborhood Festival and set up recycling • Program for adult group • Interviewed on radio re: cleanup • Ran 3rd Cleanup and held Birthday Party for mascot • Met with coordinators and Kathy Engleson, IL Dept. ENR • Had article in Fox Valley Living October. . . • Article in Elgin Spirit • Wrote Newsletter • Programs for 10 school, 1 college classes and 3 adult groups • Began planning Teacher's Workshop November. . • Attended Walgreens Grand Opening Ceremony • Attended teacher's workshop sponsored by ENR • Planned and held Annual Meeting • Programs for 3 classes, 1 adult group • Had article in Courier News, Chamber News )ecember. . • Planned Expo Booth • Attended KAB Annual Meeting; Received 3rd Place National Award • Programs for 1- youth, 1 adult groups • Article in Elgin Spirit ranuary. . • Programs for 2 youth groups • Planned Teachers' Workshop and Earthday project • Had booth at Elgin Expo (3 day event) • Wrote Grant request 'ebruary. • Programs for 3 classes, 1 adult group • • Planned Teachers' Workshop, Earthday Event, Environmental placemats, Teachers' Fieldtrip • Toured Environmental Lab • Attended ICB Meeting .arch. . . . • Programs for 3 classes, 1 adult group • Planned Teachers' Workshop; Environmental placemats • Attended ICB Meeting, made presentation • Initiated fund raising campaign pril. . . . • Programs for 9 classes, 1 youth group, 5 adult groups • Held Teachers' Workshop • Ran Preschool Fun Fair booth • Held Earthday Environmental Fair • Attended workshop in McHenry • Began planning fall cleanup ay. . . . . . • Programs for 17 classes, 2 adult groups o Participated in Arbor Day activities • Ran booth at NHS Neighbors' Nite • Held Teachers' Fieldtrip • Accepted appointment as National Representative for KAB zne. . . . . • Programs for 3 classes, 1 adult group • Assisted with brochure for NHS • Began planning joint project with NHS • Began work on Pre-school curriculum material • Had unit in Welcome Home Parade Article in Chicago Tribune il� . . . • Programs for 2 youth groups • Met with Youth Council re: cleanup • Attended Model City meeting • Continued work on Pre-school curriculum ® Yein(id on recycled p.pr. • ELGIN PROUD AND BEAUTIFUL PROJECT BUDGET ACTIVITY TOTAL COST .. C&B FUNDS MATCH FUNDS SOURCE OF MATCH ?ROGRAM Newsletters $ 550 550 Elgin Expo 250 250 Clean Builder Program 500 500 Advertising/Promotion 2, 100 2, 100 Pre-School Curriculum Development 650 650 "Trash Bash" 250 250 Multi-family recycling 300 300 KAB County Wide Training 1,000 500 500 EP&B Funds Annual Meeting 1,200 500 700 EP&B Funds Girl Scout Project 50 50 EP&B Funds Youthfest 400 400 KAB Month Activities 200 200 EP&B Funds ECC Fun Fair 50 50 EP&B Funds Neighbors Nite 100 100 EP&B Funds /Tree City Meeting 50 50 EP&B Funds ,PERATIONAL Salary 3,100 3 , 100 EP&B Funds Secretarial 250 250 EP&B Funds Audit 500 500 EP&B Funds Overhead 500 500 EP&B Funds 0 ALS $12,000 $6,000 $6,000 • • 24 E. CHICAGO STREET, ELGIN, ILLINOIS 60120 (708) 7415660 August 2, 1991 Lieutenant Governor Bob Kustra Illinois Clean & Beautiful Program 100 West Randolph, Suite 15-200 Chicago, Illinois 60601 Dear Mr. Kustra: • I certify that as of September 15, 1991 the cash on hand for the use of Elgin Proud and Beautiful, Inc. should be no less than $3200.00 Sincerely, JI Gilbert H. Nore Treasurer Elgin Proud & Beautiful, Inc. • A Keep America Beautiful Certified City ® Printed on recycled paper Page 2 agreement 7. All federal and state laws in effect during the term of this Agreement, insofar as they are applicable, regardless of the date of enactment, shall be considered to be amendments hereto and as much a part of this Agreement as if fully set forth herein without any further action by the parties. 8 . This Agreement shall be governed by the laws of the State of Illinois. In the event that any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 9. Except as provided in paragraph 7 above, the terms and conditions of this Agreement may only be amended by written agreement of both parties with the prior written consent of the Lieutenant Governor. 10. It is agreed between the parties that this Agreement, with • attachments and as written, is the full and complete agreement between the parties and that there are no oral agreements or understandings between the parties other than that which has been reduced to writing herein. 11. The City represents that all information. contained in the application for Clean and Beautiful Program Grant, as stated by the City and submitted to the Statewide Clean and Beautiful Coordinator is correct and accurate. The parties hereto agree that any material misstatement may be considered a breach of the Grant Document, and may result in the voiding of this Agreement and/or the Grant Document at the discretion of the Lieutenant Governor. By: Executive Coordinator Mayor Elgin Proud & Beautiful, Inc. City of Elgin Attest: Secretary/Treasurer City Clerk • 3' STATE OF ILLINOIS OFFICE OF THE LIEUTENANT GOVERNOR Al Op rt BOB KUSTRA LIEUTENANT GOVERNOR October 3 , 1991 The Honorable George VanDeVoorde Mayor, City of Elgin 150 Dexter Court Elgin, Illinois 60120 Re: Grant No. CB-92208 Dear Mr. VanDeVoorde: Enclosed is your fully executed copy of the grant agreement between your agency and the Lieutenant Governor's Office. Please retain this copy for your files for reference during administration of the grant and for future audit and monitoring purposes. If you have any questions regarding your grant agreement, please contact Jodi Dolan of my staff. Sincerely <Z2 � Bob Kustra 214 STATE CAPITOL BUILDING o SPRINGFIELD, ILLINOIS 62706 • 217/782-7884 SOIC, SUITE 15-200 c 100 WEST RANDOLPH o CHICAGO, ILLINOIS 60601 • 312/814-5220 STATE OF ILLINOIS CLEAN AND BEAUTIFUL PROGRAM Grant No. CB-92208 City of Elgin 150 Dexter Ct. Elgin, Illinois 60120 by the Office of Lieutenant Governor Bob Kustra 100 West Randolph, 15-200 Chicago, Illinois 60601 ILLIMIS CLF+M AND BEAUTIFUL, APPLICATION +ame and address of L,.cal Government: --ocai Government :r.%4 .: City of. Elgin 36-6005-862 150 Dexter Ct. E)Qin, IL 60120 County: -Kane P=o)ect duration: Beginning: September 15, 1991 Ending: June 15, 1992 Duration: 9 Months Program Contact Person: Chief Elected Official: Name: Martha Jernberg Name: George VanDeVoorde Title: Elgin Proud & Beautiful 'Title: Mayor, City of Elgin Street: 24 E. Chicago St. Street: 150 Dexter Ct. City: Elgin City: Elgin State/Zip: TI. 1;0170 State/Zip TL 60120 Phone: 1 708 j 741-5660 Phone: ( 708 ) 695-6500 Keep America Beautiful Certification: Legislative Location: Certified 1987 State House District: Pre-Certified 65 & 66 Other State Senate District: Explain: 33 U.S. Congressional District: 14 Status. of Proposed Funding: SOURCE OF FUNDS AMOUNT Clean & Beautiful Program Grant $ 6,000 Elgin Proud & Beautiful Funds s 6,000 S , S 1. Total- Program Funding: .; 12,000 To the best of my knowledge and belief, data in this application are true and correct, . the document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached assurances if the appl' ation is approved. �;_r ����� _/fl// ( -izc_ �tZ� �� Sign re of Authorized Official tle Dat Sig 6 e - ----T>MRTANT NOTICE ?his state agency is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under Ill. Rev. Stats. Chap. 127, Par. 46.1 at seq. Disclosure of this information is REQUIRED. Failure to provide any information will result in this form not being processed. This form has bean approved by the State Forms Management Center. _ q _ GRANT AGREEMENT THIS ILLINOIS CLEAN AND BEAUTIFUL GRANT AGREEMENT (hereinafter referred to as the "Grant Agreement") by and between the Lieutenant Governor of the State of Illinois (the Lieutenant Governor and or his Statewide Clean & Beautiful Program Coordinator being hereinafter referred to as the "LTG") and City of Elgin (hereinafter referred to as "Grantee") , and effective as of September 15, 1991 (hereinafter the "Effective Date") , includes the following sections and exhibits: Part I Method of Compensation and Reimbursement Part II Terms and Conditions Concerning Program Administration Part III Representations and Warranties Part IV Miscellaneous Provisions Exhibit A Agreement with Not-For-Profit Corporation Exhibit B Program Objectives and Activities Exhibit C Special Grant Conditions Exhibit D Budget The following recitals form a material part of this Grant Agreement. WHEREAS, pursuant to the provisions of Public Act 86-1282, amending Ill. Rev. Stat. ch. 127, Par. 46. 53 (the "Act") effective July 1, 1991, the LTG is empowered to make Illinois Clean and Beautiful grants to qualified applicants for the purpose of encouraging the establishment and maintenance of community-based litter and solid waste reduction programs; WHEREAS, such a grant will assist Grantee in establishing or maintaining community-based litter and solid waste reduction activities, and thereby permit Grantee to improve the quality of life of its residents and enhance local economic development efforts; WHEREAS, Grantee has satisfied all conditions precedent to an award of an Illinois Clean and Beautiful grant under applicable laws and administrative rules; and WHEREAS, the not-for-profit corporation with which Grantee has entered into a written agreement for the performance- of Program Activities, as defined herein, (hereinafter the "Not- For-Profit") , a true and correct copy of which agreement is attached hereto as "Exhibit A" , shall be considered to be the agent of Grantee for purposes of this Grant Agreement; NOW THEREFORE, the LTG hereby agrees to make an Illinois Clean and Beautiful grant available to Grantee in an amount not to exceed $3,240. 00 (hereinafter referred to as the "Grant Award") in reliance upon the recitals, representations and -2- warranties, and upon the terms and conditions, contained herein. PART I METHOD OF COMPENSATION AND REIMBURSEMENT 1. Authorized Costs. Grantee is authorized to incur costs against this Grant beginning with the Effective Date and continuing through June 15, 1992 (hereinafter the "Ending Date") . 2. Payments to Grantee. Fifty percent (50%) of the Grant Award shall be paid upon the Effective Date and the remaining fifty percent (50%) no later than 137 calendar days after the Effective Date. Both the Grant Award and Grantee's "Matching Contribution", as defined herein (hereinafter collectively referred to as "Program Funds") , shall be used only for costs which are necessary to accomplish the program activities set forth at "Exhibit B" which is attached hereto and by this reference made a part hereof (hereinafter the "Program Activities") . 3 . Method of Disbursement and Reimbursement. The method of disbursement and/or reimbursement shall be in accordance with applicable State laws and administrative rules relative to such disbursement and reimbursement, including, without limitation, the rules of the program published in the Illinois Register, Title 47, Part 600. 50 or any rules which may subsequently be adopted by the LTG with respect to the Illinois Clean and Beauti-ful• Program. Payments to Grantee are subject to the initiation of an Invoice Voucher. The first payment under Paragraph 2 above may be an advance for cash needs. The second payment may be applied as reimbursement for costs already incurred or as an advance for cash needs during the remainder of the term of this Grant Agreement. PART II TERMS AND CONDITIONS CONCERNING PROGRAM ADMINISTRATION 1. Matching Contributions by Grantee. Grantee shall provide, no later than the Effective Date, a cash matching contribution equal to the amount of the Grant -3- Award as required under the Act and applicable administrative rules and regulations (the "Matching Contribution") . The Matching Contribution must meet all of the following criteria: a. be under the control of the Not-For-Profit's program coordinator throughout the term of this Grant Agreement; b. be necessary and reasonable for proper and efficient administration of the Program Activities; C. be in cash; and d. not be used for any purposes other than the Program Activities, including, without limitation, general costs and expenses of Grantee which are incurred in carrying out responsibilities other than those - required under this Grant Agreement. 2 . Compliance with Program Rules. Grantee agrees to comply with all administrative rules, regulations, policies and procedural requirements as they may now or hereafter be lawfully promulgated by. the LTG. 3 . Special Grant Conditions. In addition to the general terms and conditions which appear in this Part, the special grant conditions set forth at "Exhibit C", which is attached hereto and by this reference made a part hereof, shall be applicable. In the event that any terms contained at Exhibit C conflict with any other provisions of this Grant Agreement, the provisions of Exhibit C shall control. 4 . Program Reports, Monitoring and Evaluation. The LTG shall monitor and evaluate the Program Activities and Grantee's use of Grant Award and Matching Contribution funds for compliance with the terms of this Grant Agreement and all applicable laws and administrative rules or regulations throughout the term of this Grant Agreement. Grantee. shall submit two written status reports to the LTG detailing (a) activities undertaken with Grant Award and Matching Contribution funds during the report period, and (b) actual costs to which Grant Award- and Matching Contribution funds have been applied. The first report shall cover the period from the Effective Date until 120 days thereafter, and the second report shall cover the next 120 day period. Each report shall be submitted no later than the last day of the month in which the reporting period ends. In lieu of either or both of these status reports, the LTG may elect to make a monitoring visit to the site of the Program Activities or to any location where records pertaining to the Program Activities may be found, provided that STATE OF ILLINOIS OFFICE OF THE LIEUTENANT GOVERNOR o rt N ,Z � O BOB KUSTRA LIEUTENANT GOVERNOR I December 17, 1991 The Honorable George VanDeVoorde Mayor City of Elgin 150 Dexter Court Elgin, I1. 60120 Re: Grant No. CB-92208 Dear Mayor VanDeVoorde: Upon recent review of the above mentioned grant agreement between the City of Elgin and the Lieutenant Governor's Office it has been determined that I neglected to initial the change in the form agreement at part II, paragraph 5, titled "Financial Management" . In order to prevent a misunderstanding, let this letter signify my formal agreement to strike the last sentence in part II, paragraph 5. Sincerely, OB KUST 214 STATE CAPITOL BUILDING • SPRINGFIELD, ILLINOIS 62706 • 217/782-7884 SOIC, SUITE 15-200 • 100 WEST RANDOLPH • CHICAGO, ILLINOIS 60601 • 312/814-5220 -4- advance written notice of the visit is given Grantee prior to the end of the reporting period. Grantee shall also- submit a final report, which shall outline the results and achievements of the Program Activities as compared -with the program objectives set forth at Exhibit B, no later than 30 days after the Ending Date. Grantee shall comply with any request made by the LTG for additional information, clarification or documentation on Program Activities, including, without limitation, requests made within 60 days of the LTG's receipt of Grantee' final report, and at all times maintain appropriate records pertaining to the Program Activities, including, without limitation, records of actual costs incurred, at a location which will afford the LTG reasonable access thereto during a monitoring visit. 5. Financial Management. Grantee is accountable for all funds received under this grant and agrees to substantially adhere to the budget which is attached hereto as "Exhibit D" (hereinafter the "Budget") , and by this reference made a part hereof, unless granted advance written permission by the LTG to depart therefrom. - In no event shall the line items of the Budget be changed by Grantee without prior written approval, from the LTG. Grantee shall maintain effective control and accountability over all Program Funds, and any equipment, property, and other assets acquired by purchase or lease with Program Funds, as required by the LTG. b s #e 0 6. Fiscal Recording/Reporting Requirements. The financial management systems employed with respect to Program Activities shall be structured to provide for accurate, current and complete disclosure of financial information in accordance with the Accounting Standards of the Financial Accounting Standards Board of the American Institute of Certified Public Accountants (AICPA) (June, 1984) . Furthermore, Grantee shall keep such additional records as the LTG may require to permit the tracing of funds to insure that they have not been spent unlawfully. 7. Property Records. Grantee agrees to maintain appropriate property records and periodically conduct and inventory of all equipment or nonexpendable personal property purchased or leased with Program Funds. Property and equipment so acquired must be used on the original Program Activities as long as needed. While being used in connection with Program Activities, such property and equipment may be made available for "shared use" with other activities, provided that such use will not interfere with its use for the Program Activities. When no longer needed for the original purpose, such property and equipment may be used for other projects. -5- 8. Interest on Grant Funds. In accordance with the Illinois Grant Funds Recovery Act (Ill. Rev. Stat. ch. 127, par. 2301 et seq. (1989) ) , all interest earned on funds held by Grantee under this Grant Agreement shall become part of the grant principal when earned. Any interest earned on any part of the Grant Award, and not expended as grant principal during the term of the Grant Agreement, shall be returned to the LTG in accordance with the provisions of Paragraph 9 of this Part, unless the LTG determines that the cost of accounting for the interest or allocating the interest to the grant principal is significant in comparison to the amount of interest earned. 9. - Return of Unobligated Funds. In accordance with the Illinois Grant Funds Recovery Act, Grantee shall, upon submission of the final report provided for at Part II, Paragraph 4 , or within 45 days of the expiration of this Grant Agreement, whichever occurs first, refund to the LTG any balance of funds which were unobligated as the Ending Date. PART III REPRESENTATIONS AND WARRANTIES Grantee represents and warrants as follows: 1. Illegal bribery or bidding activities. Grantee certifies that it has not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois, nor has Grantee made an admission of guilt of such .conduct which is a matter of record, nor has any official, agent, or employee of Grantee committed bribery or attempted bribery on behalf of the firm and pursuant to the direction or authorization of a responsible official of Grantee. Grantee further certifies that it has not been barred from bidding on or receiving State contracts as a result of illegal bid rigging or bid rotating as defined in the Criminal Code of 1961 (Ill. Rev. Stat. ch. 38, Par. 33E-3 and 33E-4 (1989) ) . 2 . Interests in Subcontracts. No natural person who is an officer, agent or employee of Grantee, no member of its governing body, nor any other public official of the locality in which any Program Activities will be carried out who exercises any functions or responsibilities in the review or approval of the performance or accomplishment of Program Activities, and no member of -6- any such person's immediate family nor any corporation, partnership nor association in which any such a person may possess a direct or indirect interest, has or shall (a) have any financial interest, direct or indirect, in any contract entered into in connection with Program Activities except as heretofore disclosed. to the LTG in writing, or (b) participate in any decision relating to any such contract which could potentially benefit his personal interest, the interest of any member of his immediate family or the interest of any corporation, partnership, or association in which that person is, directly or indirectly, interested_. 3 . Payment of Bonuses or Commissions. It has and shall not pay any bonus or commission for the purpose of obtaining approval of its application for grant funds under the Illinois Clean and Beautiful Program, or any other approval by any official or agency of the State of Illinois which is necessary in connection with carrying out the Program Activities. 4 . Bonding. Any. person with signature authority for Program Funds shall be bonded for not less than the amount of the Program Funds. 5. Liquidated Damages. For the violation of any of the representations and warranties contained in this Part; Grantee agrees to pay liquidated damages in a sum equal to the amount of the Grant Award. Alternatively, any such violation may result in the voiding of this Grant Agreement at the discretion of the LTG. PART IV MISCELLANEOUS PROVISIONS 1. Term of Agreement. This Grant Agreement shall remain in effect until all. of its terms and conditions have been satisfied, including compliance with any requests for additional information, clarification or documentation under Part II, Paragraph 4. 2 . Modification and Amendment of Agreement. This Grant Agreement is subject to modification as follows: a. Modifications by Operation of Law. This Grant Agreement is subject to such modifications as may be required by changes in State law or administrative rules and regulations. Any such modification shall -be incorporated into and be part of this Grant -7- Agreement as fully as if set forth herein and the agreement shall continue in full force and effect. The LTG shall notify Grantee of any such change in State law, rules or regulations as soon as practicable after learning of it, provided, however, that no knowledge of- any such change shall be imputed to the LTG as a result of knowledge possessed by any State official other than the officers or employees of the Office of the Lieutenant Governor. b. Other Modifications by LTG or Grantee. If either party desires to amend or modify the terms of this Grant Agreement other than as set forth in Subparagraphs 3 (a) or 4 (a) of this Part, written notice of the proposed amendment or modification shall be given to the other party. No amendment or modification shall be effective until. agreed to in writing by both' the LTG and Grantee, except that if the LTG gives Grantee notice of a proposed amendment or modification, the failure to object by Grantee- within thirty (30) calendar days shall be deemed accepted and agreed to by Grantee, and the proposed modification shall be deemed effective as of the date Grantee received notice of the proposed amendment or modification. 3 . Suspension. If the LTG believes that Grantee has failed to comply with any material term, conditions, representation or warranty of this Grant Agreement or with applicable administrative rules or regulations, the LTG may, upon notice to Grantee, suspend the grant and withhold further payments -or prohibit Grantee from incurring additional obligations of Program Funds, pending corrective action by Grantee or a decision to terminate in accordance with Paragraph 5 of this Part. The LTG may determine to allow such necessary and proper costs which Grantee could not reasonably avoid during the period of suspension, provided such costs were necessary and reasonable for the conduct of Program Activities. 4 . Termination. This Grant Agreement may be terminated as follows: a. Termination Due to Loss of Funding. Payments pursuant to this Grant Agreement are subject to the availability of Illinois Clean and Beautiful Program funds and their appropriation and authorized expenditure under State law. This Grant Agreement shall terminate in full or in part, at the discretion of the LTG, (i) in the event that the LTG suffers a loss of state appropriations necessary to fund in full or in part the Grant Award so that the LTG is unable to make payment to Grantee in -8- accordance with this agreement, or (ii) if any other eventuality should occur which in the opinion of the LTG requires a reduction in the Grant Award. In the event of termination under this subparagraph, the LTG shall give Grantee written notice which shall set . forth the reason for, and effective date of, full or partial termination. If the LTG elects to only terminate the Grant Agreement in part, he may also require modifications in the Budget as set forth in the notice of termination. b. Termination for Cause. If the LTG determines that Grantee has failed to comply with any material term, conditions, representation or warranty of this Grant Agreement or with applicable administrative rules or regulations, the LTG may at his discretion terminate the Grant Agreement in whole or in part at any time. The LTG shall promptly notify Grantee in writing of the determination to terminate, the reasons for such termination, and the effective date of the. termination. C. Termination for Convenience. The LTG or Grantee may terminate the Grant Agreement in whole or in part if the LTG and Grantee agree that continuation of the Program Activities would not produce beneficial results commensurate with the further expenditure of funds. The LTG and Grantee shall agree upon termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. Grantee shall not incur new obligations for the terminated portion after the effective date of the termination, and shall cancel as many outstanding obligations as possible. The LTG shall allow full credit to Grantee for the LTG's share of the non-cancelable obligations properly incurred by Grantee prior to termination. 5. Workers Compensation and Unemployment Insurance. Grantee shall provide Worker's Compensation insurance to the full extent required by law, and shall accept full responsibility for the payment of unemployment insurance, premiums for Worker's Compensation, Social Security, and retirement and health insurance benefits, as well as all income tax deductions and any other taxes or payroll deductions required by law for Grantee's employees who are performing services in connection with Program Activities. 6. Audit Reauirements. Grantee shall be responsible for having an annual audit of all grant records and such audit must be performed by an independent public accountant, certified and licensed by authority of the State of Illinois. The audit must be conducted in -9- accordance with generally accepted government auditing standards adopted by the American Institute of Certified Public Accountants (AICPA) (1981) . Grantee may secure an independent audit of its grant records in the same manner as it secures its regular audits, provided it provides for maximum open and free competition. The audit should be . conducted as part of Grantee's annual audit. Grantee shall provide the Lieutenant Governor with one copy of any portion of its- annual audit which pertains to records required to be audited under this Paragraph. In instances where the term of this Grant Agreement does not coincide with Grantee's fiscal year, multiple fiscal audit reports shall be forwarded to the LTG. 7. Access and Inspection of Records. Grantee shall as often as deemed necessary by the LTG or the Auditor General of the State of Illinois, or any of Auditor General of the State of Illinois, permit the LTG or the Auditor General, or any of their duly -authorized representatives, to have full access to any books, documents, papers and records pertaining to any transactions related to this Grant Agreement for three years from the date of submission of the final report required under Part II, Paragraph 4, or until all audit findings have been resolved, whichever is later. 8. Access and Inspection Required of Subcontractor. Grantee shall include in all contracts entered into in connection with this Grant Agreement a provision that the LTG or the Auditor General of the State of Illinois, or any of their duly authorized representatives, shall have full access to any books, documents, papers and records of any such contractor pertaining to transactions related to this Grant Agreement for three years from the date of submission of the final report required under Part II, Paragraph 4, or until all audit findings have been resolved, whichever is later. 9. Illinois Human Rights Act. Grantee agrees to comply with the Illinois Human Rights Act (Ill. Rev. Stat. ch. 68, s par. 1-101 et seq. (1989) ) . 10. Discrimination. In carrying out the program, Grantee shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Grantee shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color,. religion, sex, or national origin, and eliminate the effects of past discrimination. Such action shall include, but not be limited to the, the following: employment, upgrading_,_ demotion, or transfer; recruitment or recruitment advertising; layoff or termination; alteration of rates of pay or other forms of -10- compensation; and selection for training, including apprenticeship. Grantee shall post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Grantee shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 11. Publication, * Reproduction and Use of Material. The LTG shall have authority to publish, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this .Grant Agreement. Any publication produced under this Grant Agreement shall include on its title page the following statement: "This project was conducted with funds provided by the Lieutenant Governor of the State of Illinois under the Illinois Clean and Beautiful Program, but does not necessarily represent in whole or in part the viewpoint of the Lieutenant Governor or the State of Illinois. " 12 . State Not Liable. Grantee shall indemnify and save the State of Illinois harmless from any and all claims, demands, and actions based upon or arising out "of any services performed by it, its associates, officers agents or employees in connection with this Grant Agreement. 13 . Integration Clause. It is agreed between the parties that this Grant Agreement; with attachments, and as it may subsequently be amended or modified in accordance with Paragraphs 3 or 4 (a) of this Part, is the full and complete agreement between the parties and that there are no oral agreements or understandings between the parties other than that which has been reduced to writing or otherwise provided for herein. 14 . Severability Clause. If any provision under this agreement, or its application to any person(s) or circumstance(s) is held invalid by any court of competent jurisdiction, this invalidity shall not affect any other provision or application which can be given effect without the invalid provision or application. 15. Waivers. Grantee agrees that no waiver of any term, condition, representation or warranty ,of this Grant Agreement shall be enforceable against the LTG unless granted in writing, and that any such waiver shall not constitute a waiver of any other term, condition, representation or warranty contained herein_ or in any other agreement between the parties hereto. -11- 15. Transfer of Rights. This Grant Agreement shall be binding upon Grantee and any successors in interest, provided, however, that neither Grantee nor the Not-Fbr- Profit may assign or transfer its rights without the prior written consent of the LTG. CITY .OF E IN By: t 1"00, Name: Ge r V nDpVnnrdp gob Kustra Title: Mayor. City of Elgin Lieutenant Governor of the State of Illinois Certification Under penalties of perjury, I certify that 36-6005-862 is Grantee's correct Federal Taxpayer Identification Number, and that Grantee is doing business as a governmental entity. o Si d Pte V v SISIHxa AGREEMENT This Agreement made on August 15, 1991 between the City of Elgin and Elgin Proud and Beautiful regarding the administration of a Clean and Beautiful program under section 46.53 of the Civil Administrative Code, Ill. Rev. Stat. ch. 127, para. 46.53 as amended. 1. The City of Elgin shall provide to Elgin Proud & Beautiful, Inc. the sum of $ 6,000, consisting of a Clean and Beautiful Program Grant from the State of Illinois. Elgin Proud & Beautiful, Inc. shall obtain matching funds from local sources in the amount of $ 6,000. In accordance with the terms and conditions of the grant as set forth in the Grant Document, the form of which is attached hereto and. by this reference specifically incorporated herein and in accordance with any subsequent provisions, requirements and assurances promulgated by. the State of Illinois that may now or hereafter apply to said grant. 2. The City shall be obligated to provide said grant funds to Elgin Proud & Beautiful, Inc. only on the condition that said funds shall be available from the Lieutenant Governor. The non-availability of such grant funds shall cause this agreement to be terminated at the option of either party hereto or- the Lieutenant Governor of the State of Illinois. Should -the City receive less than the full amount anticipated in the Grant Document, and if neither the Lieutenant Governor nor either party exercises his/its option to terminate this Agreement within 14 days of being notified of the non-availability of funds, Elgin Proud & Beautiful, Inc. shall receive an amount under this Agreement which is reduced in proportion to the reduction in funds available to the City under the Grant Document. 3. The City of Elgin is not required to meet the match for this grant. Any funds left unmatched by Elgin Proud & Beautiful, Inc. at the end of this grant term will be returned to the State of Illinois. 4 . Elgin Proud & Beautiful, Inc. shall adhere to all the provisions, requirements and assurances set forth- in the Grant Document. Further, Elgin Proud & Beautiful, Inc. shall comply with any existing or subsequently enacted provisions or requirements promulgated by the Lieutenant Governor and applicable to the. grant. Failure shall cause this Agreement to be terminated at the discretion of the Lieutenant Governor. 5. Elgin Proud & Beautiful, Inc. , its officers, agents, employees and assigns agree to -hold the City and State of Illinois harmless from any and all liability, claims, damages and litigation arising from its operations and activities under the terms of this Agreement. 6. This Agreement _sha11 be binding upon Elgin Proud & Beautiful, Inc. and its assigns, except that Elgin Proud & Beautiful may not assign or transfer its rights without the. prior written consent of the City and the Lieutenant Governor. This Agreement shall inure to the benefit of the City, its successors and assigns. Page 2 Agreement 7. All federal and state laws in effect during the term of this Agreement, insofar as they are applicable, regardless of the date of enactment, shall be considered to be amendments hereto and as much a part of this Agreement as if fully set forth herein without any further action by the parties. S. This Agreement shall be governed by the laws of the State of Illinois. In the event that any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 9. Except as provided in paragraph 7 above, the terms and conditions of this Agreement may only be amended by written agreement of both parties with the prior written consent of the Lieutenant Governor. 10. It is agreed between the parties that this Agreement, with attachments and as written, is the full and -complete agreement between the parties and that there are no oral agreements or understandings between the parties other than that which has been reduced to writing herein. 11. The City represents that all information contained in the application for Clean and Beautiful Program Grant, as 'stated by the City and submitted to the statewide Clean and Beautiful Coordinator is correct and accurate. The parties hereto agree that any material misstatement may be considered a breach of the Grant Document, and may result in the voiding of this Agreement and/or the Grant Document at the discretion of the Lieutenant Governor. B Y• 8 cutive o dinato Mayor Elgin Proud & Beauti 1, Inc. Ci -of Elgin Attest: Secre ary/Treasurer City Clerk as outlined for the coming We will be working with of projects, assisting the ram into new areas k::�' rogram and pre-school :he Trash Bash, will) be held ital Council is assisting ►as also committed their he Trash Bash, we will thank stain Cleanup's Fourth EXFIIBIT B . :s, etc. he Elgin Youth Council. t of Elgin Community College hildren and parents. The recycyling. The program :are Department in arial for pre-school. accompanied by a teacher' s ided in teaching the unit. .eld testing of, these 191-192 school year. gin Area Chamber of .y to talk to people about d & Beautiful has had a We plan to again rent a and hold a contest, which th. Elgin Expo will be ing steadily. This year we 3t, we will help Elgin develop and implement a �. April is the target for :ice paper recycling by Our meeting will be held -ou" to our contributors. her heated discussion ture landfill site. We solution by hosting a KAB g trainers from the publicizing the event, ige builders to take been in development for ►ave the materials printed ng off the program by .g KAB Month in April. Page 2 Scope of Work We have begun producing a newsletter which helps to let people know - what is happening with Elgin Proud & Beautiful, as well as the state of recycling in Elgin. We plan to produce two issues within the next nine months. In order to obtain a professional look, we will have the set-up done by desktop publishing, and then have the newsletters printed. In order to draw public attention to our message, promotional items are an important part of our operation. We will be purchasing litter bags and possibly other items. These items will be distributed at the events mentioned above and at other events throughout the year. It is anticipated that by the end of the grant term, the residents of Elgin will know Elgin Proud & Beautiful to be involved in bettering Elgin. Our continuing cooperation with other groups will also help to enhance our image as an organization that is working to make Elgin proud and beautiful. ACTIVITY DATE Trash Bash September Youthfest Event September Annual Meeting November Begin Pilot of Pre-school Material January . Elgin Expo February KAB-County Workshop March Clean Builder Kick-off April Multi-family Recycling Pilot April Newsletters October, May J J 3 II9T SPECIAL GRANT CONDITION 1) The Grantee will provide a financial review, in lieu of an audit, of all Clean and Beautiful funds as well as matching funds that will be received throughout the grant period (September 15, 1991 - June 15, 1992) . s 4 ZISIAXH Grant Number CB-92208 BUDGET Illinois Clean -and Beautiful Funds Newsletter Elgin expo Clean Builder Program Advertising and Promotion Pre-school curriculum Trash bash Multi-family recycling KAB County wide training Annual meeting Youthfest $3, 240.00 Matching Funds $3 .240.00 Total $6, 480. 00 Grant Number CB-92208 SCOPE OF WORK The City of Elgin, on behalf of Elgin Proud and Beautiful will receive $3,240 for Newsletters, Elgin Expo, Clean Builder Program, Advertising and Promotion, Pre-school curriculum, Trash Bash, Multi-family recycling, KAB county wide training, annual meeting, Youthfest. The source of matching funds is Elgin Proud and Beautiful. The Illinois Clean and Beautiful program will provide $3,240 for the activities listed above and the matching source will also provide $3, 240. STATE OF ILLINOIS OFFICE OF THE LIEUTENANT GOVERNOR � f v $ � o m m` BOB KUSTRA LIEUTENANT GOVERNOR September 6, 1991 The Honorable George VanDeVoorde Mayor, City of Elgin 150 Dexter Court Elgin, Illinois 60120 Dear Mayor VanDeVoorde A copy of the grar local government and the Lieutenant Govev -re by the Chief elected official. . ? This � ,a re O i both parties of 9 the grant. lete information regarding yc. .,ature. In addition, plea ;horized Designation Form", which ide well as individuals authorized to sig., please make note of part three, paragraph fo. .rating to Bonding. Please return the signe. o: Lieutena jb Kustra State of inter 100 West Rai. , Suite 15-200 Chicago,. Illi;. is 60601 Attn: Jodi Dolan Upon execution of this agreement, a copy will be returned for your file. If you have any questions please contact Jodi Dolan at 312/814-5220. Sincerely, gbb�Kujtra 214 STATE CAPITOL BUILDING • SPRINGFIELD, ILLINOIS 62706 • 217/782-7884 SOIC, SUITE 15-200• 100 WEST RANDOLPH •CHICAGO, ILLINOIS 60601 •312/814-5220 Following are the instructions for providing the FEIN numbers: Enter your taxpayer identification number in the appropriate space. For individuals and sole proprietors, this is your social security number. For other entities, it is your employer identification number. Federal Employer Identification Numbers (FEIN's) must not be used for sole proprietorships. If you do not have a TIN, apply for one immediately. To apply, get form SS-5, Application for a Social Security Number Card (for individuals) from your local office of the Social Security Administration, or Form SS-4 , Application for Employer Identification Number (for businesses and all other entities) , from your local Internal Revenue Service office. To complete the certification if you do not have a TIN, fill out the certification indicating that a TIN has been applied for, sign and date the form, and return it to this agency. As soon as you receive your TIN, fill out another such form including your TIN, sign and date the form, and give it to this agency. If you fail to furnish your correct TIN to this agency, you are subject to an IRS penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Depository/Authorized Desigation Form Local Government City g of Elgin Grant Number CB-92208 1. The financial institution listed here will serve As depository for the Clean and Beautiful grant funds: First National Bank of Elgin 6 Fountain Square Plaza Elgin, IL 60120 Fund Account: 11-00-791 City of Elgin 2 . The following individuals are designated as authorized signators for the following purposes: Grant Award Document* Nam Mavor.,City of Elgin Titl Signat e Expenditure Summary and Payment Request Form* Martin Gregory Name Assistant Finance Director Title Signat e Withdrawals and/or any other transactions involving above-referenced Fund Account. *Use additional pages if . necessary Martin Gregory Name Assistant Finance Director Title Signature