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HomeMy WebLinkAbout97-207 Resolution No. 97-207 RESOLUTION AUTHORIZING EXECUTION OF A SUBRECIPIENT AGREEMENT WITH THE YWCA OF ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Malm, Interim City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Subrecipient Agreement on behalf of the City of Elgin with the YWCA of Elgin for building rehabilitation, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: August 13, 1997 Adopted: August 13, 1997 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk SUBRECIPIENT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YWCA OF ELGIN THIS AGREEMENT is made and entered into this i ? day of August, 1997 , by and between the YWCA OF ELGIN, an Illinois not-for-profit organization, (hereinafter referred to as the "Subrecipient" ) and the CITY OF ELGIN, Illinois, a municipal corporation, (hereinafter referred to as the "Grantee" ) . WHEREAS, Grantee has applied for and received funds from the United States Government pursuant to Title I of the Housing and Community Development Act of 1974 , Public Law 93-383; and WHEREAS, Subrecipient operates a facility for the physical, mental and social well-being of women and their families through it 's programs, services, classes and events located at 220 East Chicago Street in Elgin, Illinois (hereinafter referred to as "Facility" ) ; and WHEREAS, the Subrecipient lacks the capital to undertake all needed repairs to the Facility; and WHEREAS, Grantee has determined it to be in its best interests to enter into this agreement with Subrecipient to assist the Subrecipient in repairing the Facility. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows : I. SCOPE OF SERVICE Subrecipient and Grantee shall develop specifications for building rehabilitation work to be accomplished at Facility. The specifications developed shall be reviewed and approved by both parties hereto. Bids on the specified work shall be solicited by Grantee. The completed rehabilitation work shall be approved by Subrecipient, in writing, prior to payment by Grantee. Subrecipient shall not unreasonably withhold such approval . The Subrecipient shall provide semi-annual reports to the Grantee documenting the services and programs provided at the Facility. Said reports are to include overall Facility revenues and expenditures in order for the Subrecipient to maintain eligibility for the CDBG funds provided herein. Failure to provide said reports shall require the Subrecipient to reimburse the CDBG Program or Grantee for funds expended for the rehabilitation work to the YWCA of Elgin facility. All documentation shall be available for inspection by Grantee and representatives of the U.S . Department of Housing & Urban Development. Changes in the scope of services, budget, or method of compensation contained in this Agreement, unless otherwise noted, may only be made through a written amendment to this Agreement, executed by the Subrecipient and Grantee. II. PERFORMANCE MONITORING Grantee shall monitor, at a minimum, on an annual basis the performance of the Subrecipient regarding the goals and performance standards contained herein. Substandard performance as determined by the Grantee shall constitute a material breach of this agreement. If action to correct such substandard performance is not taken by the Subrecipient within 30 days after being notified by the Grantee, the Grantee may terminate this agreement, and may pursue any remedies provided herein or by law. III . TIME OF PERFORMANCE The useful life of the building improvements is estimated to be five (5) years . Based upon life expectancy, the use of said improvements shall be reported on by Subrecipient and monitored by Grantee for a five year period from the date of this agreement. Purchase of all building rehabilitation work shall be completed within twelve ( 12 ) months from the date of execution of this agreement. IV. PAYMENT It is expressly agreed and understood that the total amount of CDBG funding to be provided for the YWCA of Elgin building rehabilitation under this agreement shall not exceed $200,000 . Grantee shall provide payment to architects, engineers, vendors and contractors after work completion and upon approval of the rehabilitation work by the Subrecipient as provided herein. Payments may be contingent upon certification of the Subrecipient ' s financial management system in accordance with the standards specified in OMB Circular A-110, a copy of which is attached hereto and made a part hereof as Exhibit "A" . 2 V. NOTICES Communication and notices shall be directed to the following representatives : City of Elgin YWCA of Elgin Veronica Bell, Associate Planner Carol Elias, Director 150 Dexter Court 220 E . Chicago St. Elgin, IL 60120 Elgin, IL 60120 ( 847 ) 931-5913 (847 ) 742-7930 VI. SPECIAL CONDITIONS Subrecipient shall comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development, (attached hereto and made apart hereof as Exhibit "B" ) , regulations concerning Community Development Block Grants and all federal regulations and policies issued pursuant to these regulations . The Subrecipient shall utilize funds under this agreement to supplement rather than supplant funds otherwise available. VII. GENERAL CONDITIONS A. General Compliance Subrecipient agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this agreement. B. Independent Contractor Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer or employee between the parties hereto. The Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this agreement. Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Worker' s Compensation Insurance as the Subrecipient is an independent Subrecipient. C. Hold Harmless Subrecipient shall hold harmless, defend and indemnify Grantee from and against any and all claims, actions, suits, charges and causes of action, which may arise out of or in connection with, or alleged to have arisen out of or in connection with, Subrecipient ' s negligent or reckless performance or nonperformance of the services or subject matter called for in this agreement. 3 D. Worker' s Compensation Subrecipient shall provide Worker' s Compensation Insurance coverage for all employees involved in the performance of this agreement. E. Insurance and Bonding Subrecipient shall carry sufficient insurance coverage to reasonably protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to payments to be received from the Grantee. Subrecipient shall comply with the bonding and insurance requirements of OMB Circular A-110, Bonding and Insurance (see Exhibit "A" ) . F. Grantor Recognition Subrecipient shall ensure recognition of the role of Grantee in providing services through this agreement. All activities, facilities and items utilized pursuant to this contract shall be prominently labeled as to funding source. In addition, Subrecipient shall include a reference to the support provided herein in all publications made possible with funds made available pursuant to this contract. G. Amendments Grantee or Subrecipient may amend this Agreement at any time, provided that such amendments make specific reference to this Agreement, are executed in writing, signed by a duly authorized representative of the parties hereto, and approved by the Elgin City Council . Such amendments shall not be construed to invalidate this Agreement, nor relieve or release Subrecipient from its obligations under this Agreement. Grantee may, in its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, polices and available funding amounts or for other reasons . If such amendments result in a change in the funding, scope of services, or schedule of activities to be undertaken as part of this Agreement, such modifications shall be incorporated only by a written amendment signed by both Grantee and Subrecipient. Subrecipient shall cooperate in the execution of any and all documents necessary to effect such amendments at the sole discretion of Grantee. 4 H. Suspension or Termination Either party may terminate this contract at any time by giving written notice to the other of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. Partial terminations of the Scope of Service may only be undertaken with the prior approval of Grantee. In the event of any termination, all finished or unfinished documents, data, studies, surveys, maps, models photographs, reports or other materials prepared by Subrecipient under this agreement shall, at the option of Grantee, become the property of Grantee, and Subrecipient shall be entitled to receive just and equitable compensation only to the extent provided by the availability of funds as provided herein, for any satisfactory work completed on such documents or materials prior to the termination. Grantee may also suspend or terminate this Agreement, in whole or in part, if Subrecipient materially fails to comply with any term of this Agreement, or with any of the laws, rules, regulations or provisions referred to herein; and Grantee may declare Subrecipient ineligible for any further participation in Grantee contracts, in addition to other remedies as provided by law. In the event that there is probable cause to believe the Subrecipient is in noncompliance with any applicable laws, rules or regulations, the Grantee may withhold up to fifteen ( 15) per cent of said Agreement funds until such time as the Subrecipient is found to be in compliance by the Grantee, or is otherwise adjudicated to be in compliance. VIII . ADMINISTRATIVE REQUIREMENTS A. Financial Management Subrecipient agrees to comply with OMB Circular A-110, (see Exhibit "A" ) , and agrees to adhere to the accounting principals and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principals for Non-Profit Organizations" , a copy of which is attached hereto and made a part hereof as Exhibit "C" , for all costs incurred whether charged on a direct or indirect basis . B. Records and Reports Subrecipient shall provide the following reports and documentation: 5 1) Subrecipient shall provide the Grantee with semi-annual reports on the number of persons served by the YWCA of Elgin. Said reports shall include monthly number of persons served, the average fee charged for services and programs, organizations utilizing the facility, any rehabilitation work problems, any other information as may be required by the Grantee. 2) Subrecipient shall retain all records pertinent to the YWCA of Elgin participation and expenditures incurred under this contract for a period of five (5) years from the date of this agreement. 3) Grantee understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of Grantee' s or Subrecipient' s responsibilities with respect to services provided under this agreement is prohibited unless written consent is obtained from such person receiving the service. 4 ) Subrecipient shall maintain real property inventory records which clearly identify properties purchased with the allocated Grantee Community Development Block Grant funds . 5) Subrecipient' s obligations to the Grantee shall not end until all close out requirements are completed. Activities during this close out period shall include, but are not limited to making final payments; completion of all required reporting; disposing of program assets (return of unspent cash advances, unused materials and program income balances) and determining custodianship of records . 6 ) All Subrecipient records with respect to any matters covered by this agreement shall be made available to Grantee and the U.S . Department of Housing and Urban Development at any time during normal business hours, as often as Grantee or the U.S. Department of Housing and Urban Development deems necessary to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports shall be fully satisfied by Subrecipient within thirty ( 30) days after receipt of notice of such deficiencies by Subrecipient. Failure of Subrecipient to comply with the above audit requirements shall constitute a material breach of this agreement and may result in the withholding of future payments by Grantee. Subrecipient hereby agrees to have an annual agency audit conducted in compliance with any relevant requirement of the Single Audit Act or other audit requirements as applicable. 6 C. Program Income There should be no Program Income generated from this activity. However, if Program Income is generated, any such income shall be returned to the Grantee. D. Uniform Administrative Requirements Subrecipient hereby agrees to comply with the uniform administrative requirements contained in 24 CFR, Part 570 at 570 . 502, a copy of which is attached hereto and made a part hereof as Exhibit "D" . E. Subrecipient shall maintain an inventory record(s) of all personal property and materials that may be procured with funds as provided for herein. All program assets shall revert to Grantee upon termination of this contract or upon discontinuation of the YWCA of Elgin prior to August 1, 2002 . If the subject property is sold within 5 years from the date of this agreement or the YWCA ceases to operate the Facility, the Grantee shall be reimbursed by the Subrecipient for all expenditures related to equipment and building rehabilitation improvements made with Community Development Block Grant funds under this agreement. Subrecipient shall procure materials in accordance with the requirements of OMB Circular A-110, Procurement Standards, and shall subsequently follow Attachment N, Property Management Standards, covering utilization and disposal of property. IX. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights 1) Subrecipient shall comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 109 of Title I of the Housing and Community Development Act of 1974 , Section 504 of the Rehabilitation Act of 1973, the American with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246 as amended by Executive Orders 11375 and 12086 . 2) Subrecipient shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability, or other handicap, age, marital status, or status with regard to public assistance. Subrecipient shall take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, 7 transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 3) Subrecipient agrees to comply with any federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706 ) which prohibits discrimination against the handicapped in any federally assisted program. Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this contract upon request. Failure of Grantee to provide such guidelines shall not relieve the Subrecipient of the obligation to comply with the terms of such guidelines . B. Affirmative Action 1) Subrecipient shall carry out an Affirmative Action Program in compliance with City of Elgin Ordinance No. G19-93 Amending Chapter 3 . 12 of the Elgin Municipal Code. The Subrecipient agrees to comply with Chapter 3 . 12 . 100-Affirmative Action-City contract attached hereto and made a part hereof as Exhibit "E" . 2) Subrecipient shall use its best efforts to offer minority and women owned business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this agreement, the term "minority and female business enterprise" means a business at least fifty-one (51) per cent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans and American Indians . 3) Subrecipient shall furnish all information and reports required hereunder and shall permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4) Subrecipient shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker' s representative of the Subrecipient ' s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 8 5) Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. 6) Subrecipient shall include the provisions of Paragraphs VII A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions shall be binding upon each subSubrecipient or vendor. C. Employment Restrictions 1) Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program provided herein for political, sectarian, religious, lobbying, political patronage, and nepotism activities . 2) Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous or dangerous to the participant ' s health or safety. 3) Participants employed or trained for inherently dangerous occupations shall be assigned to work in accordance with reasonable safety practices . 4 ) Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours, the Safety Standards Act, the Copeland "Anti-Kickback" Act and all other applicable federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this contract. The Subrecipient shall maintain documentation which demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property designed for residential uses for less than eight ( 8)• households, all contractors engaged under contracts in excess of $2, 000 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this contract, shall comply with federal requirements of the regulations of the Department of Labor, under CFR 29, Parts 3, 1, 5, and 7 governing the payment of wages and ratio of apprentices and trainees to journeymen; provided, that if wage rates higher than those required under the regulations are imposed by or local law, nothing hereunder is intended to 9 relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph, for such contracts in excess of $10 , 000 . 5) Compliance with the provisions of Section 3, the regulations set forth in 214 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the federal financial assistance provided under this contract and binding upon Grantee, Subrecipient and any subSubrecipients, their successors and assigns, to those sanctions specified by the agreement through which federal assistance is provided. Subrecipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this agreement: "The work to be performed under this contract is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 . Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the areas of the project. " Subrecipient warrants and agrees that no contractual or other disability exists which would prevent compliance with the aforementioned requirements . Subrecipient shall send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker' s representative or its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. Subrecipient shall include the aforementioned Section 3 clause in every subcontract and shall take appropriate action pursuant to the subcontract upon a finding that the subSubrecipient is in violation of regulations issued by Grantor Agency, Subrecipient shall not subcontract with any subSubrecipient where it has notice or knowledge that the latter has been found in violation of regulations under CFR 24 135 and shall not let any subcontract unless the subSubrecipient has first provided it with a preliminary statement of ability to comply with the requirements of these regulations . 10 D. Conduct 1) Subrecipient shall not assign or transfer any interest in this contract without prior written consent of Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval . Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2) Subrecipient agrees that no funds provided, nor personnel employed under this contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V United States Code. 3) Subrecipient agrees to abide by the provisions of 24 CFR 570 . 611 with respect to conflicts of interest, and warrants and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this contract. Subrecipient further warrants and covenants that in the performance of this contract no person having such a financial interest shall be employed or retained by Subrecipient hereunder. These conflict of interest provisions apply to any person who is an employee, agent consultant, officer, or elected official or appointed official of Grantee, or of any designated public agencies or subrecipients which are receiving funds under the CDBG entitlement program. 4 ) Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documents evidence of follow up actions taken to correct areas of noncompliance. Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this agreement. Subrecipient shall ensure that all subcontractor let in the performance of this agreement shall be awarded on a fair and open competition basis . Executed copies of all subcontracts shall be forwarded to Grantee along with documentation concerning the selection process . 11 5) Subrecipient agrees that funds provided under this contract shall not be utilized for religious activities, to promote religious interest, or for the benefit of a religious organization in accordance with the federal regulations specified in 24 CFR 570 .200( j ) . X. ENVIRONMENTAL CONDITIONS Subrecipient shall comply with the following regulations insofar as they apply to the performance of this contract: 1) Clean Air Act, 42 U.S .C. 1857 , et seq. 2 ) Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq. , as amended at 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. 3) Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. , Part 50, as amended. 4) National Environmental Policy Act of 1969 . 5) HUD Environmental Review Procedures (24 CFR, Part 58) . 6) Subrecipient shall comply with the requirements of the Flood Disaster Protection Act of 1973 (P.L.-2234) in regard to the sale, lease or other transfer of land acquired, cleared or improved under the terms of this contract, as it may apply to the provisions of this contract. 7 ) Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966 , as amended 16 U. S.C. 470 and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protect of Historic Properties, insofar as they apply to the performance of this contract. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty (50) years or older or that are included on a Federal, State, or local historic property list. The terms and provisions of this Agreement shall be severable. In the event that any of the terms or provisions of this agreement shall be deemed void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. 12 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first written above. CITY 0 , a municipal corps at on / 1 / R•b= t O. Malm Int-rim City Manager Attest: City Clerk YWCA OF ELGIN, an Illinois not-for-profit corporation By (1 -----t-- �_ � Carol Elias Executive Director 13 Agenda Item No. - i a — City of Elgin ->jlVh. '11!111\�' ; 1 July 11, 1997 TO: Mayor and Members of the City Council FROM: Robert 0. Malm, Interim City Manager SUBJECT: Subrecipient Agreement with the YWCA of Elgin PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a subrecipient agreement with the YWCA of Elgin (220 E. Chicago Street) . BACKGROUND The 1997 Community Development Block Grant (CDBG) Program provided funds to the YWCA of Elgin for Building Rehabilitation. The attached subrecipient agreement provides $200,000 for building rehabilitation to the facility. Included are repair and replacement of sections of the pool deck area, the piping systems and conduit and wiring within the tunnel area beneath the pool, asbestos removal, new fire alarm system, emergency lighting, locker replacement, pool handicap accessibility, roof repairs and other exterior repairs . The attached agreement has been reviewed by the Legal Department and the YWCA of Elgin. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED YWCA of Elgin. FINANCIAL IMPACT lThe amount of dollars set aside in CDBG funds totals $200,000 . Account Numbers 230-0000-791. 30-99 (Miscellaneous and Professional Services at $25,000. ) and 230-0000-791.93-36 (Buildings/Structures at $175,000. ) and Project Number 154306 will be charged. eft' LEGAL IMPACT 010None. Subrecipient Agreement with YWCA of Elgin July 11, 1997 Page 2 ALTERNATIVES A subrecipient agreement is required by federal regulation when $25, 000 or more in Community Development Block Grant funds is committed. RECOMMENDATION It is recommended that the Mayor and City Council authorize the attached subrecipient agreement. If authorized, a resolution authorizing execution of the agreement will be prepared for the August 13, 1997 regular meeting of the City Council . Respectfully submitted, ‘C%'0011a44/ :?fL • Roger K. Dahlstrom D . -c ••r of Planning �*+ Robe t 0. Malm Interim City Manager VRB/vb emb-