Loading...
HomeMy WebLinkAbout02-332 Resolution No. 02-332 RESOLUTION AUTHORIZING EXECUTION OF A SUBRECIPIENT AGREEMENT WITH BETHESDA COMMUNITY DEVELOPMENT CENTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN ILLINOIS, that Olufemi Folarin, 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 Bethesda Community Development Center to provide income eligible families with the initial tuition down payment for the child' s day care costs, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: October 9, 2002 Adopted: October 9, 2002 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk • SUB-RECIPIENT AGREEMENT BETWEEN THE CITY OF ELGIN,AND BETHESDA COMMUNITY DEVELOPMENT CENTER B-17-02-MC-0011 THIS AGREEMENT is made and entered into this 25th day of September, 2002 by and between, BETHESDA COMMUNITY DEVELOPMENT CENTER, a not-for-profit corporation incorporated pursuant to the laws of the State of Illinois, (hereinafter referred to as the "Sub- recipient"),and the CITY OF ELGIN,Illinois,an Illinois municipal corporation,(hereinafter referred to as the "Grantee" or"City"). 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,as amended; and WHEREAS, Sub-recipient provides day care services to families whose income falls at or below 80%of the area median; and WHEREAS, Sub-recipient's Day Care facility is located at 454 Hickory Place, Elgin, IL 60120 (herein referred to as the"Building"); and WHEREAS,Grantee has determined it to be in its best interest to enter into this Agreement with Sub-recipient to assist Grantee in utilizing CDBG funds totaling $25,000.00 in 2002 CDBG Public Service funds to provide income eligible families with the initial tuition down payment for the child's day care costs. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby acknowledged,the parties hereby agree as follows: 1. Statement of Work A. Activities The Sub-recipient's performance of all the following activities must be performed in a satisfactory manner. Whether performance is satisfactory is determined by the Grantee in its sole discretion. Should Sub-recipient not perform in a satisfactory manner,including but not limited to adhering to the Project Schedule detailed in Section 1C, as solely determined by the Grantee,Grantee may terminate the Agreement and pursue any remedies provided by law including but not limited to suits for breach of contract,or for reimbursement of any and all money paid to Sub-recipient by Grantee. Sub-recipient shall provide services to families whose income falls at or below 80%of the area median income. Sub-recipient will be allocated a total of$25,000.00 in Program Year 2002-2003 CDBG funds to be used for the following; 1. Reimbursement of initial down-payment tuition assistance for income eligible families. 2. Other costs associated with the above activities as are consistent with the scope and intent of the PROJECT and are pre-approved by the Planning and Neighborhood Services Department. Prior to the expenditure of CDBG funds,the Sub-recipient shall meet with the Planning and Neighborhood Services staff to establish acceptable documentation and guidelines regarding requests for payment for the activities described in the Scope of Work. No CDBG payment will be made without the required documentation. Sub-recipient shall perform their activities in a manner satisfactory to Grantee and consistent with any standards required as a condition of providing these funds and shall comply with all applicable Federal, state, and local statutes, rules and regulations governing such CDBG funds and in accordance with the Project Schedule set forth in Section 1C herein. Such project will include the following activities eligible under the CDBG Program: Activity#1: The sub-recipient shall provide a Progress Report to the Planning and Neighborhood Services office each month, reporting on the number of children enrolled in the daycare in relation to the Project Schedule. The progress reports shall begin upon the signing of the Agreement and shall continue until the project is closed out. The sub-recipient shall use a form provided by the Planning and Neighborhood Services office and shall include all required information about the number of clients served each month(by race and the number of female headed households). Activity#2: Sub-recipient shall maintain records in accordance with Section 2 of this Agreement as required by the U.S. Department of Housing and Urban Development. B. Eligibility and National Objectives Bethesda Community Development Center certifies that the activities undertaken pursuant to this Agreement will be implemented in accordance with CDBG eligibility and national objectives criteria. Sub-recipient is eligible to receive CDBG funds pursuant to 570.208(a) (2)(i)(B). Public service is eligible for CDBG funding pursuant to 570.201 (e). Public services (including labor, supplies,and materials)including but not limited to those concerned with employment, crime prevention, child care, health, drug abuse, education, fair housing counseling, and energy conservation. The public service shall benefit low and moderate income families. Bethesda Community Development Center will need to provide documentation that at least 51% of the clients are low and moderate income households. Documentation will need to be provided showing family size and income(see exhibit A). C. Project Schedule Time is of the essence. Sub-recipient will be responsible for meeting the schedule deadlines listed below. Any milestone which the Sub-recipient does not achieve within two months of the date listed will result in the Sub-recipient submitting a revised implementation schedule for approval by the Planning and neighborhood Services staff. Failure to achieve these deadlines may result in the loss or reduction of grant funds. Milestones Date 1. 50%of funds expended as described in Section IA, 1-3 (claims submitted monthly 1/03 totaling 50%of funds) 2. 100%of funds expended as described in Section 1A, 1-3 (claims submitted monthly 9/25/03 totaling 100%of funds) 3. Clientele reports Submit monthly beginning 9/25/02 through project completion on 9/25/03. The reports are due on the first of each month thereafter as described in Section 1A, Activity 2. SUB-RECIPIENT shall complete the PROJECT by September 25,2003. SUB-RECIPIENT shall complete the PROJECT within twelve (12) months from the date of this Agreement. The SUB-RECIPIENT agrees by accepting the terms of this Public Service Agreement there will be no time extensions on this project. Budget 1. Sub-recipient expenditures are not to exceed the following budget as provided by the City of Elgin through the Community Development Block Grant Program: Line Item: Amount: Public service $25,000.00 Total Project Budget $25,000.00 2. For final payment work will have been performed in a satisfactory manner and in conformance with the contract. 2. Records and Reports A. Types and Schedules Sub-recipient certifies that it will make all records pertaining to this Agreement available to the Grantee, U. S. Department of Housing and Urban Development, Comptroller General of the United States, or any of their duly authorized representatives,until such time as they are no longer required under this Agreement. Sub-recipient shall maintain records to show actual time devoted and costs incurred, in relation to the project, and shall prepare and submit monthly progress reports which describe the work already performed and anticipated during the remaining time of the project,number of clients served,household size and income. Progress reports begin September 25,2002 thru September 25,2003.Progress reports are due at the beginning of each month. Upon fifteen (15) days notice from the City of Elgin, originals or certified copies of all income documentation on clients served, billings, and other documentation used in the preparation of said progress reports shall be made available for inspection, copying, or auditing by the City of Elgin at any time during normal business hours, at 150 Court,Elgin,Illinois. Sub-recipient will retain all records pertinent to this Agreement for one year from the date of this Agreement, starting September 25, 2002 and ending September 25, 2003. Invoices and Payments Grantee will maintain financial management of the program. Payments to contractor(s) will be processed by Grantee upon approval of Sub-recipient and after submittal of timesheets from contractors. 3. Uniform Administrative Requirements Sub-recipient certifies that they will comply with applicable administrative requirements as set forth in 24 CFR part 570.502 (b)(see Exhibit B). These specifically include: 1. OMB Circular A-110, "Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", implemented at 24 CRF Part 84 (see Exhibit C). 2. OMB Circular A-122 "Cost Principles for Non-Profit Organizations" (see Exhibit D). 3. OMB Circular A-133 "Audits of Institutions of Higher Education and Other Non-profit Institutions" (see Exhibit E). 4. Other Program Requirements Sub-recipient will conduct activities authorized under this Agreement in compliance with all Federal laws and regulations described in 24 CFR Part 570, Subpart K (see Exhibit F). They may not, however, assume Grantee's environmental responsibilities described at 570.604 or assume Grantee's responsibility for initiating reviews required pursuant to 24CFR Part 52 (see Exhibit G). The applicable laws and regulations include: 570.600 General. 570.601 Public Laws 88-352/90-284; affirmatively furthering fair housing; Exec. Order 11063. 570.602 Section 109 of the Act. 570.603 Labor Standards. 570.604 Environmental Standards. 570.605 National Flood Insurance Program. 570.606 Displacement,relocation, acquisition,and replacement of housing. 570.607 Employment and contracting opportunities. 570.608 Lead-based paint. 570.609 Use of debarred, suspended, or ineligible contractors or sub-recipients. 570.610 Uniform administrative requirements and cost principles. 570.611 Conflict of interest. 570.612 Executive Order 12372. 570.613 Eligibility restrictions for certain resident aliens. 5. Suspension and Termination of Agreement This Agreement may, in accordance with the provisions of 24 CFR Part 85.43, be suspended or terminated by Grantee if Sub-recipient materially fails to comply with any term of this award. The award may also be terminated for convenience,in writing,by either Grantee or Sub-recipient,pursuant to 24 CFR Part 85.44,providing a minimum of 30 days prior notice. The Sub-recipient shall repay to the Grantee all funds used for ineligible activities, further described below. 6. Reversion of Assets In the event the services identified in 1. Statement of Work of this Agreement or other eligible services for low and moderate income individuals are no longer provided at the Buildings due to actions by Bethesda Community Development Center,Bethesda Community Development Center shall reimburse the U.S.Department of Housing and Urban Development or the City for all CDBG funds expended for the public service activities made with CDBG funds in an amount equal to 6.7%for the one year term of the agreement. The compliance period begins on the date of this agreement. This provision shall not be construed as limiting the Grantee from asserting any claims against Bethesda Community Development Center for the breach of any other terms of this Agreement. Upon project completion as specified in 1. Statement of Work, any remaining CDBG project funds shall be available for reallocation by the Grantee to another eligible CDBG project. If Sub-recipient materially fails to comply with any term of this award,the Sub-recipient shall repay to the Grantee all funds used for ineligible activities. A minimum of 51%of the persons served on an annual basis shall be at or below 80%of the Median Family Income contained in Exhibit A in order for the Sub-recipient to maintain eligibility for the CDBG funds provided for herein. Said income levels shall be updated and revised annually to conform to levels set by the U. S.Department of Housing and Urban Development. Failure to meet the aforementioned minimum 51%threshold shall require Sub-recipient to reimburse Grantee for funds expended, in whole or in part, for building improvements. 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 Sub-recipient and Grantee. 7. Indemnification To the fullest extent permitted by law,Sub-recipient agrees to indemnify,defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments,costs,attorney's fees,damages or other relief arising out of or resulting from or through or alleged to arise out of any reckless or negligent acts or omissions of Sub-recipient's officers,employees or agents in the performance of this Agreement. In the event of any action against the City,its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. 8. Severability The terms of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement are deemed to be void or otherwise enforceable for any reason, the remainder of this agreement shall remain in full force and effect. 9. Independent Contractor Status This Agreement shall not be construed so as to create a partnership,joint venture,employment or other agency relationship between the parties. 10. Choice of Law This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 11. No Personal Liability No official, director, officer, agent or employee of the City shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. Period of Applicability This Agreement will be in full force and effect from September 25,2002 through September 25,2003. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year written above. CITY OF ELGIN By: • Olufemi Folarin • Interim City ana Attest: ce-eih4,•...(9._ ',1�•. Dolonna Mecum City Clerk Bethesda Community Development Center :- : ......—, _ ---- M James/. Marks Director �.{OF E�Ci City of Elgin Agenda Item No. CIL E L r August 23 , 2002 Tr4re' QUALITY HOUSING TO: Mayor and Members of the City Council FROM: Olufemi Folarin, Interim City Manager SUBJECT: Bethesda Community Development Center Community Development Block Grant Sub-Recipient Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information regarding the Sub- Recipient Agreement between the City of Elgin and Bethesda Community Development Center. BACKGROUND Bethesda Community Development Center is a not-for-profit organization providing affordable childcare for low-income families in the Elgin area. The center is located at 453 Fremont Street, Elgin, IL. Bethesda Community Development Center applied for Community Development Block Grant (CDBG) funds in 2002 . The funding was approved by the City Council in March, 2002 and implemented into the 2002 Annual Updated Action Plan. The plan was submitted to HUD and approved in May of 2002 . Bethesda Community Development Center was allocated a total of $25, 000 in CDBG funds from the 2002 Program Year. The funds will be utilized to provide initial down-payment tuition assistance for income eligible families . At a minimum, fifty- one percent (51%) of the households served will be low and moderate income households at or below eighty percent (80%) of the Median Family Income limits established by HUD. Illik CDBG - Bethesda August 23, 2002 Page 2 Upon approval of the Sub-recipient Agreement by the City Council, Bethesda Community Development Center will be ready to begin implementing the project . City staff will be meeting with Bethesda during this time frame to discuss project guidelines . The project will be completed within twelve months . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . /1 FINANCIAL IMPACT Sufficient funds are budgeted and available ($25, 000) to enter into this agreement in the CDBG Program Year 2002 , Professional Services Miscellaneous, account number 230-0000-791 . 30-99, project number 154055 . \I\NLEGAL IMPACT None. ALTERNATIVES 1 . Approve the attached Sub-Recipient Agreement . 2 . Do not proceed with the Sub-Recipient Agreement at this time. RECOMMENDATION It is recommended that the City Council approve the Sub- Recipient Agreement between the City of Elgin and Bethesda Community Development Center in the amount of $25, 000 . Respectfully submitted, Olufemi Fo arin Inter' y Manager OF/ac Attachement