Loading...
HomeMy WebLinkAbout12-97 f Resolution No. 12-97 RESOLUTION AUTHORIZING ACCEPTANCE OF ILLINOIS EMERGENCY MANAGEMENT AGENCY GRANT AGREEMENT (Citizen Corps Program) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that the City of Elgin, Illinois hereby accepts the Illinois Emergency Management Agency grant agreement in an amount not exceeding$4,000 for administering the Citizen Corps Program,a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that David J. Kaptain, Mayor, is hereby authorized and directed to execute all documents necessary in conjunction with the subject grant program. s/David J. Kaptain David J. Kaptain, Mayor Presented: June 13, 2012 Adopted: June 13,2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk IA ELGIN THE CITY IN THE SUBURBS- Date: July 3, 2012 To: Karen Flanagan, Coordinator Emergency Management From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 12-97,Adopted at the June 13, 2012, Council Meeting Enclosed you will find the agreement listed below. Please have these agreements signed and executed by the Illinois Department of Transportation and return one fully executed copy to the City Clerk's office for the City's records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. Acceptance of Illinois Emergency Management Agency Grant Agreement(Citizen Corps Program) 1 1 I - �1 Illinois ltt�ergenq tvtanr,Sriciant �r +' ,�1or �r 7gls�nR,p1Cc NOTICE OF GRANT AGREEMENT PART I-Notice of Grant Award to City of Elgin This Grant Agreement is made and entered into by and between the Illinois Emergency Management Agency(Grantor), 2200 South Dirksen Parkway, Springfield, Illinois 62703, and City of Elgin (Grantee), 151 Douglas Avenue, Elgin, Illinois 60120. WHEREAS this Grant is to utilize funds from the Department of Homeland Security(DHS), Federal Fiscal Year 2011 Homeland Security Grant Program,Urban Area Security Initiative,CFDA#97.067. THEREFORE, the Grantor is hereby making available to the Grantee the amount not exceeding $4,000.00 for the period from January 1,2012,to December 31,2012. The Grantee hereby agrees to use the funds provided under the agreement for the purposes set forth herein and agrees to comply with all terms and conditions of this agreement and applicable grant guidance. This period of award may be amended by the Grantee if there is a delay in the release of these funds from the Federal Government or reasonable delays in the completion of the activities outlined in Part III — Scope of Work. It is agreed between the parties that the agreement, as written, is the full and complete agreement between the parties and that there are no oral agreements or understanding between the parties other than what has been reduced to writing herein. This Grant Agreement and attachments constitute the entire agreement between the parties. PART II-Term The term of this Grant Agreement shall be from January 1,2012,to December 31,2012. PART III-Scope of Work During the grant period,funds received by the Grantee will be utilized by the Grantee to administer the Citizen Corps Program. 22Q0 5,Dtr isi" Fats w8y p�m �e�1ti#l flols-�� ,t 3'ii l h i t :Tti6 �`tzl MQWi a4ilftrois d�v e terl y i i4 trkokootikotaro dflr bib or wekii i r The Budget Detail Worksheet, provided in Attachment A, outlines the costs required by the Grantee to complete the Scope of Work(Part III)for this project and expenditures for which the Grantee will seek reimbursement. The Grantor will only reimburse those expenditures that are specifically listed in the Budget Detail Worksheet. Each Budget Detail Worksheet submitted by the Grantee and approved by the Grantor shall be considered an authorized budget and an attachment of this Grant Agreement. The Discipline Allocation Worksheet, provided in Attachment B,outlines the discipline specific expenditure allocation classification listed in the Scope of Work (Part III). The Grantee must submit to the Grantor the updated Discipline Allocation Worksheet with each revised Budget Detail Worksheet and as outlined in Part V—Reports. The Project Implementation Worksheet,provided in Attachment C,provides a detailed description of the scope of work to be performed using funds received through this Agreement,including a list of specific sequential milestones that will be accomplished by the Grantee. These milestones will allow the Grantor to measure progress of the Grantee in achieving the goal of the project. PART IV-Compensation Amount The total compensation and reimbursement payable by the Grantor to the Grantee shall not exceed the sum of $4,000.00. PART V-Terms and Conditions All of the requirements listed in this section apply to the federally funded project. The Grantee agrees to include these requirements in each contract and subcontract financed in whole or in part with Federal assistance. STANDARD ASSURANCES: The Grantee assures that all allocations and use of funds will be in accordance with applicable grant guidance and application kits. The Grantee assures that it will comply with all applicable federal statutes, regulations, executive orders, and other federal requirements in carrying out any project supported by federal funds. The Grantee recognizes that federal laws, regulations, policies, and administrative practices may be modified from time to time and those modifications may affect project implementation. The Grantee agrees that the most recent federal requirements will apply to the project. FISCAL FUNDING: The Grantor's obligations hereunder shall cease immediately,without penalty or further payment being required, in any year for which the General Assembly of the State of Illinois fails to make an appropriation sufficient to pay such obligation or the U.S. Department of Homeland Security, Federal Emergency Management Agency, Grants Programs Directorate (DHS FEMA GPD) fails to provide the funds. The Grantor shall give Grantee notice of such termination for funding as soon as practicable after Grantor becomes aware of the failure of funding. Grantee's obligation to perform work shall cease upon notice by Grantor of lack of appropriated funds. EQUIPMENT: Grantor reserves the right to reclaim or otherwise invoke the Illinois Grant Funds Recovery Act on any and all equipment purchased by grantee with grant funds if said equipment has fallen into neglect or misuse according to the standards and policies of the Grantor. Additionally, Grantee may not substitute, exchange or sell any equipment purchased with grant funds unless Grantee has the express written consent of the Grantor. The Grantee agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." 2011 Grant Agreement Federal Fiscal Grant Year 2011 —City of Elgin 1 I CCPELGIN Page 2 of 11 METHOD OF COMPENSATION: The Grantee will submit to the Grantor a vendor invoice or computer generated report with description of costs, including statement of payment for personnel costs and affirmation or evidence of delivery and property identification numbers for property subject to Grantor policies and procedures, in order to receive compensation through this agreement. The method of compensation shall be reimbursement in accordance with the invoice voucher procedures of the Office of the State of Illinois Comptroller. The Grantee agrees to maintain appropriate records of actual costs incurred and to submit expenditure information to the Grantor. No costs eligible under this Grant Agreement shall be incurred after December 31,2012. The Grantee must submit a final Budget Detail Worksheet,Discipline Allocation Worksheet, and Project Implementation Worksheet to the Grantor within 30 days after the expiration of the Grant Agreement. The Grantee also agrees that funds received under this award will be used to supplement,but not supplant,state or local funds for the same purposes. ACCOUNTING REQUIREMENTS: The Grantee shall maintain effective control and accountability over all funds, equipment, property, and other assets under this Grant Agreement as required by the Grantor. The Grantee shall keep records sufficient to permit the tracing of funds to ensure that expenditures are made in accordance with this Grant Agreement. The Grantee must follow the retention and access requirements for records [44 CFR part 13.42 (b) and 2 CFR 215.531]. All records must be maintained for three years after submission of the final expenditure report; or if any litigation, claim or audit is started before the expiration of the three-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. All sub-grants issued by the Grantee to this Agreement in excess of$25,000.00 must be approved by the Grantor. The Grantee shall assure sub-grants are in compliance with 44CFR Part 13.37. The Grantee shall comply with the most recent version of the Administrative Requirements and Cost Principles, as applicable. A non-exclusive list of regulations commonly applicable to the DHS FEMA GPD grants are listed below: A. Administrative Requirements 1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2. 2 CFR Part 215,Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,Hospitals,and Other Non-Profit Organizations(OMB Circular A-I 10) B. Cost Principles 1. 2 CFR Part 225,Cost Principles for State,Local and Indian Tribal Governments(OMB Circular A-87) 2. 2 CFR Part 220,Cost Principles for Educational Institutions(OMB Circular A-21) 3. 2 CFR Part 230, Cost Principles for Non-Profit Organizations(OMB Circular A-122) 4. Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations Funds received by the Grantee must be placed in an interest-bearing account and are subject to the rules outlined in 6 CFR Part 9, Restrictions Upon Lobbying, 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments; and 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements(Including Subawards)with Institutions of Higher Education,Hospitals and other Non-profit Organizations. DUPLICATION OF BENEFITS: The Grantee may not duplicate any Federal assistance, per 2 CFR Part 225, Basic Guidelines Section C.3 (c), which states: Any cost allocable to a particular Federal award or cost objective under the principles provided for in this Authority may not be charged to other Federal awards to overcome fund deficiencies,to avoid restrictions imposed by law or terms of the Federal awards,or for other reasons. However,this prohibition would not preclude the Grantee from shifting costs that are allowable under two or more awards in accordance with existing program agreements. Non-governmental entities are subject to this prohibition per 2 CFR Parts 220 and 230 and FAR Part 31.2. 2011 Grant Agreement Federal Fiscal Grant Year 2011 —City of Elgin 11 CCPELGIN Page 3 of 11 REPORTS: The Grantee shall submit to the Grantor throughout the stated performance period the following documentation: (1) amount of funding received, obligated and expended for activities outlined in the Scope of Work and(2) Budget Detail Worksheet and Discipline Allocation Worksheet(Attachment A and B described in Part III— Scope of Work). The Grantee further agrees to provide to the Grantor, upon the request, other project information for which funding is received through this Agreement to support the completion of other federal and state reporting requirements. The documentation is due within 15 days after the end of the reporting period (July 15 for the reporting period of January 1 through June 30 and January 15 for the reporting period of July 1 through December 31). For Agreements with a compensation amount equal to or greater than $25,000.00, the Grantee shall provide a quarterly update of the Project Implementation Worksheet to the Grantor within fifteen (15) business days after March 31, June 30, September 30, and December 31 throughout the performance period of the agreement. The Grantee will submit to the Grantor, evidence the Grantee has complied with DHS FEMA GPD documentation and reporting requirements as outlined in the appropriate grant guidance and policies of the Grantor that govern the use of training and/or exercise funds. Grantees must submit via Web-Forms to the Grantor, within 30 days after attendance in training, all training not provided by DHS FEMA GPD, but supported with federal preparedness funds. Exercises conducted with federal grant funds must be National Incident Management System (NIMS)compliant and be managed and executed in accordance with the Homeland Security Exercise and Evaluation Program(HSEEP)and policies of the Grantor. Additionally, the Grantee must submit to the Grantor within 45 days of the exercise a final After Action Report/Improvement Plan. LOBBYING: The Grantee certifies to the best of his or her knowledge and belief that for each contract for federal assistance exceeding$100,000: (a) No federally appropriated funds have been or will be paid by or on behalf of the Grantee to any person to influence or attempt to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress regarding the award of federal assistance or the extension continuation, renewal, or amendment, of federal assistance, or the extension, continuation,renewal,amendment,or modification of any federal assistance agreement;and (b) If any funds other than federally appropriated funds have been or will be paid to any person to influence or attempt to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any application for federal assistance, the Grantee assures that it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," (c) The language of this certification shall be included in the award documents for all subawards at all tiers (including subcontracts,sub grants,and contracts under grants,loans,and cooperative agreements). AUDITS AND INSPECTIONS: The Grantee will, as often as deemed necessary by the Grantor, DHS FEMA GPD or any of their duly authorized representatives, permit the Grantor, DHS FEMA GPD or any of their duly authorized representatives to have full access to and the right to examine any pertinent books,documents,papers and records of the Grantee involving transactions related to this grant agreement for three years from the date of submission of the final Budget Detail Worksheet or until related audit findings have been resolved, whichever is later. The Grantee certifies that all audits submitted under the provisions of OMB Circulars A-133,Audits of States,Local Governments,and Non- Profit Organizations, have been approved by the Grantor. The Grantee acknowledges that these are federal pass- through funds that must be accounted for in the jurisdiction's Single Audit under the Single Audit Act of 1996, if required. 2011 Grant Agreement Federal Fiscal Grant Year 2011 —City of Elgin 11 CCPELGIN Page 4 of 11 MODIFICATION AND AMENDMENT OF THE GRANT: This grant agreement is subject to revision as follows: A. Modifications may be required because of changes in State or Federal laws, regulations, or Federal grant guidance as determined by the Grantor. Any such required modification shall be incorporated into and will be part of this Agreement. The Grantor shall notify the Grantee of any pending implementation of or proposed amendment to such regulations before a modification is made to the Agreement. B. Modifications may be made upon written agreement of both Grantor and Grantee. TERMINATION FOR CONVENIENCE: This agreement may be terminated in whole or in part by the Grantor for its convenience, provided that, prior to termination, the Grantee is given: 1)not less than ten (10) calendar days written notice by certified mail, return receipt requested, of the Grantor's intent to terminate, and 2) an opportunity for consultation with the Grantor prior to termination. In the event of partial or complete termination of this agreement pursuant to this paragraph,an equitable adjustment of costs shall be paid to the Grantee for expenses incurred under this agreement prior to termination. TERMINATION FOR BREACH OR OTHER CAUSE: The Grantor may terminate this agreement without penalty to the Grantor or further payment required in the event of: A. Any breach of this agreement that,if it is,susceptible of being cured,is not cured within 15 calendar days after receipt of the Grantor's notice of breach to the Grantee. B. Material misrepresentation or falsification of any information provided by the Grantee in the course of any dealing between the parties or between the Grantee and any State Agency. Grantee's failure to comply with any one of the terms of this Grant Agreement shall be cause for the Grantor to seek recovery of all or part of the grant proceeds. RETENTION OF PROPERTY RECORDS: Grantee agrees to maintain records for equipment, non-expendable personal property, and real property. If any litigation, claim, or audit is started before the expiration of the three-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. NON-DISCRIMINATION: In carrying out the program, the Grantee will comply with all applicable Federal Statutes relating to nondiscrimination including,but not Iimited to: • Title VI of the Civil Rights Act,42 U.S.C.2000d,which prohibits discrimination on the basis of race,color, or national origin; • Title DC of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 through 1683, and 1685 through 1687,and U.S.DOT regulations,"Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance", 49 CFR Part 25, which prohibit discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, as amended,29 U.S.C. 794, which prohibits discrimination on the basis of handicap; • The Age Discrimination Act of 1975, as amended 42 U.S.C. 6101 through 6107, which prohibits discrimination on the basis of age; • The Drug Abuse Office and Treatment Act of 1972, Pub. L. 92-255, March 21, 1972, and amendments thereto,21 U.S.C. 1174 et seq. relating to nondiscrimination on the basis of drug abuse; • The Comprehensive Alcohol Abuse and Alcoholism Prevention Act of 1970, Pub. L. 91-616, Dec. 31, 1970,and amendments thereto,42 U.S.C.4581 et seq. relating to nondiscrimination on the basis of alcohol abuse or alcoholism; • The Public Health Service Act of 1912, as amended, 42 U.S.C. 290dd-3 and 290ee-3, related to confidentiality of alcohol and drug abuse patient records; 2011 Grant Agreement Federal Fiscal Grant Year 2011 —City of Elgin 11 CCPELGIN Page 5 of 11 • Title VIII of the Civil Rights Act,42 U.S.C. 3601 et seq.,relating to nondiscrimination in the sale,rental,or financing of housing; • The Americans with Disabilities Act of 1990,as amended and 42 U.S.C. 12101 et seq.; • Any other nondiscrimination provisions in the specific statutes under which Federal assistance for the project may be provided including, but not limited, to 49 U.S.C. 5332, which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity,and Section 1101(b)of the Transportation Equity Act for the 21st Century, 23 U.S.C. 101 note,which provides for participation of disadvantaged business enterprises in FTA programs;and • Any other nondiscrimination statute(s)that may apply to the project. The Grantee shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color,religion, sex,national origin, ancestry, age,physical or mental handicap unrelated to ability,marital status,or unfavorable discharge from military service. Such action shall include, but not be limited to,the following: employment,upgrading,demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Grantee shall post in conspicuous places, available to employees and applicants for employment,_ notices to be provided by the Government setting forth the provisions of this non-discrimination clause. SEVERABILITY CLAUSE: If any provision under the Grant Agreement or its application to any person of circumstance is held invalid by any court of competent jurisdiction,this invalidity does not affect any other provision or its application of the Grant Agreement which can be given effect without the invalid provision or application. DEBARMENT:The Grantee shall comply with Debarment provisions as contained in 49 Code of Federal Regulations, Part 29, including Appendices A and B as amended. The Grantee certifies that to the best of its knowledge and belief, Grantee and Grantee's principals: a)are not presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from covered transactions by any federal Agency or agency; b) within a three-year period preceding this Agreement have not been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain or performing a public (federal,state or local)transaction or contract under a public transaction,violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records making false statements receiving stolen property; c)are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal, state, or local)with commission of any of the offences enumerated in subsection(b),above;d)have not within a three- year period preceding this Agreement had one or more public transactions(federal,state,or local)terminated for cause or default. The inability of the Grantee to certify to the certification in this section will not necessarily result in denial of participation in the Agreement. The Grantee shall submit an explanation of why it cannot provide the certification in this section. This certification is a material representation of fact upon which reliance was placed when the Grantor determined whether to enter into this transaction. If it is later determined that Grantee knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the Grantor may terminate this Agreement for cause. The Grantee shall provide immediate written notice to the Grantor if at any time the Grantee learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms"covered transaction,""debarred," "suspended,""ineligible,""lower ger covered transaction,""participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this section shall have the meaning set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. The Grantee agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized, in writing,by the Grantor.The Grantee agrees that it will include the clause titled"Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier Covered Transaction" provided by the 2011 Grant Agreement Federal Fiscal Grant Year 2011—City of Elgin 11CCPELGIN Page 6 of 11 Grantor, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. The Grantee may rely upon a certification of a prospective participant in a lower tier covered transaction, unless Grantee knows the certification is erroneous. Grantee may decide the method and frequency by which it. determines the eligibility of its principals.The Grantee may,but is not required to,check the Non-procurement List.If a Grantee knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation, in addition to other remedies available to the federal government, the Grantor • may terminate this Contract for cause or default. WORKER'S COMPENSATION INSURANCE, SOCIAL SECURITY,RETIREMENT AND HEALTH INSURANCE BENEFITS, AND TAXES: The Grantee shall provide worker's compensation insurance where the same is required, 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 employees of the Grantee who are performing services specified by the grant agreement. WAIVERS: No waiver of any condition of this Agreement may be effective unless in writing from the Director of the Grantor. BOYCOTT:The Grantee certifies that neither it nor any substantially-owned affiliated company is participating or shall n rticipate in an international boycott in violation of the provisions of the U.S.Export Administration Act of 1979 or the regulations of the U.S.Department of Commerce promulgated under that Act. WORK PRODUCT: The Grantee acknowledges DHS FEMA GPD and State of Illinois reserve a royalty-free, non exclusive, and irrevocable license to reproduce,publish, or otherwise use, and authorize others to use, for Federal and State purposes:(1)the copyright in any work developed under an award or sub-award;and(2)any rights of copyright to which a recipient or sub-recipient purchases ownership with Federal support. The Grantee agrees to consult with DHS FEMA GPD, through the Grantor, regarding the allocation of any patent rights that arise from, or are purchased with, this funding. All publications created through this grant agreement shall prominently contain the following statement: "This document was prepared under a grant from the Federal Emergency Management Agency's Grant Program Directorate (FEMA/GPD)within the U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA/GPD, the U.S. Department of Homeland Security or the State of Illinois." MAINTENANCE AND REVIEW OF EQUIPMENT: The Grantor reserves the right to reallocate or repossess all equipment procured by the Grantee under this grant agreement if the property is not properly maintained by the Grantee according to the manufacturer's guidelines and Grantor's requirements. All equipment procured by the Grantee through this grant agreement shall be made available for review by the Grantor upon request. POSSESSION OF EQUIPMENT: Title to equipment acquired by a non-Federal entity with Federal awards vests with the Grantee. Equipment means tangible nonexpendable property, including exempt property, charged directly to the award having a useful life of more than one year and an acquisition cost of$5,000 or more per unit. However, consistent with a non-Federal entity's policy, lower limits may be established. A Grantee shall use, manage, and dispose of equipment acquired under a Federal grant in accordance with Federal and State laws, procedures and policies. All equipment purchased with funding received through this Agreement shall be used,for the entire useful life of the equipment, in accordance with the purpose stated in PART III—Scope of Work. Any variation to the intended use of the equipment outlined in PART III—Scope of Work by the Grantee must be approved in writing by the Grantor. 2011 Grant Agreement Federal Fiscal Grant Year 2011 —City of Elgin 11 CCPELGIN Page 7 of 11 LIABILITY: The Grantor assumes no liability for actions of the Grantee under this agreement, including, but not limited to,the negligent acts and omissions of Grantee's agents,employees, and subcontractors in their performance of the Grantee's duties as described under this agreement. In addition, the Grantor makes no representations, or warrantees, expressed or implied, as to fitness for use,condition of,or suitability of said equipment purchased pursuant to this agreement, except as those representations are made by the manufacturer of said equipment. As to nature and condition of said equipment, in the use of said equipment, the Grantee agrees to hold the Grantor harmless for any defects or misapplications. To the extent allowed by law,the Grantee agrees to hold harmless the Grantor against any and all liability, loss, damage, cost or expenses,including attorney's fees,arising from the intentional torts,negligence, or breach of the agreement by the Grantee, with the exception of acts performed in conformance with an explicit, written directive of the Grantor. ENVIRONMENTAL AND HISTORIC PRESERVATION (EHP) COMPLIANCE: The Grantee shall not undertake any project having the potential to impact Environmental or Historical Preservation(EHP)resources without the prior approval of DHS FEMA GPD, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings, structures and objects that are 50 years old or greater. The Grantee must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation,the Grantee must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered,the Grantee will immediately cease construction in that area and notify IS FEMA GPD and the appropriate State Historic Preservation Office. Any construction activities that have been initiated without the necessary EHP review and approval will result in the non-compliance finding and will not be eligible for DHS FEMA GPD funding. AMERICANS WITH DISABILITIES ACT(ADA): The Grantee understands the importance of integrating disability access and functional needs efforts into local homeland security and emergency preparedness programs. This integration should occur at all levels from planning,to purchasing equipment and supplies,to conducting exercises and drills and should involve disability inclusion experts as partners across all aspects of emergency planning. PART VI—Assurances The Grantee assures that no official or employee of the Grantee who is authorized in the Grantee's official capacity to negotiate,make,accept,or approve,or to take part in such decisions regarding a contract for acquisition/development of property in connection with this agreement, shall have any financial or other personal interest in any such contract for the acquisition/development. The Grantee shall permit the Grantor, the Auditor General, or the Attorney General to inspect and audit any books, records,or papers related to the program,project,or use for which grant funds were provided. The Grantee certifies under oath that all information in the grant agreement is true and correct to the best of the Grantee's knowledge, information, and belief; that the funds shall be used only for the purposes described in the Agreement;and that the award of grant funds is conditioned upon such certification. The Grantee will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. The Grantee assures that no federal employees will receive funds under this award. Federal employee are prohibited from serving in any capacity(paid or unpaid)on any proposal submitted under this program. The Grantee shall not use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law,regulation or policy,at any level of government,with out the express prior written 2011 Grant Agreement Federal Fiscal Grant Year 2011 —City of Elgin 11 CCPELGIN Page 8 of 11 approval of the Grantor. The Grantee may not be delinquent in the repayment of any federal debt, including but not limited to delinquent payroll or other taxes,audit disallowances,and benefit overpayments. The Grantee assures that any public works project supported with funds received through Agreement employ at least 90 percent Illinois' laborers on such project during periods of excessive unemployment in Illinois. "Public works" is defined as any fixed work construction or improvement for the State of Illinois,or any political subdivision of the State funded or financed in whole or in part with State funds or funds administered by the State of Illinois. "Period of excessive unemployment" is defined as any month immediately following two consecutive calendar months during which the level of unemployment in the State of Illinois has exceeded five percent. The Grantee will comply with grant program guidance applicable to this agreement and all applicable requirements of all other State and Federal laws, executive orders, regulations governing this program, and policies and procedures promulgated by the Illinois Terrorism Task Force prior to or during the performance period of this agreement. If applicable, Grantee assures that all cost sharing or matching funds claimed against FEMA meet the requirements of the program guidance and/or program regulations, 44 CFR 13 and 2 CFR 225. Costs must first be reasonable, allowable, allocable, and necessary, and every item must be verifiable (i.e. tracked and documented). Except as provided by federal statute,a cost sharing or matching requirement may not be met by costs borne by another Federal grant. The Grantee agrees that funds utilized to establish or enhance state and local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines and achievement of a baseline level of capability as defined by the Fusion Capability Planning Tool. PART VII-Certification The Grantee certifies that it has fully implemented all current National Incident Management System compliance activities in accordance with Homeland Security Presidential Directive 5(HSPD-5),Management of Domestic Incidents and related compliance documentation provided by the Secretary of Homeland Security and State of Illinois. The Grantee further certifies that all required compliance documentation is on file with the appropriate Federal and State entity as required by the State of Illinois throughout the performance period of this agreement. The 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 any official,agent, or employee of the Grantee committed bribery or attempted bribery on behalf of the Grantee and pursuant to the direction or authorization of a responsible official of the Grantee. The Grantee hereby certifies that it has not been barred from bidding on or receiving State or local government contracts as a result of illegal bid rigging or bid rotating as defined in the Criminal Code of 1961 (720 ILCS 5/33E-3 and 33E-4). The Grantee certifies that it will comply with all applicable State and Federal laws and regulations. The Grantee certifies that to the extent applicable, grantee will comply with the Davis-Bacon Act, as amended, 40 U.S.C.3141 et seq.,the Copeland"Anti-Kickback"Act,as amended, 18 U.S.C. 874, and the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. 3701 et seq., regarding labor standards for federally assisted sub agreements. 2011 Grant Agreement Federal Fiscal Grant Year 2011 --City of Elgin 11 CCPELGIN Page 9 of 11 The Grantee certifies that it will return to the Grantor all State or Federal grant funds that are not expended or received from the Grantor in error. The Grantee agrees that all funds remaining at the expiration of the period of time the funds are available for expenditure or obligation by the Grantee shall be returned to the Grantor within 45 days, if applicable. The Grantor may recapture those funds in accordance with State and Federal laws and regulations. The Grantee further certifies that its failure to comply with any one of the terms of this Grant Agreement shall be cause for the Grantor to seek recovery of all or part of the grant proceeds. The Grantee certifies that it will establish safeguards to prohibit employees,contractors,and subcontractors from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Under penalties of perjury,I certify that 36-6005862 is my correct Federal Taxpayer Identification Number and that IRS Instructions have been provided for proper completio n n of this certification. Th e Grantee has filed with the Internal Revenue Service as a(please check one): _Individual Real Estate Agent Sole Proprietorship X Governmental Entity Partnership Tax Exempt Organization(IRC 501(a)only) Corporation Trust or Estate Medical and Health Care Services Provider Corporation Part VIII-Drug Free Certification This certification is required by the Drug Free Workplace Act(30 ILCS 580). The Drug Free Workplace Act,effective January 1, 1992, requires that no Grantor or contractor shall receive a grant or be considered for the purposes of being awarded a contract for the procurement of any property or services from the State unless that Grantor or contractor has certified to the State that the Grantor or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of the contractor or grant and debarment of contracting or grant opportunities with the State for at least one (1)year but not more than five(5)years. For the purpose of this certification, "Grantor" or "contractor" means a corporation, partnership, or other entity with twenty-five (25) or more employees at the time of issuing the grant, or a department, division, or other unit thereof, directly responsible for the specific performance under a contract or grant of$5,000 or more from the State. The contractor/Grantor certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance,including cannabis,is prohibited in the Grantor's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will: (A) Abide by the terms of the statement;and (B) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5)days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the Grantor's or contractor's policy of maintaining a drug free workplace; (3) any available drug counseling,rehabilitation,and employee assistance programs;and 2011 Grant Agreement Federal Fiscal Grant Year 2011 —City of Elgin 11 CCPELGIN Page 10 of 11 (4) the penalties that may be imposed upon an employee for drug violations (c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the Grantor within ten(10) days after receiving notice under part(B)of paragraph(3) of subsection (a)above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is so convicted,as required by section 5 of the Drug Free Workplace Act. (f} Assisting employees in selecting a course of action in the event drug counseling,treatment, and rehabilitation are required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized representatives. Grantor: IL Emergency Management Agency Grantee: of Elgin By: By: Jonathon E.Monken,Director David Ka n, yor DATE: DATE: June 13, 2012 By: Lisa M.Desai,Assistant to the Director 11CCPELGIN 2011 Grant Agreement Federal Fiscal Grant Year 2011 —City of Elgin 11 CCPELGIN Page 11 of 11 2011 Homeland Security Grant Program - Citizen Corps Program Attachment A: Grantee Contact Information Grantee City of Elgin FISCAL YEAR ENDING DECEMBER 31, 2012 FEIN 36-6005862 DUNS# 10224772 Individual _Not-for-profit Corporation X Sole Proprietorship Medical and Health Care Tax Exempt Organization Check Box as Certified T with IRS (877/829-5500) Partnership _Services Provider Corporation ( IRC 501(a) only) Corporation Real Estate Agent Trust or Estate Programmatic Contact for the Grant Grantee's Legal Authorized Representative Point of Contact Karen Flanagan Signatory Authority David Kaptain Title Coordinator Emergency Management Title Mayor Office Phone 847 289 2533 Office Phone 847 931 5592 Email Address flanagan k a(�cityofelgin.orq Email Address mayor(a�cityofelgin.orq - Address for Grant Correspondence Address for Reimbursements(if different than Grant Address) Grant Street Address 151 Douglas Ave. Police Department Remittance Address Same Grant City Elgin Remittance City Same Grant State IL Remittance State ; Same Grant Zip Code 60120 Remittance Zip Code Same Legislative Districts Benefiting from Grant —43rd U.S. House of Representatives District(s) _14th Illinois House District 22nd Illinois Senate OR Statewide 2011 Grantee Contact Information(10/12/11) 2011 Homeland Security Grant Program-Citizen Corps Program Attachment A: Federal Funding Accountability and Transparency Act(FFATA) Please read and answer the following questions: 1.In your organization's preceding completed fiscal year,did your organization receive 1)80 percent or more of your annual gross revenues in U.S.Federal contracts,subcontracts,loans,grants, subgrants,and/or cooperative agreements;and 2)$25,000,000 or more in annual gross revenues from U.S.Federal contracts,subcontracts,loans,grants,subgrants,and/or cooperative agreements? 2.If you answered yes above,does the public have access to information about the compensation of the executives in your organization through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U S C.78m(a),78o(d))or section 6104 of the Internal Revenue Code of 1986? If you answered"Yes"to question#1 and"No"to question#2,please provide the names and compensation amounts for the five most highly compensated executives in your organization. Executive#1--Name: Compensation Amount Executive#2--Name: Compensation Amount Executive#3—Name: Compensation Amount: Executive#4--Name: Compensation Amount: Executive#5--Name: Compensation Amount 2011 Homeland Security Grant Program - Citizen Corps Program Budget Narrative Please provide a budget narrative; use your budget detail worksheet to refer to items in this narrative. The City of Elgin covers just over 25 sq miles. The call out area for the CERT Team can range from 25 -40 miles with the acquisition of more land. The Elgin CERT Team uses a call chain when they have been called out to assist. The CERT team has 75 active members, which makes the call chain in efficient and the average response time over 30 minutes. By subscribing to a mass text,dispatch system, it should improve average response time by at least 15 minutes. END END END END END END End of Narrative Area END END END END END 2011 Homeland Security Grant Program - Citizen Corps Program Total Grant $ 4,000.00 Amount Attachment A: Budget Detail Worksheet Grantee Name City of Elgin Date Nov 17 2011 Line Project/Investment Category Description of Product/Services EHP Quantity Unit Price Total Cost ,(YorN 1 #8 Equipment AEL#: 04HW-01-INHW Hardware, Computer, N 1 $ 1,250.00 $ 1,250.00 2 #8 Laptop for Volunteer Management Team $ - 3 #8 Equipment AEL Number: 06CC-02-PAGE N 1 $ 250.00 $ 250.00 4 #8 AEL Title: Services/Systems, Paging $ - $ - 5 #8 Equipment Hi Visibility Traffic Shirts $ - $ - 6 #8 AEL Number: 01ZA-06-VEST N 25 $ 61.00 $ 1,525.00 7 #8 AEL Title: Vest or Outer Garment, High-visibility $ - $ - 8 #8 Planning Public Outreach Materials $ - $ 975.00 9 #8 AEL Number: 21GN-00-CCEQ $ - $ - 10 #8 AEL Title: Equipment, Citizen Corps $ - $ - 11 #8 $ - $ - 12 #8 $ - $ - 13 #8 $ - $ - $ 4,000.00 Investment Legend Category Legend #8 -Community and Citizen Preparedness and Participation Planning Equipment(Provide AEL Item#) Training Exercises M&A 2011 Homeland Security Grant Program - Citizen Corps Program Attachment A: Budget Detail Worksheet Grantee City of Elgin Date 11 EHP Line Investment Category Description of Product/Services (YorN Quantity Unit Price Total Cost 1 $ 2 #8 Equipment AEL#: 04HW-01-INHW Title: Hardware, Computer, Integrated N 3 $ 1,250.00 $ 3,750.00 Laptops for Volunteer Management Team 3 Equipment AEL Number:06CC-02-PAGE N 1 $ 250.00 $ 250.00 AEL Title: Services/Systems, Paging 4 $ 5 $ 6 $ 4,000.00 AEL Website https://www.rkb.us/mel.cfm?filter=filter&subtypeid=549&CCP=1 Please use this direct link as it is already filtered specifically for the Citizen Corps Program. EHP Note Yes=if there is green box on the equipment item chosen in the AEL No=if there is NOT a green box on the equipment item chosen in the AEL 2011 Homeland Security Grant Program: Citizen Corps Program submission date. 11-17-2011 Attachment B: Discipline Allocation Worksheet Grant Name: Discipline (1) Discipline (2) Discipline (3) Emergency Total Jurisdiction Name: City of Elgin Management Planning Developing hazard/threat-specific annexes that incorporate the range of prevention, protection, response, and recovery $ - $ - $ - $ - activities Developing and implementing homeland security support $ $ $ $ programs and adopting ongoing DHS national initiatives Developing related terrorism prevention activities $ - $ - $ - $ - Developing and enhancing plans and protocols $ - $ - $ - $ - Developing or conducting assessments $ - $ - $ - $ - Hiring of full- or part-time staff or contractors/consultants to assist with planning activities (not for the purpose of hiring $ $ $ $ public safety personnel fulfilling traditional public safety duties) Conferences to facilitate planning activities $ - $ - $ - $ - Materials required to conduct planning activities $ 975.00 $ - $ - $ 975.00 Travel/per diem related to planning activities $ - $ - $ - Overtime and backfill costs (lAW operational Cost Guidance) $ $ $ $ Other Project Areas with Prior Approval from FEMA $ - $ - $ - $ - Activities to achieve planning inclusive of people with $ disabilities $ - $ - $ - Planning Sub-total $ 975.00 $ - $ - $ 975.00 Equipment (AEL List Found at https://www.rkb.us/mel.cfm?filter=filter&subtypeid=5498,grantlist=08,grantlist=258970 ) Personal Protective Equipment(PPE) (01) S 1,525.00 $ - $ - $ 1,525.00 CBRNE Operational Search and Rescue Equipment(03) $ - $ - $ - $ - Information Technology (04) $ - $ - $ - lnteroperable Communication (06) $ 1,250.00 $ - $ - $ 1,250.00 Decontamination (08) $ - $ - $ - $ - Medical (09) $ - $ - $ - $ - Power (10) $ - $ - $ - $ - CBRNE Incident Response Vehicles (12) $ - $ - $ - $ - CBRNE Logistical Support Equipment(19) $ - $ - $ - $ - Other Authorized Equipment (21) $ 250.00 $ - $ - $ 250.00 Equipment Sub-total $ 3,025.00 $ - $ - $ 3,025.00 Training Overtime and backfill for emergency preparedness and response personnel attending FEMA-sponsored and $ - $ - $ - approved training classes S _ Overtime and backfill expenses for part-time and volunteer emergency response personnel participating in FEMA $ - $ - $ - $ - training Training Workshops and Conferences $ - $ - $ - Activities to achieve training inclusive of people with $ disabilities $ - $ - $ - Full-or part-time staff or contractors/consultants $ - $ - $ _ $ - Travel $ - $ - $ - $ - Supplies $ - $ - $ - Tuition for higher education $ - $ - $ - $ - Other Items $ - $ - $ - $ - Training Sub-total $ - $ - $ - $ _ Exercises Design, Develop, Conduct and Evaluate an Exercise $ - $ - $ - $ - Exercise Planning Workshops $ - $ - $ - $ - Full-or part-time contractors/consultants $ - $ - $ - $ - Overtime and backfill costs, including expenses for part-time and volunteer emergency response personnel participating in FEMA exercises $ - $ - $ - $ - Implementation of HSEEP $ - $ - $ - $ - Activities to achieve exercises inclusive of people with disabilities $ - $ - $ - Travel S - $ - $ - $ - Supplies $ - $ - $ - $ - Other Items $ - $ - $ - $ - Exercises Sub-total $ - $ - $ - $ - Grand Total $ 4,000.00 $ - $ - I $ 4,000.00 Disciplines Legend (must use in columns B, C, & D) Agriculture Cyber Security Emergency Management Emergency Medical Services (Non-Fire) Emergency Medical Services (Fire) Fire Service Government/Administration Health Care HAZMAT Law Enforcement Not-for-Profit Organizations Public Health Public Safety Communications Public Works Regional Transit None Helpful Hints: This information is always based on your most current and approved budget detail worksheet in Attachment A. Only answer the questions in the section that you allocated funds to in your budget detail worksheet. Equipment codes: the first two numbers shown on the AEL is what category to be used on this form.The total has to add up to the total amount in your budget detail worksheet.This is budget information only, not how much you have expended! _ 2011 CCP Discipline Allocation Worksheet(August 30,2011) 2011 Homeland Security Grant Program-Citizen Corps Program Attachment C: Project Implementation Worksheet Grantee Name City of Elgin Project Name Citizen Corps Program Date 11/17/2011 Narrative Description of Project In the box below,provide a detailed description of the project(Scope of Work),including a maximum of four specific,measurable outcomes(outputs)that will be achieved at the conclusion of the period of performance. Outcome#1 Improve response time for CERT call outs Outcome#2 Conduct 4 CERT Basic courses Outcome#3 Conduct 12 CERT II training meetings Outcome#4 Conduct 3 community outreach fairs Project Milestones In the boxes below, rovide a maximum of six,se uential milestones to su Estimated Milestone p q pport the Outcomes that will be achieved throughout the project. Completion Date Milestone#1 Purchase subscription to dispatching system 2/29/2012 Milestone#2 Purchase laptop for Administrator of dispatching system 1/31/2012 Milestone#3 Partner with American Red Cross for sheltering exercise 7/31/2012 Milestone#4 Complete Fire Rehab Training for CERT II members 2/29/2012 Milestone#5 Host Fire Safety Fair at Elgin Fire Department 10/31/2012 Milestone#6 Conduct employee tabletop exercise for Emergency Management Committee 2/29/2012 Updates For grant agreements exceeding$25,000,provide a quarterly update on the Outcomes listed(including changes in the Milestones). Quarterly updates shall be provided within fifteen days after March 31,June 30,September 30,and December 31 throughout the project performance period.For those grants under$25,000,provide a final update at the end of the performance period. 12/31/2012 Scope of Work Worksheet(8/26/11) • • 1 lik REPORT TO MAYOR & MEMBERS OF CITY COUNCIL E L( I N THE CITY IN THE SUBURBS- AGENDA ITEM: C MEETING DATE: May 23, 2012 ITEM: Acceptance of the Illinois Emergency Management Agency/ Department of Homeland Security Urban Area Security Initiative Grant Program for the Purchase of Community Emergency Re- sponse Team Supplies ($4,000 grant) OBJECTIVE: Provide an efficient means for dispatching and tracking volunteers during callouts when re- quested by police and fire, as well as to provide supplies and materials to the Community Emergency Response Team. RECOMMENDATION: Accept grant opportunity from the Illinois Emergency Management Agency for the purchase of Community Emergency Response Team supplies. BACKGROUND Citizen Corps is coordinated nationally by the Department of Homeland Security's Federal Emergency Management Agency. This group was organized with the objective of providing a coalition of citizen based volunteers specifically trained to assist during public safety emergen- cies within local communities. The Elgin Community Emergency Response Team/Citizen Corps (CERT) was formed in 2004 and has 75 on-call volunteers. These volunteers train monthly through various emergency response exercises. CERT volunteers have assisted Elgin police and fire during critical incidents, such as monitoring downed power lines during severe weather, traffic intersection control, heavy snowfall assistance, railroad train derailments and other criti- cal incidents. Their services provide a direct benefit to the city of Elgin as volunteers relieve paid public safety personnel, enabling them to return to a status which allows for their re- sponse to other emergency calls for service. The team would like to improve upon three deficiencies with this grant opportunity: 1. Communication: Currently, CERT volunteers are using a telephone call chain method when asked to respond to a public safety incident. They are dependent upon telephone communications for updates and tracking. A web-based program that will dispatch and i ` 1. track volunteers via text messaging is desired to improve communication during CERT's response to incidents. 2. Visibility: Volunteers wear thin, mesh traffic vests when asked to assist during a traffic incident. The team would like to purchase higher quality shirts for use during traffic sit- uations. 3. Education: A portion of CERT's mission is to conduct education and outreach activities with the public. This grant will help fund the production of materials to facilitate this goal. OPERATIONAL ANALYSIS A portion of this grant funding will support the purchase of an improved method of dispatching and tracking volunteers; that being, a web-based system that will transmit a mass text to the on-call volunteers, notifying them of the callout assignment. The volunteer will advise receipt by texting from their cellular phone, which will immediately show up on the dispatch system. From a laptop, the administrator will be able to monitor coverage of volunteers and their loca- tions. This will reduce the incident response time. Since this is a web-based system, there is no software to purchase. The cost associated with its use is for a one year subscription. A laptop computer will also be purchased with this funding for the administrator. Another portion of this grant funding will be used to increase volunteer visibility during re- sponse to traffic incidents. Purchasing reflective traffic shirts will ensure the safety of the CERT volunteers. The shirts to be purchased are American National Standard Identification approved high-visibility garments. Finally, this grant will also provide funds to print disaster educational materials for the public during city events. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS This grant is a 100 percent reimbursable opportunity. The city would initially fund the purchases and submit the reimbursement request to the Illinois Emergency Management Agency. h 2 BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE General 010-2307-731.92-46 N/A $1,000 $1,000 General 010-2307-731.17-06 N/A $3,430 $3,430 LEGAL IMPACT None. ALTERNATIVES The city council may elect not to accept the grant from Illinois Emergency Management Agency. NEXT STEPS 1. Initiate purchases. 2. Finalize grant. Originators: Karen Flanagan, Coordinator Emergency Management Jeffrey Swoboda, Chief of Police Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A: Grant Agreement A ,00,00„...„,_ Illlnois Emerg riert apatemet►t en4' for t# ors i_IVIon[t n, ©irect r NOTICE OF GRANT AGREEMENT PART I-Notice of Grant Award to City of Elgin This Grant Agreement is made and entered into by and between the Illinois Emergency Management Agency(Grantor), 2200 South Dirksen Parkway, Springfield, Illinois 62703, and City of Elgin (Grantee), 151 Douglas Avenue, Elgin, Illinois 60120. WHEREAS this Grant is to utilize funds from the Department of Homeland Security(DHS), Federal Fiscal Year 2011 Homeland Security Grant Program, Urban Area Security Initiative,CFDA#97.067. THEREFORE, the Grantor is hereby making available to the Grantee the amount not exceeding $4,000.00 for the period from January 1,2012,to December 31,2012. The Grantee hereby agrees to use the funds provided under the agreement for the purposes set forth herein and agrees to comply with all terms and conditions of this agreement and applicable grant guidance. This period of award may be amended by the Grantee if there is a delay in the release of these funds from the Federal Government or reasonable delays in the completion of the activities outlined in Part III— Scope of Work. It is agreed between the parties that the agreement, as written, is the full and complete agreement between the parties and that there are no oral agreements or understanding between the parties other than what has been reduced to writing herein. This Grant Agreement and attachments constitute the entire agreement between the parties. PART II-Term The term of this Grant Agreement shall be from January 1, 2012,to December 31,2012. PART III-Scope of Work During the grant period,funds received by the Grantee will be utilized by the Grantee to administer the Citizen Corps Program. l?q(1 S.btrks 33 R t +Spncigi�altl, f lrnois t627t) #ephon0 421. ill,nojs 0ou• o}�ty�,i�,e�tccte,�J°ITTi�at�vg R,e�ycTud;�',q[iEr t tail e, oi i Ahme A, lhosts by an to ScopeTheBudge of WorkDe Workshe (Part III)for thistpr project ded n and expettacndituresntforout which ines thete Grantee required will seek reimbursementtheGrtee . Thecomplete Grantother will only reimburse those expenditures that are specifically listed in the Budget Detail Worksheet. Each Budget Detail Worksheet submitted by the Grantee and approved by the Grantor shall be considered an authorized budget and an attachment of this Grant Agreement. The Discipline Allocation Worksheet, provided in Attachment B,outlines the discipline specific expenditure allocation classification listed in the Scope of Work (Part III). The Grantee must submit to the Grantor the updated Discipline Allocation Worksheet with each revised Budget Detail Worksheet and as outlined in Part V—Reports. The Project Implementation Worksheet,provided in Attachment C,provides a detailed description of the scope of work to be performed using funds received through this Agreement,including a list of specific sequential milestones that will be accomplished by the Grantee. These milestones will allow the Grantor to measure progress of the Grantee in achieving the goal of the project. PART IV- Compensation Amount The total compensation and reimbursement payable by the Grantor to the Grantee shall not exceed the sum of $4,000.00. PART V-Terms and Conditions All of the requirements listed in this section apply to the federally funded project. The Grantee agrees to include these requirements in each contract and subcontract financed in whole or in part with Federal assistance. STANDARD ASSURANCES: The Grantee assures that all allocations and use of funds will be in accordance with applicable grant guidance and application kits. The Grantee assures that it will comply with all applicable federal statutes, regulations, executive orders, and other federal requirements in carrying out any project supported by federal funds. The Grantee recognizes that federal laws, regulations, policies, and administrative practices may be modified from time to time and those modifications may affect project implementation. The Grantee agrees that the most recent federal requirements will apply to the project. FISCAL FUNDING: The Grantor's obligations hereunder shall cease immediately,without penalty or further payment being required, in any year for which the General Assembly of the State of Illinois fails to make an appropriation sufficient to pay such obligation or the U.S. Department of Homeland Security, Federal Emergency Management Agency, Grants Programs Directorate (DHS FEMA GPD) fails to provide the funds. The Grantor shall give Grantee notice of such termination for funding as soon as practicable after Grantor becomes aware of the failure of funding. Grantee's obligation to perform work shall cease upon notice by Grantor of lack of appropriated funds. EQUIPMENT: Grantor reserves the right to reclaim or otherwise invoke the Illinois Grant Funds Recovery Act on any and all equipment purchased by grantee with grant funds if said equipment has fallen into neglect or misuse according to the standards and policies of the Grantor. Additionally, Grantee may not substitute, exchange or sell any equipment purchased with grant funds unless Grantee has the express written consent of the Grantor. The Grantee agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." 2011 Grant Agreement Federal Fiscal Grant Year 2011 —City of Elgin 11 CCPELGIN Page 2 of 11 METHOD OF COMPENSATION: The Grantee will submit to the Grantor a vendor invoice or computer generated report with description of costs, including statement of payment for personnel costs and affirmation or evidence of delivery and property identification numbers for property subject to Grantor policies and procedures,in order to receive compensation through this agreement. The method of compensation shall be reimbursement p in accordance with the invoice voucher procedures of the Office of the State of Illinois Comptroller. The Grantee agrees to maintain appropriate records of actual costs incurred and to submit expenditure information to the Grantor. No costs eligible under this Grant Agreement shall be incurred after December 31,2012. The Grantee must submit a final Budget Detail Worksheet,Discipline Allocation Worksheet, and Project Implementation Worksheet to the Grantor within 30 days after the expiration of the Grant Agreement. The Grantee also agrees that funds received under this award will be used to supplement,but not supplant,state or local funds for the same purposes. ACCOUNTING REQUIREMENTS: The Grantee shall maintain effective control and accountability over all funds, equipment,property, and other assets under this Grant Agreement as required by the Grantor. The Grantee shall keep records sufficient to permit the tracing of funds to ensure that expenditures are made in accordance with this Grant Agreement. The Grantee must follow the retention and access requirements for records [44 CFR part 13.42 (b)and 2 CFR 215.531].All records must be maintained for three years after submission of the final expenditure report;or if any litigation, claim or audit is started before the expiration of the three-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. All sub-grants issued by the Grantee to this Agreement in excess of$25,000.00 must be approved by the Grantor. The Grantee shall assure sub-grants are in compliance with 44CFR Part 13.37. The Grantee shall comply with the most recent version of the Administrative Requirements and Cost Principles, as applicable. A non-exclusive list of regulations commonly applicable to the DHS FEMA GPD grants are listed below: A. Administrative Requirements 1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2. 2 CFR Part 215,Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,Hospitals,and Other Non-Profit Organizations(OMB Circular A-110) B. Cost Principles 1. 2 CFR Part 225,Cost Principles for State,Local and Indian Tribal Governments(OMB Circular A-87) 2. 2 CFR Part 220,Cost Principles for Educational Institutions(OMB Circular A-21) 3. 2 CFR Part 230,Cost Principles for Non-Profit Organizations(OMB Circular A-122) 4. Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations Funds received by the Grantee must be placed in an interest-bearing account and are subject to the rules outlined in 6 CFR Part 9, Restrictions Upon Lobbying, 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments;and 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements(Including Subawards)with Institutions of Higher Education,Hospitals and other Non-profit Organizations. DUPLICATION OF BENEFITS: The Grantee may not duplicate any Federal assistance, per 2 CFR Part 225, Basic Guidelines Section C.3 (c), which states: Any cost allocable to a particular Federal award or cost objective under the principles provided for in this Authority may not be charged to other Federal awards to overcome fund deficiencies,to avoid restrictions imposed by law or terms of the Federal awards,or for other reasons. However,this prohibition would not preclude the Grantee from shifting costs that are allowable under two or more awards in accordance with existing program agreements. Non-governmental entities are subject to this prohibition per 2 CFR Parts 220 and 230 and FAR Part 31.2. 2011 Grant Agreement Federal Fiscal Grant Year 2011 —City of Elgin I 1 CCPELGIN Page 3 of 11 REPORTS: The Grantee shall submit to the Grantor throughout the stated performance period the following documentation: (1) amount of funding received, obligated and expended for activities outlined in the Scope of Work and(2)Budget Detail Worksheet and Discipline Allocation Worksheet(Attachment A and B described in Part III — Scope of Work). The Grantee further agrees to provide to the Grantor, upon the request, other project information for which funding is received through this Agreement to support the completion of other federal and state reporting requirements. The documentation is due within 15 days after the end of the reporting period (July 15 for the reporting period of January 1 through June 30 and January 15 for the reporting period of July 1 through December 31). For Agreements with a compensation amount equal to or greater than $25,000.00, the Grantee shall provide a quarterly update of the Project Implementation Worksheet to the Grantor within fifteen (15) business days after March 31, June 30, September 30, and December 31 throughout the performance period of the agreement. The Grantee will submit to the Grantor, evidence the Grantee has complied with DHS FEMA GPD documentation and reporting requirements as outlined in the appropriate grant guidance and policies of the Grantor that govern the use of training and/or exercise funds. Grantees must submit via Web-Forms to the Grantor,within 30 days after attendance in training, all training not provided by DHS FEMA GPD, but supported with federal preparedness funds. Exercises conducted with federal grant funds must be National Incident Management System (NIMS) compliant and be managed and executed in accordance with the Homeland Security Exercise and Evaluation Program(HSEEP)and policies of the Grantor. Additionally, the Grantee must submit to the Grantor within 45 days of the exercise a final After Action Report/Improvement Plan. LOBBYING: The Grantee certifies to the best of his or her knowledge and belief that for each contract for federal assistance exceeding$100,000: (a) No federally appropriated funds have been or will be paid by or on behalf of the Grantee to any person to influence or attempt to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress regarding the award of federal assistance or the extension continuation, renewal, or amendment, of federal assistance, or the extension, continuation,renewal,amendment,or modification of any federal assistance agreement;and (b) If any funds other than federally appropriated funds have been or will be paid to any person to influence or attempt to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with any application for federal assistance, the Grantee assures that it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," (c) The language of this certification shall be included in the award documents for all subawards at all tiers (including subcontracts, sub grants,and contracts under grants,loans,and cooperative agreements). AUDITS AND INSPECTIONS: The Grantee will, as often as deemed necessary by the Grantor, DHS FEMA GPD or any of their duly authorized representatives, permit the Grantor, DHS FEMA GPD or any of their duly authorized representatives to have full access to and the right to examine any pertinent books,documents,papers and records of the Grantee involving transactions related to this grant agreement for three years from the date of submission of the final Budget Detail Worksheet or until related audit findings have been resolved, whichever is later. The Grantee certifies that all audits submitted under the provisions of OMB Circulars A-133,Audits of States,Local Governments,and Non- Profit Organizations, have been approved by the Grantor. The Grantee acknowledges that these are federal pass- through funds that must be accounted for in the jurisdiction's Single Audit under the Single Audit Act of 1996, if required. 2011 Grant Agreement Federal Fiscal Grant Year 2011 —City of Elgin 11 CCPELGIN Page 4 of 11 MODIFICATION AND AMENDMENT OF THE GRANT: This grant agreement is subject to revision as follows: A. Modifications may be required because of changes in State or Federal laws, regulations, or Federal grant guidance as determined by the Grantor. Any such required modification shall be incorporated into and will be part of this Agreement. The Grantor shall notify the Grantee of any pending implementation of or proposed amendment to such regulations before a modification is made to the Agreement. B. Modifications may be made upon written agreement of both Grantor and Grantee. TERMINATION FOR CONVENIENCE:This agreement may be terminated in whole or in part by the Grantor for its convenience, provided that, prior to termination, the Grantee is given: 1)not less than ten (10) calendar days written notice by certified mail, return receipt requested, of the Grantor's intent to terminate, and 2) an opportunity for consultation with the Grantor prior to termination. In the event of partial or complete termination of this agreement pursuant to this paragraph,an equitable adjustment of costs shall be paid to the Grantee for expenses incurred under this agreement prior to termination. TERMINATION FOR BREACH OR OTHER CAUSE: The Grantor may terminate this agreement without penalty to the Grantor or further payment required in the event of: A. Any breach of this agreement that,if it is, susceptible of being cured, is not cured within 15 calendar days after receipt of the Grantor's notice of breach to the Grantee. B. Material misrepresentation or falsification of any information provided by the Grantee in the course of any dealing between the parties or between the Grantee and any State Agency. Grantee's failure to comply with any one of the terms of this Grant Agreement shall be cause for the Grantor to seek recovery of all or part of the grant proceeds. RETENTION OF PROPERTY RECORDS: Grantee agrees to maintain records for equipment, non-expendable personal property, and real property. If any litigation, claim, or audit is started before the expiration of the three-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. NON-DISCRIMINATION: In carrying out the program, the Grantee will comply with all applicable Federal Statutes relating to nondiscrimination including,but not limited to: • Title VI of the Civil Rights Act,42 U.S.C.2000d,which prohibits discrimination on the basis of race,color, or national origin; • Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 through 1683, and 1685 through 1687,and U.S.DOT regulations,"Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance", 49 CFR Part 25, which prohibit discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794,which prohibits discrimination on the basis of handicap; • The Age Discrimination Act of 1975, as amended 42 U.S.C. 6101 through 6107, which prohibits discrimination on the basis of age; • The Drug Abuse Office and Treatment Act of 1972, Pub. L. 92-255, March 21, 1972, and amendments thereto,21 U.S.C. 1174 et seq. relating to nondiscrimination on the basis of drug abuse; • The Comprehensive Alcohol Abuse and Alcoholism Prevention Act of 1970, Pub. L. 91-616, Dec. 31, 1970,and amendments thereto,42 U.S.C.4581 et seq. relating to nondiscrimination on the basis of alcohol abuse or alcoholism; • The Public Health Service Act of 1912, as amended, 42 U.S.C. 290dd-3 and 290ee-3, related to confidentiality of alcohol and drug abuse patient records; 2011 Grant Agreement Federal Fiscal Grant Year 2011 —City of Elgin 1 1 CCPELGIN Page 5 of 11 • Title VIII of the Civil Rights Act,42 U.S.C.3601 et seq.,relating to nondiscrimination in the sale,rental,or financing of housing; • The Americans with Disabilities Act of 1990,as amended and 42 U.S.C. 12101 et seq.; • Any other nondiscrimination provisions in the specific statutes under which Federal assistance for the project may be provided including, but not limited, to 49 U.S.C. 5332, which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment U.S.C. business opportunity, and Section 1101(b)of the Transportation Equity Act for the 21st Century, 23 101 note,which provides for participation of disadvantaged business enterprises in FTA programs; and • Any other nondiscrimination statute(s)that may apply to the project. The Grantee shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment,without regard to their race, color,religion, sex,national origin,ancestry, age,physical l y or mental handicap unrelated to ability,marital status,or unfavorable discharge from military service. Such action shall include,but not be limited to,the following: employment,upgrading,demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Grantee shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this non-discrimination clause. SEVERABILITY CLAUSE: If any provision under the Grant Agreement or its application to any person of circumstance is held invalid by any court of competent jurisdiction,this invalidity does not affect any other provision or its application of the Grant Agreement which can be given effect without the invalid provision or application. DEBARMENT:The Grantee shall comply with Debarment provisions as contained in 49 Code of Federal Regulations, Part 29, including Appendices A and B as amended.The Grantee certifies that to the best of its knowledge and belief, Grantee and Grantee's principals: a)are not presently debarred,suspended,proposed for debarment,vdeclaredh inneligible or voluntarily excluded from covered transactions by any federal Agency or agency; b) Y period preceding this Agreement have not been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal,state or local)transaction or contract under a public transaction,violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records making false statements receiving stolen property; c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal, state, or local)with commission of any of the offences enumerated in subsection(b),above; d)have not within a three- year period preceding this Agreement had one or more public transactions(federal,state,or local)terminated for cause or default. The inability of the Grantee to certify to the certification in this section will not necessarily result in denial of participation in the Agreement. The Grantee shall submit an explanation of why it cannot provide the certification in this section. This certification is a material representation of fact upon which reliance was placed when the Grantor determined whether to enter into this transaction. If it is later determined that Grantee ke Grantor may termowingly rendered an inateeons s certification, in addition to other remedies available to the federal government, Agreement for cause. The Grantee shall provide immediate written notice to the Grantor if at any time the Grantee learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms"covered transaction," "debarred," "suspended," "ineligible,""lower Fier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this section shall have the meaning set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. The Grantee agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized, in writing,by the Grantor.The Grantee agrees that it will include the clause titled"Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion-Lower Tier Covered Transaction" provided by the 2011 Grant Agreement Federal Fiscal Grant Year 2011--City of Elgin 11CCPELGIN Page 6 of 11 • . Grantor, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. The Grantee may rely upon a certification of a prospective participant in a lower tier covered transaction, unless Grantee knows the certification is erroneous. Grantee may decide the method and frequency by which it determines the eligibility of its principals.The Grantee may, but is not required to,check the Non-procurement List. If a Grantee knowingly enters into a lower tier covered transaction with a person who is suspended,debarred, ineligible, or voluntarily excluded from participation, in addition to other remedies available to the federal government, the Grantor may terminate this Contract for cause or default. • WORKER'S COMPENSATION INSURANCE, SOCIAL SECURITY, RETIREMENT AND HEALTH INSURANCE BENEFITS, AND TAXES: The Grantee shall provide worker's compensation insurance where the same is required, 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 employees of the Grantee who are performing services specified by the grant agreement. WAIVERS:No waiver of any condition of this Agreement may be effective unless in writing from the Director of the Grantor. BOYCOTT:The Grantee certifies that neither it nor any substantially-owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S.Export Administration Act of 1979 or the regulations of the U.S.Department of Commerce promulgated under that Act. WORK PRODUCT: The Grantee acknowledges DHS FEMA GPD and State of Illinois reserve a royalty-free, non exclusive, and irrevocable license to reproduce,publish, or otherwise use, and authorize others to use, for Federal and State purposes:(1)the copyright in any work developed under an award or sub-award;and(2)any rights of copyright to which a recipient or sub-recipient purchases ownership with Federal support. The Grantee agrees to consult with DHS FEMA GPD, through the Grantor, regarding the allocation of any patent rights that arise from, or are purchased with, this funding. All publications created through this grant agreement shall prominently contain the following statement: "This document was prepared under a grant from the Federal Emergency Management Agency's Grant Program Directorate (FEMA/GPD)within the U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA/GPD, the U.S. Department of Homeland Security or the State of Illinois." MAINTENANCE AND REVIEW OF EQUIPMENT: The Grantor reserves the right to reallocate or repossess all equipment procured by the Grantee under this grant agreement if the property is not properly maintained by the Grantee according to the manufacturer's guidelines and Grantor's requirements. All equipment procured by the Grantee through this grant agreement shall be made available for review by the Grantor upon request. POSSESSION OF EQUIPMENT: Title to equipment acquired by a non-Federal entity with Federal awards vests with the Grantee. Equipment means tangible nonexpendable property, including exempt property, charged directly to the award having a useful life of more than one year and an acquisition cost of$5,000 or more per unit. However, consistent with a non-Federal entity's policy, lower limits may be established. A Grantee shall use, manage, and dispose of equipment acquired under a Federal grant in accordance with Federal and State laws, procedures and policies. All equipment purchased with funding received through this Agreement shall be used,for the entire useful life of the equipment, in accordance with the purpose stated in PART III — Scope of Work. Any variation to the intended use of the equipment outlined in PART III—Scope of Work by the Grantee must be approved in writing by the Grantor. • 2011 Grant Agreement Federal Fiscal Grant Year 2011 —City of Elgin 11 CCPELGIN Page 7 of 11 LIABILITY: The Grantor assumes no liability for actions of the Grantee under this agreement, including, but not limited to,the negligent acts and omissions of Grantee's agents,employees, and subcontractors in their performance of the Grantee's duties as described under this agreement. In addition, the Grantor makes no representations, or warrantees,expressed or implied,as to fitness for use,condition of,or suitability of said equipment purchased pursuant to this agreement, except as those representations are made by the manufacturer of said equipment. As to nature and condition of said equipment, in the use of said equipment, the Grantee agrees to hold the Grantor harmless for any defects or misapplications. To the extent allowed by law,the Grantee agrees to hold harmless the Grantor against any and all liability, loss, damage, cost or expenses,including attorney's fees,arising from the intentional torts,negligence, or breach of the agreement by the Grantee, with the exception of acts performed in conformance with an explicit, written directive of the Grantor. ENVIRONMENTAL AND HISTORIC PRESERVATION (EHP) COMPLIANCE: The Grantee shall not undertake any project having the potential to impact Environmental or Historical Preservation(EHP)resources without the prior approval of DHS FEMA GPD, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings, structures and objects that are 50 years old or greater. The Grantee must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the Grantee must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered,the Grantee will immediately cease construction in that area and notify n;-IS FEMA GPD and the appropriate State Historic Preservation Office. Any construction activities that have been initiated without the necessary EHP review and approval will result in the non-compliance finding and will not be eligible for DHS FEMA GPD funding. • AMERICANS WITH DISABILITIES ACT (ADA): The Grantee understands the importance of integrating disability access and functional needs efforts into local homeland security and emergency preparedness programs. This integration should occur at all levels from planning,to purchasing equipment and supplies,to conducting exercises and drills and should involve disability inclusion experts as partners across all aspects of emergency planning. PART VI—Assurances The Grantee assures that no official or employee of the Grantee who is authorized in the Grantee's official capacity to negotiate,make,accept, or approve,or to take part in such decisions regarding a contract for acquisition/development of property in connection with this agreement, shall have any financial or other personal interest in any such contract for the acquisition/development. The Grantee shall permit the Grantor, the Auditor General, or the Attorney General to inspect and audit any books, records,or papers related to the program,project,or use for which grant funds were provided. The Grantee certifies under oath that all information in the grant agreement is true and correct to the best of the Grantee's knowledge, information, and belief; that the funds shall be used only for the purposes described in the Agreement;and that the award of grant funds is conditioned upon such certification. The Grantee will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. The Grantee assures that no federal employees will receive funds under this award. Federal employee are prohibited from serving in any capacity(paid or unpaid)on any proposal submitted under this program. The Grantee shall not use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law,regulation or policy, at any level of government,with out the express prior written 2011 Grant Agreement Federal Fiscal Grant Year 2011 —City of Elgin 11 CCPELGI N Page 8 of 11 • r , r approval of the Grantor. The Grantee may not be delinquent in the repayment of any federal debt,including but not limited to delinquent payroll or other taxes,audit disallowances,and benefit overpayments. The Grantee assures that any public works project supported with funds received through Agreement employ at least 90 percent Illinois' laborers on such project during periods of excessive unemployment in Illinois. "Public works" is defined as any fixed work construction or improvement for the State of Illinois, or any political subdivision of the State funded or financed in whole or in part with State funds or funds administered by the State of Illinois. "Period of excessive unemployment" is defined as any month immediately following two consecutive calendar months during which the level of unemployment in the State of Illinois has exceeded five percent. The Grantee will comply with grant program guidance applicable to this agreement and all applicable requirements of all other State and Federal laws, executive orders, regulations governing this program, and policies and procedures promulgated by the Illinois Terrorism Task Force prior to or during the performance period of this agreement. If applicable, Grantee assures that all cost sharing or matching funds claimed against FEMA meet the requirements of the program guidance and/or program regulations, 44 CFR 13 and 2 CFR 225. Costs must first be reasonable, allowable, allocable, and necessary, and every item must be verifiable (i.e. tracked and documented). Except as provided by federal statute, a cost sharing or matching requirement may not be met by costs borne by another Federal grant. The Grantee agrees that funds utilized to establish or enhance state and local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines and achievement of a baseline level of capability as defined by the Fusion Capability Planning Tool. PART VII-Certification The Grantee certifies that it has fully implemented all current National Incident Management System compliance activities in accordance with Homeland Security Presidential Directive 5 (HSPD-5),Management of Domestic Incidents and related compliance documentation provided by the Secretary of Homeland Security and State of Illinois. The Grantee further certifies that all required compliance documentation is on file with the appropriate Federal and State entity as required by the State of Illinois throughout the performance period of this agreement. The 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 any official, agent, or employee of the Grantee committed bribery or attempted bribery on behalf of the Grantee and pursuant to the direction or authorization of a responsible official of the Grantee. The Grantee hereby certifies that it has not been barred from bidding on or receiving State or local government contracts as a result of illegal bid rigging or bid rotating as defined in the Criminal Code of 1961 (720 ILCS 5/33E-3 and 33E-4). The Grantee certifies that it will comply with all applicable State and Federal laws and regulations. The Grantee certifies that to the extent applicable, grantee will comply with the Davis-Bacon Act, as amended, 40 U.S.C.3141 et seq.,the Copeland "Anti-Kickback"Act,as amended, 18 U.S.C. 874, and the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. 3701 et seq., regarding labor standards for federally assisted sub agreements. 2011 Grant Agreement Federal Fiscal Grant Year 2011 —City of Elgin 11 CCPELGIN Page 9 of 11 The Grantee certifies that it will return to the Grantor all State or Federal grant funds that are not expended or received from the Grantor in error. The Grantee agrees that all funds remaining at the expiration of the period of time the funds are available for expenditure or obligation by the Grantee shall be returned to the Grantor within 45 days, if applicable. The Grantor may recapture those funds in accordance with State and Federal laws and regulations. The Grantee further certifies that its failure to comply with any one of the terms of this Grant Agreement shall be cause for the Grantor to seek recovery of all or part of the grant proceeds. The Grantee certifies that it will establish safeguards to prohibit employees,contractors,and subcontractors from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Under penalties of perjury,I certify that 36-6005862 is my correct Federal Taxpayer Identification Number and that IRS Instructions have been provided for proper completion of this certification. The Grantee has filed with the Internal Revenue Service as a(please check one): _Individual _Real Estate Agent Sole Proprietorship X Governmental Entity Partnership _ Tax Exempt Organization(IRC 501(a)only) Corporation Trust or Estate Medical and Health Care Services Provider Corporation Part VIII-Drug Free Certification This certification is required by the Drug Free Workplace Act(30 ILCS 580). The Drug Free Workplace Act,effective January 1, 1992,requires that no Grantor or contractor shall receive a grant or be considered for the purposes of being awarded a contract for the procurement of any property or services from the State unless that Grantor or contractor has certified to the State that the Grantor or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of the contractor or grant and debarment of contracting or grant opportunities with the State for at least one (1)year but not more than five(5)years. For the purpose of this certification, "Grantor" or "contractor" means a corporation, partnership, or other entity with twenty-five (25) or more employees at the time of issuing the grant, or a department, division, or other unit thereof, directly responsible for the specific performance under a contract or grant of$5,000 or more from the State. The contractor/Grantor certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: or use of a (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession controlled substance,including cannabis,is prohibited in the Grantor's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will: (A) Abide by the terms of the statement;and (B) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5)days after such conviction. (b) Establishing a drug free awareness program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the Grantor's or contractor's policy of maintaining a drug free workplace; (3) any available drug counseling,rehabilitation,and employee assistance programs;and 2011 Grant Agreement Federal Fiscal Grant Year 2011 —City of Elgin 11 CCPELGIN Page 10of11 . (4) the penalties that may be imposed upon an employee for drug violations (c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the Grantor within ten (10) days after receiving notice under part(B) of paragraph (3) of subsection (a)above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by any employee who is so convicted,as required by section 5 of the Drug Free Workplace Act. (f) Assisting employees in selecting a course of action in the event drug counseling,treatment, and rehabilitation are required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized representatives. Grantor: IL Emergency Management Agency Grantee: City of Elgin By: By: Jonathon E.Monken,Director David Kaptain,Mayor DATE: DATE: By: Lisa M.Desai,Assistant to the Director • 11CCPELGIN 2011 Grant Agreement Federal Fiscal Grant Year 2011 —City of Elgin 11CCPELGIN Page 11 of 11