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HomeMy WebLinkAbout21-60 Resolution No. 21-60 RESOLUTION RATIFYING THE EXECUTION OF A GRANT AGREEMENT WITH ALIGNMENT COLLABORATIVE FOR EDUCATION, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that it hereby ratifies and approves the execution of a grant agreement by Richard G.Kozal,City Manager, and Kimberly A. Dewis, City Clerk, with Alignment Collaborative for Education, Inc.,to provide funding and to support the City's strategic goal as a "City of Choice" in the adopted 2018-2022 Strategic Principles and Priorities, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: April 14, 2021 Adopted: April 14, 2021 Vote: Yeas: 8 Nays: 1 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk SCAN:::D GRANT AGREEMENT ALIGNMENT COLLABORATIVE FOR EDUCATION This A.greement,made and entered into this day of Aim. . 2021 by and between the City of Elgin, an Illinois municipal corporation("City"), and de Alignment Collaborative for Education, Inc.,an Illinois not-for-profit corporation,organized and existing under the laws of the State of Illinois("Grantee"). WHEREAS, the City has determined that it would serve a beneficial public purpose to provide funding to the Alignment Collaborative for Education to support the City's strategic goal as a"City of Choice"in the adoocel 2018-2022 Stratep,ic Principles and Priorities; und WHEREAS. the Strategic Principles and Priorities identifies an objective to support the enhancement of our public schooh. and educational institutions through aligned community partnerships to ensure a prepared and educated workforce:and WI Alignment Collaboratb,,e for Education seeks to align community resources and collaborate with organizations in support of public school strategies to raise student achievement; create responsible, productive, and contributing members of our society; and advance the economic and social well-being of communities served by School District 1/-46 in Illinois;and WHEREAS, the City of Elgin was a eluirter member in supporting the establishment of Alignment Collaborative for Education in 2014 to 1.1se, the collective impact model to achieve generational chnno in educational outcomes as a community: and WHEREAS, the Cit t :Igin and Grantee previously entered into a grant agreement to provide funding to Oraniee, said agreement commencing on September 6. 2018, and terminating on August 31, 2021;and • WHEREAS,the City of 1:31,,,in and Grantee desire to enter into this grunt agreement for an additional.three-year period following the expiration of the term of the prior grant agreement;and WHEREAS, Alignment Collaborative fix Education represents that it has the necessary expertise and experience to comply with the terms and conditions set forth in this agreement, NOW, THF.REFORE, in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby mutually acknowledged.the parties hereto hereby agree as follows: 1. The Grantee shall maintain status us a 501(c)(3) in the state of Illinois, and shall have an established board of directors that demonstrates service provisions to the residents of Elgin. 2. The Grantee shall maintain good standing with the City ol'Elgin.The Grantee shall perform the services specified in Exhibit A of this Agreement (the "Subject Service") and provide the equipment.staff and materials to achieve'those requirements.In ocrforining the services under this • Agreement, the Grantee is an independent contractor and not an employee of the City, and the Grantee will not hold itself out as any such employee. The Grantee has no authority to make any agreement or conunitment on behalf of the City. 3. The Grantee shall address all inquiries and requests made pursuant to this Agreement to the Assistant City Manager of the City or their designee. 4, the grantee warrants and agrees to maintain all facilities and equipment used in the performing of the agreement in a clean, sanitary and safe condition and free from defects of every kind whatsoever. Grantee agrees and warrants periodic inspections of all of such facilities and equipment for such purposes. Grantee also warrants that facilities and equipment are not now.nor shall be during the term of this Agreement in violation of any health, building, tire or zoning code or regulation or other applicable requirements of law. 5. The City shall pay the Grantee for the Subject Services under this Agreement the total amount of$60,000. The first payment of$20,000 shall be made on September 1, 2021.The second installment of$20,000 shall be made on September I, 2022 and the third installment of$20,000 shall be made on September I,2023. 6. The Grantee shall apply the money to be paid by the City to the Grantee pursuant to the preceding paragraph hereof solely to support the outcomes identified in Exhibit A and associated cast_; far related meetings and miscellaneous expenses 7. The Grantee shall complete,maintain and submit to the Assistant City Manager of the City, or their desiunce. any and all records, reports and forms relating to the Subject Services in this Agreement as requested by the City, Without limiting the foregoing, the parties further agree as follows: at. the Grantee shall provide a budget to the City which shall reflect the projected distribution of funds received from the City pursuant to this Agreement during the term of this Agreement. The budget ,hall he suhmiued ts, the Assistant City Manager of the City prior to any payment by the City.. b. The Grantee shall provide a written performance report detailing the disbursements of'the monies to be paid by the City to the Grantee pursuant to this Agreement. The report shall be provided annually to the City on August 1. 2022, August 1. 2023 and August 1, 2024, c. The City has the right to review all accounting records of The Grantee related to the use of the monies to be paid by t c City to the Grantee pursuant to this Agreement upon 72 hours advance notice from the City to the Grantee. d. The Grantee shall have an annual audit performed on its financial statements. The audit must be performed by an independent certified public accountant recognized in good standing by the American Institute of Certified Public Accountants and licensed in the State of Illinois.The Grantee shall provide the City with two copies of the said audited financial 9 statement along with the management letter and any other correspondence related to internal control matters within 30 days of its annual completion. 'these statements shall be submitted to the Assistant City Manager at City Ilan, 150 Dexter Coma, Elgin. Illinois 60120-5 555. 8. In the event this Agreement is terminated, or in the event the Subject Services for which the City funds provided herein arc to be applied arc discontinued, or the Grantee ceases its operations prior to August 31, 2024, the Grantee shall refund to the City on a prorated per diem basis the funds paid hereunder Iirr the portion of the year remaining after any such tern ination or for the portion of the year the Subject Serviced; were not conducted. o. The City shall be recognized as a sponsor of the Grantee and shall receive the benefits of sponsorship consistent with the level of support provided in this Agreement_ 1U. In all printed materials in which a City seal or logo is deemed appropriate,approval by the Public information Officer of the City is required prior to printing. 11. The tern or this Agreement shall commence from the date of the execution hereof and continue through August 31.2024, unless otherwise terminated as provided for herein. 12. This Agreement shall not be construed so as to create a partnership. joint venture. employment or other agency relationship between the parties hereto. Grantee understands and agrees that the relationship of the'Grantee to the Cite arising out of this Agreement shall be that of an independent contractor. It is expressly agreed and understood that the Grantee and the Grantee's officers. employees and agents are not employees of the City and are not entitled to any benefits or insurance provided to employees of the City. 13. iI the Grantee violates or breaches any term of this Agreement. such violation or breach shall be deemed to constitute a default, and the City shall have the right to seek administrative. contractual. legal or equitable remedies as may be suitable to the violation or breach: and, in addition.if the Grantee by reason old, default,fails to within fifteen(15)days after notice thereof by the City to comply with the conditions of the Agreement, the City may terminate this Agreement. if the City violates or breaches any term of this Agreement, such violation or breach shall he deemed to constitute a default, and in the event the City fails to within fifteen 05) days after notice thereof by the Crr:mntee to comply with the conditions of this Agreement, the Grantee as its sole and exclusive remedy may terminate this Agreementt. Notwithstanding anything to the contrary in this Agreement. with the sole exception of the monies the City has agreed to pay the Grantee pursuant to Section 5 hereof, no action shall be commenced by the Grantee, any related persons or entities, and.lor any of their successors and/or assigns. against the City for monetary damages. Grantee hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to,the Local Government Prompt Payment Act (50 ILCS 50511, el seq.) as amended.or the Illinois Interest Act(815 1LCS 205r 1,et seq.):as amended. The parties hereto further agree that any action by the Grantee arising out of this Agreement must be liked within one(1)year attic date the alleged cause of action arose or the Hanle will be time-barred. in the event any legal action is brought by the City for the enforcement of any of the obligations of thc Grantee. in this Agre.ement and the City is the prevailing party in such action, the City shall also be entitled to recover from the Grantee interest in the rate of nine percent r 9%) per annum and reasonable attorney's fees, The provisions of this section shall survive any expiration, completion andlor termination of this Agreement_ • 14. Notwithstanding any other provisions hereof, the City may terminate this Agreement at any time upon thirty (30) days prior written notice to the'Grantee.In the event this Agreement is so terminated, the Grantee shall be paid for services actually pertbrmed, and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not in any event exceed the total amount set forth under Section$above. Additionally, in the event this Agreement is SO terminated, the Grantee shall immediately cease the expenditure of any funds paid to the Grantee by the City and shall refund to the City any unearned or unexpended funds. 15. To the fullest event permitted by law, Grantee shall indemnify,defend and hold harmless the City, its officers. employees. agents. boards and commissions from and against any and all claims, suits,judgments, costs, attorney's fees, damages or other relict;including but not limited to worker's compensation claims, in any way resulting from or arising out of negligent actions or omissions of the Grantee in connection herewith, including negligence or omissions or agents of the Grantee arising out of the performance of this Agreement andior the Subject Services. In the event oh any action against the City, its officers. employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. The rrovisions or this section shall sur,ive any expiration,completion and/or termination of this Agreement. 16. The Grantee shall provide, pay for and maintain in effect, during the term of this Agreement,a policy of comprehensive general liability insurance with limits of at least S1,000,000 aggregate for bodily injury and$1,000.000 aggregate for property damage. The Grantee shall also provide, pay for and maintain in eiThet. during the term of this Agreement, comprehensive automobile liability insurance covering all owned. non-owned and hired motor vehicles used in connection with the Subject Services with limits of not less than S500,000 per occurrence for durtragvi to persons or property. I lc Orwitoz shall ribo providc, pay for and maintain in circa. during the term or this Agreement, worker's compensation insurance in amounts required under the laws of the State of lilinois. At the request of the City the Grantee shall provide to the City certificates of insurance regarding the insurance required in this paragraph. 17. No official,director,officer, agent or employee of the City shall be charged personally or held contractually liable under any term or provision of this Agreement or hemni.sc of their execution,approval or attempted execution of this Agreement. 18. in all hiring or employment made possible or resulting from this Agreement,there shall he no discrimination against any employee or applicant for employment because of sex,. age. race, color, erred, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to,but not he limited to,the following:employment advertising.layoff or termination,rates o I pay or other Ibmis of compensation and selection for trawling, including apprenticeship. 4 19. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or act iUities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, tuitional origin, age except minimum age and retirement provisions, marital status or the presence of any sensory,mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation,termination or suspension,in whole or in part,or rescission of this Agreement by the City at the City's.solr discretion, without liability against the City. 20. The terms of this Agreement shall be severable. in the event Any of the terms or provisions of this Agreement are deemed to be void or otherwise unen Cot-cc-able for any reason.the remainder of this Agreement shall remain in full force and effect. 22.1. This .Agreement and its exhibits constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed,modified,discharged or ex-rended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof. 22. This Agreement shall be deemed to have been made. in, and shall be construed in accordance ~with the laws of the State of Illinois. Venue lbr the resolution of any disputes or the enlorcenicnt of any rights pursuant to this Agreement shall be in the Circuit Curt of Kane County, Illinois. 23. The Crantcc cencheshereby that it is not barred from bidding.on a public contact as a result of a violation o1720 I1.CS 5/ 3F:et seq. or any similar state or federal statute. 24. As a condition precedent of this contract, the Grantee shall have written sexual harassment policies that include,at a minimum, the following information. a, the illegality of sexual harassment; b. the definition of sexual harassment under state law; e. a description orscxua! haarassmcant,utilizing examples: d. the vendors internal complaint process including penalties; e, the legal recourse, investigative and complaint process available through the Illinois Department oFHuman Rights, and the ]Yuman Rights Commission; directions on how to contact the departrnent and commission; g, protection against retaliation as provided by Section 6-10l of the Human Rights Act. c A copy of the policies must be provided to the Department or Human Rights upon request (775 LLCS 5.12-10). 25. As a condition precedent of this Agreement, the (irantee shall have in place a written subsMnce abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Act at 820 1LCS 26$./1, et seq. A copy or such policy shall be provided to the City's Assistant City Manager prior to the entry and execution of this Anrcement, 26. Nntwithstanding any other provision in this Agreement. it is exprmly agreed and understood that in connection with the performance of this Agreement the Grantee shall comply with all applicable federal, suite.city and other requirements of law including, but not limited to, any applicable requirements regarding prevailing wages, minimum Wage. workplace safety 41nd legal status of etnploye . Without limiting the foregoing.the Grantee hereby certifies,represents and warrants to the City that all of Grantee's employees andior agents who will be providing products. andior services with respect to this Agreement shall be legal residents of the United States. Grantee shall also, at its expense. secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work. trid...or the products and/or services to be provided pursuant to this Agreement. City shall have the right to audit any records in the possession or control of the Granter to determine the Grantee's compliance with the provisions of this section. In the event the City proceeds with such an audit, the Grantee shall make available to the City the City's relevant records at no cost to the City. Grantee shall pay any and all costs associated with any such audit_ The provisions of this section shall survive any expiration,completion andior termination of this Agreement. 27. All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid,addressed as f011ows: As to the City: As to Grantee: City of n:igin AII4snment Collaborative for Education 150 Dexter Court 3 I South Grove Avenue Elgin, IL 60120-5555 Elgin, H. 60120 Attention: Richard Cl. Kozai, City Manager Mtn Nancy Coleman.ACL Executivc Director With a copy to: William A. Cogley Corporation Counsel City of Elgin 150 Dexter Court Elgin, 1L 60120-5555 28. This Agreement is and shall be deemed and construed to be a joint and collective work product of the City and the Grantee and,as such,this Agreement shall not be construed against the other party, as the otherwise purported drafter of same,by any court of competent jurisdiction in 6 order to resolve any inconsistency, ambiguity, vagueness or conflict. if any. of the terms and provisions contained herein. 29. This Agreement shall be binding on the parties hereto and their respective successors and permitted assigns.This Agreement and the obligations herein may not be assigned by the Grantee without the express written consent of the City which consent may be withheld at the sole discretion of the City. 30. Ibis Agreement may be executed in enunterparts. Signatures transmitted by facsimile or email shall have the same legal elTect as an<►rieinal signature. IN WITNESS WHEREOF,the undersigned have entered into executed this Agreement on the date and year first written above. CITY Y OF ELGIN ALIGNMENI COLLABORATIVE FOR ICATION INC. By: :chard (:i. c i . 4f< ;met Its .e/te' Vim. _,!//?• r.TT/_ Kimberly Dewis, C. 'lerk 1 1,exdUkprapKoment',hltsnununrf"dirticaatw.ray FinxaJa 1 .. atiCA 7 1-Aliibit A Description of Deliverables to he iirto.idell h the Alignment Collaborative ror Education Governance Structure lhe Alignment Collaborative for Education will maintain a governance structure that includes a governing hoard,operating hoard, and three-A-Teams-to direct its future work force development strategy. 1. "rho city of Elgin will hold at least One seat on the governing beard and one on the operating board through at least the duration of this agreement. 2. The A-Tcoms will serve as the tactical planning teams to support the advancement of goals identified and adopted by the Alignment Collaborative for Education: increasing early education awareness,building a community and school system that functions in a trauma in tbrrned cure culture,and prep:icing youth to he academic and career ready in order to be contributing members to the COMM unity and the economic development of the region. Any changes to goals and priorities will be provided to the City in writing. Alignments Prirgiiies 1) Assist School District U-46 with the implementation of learning recovery' programs across the community benefiting elcmentary middle and high school students. 2.) Continue to increase awareness of trauma informed care practices that effectively help children and youth adapt to current and post pandemic challenges by increasing knowledge.and training within the schools and organizations that provide services to children and youth. 3) Utili/e a combination of reroute and live learning experiences for students championed by business and community partners that incnmse academic success,prepare rot future career paths,and develop students to face and reduce barriers leading to personal and professional success. 4) increase the munber of students thin upon graduation successfully transition to workplaces offering financial security and career progression,post-secondary education opriortunit i es.and/or a combination of both. • 8 Reporting 1. Quarterly and Annual Reports: Alignment will provide an annual report each year that highlights ac number at'students served.the engagement of business and community partners,and the number of volunteer hours contributed along with the financial support of partners to assets the economic and social impact of the collaboration. Quarterly updalcs vv ill he provided to assess progress in its efforts to improve early education opportunities,grow a community that is trauma inft-amed. and provide students the necessary inundation to graduate high school academic and career ready. 2. Budget and Annual Audit: An annual budget shall reflect the projected distribution of funds received from the City pursuant to this Agreement during the term of this Agreement- Alignment Collaborative for Education shall also have an animal audit performed on its financial statements. Two copies or this annual audit shall he provided to thc(.:ity within thirty days of its annual completion. 9