HomeMy WebLinkAbout21-87 Resolution No. 21-87
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
BY AND BETWEEN THE CITY OF ELGIN, ILLINOIS AND THE
COUNTY OF KANE, ILLINOIS TO FACILITATE THE
OPERATION OF A MASS VACCINATION CLINIC AT
1080 E. CHICAGO STREET, ELGIN, COOK COUNTY, ILLINOIS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Richard G.Kozal,City Manager,and Kimberly A.Dewis,City Clerk,be and are hereby authorized
and directed to execute on behalf of the City of Elgin an Intergovernmental Agreement by and
between the City of Elgin, Illinois and the County of Kane, Illinois to facilitate the operation of a
mass vaccination clinic at 1080 E. Chicago Street,Elgin,Cook County,Illinois,a copy of which is
attached hereto and made a part hereof by reference.
s/David J. Ketain
David J. Kaptain, Mayor
Presented: May 26, 2021
Adopted: May 26, 2021
Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
IGA RESOLUTION
ATTACHMENT B
INTERGOVERNMENTAL AGREEMENT
BY AND BETWEEN
THE CITY OF ELGIN, ILLINOIS
AND
THE COUNTY OF KANE, ILLINOIS
TO
FACILITATE THE OPERATION OF A MASS VACCINATION CLINIC AT
1080 E. CHICAGO STREET,ELGIN,COOK COUNTY,ILLINOIS
THIS AGREEMENT entered this 26th day of May ,2021,by and between the City of Elgin,(herein called
the"City"),a municipality of the State of Illinois,and,the County of Kane,Illinois,a body politic and corporate of
the State of Illinois,(herein called the"County"), governs cooperative and joint efforts by the City and the County
to facilitate the operation of a mass vaccination clinic at 1080 E.Chicago Street,Elgin,Cook County,Illinois(herein
called the"Site").
WHEREAS,on March 13,2020,the President of the United States issued a Proclamation on Declaring a National
Public Health Emergency as a result of the COVID-19 outbreak;and
WHEREAS, County and City residents currently face an unprecedented health crisis due to the COVID-19
pandemic;and
WHEREAS,as of April 14,2021,54,458 County residents have tested positive for COVID-19 and 750 have died;
and
WHEREAS,the rapid deployment and administration of vaccines is critical to prevent the further spread of COVID-
19 and associated loss of life;and
WHEREAS,in order to achieve the goal of rapid deployment and administration of vaccines,the County is in need
of establishing locations for mass vaccination sites; and
WHEREAS,the County has,through the acting Interim Executive Director of the Kane County Health Department,
through her authorization pursuant to the Illinois Emergency Management Agency Act, 20 ILCS 3305/100) and
pursuant to Resolution 20-103, entered into an Intergovernmental Agreement with the Cook County Health
Department,for the provision of vaccination services at the Site; and
WHEREAS,the aforementioned agreement with the Cook County Health Department contemplates the provision
of vaccine services at the Site by the Kane County Health Department, in conjunction with the City of Elgin;and
WHEREAS, Article VI1, Section 10 of the 1970 Illinois Constitution and the Illinois Intergovernmental
Cooperation Act(5 ILCS 220/1 et seq.)and other applicable law permit and encourage units of local government
to cooperate with and support each other in the exercise of their authority and the performance of their
responsibilities;and
WHEREAS, the Illinois Intergovernmental Cooperation Act authorizes units of local government to combine,
transfer or jointly exercise any power, privilege, function, or authority which either of them may exercise, and to
enter into agreements for the performance of governmental services,activities,or undertakings; and
WHEREAS,the City and County hereby mutually pledge to take the actions and provide the services listed herein
to facilitate the establishment and operation of the Site for the good of all County and City residents, and for the
good of all residents of the State;and
WHEREAS, pursuant to the mutual aid provisions of the Illinois Emergency Management Agency Act, 20 ILCS
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3305/13,the City's police and fire agencies will provide mutual aid to the County and cooperate to provide services,
as needed at the Site;and
WHEREAS, the Parties acknowledge that the cooperative efforts and actions provided by the terms of this
Agreement are conducted in performance and compliance with the Illinois Emergency Management Agency Act,
20 ILCS 3305/1, et seq. and the Kane County Health Department Executive Director is authorized to execute this
Agreement on behalf of the Kane County pursuant to emergency authority vested by Kane County Resolution 20-
103.
NOW,THEREFORE,the Parties mutually agree as follows:
I. AGREEMENT TERM& SURVIVAL OF TERMS
A. This Agreement shall become effective on the date of execution, and end on December 30, 2021 (the
"Initial Term"). With regard to all dates and time periods set forth, or referred to, in this Agreement,time
is of the essence,and the City and County acknowledge they shall comply with their obligations within the
required timeframe.
B. This terms and conditions of this Agreement may be amended and/or the Agreement may be extended
beyond the Initial Term only upon the written approval of both Parties; provided, however, that all terms
and conditions of this Agreement shall remain in full force and effect unless this Agreement is specifically
amended.
C. Those terms relating to the parties' obligations to maintain records and provide records shall survive the
termination of this Agreement, including, but not limited to surviving the time period for conducting any
audit(s)or any time periods for concluding other residual responsibilities of the County or the City.
II. NOTICES
A. Legal Notices
Legal notices to the County as required by this Agreement shall be delivered in writing,and addressed to the
County as set forth below. Legal notices to City as required by this Agreement shall be in writing, and
addressed to the City as set forth below. All such legal notices shall also be deemed duly given if personally
delivered,or if deposited in the Unites States mail, registered or certified return receipt requested.
KANE COUNTY STATE'S ATTORNEY'S OFFICE
ATTN: CIVIL DIVISION
100 S.THIRD STREET,4'h FLOOR
GENEVA, IL 60134
CITY OF ELGIN
CORPORATION COUNSEL
150 DEXTER COURT
ELGIN, IL 60120
B. Communications and Notices, Other than Legal Notices
Other than le.-al notices, all other communications and notices may be sent between the parties via email or
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U.S. Mail,as addressed below:
KANE COUNTY
ATTN: Kane County Building Management Department
Executive Director,Chris Allen
allenchristopher@co.kane.il.us
719 S. Batavia Avenue, Bldg. A
Geneva, IL 60134
OR:
ATTN: Kane County Health Department
Interim Executive Director, Kathy Fosser
fosserkathy@co.kane.il.us
1240 N. Highland Ave., Ste. 26
Aurora, IL 60506
CITY OF ELGIN:
Name: Richard G. Kozal,City Manager
Address: City of Elgin
150 Dexter Court
El pain, IL 60120
Email: kozal_r@cityofelgin.ora
III. TERMS& CONDITIONS
A. County Obligations
1. The County hereby agrees that it shall provide vaccine management and clinical oversight services for
the operation and provision of vaccines at the Site, in conjunction with the Illinois Department of Public
Health and the Illinois National Guard. The parties agree that the Illinois Department of Public Health
and the Illinois National Guard are not parties to this agreement.
2. The County hereby agrees it will provide cleaning and janitorial services related to its use of the Site.
3. The County will communicate regarding coordination for mutual aid for police and fire services, for
emergency medical service ("EMS") personnel, for volunteer staffing management, for facility site
management, for security,and for parking/traffic control at the Site as provided by the City in a prompt
and efficient manner to facilitate the implementation of such services.
4. The County agrees to communicate with the City on a timely basis regarding any questions, concerns,
issues,or other matters which arise in relation to the Site.
5. The County shall bear all responsibility for its own costs associated with providing vaccine management
and clinical oversight and cleaning and janitorial services for the operation and provision of vaccines at
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the Site.
B. City Obligations
1. The City acknowledges ownership and control of the building and grounds at the Site and hereby agrees
to permit the County the use and occupancy of all building space and grounds at the Site for the purpose
of operating the mass vaccination clinic at no cost to the County.
2. The City hereby agrees to that it shall provide mutual aid for police and fire services,emergency medical
service ("EMS") personnel, volunteer staffing management, facility site management, security, and
parking/traffic control at the Site.
3. The City will communicate regarding coordination of vaccine management and clinical oversight
services for the operation and provision of vaccines at the Site and cleaning and janitorial services as
provided by the County in a prompt and efficient manner to facilitate implementation of such services.
4. The City agrees to communicate with the County on a timely basis regarding any questions, concerns,
issues,or other matters which arise in relation to utility costs and payment.
S. The City shall bear all responsibility for its own costs associated with providing police and fire services,
emergency medical service ("EMS") personnel, volunteer staffing management, facility site
management,security,and parking/traffic control at the Site.
C. Amendments
This Agreement may be amended at any time only by a written instrument signed by both Parties. Such
amendments shall not invalidate this Agreement, nor relieve or release either Party from its obligations under
this Agreement.
D. Breach and/or Default
Should either party breach any term of the agreement or default in any way on their obligations,the other party
has the right to immediately terminate the agreement.
IV. ADMINISTRATIVE REQUIREMENTS
A. Compliance with laws
The parties hereby agree to comply with all applicable laws, rules, regulations, whether federal, state, or local
in origin, in fulfilling their obligations under this Agreement.
B. Recordkeeping
The parties hereby agree to maintain the records related to this Agreement for five(5)years,or the time-period
required by applicable law,whichever is longer.
C. Audits& Inspections
The parties agree that all records of each party pertaining to this Agreement will be made available and open to
inspection to the other party or any necessary entity for the purposes of any audit required under an},applicable
federal, state,or local law.
V. ATTACHMENTS
All attachments to this Agreement are incorporated as if set out fully. In the event of any inconsistencies or conflict
between the language of this Agreement and the attachments,the language of the attachments shall control,but only
to the extent of the conflict or inconsistency.
This Agreement contains the following attachments:
• Attachment A—Agreement with Cook County Department of Public Health
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• Attachment B—FEMA Rider
VI. BREACH; REMEDIES
If either party is in default of any of its obligations under this agreement, the other party may seek to exercise all
lawful remedies available to it at law or in equity, up to and including termination of the agreement, if after 30-day
notice of default,the defaulting party has not remediated the default. All efforts will be made by both parties to cure
a default and avoid termination.
VII. SEVERABILITY
If any provision of this Agreement is held invalid,the remainder of the Agreement shall not be affected thereby and
all other arts of this Agreement shall nevertheless be in full force and effect.
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VIII. WAIVER
Either party's failure to act with respect to a breach by the Recipient does not waive its right to act with respect to
subsequent or similar breaches. The failure of either party to exercise or enforce any right or provision shall not
constitute a waiver of such right or provision.
IX. CERTIFICATION
Both parties hereby certify that they have the authority and approval from its governing body to execute this
Agreement and perform the obligations as outlined herein.
X. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and it supersedes all prier or contemporancous
communications and proposals,whether electronic,oral,or written between the parties.
[signature page to follow]
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IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this
Agreement on the dates hereafter set forth below.
CITY OF ELGIN, ILLINOIS
Signed: l AT E
Its Duly Authorized Agent
�aw 1)64eez
mberly A. &Awis
Printed Name:
Richard G. Kozal City Clerk
Title: t;i_t:y N<inager
Date: May 26, 2021
KANE COUNTY, ILLIN S
Signed:
Its Duly Authorized Ag
Printed Name:
Title:
Date:
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INTERGOVERNMENTAL AGREEMENT
BETWEEN
COOK COUNTY DEPARTMENT OF PUBLIC HEALTH
AND
THE KANE COUNTY HEALTH DEPARTMENT
FOR
THE ESTABLISHMENT OF A COVID-19 VACCINATION SITE IN THE CITY OF ELGIN,COOK COUNTY,ILLINOIS
This Intergovernmental Agreement("IGA"or"Agreement") is entered into this 6th day of April, 2021 (Execution Date),
by and between the County of Cook,a body politic and corporate of Illinois,through its Cook County Health and Hospitals
System ("CCHHS"), on behalf of the Cook County Department of Public Health ("CCDPH") and the County of Kane,
through the Kane County Board of Health and the Kane County Health Department("KCHD"),herein Individually referred
to as a"Party"and collectively as"Parties,"for the establishment of a COVID-19 Vaccination Site.
WHEREAS,CCDPH is the local public health department certified by the Illinois Department of Public Health("IDPH")to
serve all of suburban Cook County,Illinois,except those areas served by another IDPH-certified local health department;
and
WHEREAS, KCHD is the local public health department certified by IDPH to serve Kane County,Illinois;and
WHEREAS, an effective response to a Public Health Emergency may require the cooperative efforts of many
individuals and entities,both governmental and private,including,but not limited to,local public health departments,
health providers,local law enforcement,fire departments, municipalities, local government entities,school districts,
colleges and universities;and
WHEREAS,KCHD has secured a site intheGtyof Elgin,Cook County,Illinois,located at 1080 East Chicago Street,Elgin,Illinois,60120
("Site"),which is within CCDPH's jurisdiction, for the performance of Clinical Activities in response to a Public Health
Emergency;and
WHEREAS,CCDPH and KCHD wish to cooperate in the establishment of a COVID-19 vaccination clinic at the Site;and
WHEREAS,The Parties acknowledge that the cooperative efforts and actions provided by the terms of this Agreement
are conducted in performance and compliance with the Illinois Emergency Management Agency Act,20 ILCS 3305/1,et
seq.and KCHD is authorized to execute this Agreement on behalf of the Kane County pursuant to its emergency authority
vested by Kane County Resolution 20-103.
NOW,THEREFORE,In consideration of the above recitals and of the mutual covenants and other consideration contained
in this IGA,the Parties agree to the following:
1. INCORPORATION OF RECITALS
The above recitals are hereby incorporated into and made part of this Agreement.
II. TERM AND TERMINATION
A. I=.This Agreement shall be effective upon execution by both parties and shall expire one(1)year
from date of execution.
B. Termination.Any Party wishing to terminate this Agreement shall provide no less than thirty(30)days
advance written notice to the other Party.
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C. Immediate Termination. Notwithstanding the Termination provision set forth in section II(B) above,
CCDPH or KCHD may immediately terminate this Agreement related to legislative, funding,
governmental and/or other administrative factors.
III. DEFINITIONS
A. "Clinical Activities"shall mean those public health functions performed at Site by KCHD in response to
or in preparation for a public health related event. Clinical Activities may include,but are not limited
to, physical assessments, epidemiological investigations, minor medical treatments, and the
dispensing or administration of medications and vaccinations,including medications and vaccinations
made available under an Emergency Use Authorization.
B. "Ememencv Use Authorization" shall mean a mechanism to facilitate the availability and use of
medical countermeasures, including vaccines,during a declared Public Health Emergency. Under an
Emergency Use Authorization, the Food and Drug Administration ("FDA") may allow the use of
unapproved medical products,or unapproved uses of approved medical products in an emergency to
diagnose,treat, or prevent serious or life-threatening diseases or conditions when certain statutory
criteria have been met, including that there are no adequate,approved,and available alternatives.
C. "Public Health Emergency"shall mean the actual or anticipated threat of harm to the public's health
and safety due to the exposure or potential exposure to hazardous biological,chemical,or radiological
agent(s) or other emerging public health threat(s). Public Health Emergency shall include, but not
limited to,instances in which a disaster has been declared by governmental authorities.
D. "&W shall mean the physical location, secured by agreement by and between KCHD and the Site
owner,as located at 1080 East Chicago Street,Elgin, Illinois 60120.
IV. RESPONSIBILITIES OF KCHD
A. Performance and oversight of all Clinical Activities at the Site.
B. Performance of all duties and responsibilities established in the agreement by and between KCHD
and the Site owner.
C. Coordinate with CCDPH for assistance with operation of the Site,as necessary.
V. RESPONSIBILITIES OF CCDPH
A. Allow KCHD to perform Clinical Activities at the Site,which is located within CCDPH's jurisdiction,to
address the COVID-19 Public Health Emergency, for a time frame as mutually agreed upon by the
Parties.
B. Provide assistance to KCHD,as needed and at the specific request of KCHD,with Clinical Activities or
wraparound services for the Site.
VI. LIAISONS
CCDPH and KCHD shall each identify a primary liaison together with their respective emergency contact
information. These individuals shall be authorized to act on behalf of the parties to plan for and facilitate
the implementation of this Agreement and to provide and receive information pursuant to this
Agreement.
VII. CONFIDENTIALITY
The Parties shall comply with all applicable laws relating to the confidentiality of any individual health
information generated,created or reviewed in connection with the activities set forth in this Agreement
including but not limited to:the Health Insurance Portability and Accountability Act of 1996,as amended
(the "Act"), including the federal privacy regulations (the "Privacy Rule") and security regulations (the
"Security Rule")promulgated pursuant to the Act and codified in the Code of Federal Regulations("C.F.R.")
at 45 C.F.R.parts 160 and 164(collectively,"HIPAA")and the Health Information Technology for Economic
and Clinical Health Act provisions of the American Recovery and Reinvestment Act of 2009, Pub. Law No.
111-5 and its implementing regulations (collectively, "HITECH"). The parties shall maintain the
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confidentiality of, and refrain from disclosing, personally identifiable health information except as
permitted by law.
Vill. RESPONSIBILITY FOR OPERATIONS
It is understood and agreed that each party to this Agreement is responsible for the activities of its
employees and agents and for maintaining its own insurance, self-insurance programs, workers'
compensation programs or occupational disease benefit programs,with respect to its own activities. It is
the intent of the parties that neither party to this Agreement shall be liable for any negligent or wrongful
act chargeable to the other.This Agreement shall not be construed as seeking to either enlarge or diminish
any obligation or duty owed by one party against the other or against third parties nor shall it be construed
to create or increase liability of either party beyond that which is otherwise imposed upon it by law.
IX. MISCELLANEOUS
The following terms shall also apply with respect to the provisions of this Agreement:
A. Entire Agreement: Amendment. This Agreement constitutes the entire agreement between the
parties and supersedes any prior written or oral agreements between the parties regarding the
subject matter hereof. This Agreement shall not be amended except by written agreement of the
parties. The Parties may enter into amendments to this Agreement, provided that no such
amendment may result in the imposition of any payment obligation upon the County of
Cook/CCH/CCDPH or County of Kane/KCHD without the approval of the Cook County Board of
Commissioners and/or the CCH Board of Directors or Kane County Board and/orthe Executive Director
of the KCHD.
B. Media Relations. The Parties agree that Kane County and/or the KCHD will coordinate any
communication to the media and/or public regarding this Agreement and the activities to be
performed pursuant to this Agreement,until and if such time as Cook County and/or CCDPH become
actively involved in the operations of the Site. At that time,any communication to the media and/or
public regarding this Agreement and the activities to be performed pursuant to this Agreement shall
be made by,or in collaboration with the CCH Chief Communications and Marketing Officer or CCDPH
Communications Manager and KCHD Public Information Officer.
C. Marketing:Use of Names.No Party shall utilize the name, logo, image or creative content relatingto
another party nor disclose the fact of this engagement to third parties,for purposes unrelated to the
performance of this Agreement except as expressly approved in writing by the other party.
D. No Third Party Beneficiaries. The terms of this Agreement shall be binding upon and inure to the
benefit of the parties only.
E. Liability Neither Party assumes any liability for the acts or omissions of the other under this
agreement,including, but not limited to,the acts and omissions of a party or its officers,employees,
subcontractors, volunteers, agents, licensees, or invitees in their performance of professional
activities including, but not limited to,the duties as described under this Agreement. In the event of
a claim,each party shall be responsible for its own defense. Nothing in this section shall limit the
immunity from liability available to either or both Parties under the Public Readiness and Emergency
Preparedness Act("PREP Act")and/or the Illinois Emergency Management Agency Act("IEMAA"),as
applicable, for the dispensing and/or administration of medications and vaccinations as
countermeasures to diseases, threats and conditions, including those made available under an
Emergency Use Authorization.
F. Relationship of the Parties. CCDPH and KCHD are independent contractors for purposes of this
Agreement. Nothing contained in this Agreement nor any act of the parties is intended to nor shall be
construed by any person or KCHD to create any relationship of partners,joint venture or any other
relationship between CCDPH and KCHD other than that of independent contractors.
G. Governing Law.This Agreement shall be governed,interpreted and construed in accordance with the
laws of the state of Illinois,County of Cook.
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H. Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining
provisions shall remain in effect to the fullest extent permitted by law.
1. Head* .The headings to the sections of this Agreement are included only for the convenience of
the parties and will not have the effect of defining, diminishing or enlarging the rights of the parties
or affecting the construction or interpretation of any portion of this Agreement.
J. Nondiscrimination. There shall be no unlawful discrimination or treatment because of race,ethnicity,
color, religion,sex,sexual orientation,gender identity,national origin,age,order of protection status,
marital status,ancestry,military status,unfavorable discharge from military service,citizenship status,
physical or mental disability or any other legally protected classification or group or because of actual
or perceived association with such classification or group in the implementation of this Agreement.
K. Compliance with the Law. In the performance of this Agreement, CCDPH and KCHD, and their
respective employees and agents shall comply with all applicable federal,state,and local laws, rules,
ordinances,regulations,and orders and all filing, license and permit requirements. KCHD shall obtain
at their own expense,all licenses and permissions necessary for the performance of this Agreement.
L. Drafting of Agreement. Despite the possibility that one party or its attorneys have prepared a draft
of this Agreement or portions thereof,the parties agree that none of them shall be deemed the drafter
of this Agreement and that,in construing this Agreement in case of any claim that any provision herein
may be ambiguous,no such provisions shall be construed in favor of one party on the ground that such
provision was drafted by another panty.
M. ems. All notices shall be in writing,sent by certified mail and by confirmed facsimile,return receipt
requested, with proper postage pre-paid, shall be deemed to have been given on the date of the
mailing,and shall be addressed as follows:
To KCHD: To CCDPH:
Kathy Fosser Rachel Rubin, MD, MPH, FACP
Interim Executive Director Senior Medical Officer,Co-Lead
Kane County Health Department Cook County Department of Public Health
1240 N. Highland Ave.,Ste.26 7556 Jackson Blvd.,Administrative Office
Aurora, IL 60506 Park Forest, IL 60130
END OF PAGE
SIGNATURE PAGE FOLLOWS
Page 4 of 5
IN WITNESS WHEREOF,the parties agree to the above terms and have caused this Agreement to be
signed by their duly authorized representatives:
FOR KANE COUNTY HEALTH DEPARTMENT
Signature: r 1[.t.t z!A Date: 4/6/2021
Kathy Fosser
Interim Executive Director
Kane County Health Department
FOR COOK COUNTY DEPARTMENT OF PUBLIC HEALTH
� I
l
i Signature:_ Date: T 12-021
Israel,R6cha
Chi Executive Officer
Cffok County Health
Page 5 of 5
ATTACHMENT B
RIDER
FEMA REQUIRED TERMS
This Rider is hereby incorporated into the Intergovernmental Agreement by this reference. To the
extent there is a conflict between the terms and provision contained in the Intergovernmental
Agreement and the terms and provisions contained in this Rider, the terms and provisions
contained in this Rider shall prevail.
1. Termination for Convenience. The parties acknowledge that this Intergovernmental
Agreement shall be subject to and governed by the terms of 48 CFR § 52.249-2 et. seq.
(Termination for Convenience of the Government(Fixed-Price)),as amended,which terms
shall apply to this Intergovernmental Agreement and are hereby incorporated by reference.
2. Compliance with the Contract Work Hours and Safety Standards Act
a. Overtime requirements. No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek
in which he or she is employed on such work to work in excess of forty hours in
such workweek unless such laborer or mechanic receives compensation at a rate
not less than one and one-half times the basic rate of pay for all hours worked in
excess of forty hours in such workweek.
b. violation;liabilityfor unpaid wages;liquidated damages. In the event of any violation
of the clause set forth in paragraph (b)(1) of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
such contractor and subcontractor shall be liable to the United States (in the case of
work done under contract for the District of Columbia or a territory,to such District or
to such territory), for liquidated damages. Such liquidated damages shall be computed
with respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in paragraph (b)(1)of this section, in the
sum of$27 for each calendar day on which such individual was required or permitted
to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (b)(1)of this section.
c. Withholding for unpaid wages and liquidated damages. The parties shall upon their
own action or upon written request of an authorized representative of the Department
of Labor withhold or cause to be withheld, from any moneys payable on account of
work performed by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held
by the same prime contractor, such sums as may be determined to be necessary to
satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (b)(2) of this
section.
d. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (b)(1) through (4) of this section and also a clause
736611375 12345986
requiring the subcontractors to include these clauses in any lower tier subcontracts.The
prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs(b)(1)through(4)of this section.
3. Clean Air Act.
a. The parties agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq.
b. The parties agree to report each violation as required to assure notification to the
Federal Emergency Management Agency ("FEMA'), and the appropriate
Environmental Protection Agency Regional Office.
c. The parties agree to include the terms in Sections 2(a) and 2(b) above in each
subcontract exceeding $150,000 financed in whole or in part with Federal
assistance provided by FEMA.
4. Federal Water Pollution Control Act.
a. The parties agree to comply with all applicable standards, orders, or regulations
issued pursuant to the Federal Water Pollution Control Act,as amended, 33 U.S.C.
1251 et seq.
b. The parties agree to report each violation as required to assure notification to
FEMA, and the appropriate Environmental Protection Agency Regional Office.
c. The parties agree to include the terms in Sections 2(a) and 2(b) above in each
subcontract exceeding $150,000 financed in whole or in part with Federal
assistance provided by FEMA.
5. Debarment and Suspension.
a. This Intergovernmental Agreement is a covered transaction for purposes of 2
C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the parties shall verify that none of
its principals (as defined in 2 C.F.R. § 180.995) or its affiliates (as defined in 2
C.F.R. §180.905) are excluded (as defined in 2 C.F.R. § 180-940) or disqualified
(as defined in 2 C.F.R. § 180.935).
b. The parties must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, and must include a requirement to comply with these regulations in any
lower tier covered transaction it enters into.
c. This certification is a material representation of fact relied upon by the parties. If it
is later determined that the parties did not comply with 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to each party,
the Federal Government may pursue available remedies, including but not limited
to suspension and/or disbarment.
d. The parties agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C while this ol'ler is valid and throughout the period
of any contract that may arise from this offer. The parties further agree to include a
provision requiring such compliance in its lower tier covered transactions.
6. Byrd Anti-Lobbying Amendment. The parties and all contracting parties shall file the
required certification attached hereto as Schedule 1, certifying that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress,
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officer or employee of Congress, or an employee of a member of Congress in connection
with obtaining any Federal contract,grant,or any other award covered by 31 U.S.C. § 1352
and disclosing any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures shall be forwarded from tier to tier up to
each party who in turn will forward the certification(s)to the awarding agency.
7. Procurement of Recovered Materials.
a. In the performance of this contract, the Contractor shall make maximum use of
products containing recovered materials that are EPA-designated items unless the
product cannot be acquired-
1. Competitively within a timeframe providing forcompliance with the
contract performance schedule;
2. Meeting contract performance requirements; or
3. At a reasonable price.
b. Information about this requirement, along with the list of EPA- designated items,
is available at EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.
c. The parties also agree to comply with all other applicable requirements of Section
6002 of the Solid Waste Disposal Act.
8. Access to Records.
a. The parties agree to provide each other,the FEMA Administrator,the Comptroller
General of the United States, or any of their authorized representatives access to
any books, documents, papers, and records of each party which are directly
pertinent to this Intergovernmental Agreement for the purposes of making audits,
examinations, excerpts, and transcriptions.
b. The parties agree to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
c. The parties agree to provide the FEMA Administrator or his authorized
representatives access to construction or other work sites pertaining to the work
being completed under this Intergovernmental Agreement, if any.
d. In compliance with the Disaster Recovery Act of 2018, the parties acknowledge
and agree that no language in this Intergovernmental Agreement is intended to
prohibit audits or internal reviews by the FEMA Administrator or the Comptroller
General of the United States.
9. Contract Chan es or Modifications. The parties acknowledge
u p edge that this Intergovernmental
Agreement shall be subject to and governed by the terms of 48 CFR § 52.243-1 et.seq.
(Changes — Fixed Price) as amended, which terms shall apply to this Intergovernmental
Agreement and are hereby incorporated by reference.
10. DHS Seal. Logo and Flags. The parties shall not use the U.S. Department of Homeland
Security ("DHS") seal(s), logos, crests, or reproductions of flags or likenesses of DHS
agency officials without specific FEMA pre-approval.
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II. Compliance with Federal Law Regulations and Executive Orders_. This is an
acknowledgement that FEMA financial assistance will be used to fund all or a portion of
the Intergovernmental Agreement.The parties will comply with all applicable Federal law,
regulations,executive orders, FEMA policies, procedures, and directives.
12.No Obligation by Federal Government. The Federal Government is not a party to this
Intergovernmental Agreement and is not subject to any obligations or liabilities to County,
City, or any other party pertaining to any matter resulting from this Intergovernmental
Agreement.
13. Program Fraud and False or Fraudulent Statements or Related Acts. The parties
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements), as amended, applies to the parties' actions pertaining to this
Intergovernmental Agreement and is hereby incorporated by reference.
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SCHEDULE 1 (CITY)
BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION
The undersigned certifies,to the best of his or her knowledge and belief,that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned,to any person for influencing or attempting to influence an officer
or employee of an agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan,the entering into of any cooperative agreement,and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or employee of congress, or an
employee of a member of Congress in connection with this Federal contract,grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Farm-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
c. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that
all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352,title 31, U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than$10,000
and not more than$100,000 for each such failure.
The City certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, the undersigned understands and agrees that the
provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements,
apply to this certification and disclosure, if any.
CITY OF ELGIN:
*Kimberly
:
Name: Richard G. Kozal
Title: City Manager
Date: May 26, 2021 A ewis
City Clerk
73661137512345996
SCHEDULE 1 (COUNTY)
BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION
The undersigned certifies,to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned,to any person for influencing or attempting to influence an officer
or employee of an agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan,the entering into of any cooperative agreement,and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan,or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or employee of congress, or an
employee of a member of Congress in connection with this Federal contract,grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
c. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that
all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person
who fails to file the required certification shall be subject to a civil penalty of not less than$10,000
and not more than$100,000 for each such failure.
The County certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, the undersigned understands and agrees that the
provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements,
apply to this certification and disclosure, if any.
COUNTY OF KAN
Name:
Title:
Date:
736611375 12345986