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HomeMy WebLinkAbout23-1201 Well Child Center of Elgin - SMASSSUB -RECIPIENT AGREEMENT BETWEEN THE CITY OF ELGIN AND WELL CHILD CENTER This SUB -RECIPIENT AGREEMENT . is entered into as of the day of , 2023, by and between the CITY OF ELGIN, an Illinois municipal corporation (the "City" or "Recipient") and WELL CHILD CONFERENCE OF ELGIN d/b/a WELL CHILD CENTER a not -for -profit corporation incorporated pursuant to the laws of the State of Illinois, having a principal place of business at 620 Wing Street, Suite #2, Elgin, Illinois, 60123 (the "Sub -Recipient" or "Sub -Grantee"). RECITALS A. The Illinois Department of Human Services (the "IDHS" or "Grantor") is the agency of the State of Illinois designated to administer $42.5 million in aid for eligible asylum seekers via the Supporting Municipalities for Asylum Seeker Services (SMASS) grant. B. The Metropolitan Mayors Caucus (the "Caucus") and IDHS entered into an Agreement (the "Grant Agreement"), whereby the Caucus, as Regional Intermediary, has agreed to manage the distribution and administration of the SMASS grant program. Throughout the period of the grant, the Caucus will support Grantees by (a) monitoring Grantees performance and use of grant funds, (b) distributing grant payments, and (c) assisting Grantees via site visits, hosting virtual webinars to share best practices and inform future strategy building, etc. C. City has applied for an SMASS grant from the IDHS and was awarded a grant in the total amount of $1,270,699, to be distributed and administered by the Caucus (the "SMASS Grant"). D. The City and the Caucus are parties to the SMASS FY24 Grant Acceptance Form, which incorporates by reference the SMASS FY24 Recipient Assurances and Requirements document (the "Recipient Assurances and Requirements"), attached hereto as Exhibit 1 and incorporated herein by this reference. Said Recipient Assurances and Requirements document contains as Attachment A the Grant Agreement between the Caucus and IDHS, and provides that the City shall perform consistent with the terms, conditions, and provisions in the Grant Agreement and pursuant to the duties and responsibilities imposed by IDHS under the laws of the State of Illinois, and further provides that any contracts with approved Sub -Recipients shall also be subject to these same requirements. E. The services to be provided by Sub -Recipient pursuant to this Agreement were set forth in the City's application for the SMASS Grant, and the provision of such services by Sub -Recipient and the distribution of grant funds to Sub -Recipient are each reflected in the grant award to the City under the Work Plan (Attachment B) and Budget (Attachment C) of the Recipient Assurances and Requirements. F. The City and Sub -Recipient enter into this Agreement pursuant to their respective authority to enter into such agreements, and do hereby agree as follows: II. AMOUNT OF GRANT; REPORTING REQUIREMENTS; PAYMENT PROCEDURE A. The City shall distribute to Sub -Recipient, as Sub -Recipient's portion of the total SMASS Grant received by the City, and in consideration of the Sub -Recipient's undertaking to participate in the grant program in the manner set forth herein, a grant in an amount not -to -exceed $50,400 (hereinafter "Grant Funds"). B. Sub -Recipient is required to submit a monthly Progress Report to the City describing activities on grant progress and a monthly Budget Expenditures Report, including receipts for purchases totaling $1,000 or more, by the 5th day of the following calendar month, until the conclusion of the grant period. Sub - Recipient shall familiarize itself with the monthly reporting forms and keep careful ledgers and other records of all costs related to this grant. For each expense Sub -Recipient must provide evidence of: • the nature of the good or service and cost; • the date(s) it was acquired or performed; • the provider of the good or service (employees or vendors); • and proof of payment. C. The City shall reimburse the Sub -Recipient on a monthly basis for the total amount approved for the prior month following receipt, review, and approval of the monthly Progress Report and Budget Expenditures Report. Any reporting submissions made after the 5th day of a calendar month will be included in the following month's submission and review. Any payments or reimbursement to the Sub -Recipient under this Agreement shall be subject to and expressly conditioned upon the City receiving reimbursement for such expenditures from the Caucus pursuant to SMASS , Grant and the Recipient Assurances and Requirements. The Progress Report and Budget Expenditures Report must be submitted monthly via e-mail to the City and addressed to: Karina Nava, Assistant City Manager, City of Elgin, 150 Dexter Court, Elgin, IL, 60120-5555, nava_k@cityofelgin.org. D. The Recipient Assurances and Requirements provides that the SMASS Grant will cover July 1, 2023, to June 30, 2024. Sub -Recipient may incur eligible grant - related costs for this time period. Grant funding not expended by the conclusion of the funding period must be returned to IDHS via the Caucus and the City. E. Revisions to the approved budget are not allowed without prior written approval by the City, and shall be subject to and conditioned upon approval of any such budget revisions by the Caucus. 2 III. SCOPE OF THE PROJECT A. Those portions of the Work Plan and Budget attached as Attachment B and Attachment C to the Recipient Assurances and Requirements identified as being performed by Sub -Recipient shall serve as the scope of work for the services to be provided by Sub -Recipient. Sub -Recipient hereby agrees to perform, in a timely fashion, the activities provided for herein, and those previously defined and identified in the Recipient Assurances and Requirements document and the attachments thereto, said activities generally consisting of providing dental healthcare, including providing preventative and restorative dental services, supplies, and materials. B. All funding provided to Sub -Recipient shall be used solely to reimburse Sub - Recipient for the Subject Services. All expenditures must support the Recipient's and Sub -Recipient's work plan activities, be directed towards Eligible Services .for Eligible Asylum Seekers, and conform with the terms and conditions in Recipient Assurances and Requirements document and the attachments thereto. For purposes of the program and this Agreement, Asylum Seeker is defined as "an individual who crossed the Mexico/U.S. border on or after August 1, 2022, with the intent to stay permanently, and who does not possess any permanent or interim U.S. legal status (which does not include being in parole status), such as legal permanent residency, a student or work visa, etc." C. Sub -Recipient must work with the City to complete the work, expend funding, and meet performance metrics as proposed. Sub -Recipient must communicate to the City any significant changes that may emerge and obtain approval from the City for such significant changes, such as change in the Subject Services, the expenditure of funds, or key personnel responsible for administering any aspect of the SMASS program. IV. SUBRECIPIENT'S COMPLIANCE WITH THE SMASS GRANT REQUIREMENTS A. This Agreement is subject to the terms, conditions, and provisions of the Recipient Assurances and Requirements document and the attachments thereto, and the City and the Sub -Recipient shall perform under this Agreement consistent with the terms, conditions, and provisions of the Recipient Assurances and Requirements and the attachments thereto, including but not limited to the requirements contained in the Grant Agreement between the Caucus and IDHS. B. In accordance with the Grant Agreement between the Caucus and IDHS, as appropriate and to the extent consistent with law, the Sub -Recipient must, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards and in all contracts and purchase orders for work or products under this grant. 3 C. The Recipient shall immediately notify the City of changes that impact the timely completion of activities supported under this grant. This notification shall include a statement of the action taken or contemplated, and any assistance needed to resolve the situation. D. Sub -Recipient must submit a W-9 tax form to the City prior to or in conjunction with any request for reimbursement under this Agreement. E. Sub -Recipient certifies the Recipient Assurances and Requirements document and the attachments thereto have been reviewed and approved, and that Sub -Recipient agrees to the terms and conditions set forth therein. The signatures below certify that such signatories are authorized to act in their respective areas for matters related to this Agreement. Sub -Recipient acknowledges that this reimbursement grant to Sub -Recipient is made solely upon this certification and that any false statements, misrepresentations, or material omissions contained herein, or which were made to the City in conjunction with the City's application for the SMASS Grant, shall be the basis for immediate termination of this Agreement and repayment of all Grant Funds. V. TERMINATION OF AGREEMENT OR SUSPENSION OF PAYMENT A. The City may terminate this Agreement or may suspend payment of Grant Funds to Sub -Recipient for Sub -Recipient's substantial breach of the Agreement, abandonment of the Subject Services, or occurrence rendering impossible the performance by Sub -Recipient of this Agreement. B. The City may suspend payments of Grant Funds due to use of funds in a manner unrelated to Sub -Recipient's performing the Subject Services, failure by Sub - Recipient in submitting supporting information or documentation for a claim, submission by Sub -Recipient of incorrect or incomplete reports, or Sub - Recipient's suspension of its performance of the Subject Services. C. In the event the City elects to terminate this Agreement or to suspend payments, for any reason stated hereinabove in paragraph A and B of this Section V, it shall notify the Sub -Recipient, in writing, of such action, specifying the particular deficiency, at least five (5) working days in advance of any such action and establishing a time and a place for the Sub -Recipient to refute the alleged deficiency at a time prior to the City's taking such action. After allowing the Sub - Recipient the opportunity to refute or correct the alleged deficiency, if the alleged deficiency continues to exist, in the reasonable opinion of the City, the City may withhold payment of the Grant Funds until such time as the violation or breach is remedied. No action taken or withheld by the City under this paragraph shall relieve the Sub -Recipient of its liability to the City for any funds expended in violation of any of the terms of this Agreement. M VI. REMEDIES A. To the fullest extent permitted by law, Sub -Recipient agrees to and shall indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorneys fees, damages or any and all other relief of liability arising out of or resulting from or through, or alleged to arise out of, any breach of this Agreement; misuse or misapplication of funds derived pursuant to this agreement by Sub - Recipient; violation of any statutes, rules and regulations, directly or indirectly, by Sub -Recipient and/or any of its agents or representatives; or any negligent acts or omissions of Sub -Recipient or of Sub -Recipient's officers, employees, agents or subcontractors. In the event of any action against the City, its officers, employees, agents, boards, or commissions covered by the foregoing duty to indemnify, defend, and hold harmless, such action shall be defended by legal counsel of the City's choosing. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. B. In the event of a violation or breach of this Agreement, or of the Recipient Assurances and Requirements, or of any violation of the statutes, rules, and regulations of IDHS, by the City, and/or any of its agents or representatives, the City's liability to Sub -Recipient shall be limited to any Grant Funds that have previously been provided to Sub -Recipient pursuant to this Agreement or such Grant Funds for which the Sub -Recipient would have been entitled to receive as reimbursement under this Agreement for expenses incurred prior to such violation or breach. Sub -Recipient hereby waives and releases the City from any and all other claims or liability pursuant to any such breach, misuse, misapplication, or violation of any such agreements, statutes, rules, or regulations. C. In the event IDHS, or any other state agency, makes any claim which would give rise to invoking the remedy provisions, as set forth in paragraphs A or B of this Section VI, then the City or Sub -Recipient shall immediately notify the other party, in writing, providing the full details of the alleged violation. To the extent that any such matter is not subject to exclusive jurisdiction under applicable state or federal law, venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement between the City and Sub -Recipient shall be in the Circuit Court of Kane County, Illinois. D. In addition to any other remedies available to the City, if the City has lost or been prevented from receiving any state or federal funds as a result of any alleged violation of law or other breach of this Agreement by Sub -Recipient, the Sub - Recipient shall repay, upon demand by the City, such amount of Grant Funds previously disbursed or allegedly due to the Sub -Recipient. XII. MISCELLANEOUS PROVISIONS A. This Agreement constitutes the entire agreement between the parties hereto. Any proposed change in this Agreement shall be submitted to the other party for prior approval. No modifications, additions, deletions, or the like, to this Agreement shall be effective unless and until such changes are executed, in writing, by the authorized officers of each party. B. This Agreement is made subject to SMASS Grant Agreement between the Caucus and the IDHS, and the Recipient Assurances and Requirements Agreement between the City and the Caucus, with the rights and remedies of the parties hereto being in accordance with any such agreements. C. Sub -Recipient shall not assign this Agreement or any part thereof and Sub - Recipient shall not transfer or assign any Grant Funds or claims due or to become due hereunder, without the written approval of the City having first been obtained. D. The section headings of this Agreement are for convenience and reference only and in no way define, limit, or describe the scope or intent of this Agreement, and should be ignored in construing or interpreting this Agreement. E. 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 unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. F. This Agreement shall not be construed to create a joint venture, partnership, employment, or other agency relationship between the parties hereto. G. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine or email shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine or email shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. M IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates recited below. CITY OF ELGI n Illinois Municipal Corporation oe- BY: DATE: Richard G. Kozal, City Manager ATTES Kimberly s, City Clerk WELL CHILD CENTER, an Illinois Not -For -Profit Corporation BY: Michelle Esquivel, Executive Director ATTEST: Pat Baeder DATE: November 29, 2023 Legal Dept\AgreementlAgr-Subrecipient-SMASS Grant -Well Child Center 11-16-23.docx 7 EXHIBIT 1 SUPPORTING MUNCIPALITIES FOR ASYLUM SEEKERS SERVICES GRANT FISCAL YEAR 2024 RECIPIENT ASSURANCES AND REQUIREMENTS BETWEEN THE CITY OF ELGIN AND THE METROPOLITAN MAYORS CAUCUS (INCLUDING ATTACHMENTS A, B AND C THERETO)