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HomeMy WebLinkAbout91-0507 Grant 91-16108 91- 0503 1. Illinois Department of Commerce and Community Affairs Jim Edgar Governor May 7, 1991 Ms. Dolonna "Loni" Mecum, PLS City Clerk City of Elgin 150 Dexter Court Elgin, IL 60120 Re: Grant No. 91-16108 Dear Ms. Mecum: Enclosed is your fully executed copy of the grant agreement between your agency and the Department of Commerce and Community Affairs (DCCA) . Please retain this copy in your files for reference during the administration of the grant and for future audit and monitoring purposes. If you have any questions regarding your grant agreement, please contact your DCCA Grant Manager. Sincerely, Jan M. Grayson Director Enclosure cc: DCCA Grant Manager 620 East Adams Street State of Illinois Center Tourist Information Center Springfield.Illinois 62701 100 West Randolph Street.Suite 3-400 310 South Michigan Avenue,Suite 108 Chicago.Illinois 60601 Chicago.Illinois 60604 2171782-7500 312/814-7179 312/793-2094 Telex:910-221-5559 ------- --=--'.;,-i-L-- ,. .ii,g,i1g—i14--.. .4...*..-,-.ca-g-t . ..151,:!..:izit,--..---- ---'9.--1--z_--...—..4 .__.r- ii:-.J.4„:3„;tp-.-.q.,?,,,:__-:..„.—_:.:4;•:.,i?,..,, -__,--.i.:,;-:::„!--,--..-.:„ ..-1-d-- .77-:-:.,,, ,W-4-.?"-::::-- ,..,-*:,:---: 1 _,:',„f:^,f-f .,_,..„.. ,...,z....,T-_._-_„--za„,:,,-,....- .-:,,,,,,:-.--„•,-;':-.7,,,r.:::i-.;_L;;.:‘,..,..:, ,,:,--,:,.,.-.,-t-;.,-,--5,541.,' _ __ ..,,,.= .... -,,...,,, ,...-,' 7 -_,-2._ -.:' -- _:. ' - - '"' - 1 ." . - 1 ---, = ' `..:,,f,..7--,-_-.4k 1 I . ' :4 STATE OF ILLINOIS CLEAN AND BEAUTIFUL PROGRAM . ...-_- ..`------,- Grant No. 91-16108 .=. _ J . . -.1 for the ...i , , 4 . .. City of Elgin . 150 Dexter Court Elgin, Illinois 60120 u. . . _ . bythe Illinois Department of Commerce and Community Affairs 620 East Adams Street- . Springfield, Illinois 62701 . . • . . . - . a:CBGrtAwd 02/22/91 . . . . . . . . . _ ........ . _ . . • • ILLDJOIS CLEAN ANDBEAUTIFUL . APPLICATION . Name and Address of Local Government.: Local Government FEIN 11: �itv of E1Qin__ 36-6005-862 150 Dexter Ct. Figin. Il 60120 • • County: Kane • Project Duration: • Beginning: March 19. 1991 • Ending: June 30. 1991 • Duration: 4 Months PrograM Contact Person: Chief Elected Official: - Name: Martha Jernberg Name: George VanDeVoorde Title: Elgin Proud 6 Beautiful • Title: Mayor, City or Glgtn Street: 24 E. Chicago St. • Street: 150 Dexter Ct. City: Elgin, City: Elgin, State/Zip: IL 60120 . State/Zip ' IL 60120 Phone: ( 708 ) 741-5660 Phone: ( 708. ) 695-6500 • Keep America Beautiful Certification: Legislative Location: Certified1987 - . . State House District: Pre-Certified 65 & 66 Other State Senate District: Explain: 33 U.S. Congressional District: 14 Status of Proposed Funding: . SOURCE OF FUNDS • AMOUNT Clean & Beautiful Program Grant $, 9,000.00 • Elgin Proud & Beautiful Funds- . $ 5,250.0x. . City of Elgin: • ' $ 3,750.00 Total Program Funding:... $ 18,000.00 • - To the best of my knowledge and belief, data in this application are true and • correct, the document has been duly authorized by the governing body of the . • applican and the applicant will comply with the attached assurances if the - applic ion is approved ' B • Signature>of Authorized Official Tittle • Oate igned IXPCRTANT NOTICE This state agency is requesting disclosure .of information that- is necessary to accomplish the' statutory purpose Al outlined-under Iii. Rev. Stats. Chap. 127, Par. 46.1 et seq. Disclosure of this information is REQUIRED. Failure to provide any information will result in'this form not being processed. This form has been approved by the State Forms Management Center. -9- - -- Page 1 of 12 pages PART I - NOTICE OF GRANT AWARD The Illinois Clean and Beautiful Grant Agreement (hereinafter referred to as "Grant Agreement") by and between the Illinois Department of Commerce and Community Affairs (hereinafter referred to as "Department") and the. City of Elgin (hereinafter referred to as "Grantee". ) This Grant Agreement includes the following sections, all of which are incorporated into and made a part of this Grant: Part I Notice of Grant Award Part II Method of Compensation; Fiscal Recording/Reporting Requirements Part III Terms.and Conditions Governing the Grant Part. IV Assurances Part V Budget Part VI Scope of Work The following recitals form a material part of this Grant Agreement. WHEREAS, pursuant to the provisions of Section 46.53 of the' Civil Administrative Code ofIllinois (Ill . Rev. Stat. 1989, ch. 127, par. 46.53) , the Department is empowered to make Illinois Clean and Beautiful grants to qualified applicants; and WHEREAS, the Department's financial assistance in identifying, developing, and commercializing community-based litter and solid waste reduction activities will permit Illinois communities to improve their quality of life and enhance local economic development efforts; and WHEREAS, the City of Elgin has satisfied all - conditions precedent to an award of an Illinois Clean and Beautiful Grant; NOW THEREFORE, the Department is hereby making available to Grantee in the amount of $ 4,030 (this amount is hereinafter referred to as the "Grant Award"). The Grantee hereby agrees to use the funds provided under this Grant Agreement for the purposes set forth herein and agrees to comply with all terms of this Grant Agreement. Under penalties of perjury, the undersigned certifies that - is its correct Federal Employer Identification Number (FEIN) . The organization does business as a (please check one) : Individual Real Estate Agent - Sole Proprietorship Governmental Entity _ Partnership Tax Exempt Organization Corporation (IRC 501(a) only) - Not-for-Profit Corporation _ Trust or. Estate _- Medical and Health Care Service Provider Corporation • -1- Y 9 .1 • The Grantee is hereby authorized to incur costs against this Grant the beginning date of March 12. 1991 through the ending date of June 30. 1991 • The Grantee' s authorized signature below shall constitute acknowledgement of the Grantee's acceptance of this Grant. GRANTEE State of Illinois 1 Department of Commerce and Community Affairs By 2 '" 1 '� By f /�L . G.Ltv,,Ac'n. Au orized Official Director Ti tl e CL6/, -:,L. Date S F.E. I .N. # - GcS- — U ,-; -2- ,`:�.�:'.�-s r - - - _ • _ _ j- -- - - - _ •---•F:'.-J _ -`. _ _ _ •-j. _ it • PART II 4 METHOD OF -COMPENSATION AND REIMBURSEMENT 1. Payments to the Grantee. Payments pursuant to this grant are subject to the availability of Illinois Clean and Beautiful Program funds and their appropriation and authorized expenditure under state law. For carrying out the program objectives as described in Part VI, the "Scope . of Work", the total compensation payable by the Department to the Grantee shall not exceed the sum of $4,030 . The total amount of - compensation payable to the Grantee shall be- paid upon the Department's approval of the Grantee's utilization of the project funds in conformance with Part V, the "Grant Budget", and only for costs which were necessary to complete the program objectives and which are eligible under and meet the provisions of rules of the program published in Part 140 of Title 47 of the Illinois Administrative Code (47 Ill . Adm. Code 140). 2. Method of Compensation and Reimbursement. The method of compensation shall be in accordance with the applicable State laws relative to such compensation and reimbursement by which the Department is governed. Payments to the Grantee are subject to the initiation of an Invoice Voucher. The first payment for compensation of program initiation may be an advance for the first period's cash needs. Thereafter, the compensation payments are dual purpose in that they will be sufficient to cover the expenditures to date as well as the cash needs of. the Grantee for the next . period. The Grantee shall maintain appropriate records of actual costs incurred and shall submit expenditure information to the Department. • -3- PART III TERMS AND CONDITIONS GOVERNING THE GRANT 1. Fiscal Recording/Reporting Requirements. The Grantee's financial management system shall be structured to provide for accurate, current and complete disclosure of the financial results of the grant program, in accordance with the reporting requirements contained herein. The Grantee is accountable for all funds received under this grant. The Grantee shall maintain effective control and accountability over all funds, equipment, property, and other assets under the grant as required by the Department. The Grantee shall keep records sufficient to permit the tracing of funds to a' level of expenditure adequate to insure that funds have not been spent unlawfully. 2. Property Records-. The Grantee agrees to maintain appropriate property records and periodically . conduct an inventory . of all equipment or nonexpendable personal property purchase. with grant funds. Equipment must be used on the original project as long as needed. While being used on the original project, equipment may be made available for "shared use" with other activities, provided that use will not interfere with its use for the original project. When no •longer needed for the original purpose, equipment may be used for other projects (projects of the Department are to be given first priority, if there is a choice) . 3. Matching Contributions by the Grantee. The Grantee shall provide, during the term of this agreement, a cash matching contribution equal to the amount of this grant as required by Section 46.53 of the Civil Administrative Code (Ill . Rev. Stat. 1989, ch. 127, par. 4653) . The Grantee's matching contribution must meet all of the following criteria: a. be under the control of the key project officer; b. be necessary and reasonable for proper and efficient administration of the program; c. be supported by individual monthly time records of services rendered and/or detailed documentation of all other applicable, direct ' and indirect costs of the. program. (The nature and amount of the documentation tobe submitted by the Grantee shall be at the -sole discretion of the Department); and d. not be a general expense of the Grantee which is incurred in carrying out overall responsibilities other than those required under this grant. ' 4.. Modification. and Amendment of the Grant. This grant is subject to revision as follows: a. Modifications by Operations of Law This grant is subject to such modifications as may be required by changes in state law or regulations. Any such required modification shall be incorporated into and be part of this Grant as fully as if set forth herein. The Department shall notify the Grantee of any amendment to such regulations. -4- . 4j b. Modifications in Budget In no event -shall the line items be changed without prior written approval from the Department nor shall the Grantee make any change in line items -- which increase the total grant budget without prior written approval from the department. • c. Other Modifications by Department or Grantee If either the Department or the Grantee desires to modify the terms of this Grant other than as set forth in Paragraphs a. and b. above, written notice of the proposed modification shall be given to the other party. No modification shall take effect unless agreed to in writing by both the Department and the Grantee, except that if the Department gives the Grantee notice of a proposed modification without the prior approval of the Grantee, the failure to object by the Grantee within thirty (30) calendar days shall be deemed acceptance by the Grantee and the proposed modification shall be effective upon receipt by the Grantee. 5. Suspension. If the Grantee fails to comply with the special conditions and/or thegeneral terms and conditions of the grant award, the Department may, after notice to the Grantee, suspend the grant and withhold further payments or prohibit the Grantee from incurring additional obligations ,of grant funds, pending corrective action by the Grantee or adecision to terminate in accordance with provision 6 hereof. The Department may determine to allow suchnecessary and proper costs which the Grantee could not reasonably avoid during the period of suspension provided such costs were necessary and reasonable' for the conduct of the project. • 6. Termination. This Grant may be terminated as follows: a. Termination Due to Loss of Funding This grant shall terminate in full or in part at the discretion of the Department, in the event that. the Department suffers a loss of state • appropriations which permits it to fund in full or in part the Grantee so that it is unable to make payment to the Grantee. In the event the Department suffers such a loss of funding in full or in part,, the Department shall give the Grantee written notice which shall set forth the effective date of full or partial termination, or if a change in funding is required, setting forth the change in funding and the changes in theapproved-budget. b. Termination for Cause If the Department determines that .the Grantee has failed to comply with the special conditions and/or the general terms and conditions of the grant, the Department may terminate the grant in whole, or in part, at any time before the date of completion. . The Department shall promptly notify the Grantee in writing - of the determination to terminate, the reasons for such termination, and the effective date of the termination. Payments made' to Grantee or recoveries by. the - Department shall be in accord with the legal rights and liabilities of the parties. . -5- c. Termination for Convenience The Department or the. Grantee may terminate the grant in whole, or in part,:_ when the Department and Grantee agree that continuation of the program objectives would not produce beneficial results commensurate with the further expenditures of funds. The Department and the Grantee shall agree upon termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. Grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as' possible. The Department shall allow full credit to the Grantee for the Department's share of the noncancellable obligations, properly incurred by the Grantee prior to termination. 7. Access and Inspections. The Grantee will as often as deemed necessary by the Department or the Auditor General of the State of Illinois, or any of their duly authorized representatives, permit. the Department, or the Auditor General of the State of. Illinois, 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 for three years from the date of submission of the final expenditure report or until all audit findings have been resolved, whichever is later. . = 8. Access and Inspection of Subcontractor. The Grantee shall iYiclude in all. contracts funded in part, or in full , from monies awarded under this Grant a provision that the Department or the Auditor General of the State of Illinois, or any of their duly authorized representatives will have full access to and the right to examine any pertinent books, documents, papers and records of any such contractor involving transactions related to the contract for three years from the final payment under the contract. The term "contract" as used in this clause excludes purchase orders not exceeding $2,500.00. S 9. Monitoring and Evaluation. The Department will monitor and. evaluate the grant made to the Grantee under this program. The grant will be monitored for compliance with the rules, regulations, and requirements which the Department may promulgate and will be monitored periodically throughout the program year. - The grantwill" be, evaluated- to gauge the effective and efficient utilization of- funds. Evaluations will occur both during the operation of the program and upon its 'completion. 10. State Not Liable. The Grantee shall save the State of Illinois harmless from any and all claims,- demands, and actions based upon or arising out of any services performed by themselves or by 'their associates and employers under this grant. 11. Publication, Reproduction and Use of Material . The Department shall have authority to publish, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this grant. -6- • Any publication produced as a result of this grant shall include on its title page. the following citation: "This project was conducted with funds provided under the Illinois Clean and Beautiful Program by the Illinois Department of Commerce and Community Affairs and does not necessarily represent in whole or in part the viewpoint of the Department." 12. Integration Clause. It is agreed between the parties that this agreement, with attachments, as written, is the full and complete agreement between the parties and that there are not oral agreements or understandings between the parties other than what has been reduced to writing herein. 13. Severability Clause. If any provision under this agreement or its application to any persons or circumstance is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision or itsapplication of this agreement which can be given effect without the invalid provision or application. . 14. . Interest on Grant Funds. In accordance with the Illinois Grant Funds Recovery Act (Public Act 83-640) , all interest earned on funds held by the Grantee under this grant shall become part of the grant principal when earned. Any interest earned under the grant, and not expended as grant principal during the term of the grant, shall be returned to the Department in accordance with the provisions of Part III,. paragraph 15 of this agreement unless the Department determines that the cost of accounting for the interest or allocating the interest to the grant principal is significant in comparison to the interest earned. 15. Return of Unobligated Funds. In accordance with the Illinois Grant Funds Recover Act (Public Act 83-640) the Grantee shall , upon submission of the closeout package or within 45 days of the expiration of the grant, whichever occurs first, refund to the Department any balance of funds which were unobligated at the end of the grant period. 16. Assurances. The Assurances provided in Part IV of this Agreement shall be complied with by the Grantee. 17. Audit Requirements. The grantee shallbe responsible for having an annual audit of all grant records and such audit must be performed by an independent public accountant, certified and licensed by :authority of the State of Illinois. The audit must be conducted in accordance with generally accepted government auditing standards adopted by the American Institute of Certified Public Accountants (AICPA) in effect on the date of execution of this grant agreement. The grantee. may secure an independent audit of its grant in the same manner as it secures its regular audits, provided it provides for maximum open and free competition. The grant audit should be conducted as part of the grantee's annual audit. The grantee will provide the department with one copy of its, annual audit which addresses the grant. In instances where the grant period or term does not coincide with the grantee's fiscal year, two fiscal audit reports shall be forwarded to the department. Any grantee determined to have misused grant funds (i .e. , fraud and abuse, noncompliance with terms and conditions of grant document) as a result -of an audit shall be ineligible toapply for and receive funds under this program. -7- 1 • i 18. Programmatic Reports Required. The Grantee shall submit twowritten status `. reports detailing activities undertaken and completed with grant and matching funds during the report period. These reports are due April 15, 1991 and" July 15, 1991. Failure to submit status reports may result in suspension " of grant payments, termination of the grant for cause, or reimbursement of funds awarded, or any combination thereof. 19. Waivers. : A waiver of any condition of this grant must be in writing from the Director of.the Department or his designee. 20. Certifications. 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 the Grantee made an admission of guilt of such conduct which is a matter of record, nor has any official , agent, or employee of the Grantee committed bribery or attempted bribery on behalf of the firm and pursuant to the direction or authorization of a responsible official of the firm. The Grantee further certifies that it has not been barred from bidding or on receiving State contracts as a result of illegal bid rigging or bid rotating as defined in the Criminal Code of 1961 (Ill . Rev. Stat. 1989, ch. 38, par. 33E-3 and 33E-4). 21. Special Grant Conditions. In addition to the general terms and conditions which appear in this part, the following special grant condition(s) shall be applicable: A. The grantee 'shall provide a resolution` of submittal as approved by the local governing body which submitted the application. B. The grantee shall provide an executed interagency agreement between, the unit of local government and the local .Keep America Beautiful organization to perform the grant. . • • -8- i PART IV ASSURANCES The Grantee hereby assures and certifies that: 1. It has reviewed and accepted the grant agreement in its entirety, including all understandings and assurances contained therein, and directing and designating the authorized representative of the Grantee to act in connection with the agreement and to provide such additional information as may be required. 2. It agrees to comply with the Illinois Human Rights Act (Ill . Rev. Stat. , ch. 68, par. 1-101 et. seq. ) . 3. It agrees to comply with other program rules, regulations, policies and procedural requirements as may be promulgated by the Department. 4. It agrees that no funds granted hereunder shall be used for any partisan or nonpartisan political activity or to further the election or defeat of any candidate for public office, nor shall they be used in any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any election or in any voter registration activity,. 5. No officer or employee of the Grantee and no member of its governing body and no other public official of the locality in which the program objectives will be carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of such objectives shall (a) participate in any decision relating to any contract negotiated under this grant which affects his personal interest or the interest of any corporation, partnership, or association in which he is, directly orindirectly, interested, or (b) have any financial interest, direct or indirect, in such contract or in the work to be performed under such contract. 6. It shall not pay any bonus or commission for the purpose of obtaining approval of the application for the financial assistance provided for herein,, or any other approval by the Department which may be necessary in connection with carrying out the program objectives. 7. In carrying out the program, it shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Grantee shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. 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 setting forth the provisions of this nondiscrimination clause. The Grantee shall state that all qualified applicants will receive consideration for employment without regard to race, color,, religion, sex, or national- origin. -9- - -• •- ' _ • 8. It shall refrain from- unlawful discrimination in employment and will 1 undertake affirmative action to assure equality of employment opportunity and eliminate the effects of past discrimination, in accordance with the Illinois Human Rights Act. 9. It 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 Grantee employees who are performing services specified by this grant. • -10- . -; . Grant No. .91-16108 PART VI • BUDGET Teachers' workshop, environmental $ 4,030 fair, plastics recycling promotion, and recycling demonstration equipment Clean Builder program, office $ -0- paper recycling, semi-hazardous waste collection day, Girl Scout project, Youthfest, KAB Month Activities, EEC Fun Fair, NHS Neighbors Nite, ICB/Tree City Meeting _ Operation Costs (Salary, $ -0- Secretarial , Audit, Overhead) SUBTOTAL $ 4,030 City of Elgin/Cash on Hand $ 4,030 TOTAL $ 8,060 -11- E • Grant No. 91-16108 PART VI SCOPE OF. WORK The City of Elgin, on behalf of Elgin Proud and Beautiful , Inc. , will receive $4,030 for teachers' workshop, environmental fair, plastics recycling promotion, and recycling demonstration equipment. The sources of matching funds are the City of Elgin and cash on hand. Illinois Clean and Matching Activity Beautiful Funds Funds Teachers' Workshop $ 4,030 $ , -0- Environmental Fair, t . Plastics Recycling . Promotion, and Recycling Demonstration Equipment Clean Builder Program, . $ -0- " $ .1,130 Office Paper Recycling, Semi-Hazardous Waste . Collection Day, Girl . Scout Project, Youthfest, KAB Month Activities, . EEC Fun Fair, NHS Neighbors Nite V ICB/Tree City Meeting . Operation Costs (Salary, Secretarial , Audit, Overhead). V $ -0- $ 2,900 TOTAL $ 4,030 $ 4,030 • • -12- DEPOSITORY/AUTHORIZED DESIGNATION FORM Local Government City of Elgin Grant Number - 91,16108 I . The financial institution listed here will serve as depository for the Clean and Beautiful grant funds: First National Bank of Elgin 6 Fountain Square Plaza Elgin, IL - 60120 Fund Account: 11-00-791 City of Elgin II. The following individuals are designated as authorized signators for the following grant documents: Grant Award Document * V George VanDeVoorde Name Mayor, City of Elgin Title/ Signat Expenditure Summary and Payment Request Form * Martin Gregory Name Assistant Finance Director Title • b,s_L Sig at * Use additional pages if necessary ti