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HomeMy WebLinkAbout96-298 Resolution No. 96-298 RESOLUTION AUTHORIZING EXECUTION OF A SUBRECIPIENT AGREEMENT WITH THE LITERACY VOLUNTEERS OF AMERICA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Subrecipient Agreement on behalf of the City of Elgin with the Literacy Volunteers of America for workplace literacy projects, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: October 23, 1996 Adopted: October 23, 1996 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk SUBRECIPIENT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WORKPLACE LITERACY INITIATIVE PROGRAM THIS AGREEMENT is made and entered into this 1,�, day of October, 1996, by and between the LITERACY VOL NTEERS OF AMERICA, THE ELGIN AREA AFFILIATE, INC. , an Illinois not-for-profit corporation, (hereinafter referred to as "Subrecipient" ) and the CITY OF ELGIN, Illinois, a municipal corporation, (hereinafter referred to as "Grantee" ) . WHEREAS, Grantee has applied for and received funds from the United States Government pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93-383; and WHEREAS, the parties hereto have each determined it to be in their best interests to enter into this agreement to facilitate the utilization of such funds . WHEREAS, Subrecipient operates a Literacy Program located at 200 North Grove Avenue in Elgin, Illinois ; and WHEREAS, Subrecipient provides services to low and moderate income persons as defined by the U.S. Department of Housing and Urban Development income limits, a copy of which is attached hereto and made a part hereof as Exhibit "A" ; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows : I. SCOPE OF SERVICE A. Principal Tasks Subrecipient shall establish workplace literacy projects at companies located in Elgin, Illinois for the purpose of providing employees with basic skills training for a term of one year, beginning October 31, 1996 and ending October 31, 1997 . Such Workplace Literacy projects shall provide employees with tutoring services in the reading, writing, and speaking skills necessary for both personal success and company productivity. Each participating company shall be required to commit to a six month on-site project, and shall pay a minimum of the first 50% of the fees and costs involved in the project. The remainder of the fees (not to exceed $5,000 . 00) for each workplace project shall be paid with funding from the 1996 Community Development Block Grant (CDBG) Program of the Grantee. Subrecipient shall administer all tasks in the provision of the aforementioned services in compliance with all applicable Federal, state, and local statutes, rules and regulations governing such CDBG funds, and in a manner satisfactory to the Grantee. A minimum of 51% of the persons provided services on an annual basis shall be at or below the Section 8 Income Limits contained in Exhibit "A" in order for the Subrecipient to maintain eligibility for the CDBG funds provided for herein. Said income levels shall be updated and revised from time to time to conform to such levels as may be set by the U. S. Department of Housing and Urban Development. Failure to meet the aforementioned minimum 51% threshold shall require Subrecipient to reimburse Grantee for funds expended to the Workplace Literacy Initiative Program. Changes in the scope of services, budget, or method of compensation contained in this Agreement, unless otherwise noted, may only be made through a written amendment to this Agreement, executed by the Subrecipient and Grantee. , The major tasks which the recipient shall perform in connection with the provision of the Literacy Workplace Initiative Program include, but are not limited to, the following: 1 . Subrecipient's staff shall conduct initial literacy audits and provide services selected by the participating company from the Subrecipient' s list of project services . 2 . Subrecipient' s staff shall review literacy audits and catalog communication problems, develop an appropriate training program, and design a plan to meet the goals of the company and the project. 3 . Subrecipient shall conduct assessments (tests) of employees enrolled in the program in order to determine skill levels, strengths, and weaknesses . 4 . Subrecipient shall provide appropriate training by experienced instructors . 5 . Subrecipient shall be responsible for the hiring and provision of said experienced instructors in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing funds pursuant to this agreement. 6 . The Subrecipient shall conduct a comprehensive evaluation prior to concluding the program, which shall be provided to Grantee. 7 . Subrecipient shall document the number of clients served and shall maintain program and financial records documenting eligibility, attendance and provision of services as a result of or in connection with assistance provided through the CDBG program. All such documentation shall be available for inspection by Grantee and 2 representatives of the U.S. Department of Housing and Urban Development. 8 . Grantee shall monitor, at a minimum, on a semi-annual basis the performance of Subrecipient regarding the goals and performance standards contained herein. Substandard performance as determined by Grantee shall constitute a material breach of this agreement. If action to correct such substandard performance is not taken by the Subrecipient within 30 days after being notified by the Grantee, Grantee may terminate this agreement, and may pursue any remedies provided herein or by law. B. Budget and Method of Compensation It is expressly agreed and understood that the total amount of CDBG or other funding to be provided by or through Grantee for the Workplace Literacy Initiative Program for the services under this agreement shall not exceed $20, 000 . 00 . Grantee shall provide payment upon the submission of original bills with proper support documentation reasonably acceptable to Grantee, for the services described herein. C. Notices Communication and notices shall be directed to the following representatives : City of Elgin Literacy Connection Veronica Bell, Associate Planner Beverly Cohen Saiz 150 Dexter Court 200 N. Grove Ave. Elgin, IL 60120 Elgin, IL 60120 (847 ) 931-5913 (847) 742-6565 II. CONDITIONS Subrecipient shall comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Community Development Block Grants, a copy of which is attached hereto and made a part hereof as Exhibit "B", and all federal regulations and policies issued pursuant to these regulations . The Subrecipient shall utilize funds under this agreement to supplement rather than supplant funds otherwise available. A. General Compliance Subrecipient shall comply with all applicable federal, state and local laws and regulations governing the funds provided under this agreement. 3 B. Independent Contractor Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing a partnership, joint venture or employment relationship between the parties hereto. Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this agreement. Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker' s Compensation Insurance as the Subrecipient is an independent Subrecipient. C. Hold Harmless Subrecipient shall hold harmless, defend and indemnify the Grantee from and against any and all claims, actions, suits, charges and judgments whatsoever that arise out of or in connection with, Subrecipient ' s performance or nonperformance of the services or subject matter called for in this agreement. D. Worker' s Compensation Subrecipient shall provide Worker' s Compensation Insurance coverage for all employees involved in the performance of this agreement. E. Insurance and Bonding Subrecipient shall carry sufficient insurance coverage to reasonably protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to the total cash advances to be provided by Grantee. Subrecipient shall comply with the bonding and insurance requirements of Subpart C of OMB Circular A-110, Bonding and Insurance (see Exhibit C, which is attached hereto and made a part hereof . F. Grantor Recognition Subrecipient shall ensure recognition of the role of Grantee in providing services through this agreement. All activities, facilities and items utilized pursuant to this contract shall be prominently labeled as to funding source. In addition, Subrecipient shall include a reference to the support provided herein in all publications made possible with funds made available under this contract . G. Amendments Grantee or Subrecipient may amend this Agreement at any time, provided that such amendments make specific reference to this Agreement, are executed in writing, signed by a duly authorized 4 representative of the parties hereto, and approved by the Elgin City Council . Such amendments shall not invalidate this Agreement, nor relieve or release the Subrecipient from its obligations under this Agreement. Grantee may, in its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, polices and available funding amounts or for other reasons . If such amendments result in a change in the funding or the scope of services to be undertaken as part of this Agreement, such modifications shall be incorporated only by a written amendment signed by both the Grantee and Subrecipient. The Subrecipient shall cooperate in the execution of any and all documents necessary to effect such amendments at the sole discretion of the Grantee. H. Suspension or Termination Either party may terminate this contract at any time by giving written notice to the other of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. Partial terminations of the Scope of Service may only be undertaken with the prior approval of the Grantee. Grantee may also suspend or terminate this Agreement, in whole or in part, if Subrecipient fails to comply with any term of this Agreement, or with any of the rules, regulations or provisions referred to herein; and Grantee may declare the Subrecipient ineligible for any further participation in Grantee contracts, in addition to other remedies as provided by law. In the event that there is probable cause to believe the Subrecipient is in noncompliance with any applicable rule, regulation, or provision of this agreement, the Grantee may withhold up to fifteen ( 15) per cent of said Agreement funds until such time as the Subrecipient is found to be in compliance by the Grantee, or is otherwise adjudicated to be in compliance. III. ADMINISTRATIVE REQUIREMENTS A. Financial Management Subrecipient shall comply with Subpart C of OMB Circular A-110, and agrees to adhere to the accounting principals and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. Subrecipient shall administer its program in conformance with OMB Circular A-122 , "Cost Principals for Non-Profit Organizations", a copy of which is attached hereto and made a part hereof as Exhibit D, for all costs incurred whether charged on a direct or indirect basis . 5 B. Records and Reports Subrecipient shall provide the following reports and documentation: 1) For each client served by the Workplace Literacy Initiative Program, Subrecipient shall maintain a file containing the following information: a. Name and address of the client. b. Race and ethnicity of the client. c. Age and sex of the client. d. Household income of the client. e. Household size. 2) Subrecipient shall provide the Grantee with semi-annual reports on the Workplace Literacy Initiative Programs clients . Said reports shall include monthly client levels, number of low/moderate income (as defined in Exhibit A) persons provided service, demographic statistics on the clients served, and any other information as appropriate. 3) Subrecipient shall retain all records pertinent to the Workplace Literacy Initiative Program incurred under this contract for a period of five (5) years from the date of this agreement. 4) Subrecipient shall maintain client data demonstrating client name, address, age, sex, racial/ethnic group and household income. Such information shall be made available to the Grantee for review upon request. 5) Subrecipient acknowledges and understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee' s of Subrecipient ' s responsibilities with respect to services provided under this agreement is prohibited unless written consent is obtained from such person receiving the service. 6 ) The Subrecipient' s obligations to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to making final payments; completion of all required reporting; disposing of program assets (return of unspent cash advances, unused materials and program income balances) and determining custodianship of records . 7) All Subrecipient records with respect to any matters covered by this agreement shall be made available to the Grantee and the U.S. Department of Housing and 6 Urban Development at any time during normal business hours, as often as the Grantee or the U.S. Department of Housing and Urban Development deems necessary to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports shall be fully satisfied by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this agreement and may result in the withholding of future payments . Subrecipient hereby agrees to have an annual agency audit conducted in compliance with any relevant requirement of the Single Audit Act or other audit requirements as applicable. C. Program Income There should be no Program Income generated from this activity. However, if Program Income is generated, any such income shall be returned to the Grantee. D. Uniform Administrative Requirements Subrecipient shall comply with the uniform administrative requirements contained in 570 . 502 of 24 CFR Part 85, a copy of which is attached hereto and made a part hereof as Exhibit E. IV. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights 1) Subrecipient shall comply with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the American with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246 as amended by Executive Orders 11375 and 12086 . 2) Subrecipient shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability, or other handicap, age marital status, or status with regard to public assistance. Subrecipient shall take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 7 3) Subrecipient agrees to comply with any federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 706) which prohibits discrimination against the handicapped in any federally assisted program. Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this contract upon request. Failure of Grantee to provide such guidelines shall not relieve Subrecipient of the obligation to comply with the terms of such guidelines . B. Affirmative Action 1) Subrecipient shall carry out an Affirmative Action Program in compliance with City of Elgin Ordinance No. G19-93 Amending Chapter 3 . 12 of the Elgin Municipal Code. Subrecipient shall comply with Chapter 3 . 12 . 100-Affirmative Action-City contract (see Exhibit "F" attached hereto and made a part hereof) . 2) Subrecipient shall furnish all information and reports required hereunder and shall permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. C. Employment Restrictions Subrecipient shall not use funds provided herein or personnel employed in the administration of the program provided herein for political, sectarian, religious, lobbying, political patronage, and nepotism activities . D. Conduct 1) No funds provided, nor personnel employed under this contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V United States Code. 2) Subrecipient agrees to abide by the provisions of 24 CFR 570. 611 and any other applicable state statute or local ordinance with respect to conflicts of interest, and warrants and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this contract. Subrecipient further warrants and covenants that in the performance of this contract no person having such a financial interest shall be employed or retained by Subrecipient hereunder. These conflict of interest provisions 8 apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the Grantee, or of any designated public agencies or Subrecipients which are receiving funds under the CDBG Entitlement Program. 3) Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of Grantee prior to the execution of such agreement. 4 ) Subrecipient agrees that funds provided under this contract shall not be utilized for religious activities, to promote religious interest, or for the benefit of a religious organization in accordance with the federal regulations specified in 24 CFR 570.200 ( j ) . E. Subrecipient shall use a substantially similar application form and enter into agreements with participating companies as provided in this agreement by using a substantially similar agreement form as are attached hereof and made a part hereto as Exhibits "G" and "H" . F. The terms and provisions of this Agreement shall be severable. In the event that any of the terms or provisions of this agreement shall be deemed void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. G. This agreement shall be subject to and governed by the laws of the State of Illinois . IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first written above. CITY OF ELGIN, a municipal corporation By 1? 0a.0:mc. )p.Ort-N Richard B. Helwig cr City Manager Attest: 1vu • e City Clerk LITERACY CONNECTION, an Illinois not-for-profit corporation By Beverly ' ellen Saiz Executiv- Director 9 E1 'n Agenda Item No. �QI[tN. October 3, 1996 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Subrecipient Agreement with the Literacy Connection PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a subrecipient agreement with the Literacy Connection. BACKGROUND erek The 1996 Community Development Block Grant (CDBG) Program provided funds to the Literacy Connection for the Literacy Workplace Initiative Program. The attached subrecipient agreement provides $20, 000 over the period of October, 1996 through October, 1997 . The program provides services to Elgin companies whose employees need basic skills training. The participating company pays the first 50% of the cost and is matched with CDBG funds (not to exceed $5,000 per project) . The attached agreement has been reviewed by the Legal Department and the Literacy Connection. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Literacy Connection. FINANCIAL IMPACT The total amount of dollars set aside in CDBG funds total $20,000 . Account Number 230-0000-791 .30-99, project number 154209 will be charged. LEGAL IMPACT None. Subrecipient Agreement with YWCA of Elgin October 3, 1996 Page 2 flow ALTERNATIVES A subrecipient agreement is required by federal regulation when $20,000 or more in Community Development Block Grant funds is committed. RECOMMENDATION It is recommended that the Mayor and City Council approve the attached subrecipient agreement. If approved, a resolution authorizing execution of the agreement will be prepared for the October 23, 1996 regular meeting of the City Council . Respectfully submitted, 1 C.4 Roger K. Dahlstrom, Director Planning Department Richard B. Helwig City Manager VRB/vb