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93-298 Resolution No. 93-298 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN YWCA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Malm, Interim City Manager, be and is hereby authorized and directed to execute a Refugee Target Assistance Grant Agreement on behalf of the City of Elgin with the Elgin YWCA to assist in an increased cooperation and cultural understanding with the refugee community, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: December 1, 1993 Adopted: December 1, 1993 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk REFUGEE TARGETED ASSISTANCE GRANT AGREEMENT BETWEEN THE CITY OF ELGIN, A MUNICIPAL CORPORATION, AND THE ELGIN YWCA WHEREAS, the ELGIN YOUNG WOMEN'S CHRISTIAN ASSOCIATION (YWCA) (hereinafter referred to as "Elgin "YWCA") is under contract to the Illinois Depart- ment of Public Aid (hereinafter referred to as IDPA") to perform refu- gee services which are covered by the Refugee Act of 1980 (P.L. 96-212) as amended under the Refugee Assistance Extension Act of 1986 (P.L. 99-605) ; and WHEREAS, the Elgin YWCA is authorized to utilize the services of a sub-pro- vider subject to conditions specified in Article III. , Section D. of the IDPA Contract; and WHEREAS, the City of Elgin, a Municipal Corporation, (hereinafter referred to as "Sub-provider") has agreed to perform services related to refu- gee crime/victimization; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: ARTICLE I: GENERAL TERMS A. Definition Elgin YWCA and Sub-provider hereby adopt and incorporate by reference the definition of 'refugee' as defined by P.L. 96-212 and P.L. 99-605. B. Provision of Services 1. Services provided under this contract are set forth in Appendix A of this Agreement. 2. No fee shall be charged by the Sub-provider for the services provided under this Agreement. C. Duties 1. The Elgin YWCA shall monitor the performance of such services provided under this Agreement both programmatically and fiscally. 2. Elgin YWCA will provide technical assistance to Sub-provider as may be required. ARTICLE II: FUNDING A. Funding Authority Under the authority of the Refugee Act (P.L. 96-212 and P.L. 99-605), the services provided under this Agreement shall be paid for from 100% Federal reimbursement received by IDPA and Elgin YWCA from the United States Department of Health and Human Services (hereinafter referred to as "DHHS") to reimburse 100% of the necessary costs incurred in performing services under the terms of this Agreement in accordance with the budget plan, a copy of which is attached and made a part of hereof as Appendix A. B. Maximum Expenditure The maximum amount payable for services under this Agreement shall not exceed $23,859.00 for State Fiscal Year 1994. C. Audit Sub-provider shall permit IDPA at IDPA's expense to require an indepen- dent audit, or an audit by IDPA's regular personnel at any time during normal working hours or by DHHS, of all funds received by the Sub-pro- vider under the terms of this Agreement. All audit standards and accounting procedures shall be in conformity with the published stan- dards of the American Institute of Certified Public Accountants as applied to Not-for-Profit, Municipal, or Fund accounting. Such audits may be in addition to the standard requirements of OMB Circular A133. Sub-provider shall provide all necessary fiscal information showing the nature and extent of all expenditures for which reimbursement is sought and make available for audit by authorized IDPA representatives such books, files, records and other data as may be necessary to clari- fy, substantiate, or justify expenditures under this Agreement. D. Availability of Funds This Agreement is subject to the availability of Federal and/or State funds. If Federal and/or State funds become unavailable, Elgin YWCA shall provide Sub-provider with notice thereof thirty (30) days prior to the cessation of such funds. It is also understood by all parties that if Elgin YWCA does not re- ceive Federal reimbursement for any claims for services provided under this Agreement due to deferral, disallowance, or other denial by DHHS, the Sub-provider shall assume full financial responsibility for pay- ment of such claims. ARTICLE III: GENERAL PROVISION A. Agreement Period This Agreement shall become effective October 1, 1993, and absent prior notice of termination as set forth below, shall terminate June 30, 1994. This Agreement may be terminated by either party during the current period upon thirty (30) days written notice. B. Amendment This Agreement may be modified or amended by the mutual consent of both parties at any time during its term. Amendments to this Agree- ment shall be in writing and signed by the parties or their authorized representatives. C. Non-Assignability This Agreement, including the rights, benefits, and duties hereunder, shall not be assigned by any party without the express written consent of the other party. D. Independent Contractor The relationship of the Sub-provider to Elgin YWCA arising out of this Agreement shall be that of independent contractor. E. Records The Sub-provider shall maintain such financial and other records as are required by IDPA and Elgin YWCA in order to comply with Federal regulations and reporting requirements. Adequate controls to insure accuracy and completeness of such records shall be maintained by the Sub-provider. Elgin YWCA shall regularly consult with the Sub-provid- er about adequacy of such controls. All records shall be retained for such periods of time as are specified by IDPA and DHHS. Upon request, the Sub-provider shall furnish to Elgin YWCA in a timely manner such reports and records as Elgin YWCA may reasonably require in order to comply with Federal regulations. Elgin YWCA, IDPA, and DHHS shall be permitted access to any or all records of financial information maintained by the Sub-provider that pertain to this Agreement. F. Unlawful Discrimination The Sub-provider shall abide by the Federal Civil Rights Act of 1964, the Federal Rehabilitation Act of 1973, the Illinois Human Rights Act, and all other Federal and State laws, regulations, or orders which prohibit discrimination on the grounds of race, color, sex, religion, national origin, ancestry, age, marital status, or physical or mental handicap. G. Liability Elgin YWCA assumes no liability for actions of the Sub-provider under this Agreement. The Sub-provider agrees to hold Elgin YWCA harmless against any liability for loss, damage, cost, or expenses arising from wrongful or negligent acts caused by the Sub-provider in the perfor- mance of services under this Agreement. H. Provision of Similar Services Nothing in this Agreement shall prevent the Sub-provider from perform- ing identical or similar services for parties other than refugee recip- ients. However, the Sub-provider warrants that costs represented in expenditure reports submitted for services under this Agreement do not exceed costs for identical services provided to such other parties at the same facility. I. Notices All notices required or desired to be sent by either party shall be sent to the following respective addresses: Elgin YWCA Elgin YWCA Community Services Department 220 East Chicago Street Elgin, Illinois 60120 ATTENTION: MARITA MANNING City of Elgin Elgin Police Department 150 Dexter Court Elgin, Illinois 60120 ATTENTION: CHARLES GRUBER CHIEF OF POLICE J. Severability In the event any provision, term, or condition of the Agreement is declared void, unenforceable, or against public policy, then said term shall be construed as though said term did not exist. R. Confidentiality All records, data, or other information kept by the Sub-provider per- taining to this Agreement shall be used only for the administration of this Agreement and shall be protected by the Sub-provider from unautho- rized disclosure in accordance with 45 CFR 205.50. L. Choice of Law This Agreement shall be governed and construed in accordance with the laws of the State of Illinois. M. Conflict of Interest All parties agree to comply with the provision of the Illinois Purchas- ing Act prohibiting conflict of interest (Illinois Revised Statutes, 1985, Chapter 127, Paragraphs 132.11-1 through 132.11-5) and all the terms, conditions and provisions of those Sections apply to this Agree- ment and are made a part of this Agreement the same as though they were incorporated and included herein. ELGIN YOUNG WOMEN'S CHRISTIAN ASSOCIATION Carol Elias, Executive Director Date CITY OF ELGIN X24 q3 Robert 0. Maim, Interim City Manager Date • APPENDIX A Elgin YWCA Refugee Crime Prevention Project Agreement with the City of Elgin WORK PLAN YWCA contact person: City of Elgin contact person: Marita Manning Detective Sergeant Joe Kline Community Services Director Commander - Juvenile Division Elgin YWCA Elgin Police Department 220 E. Chicago Street 150 Dexter Court Elgin, Illinois 60120 Elgin, Illinois 60120-5555 Goal: Increase cooperation and cultural understanding between the City of Elgin and the refugee community; provide police related bilingual crime/victimization services. Major Activities: 1. Add bilingual Community Outreach Worker to police department on a contractual basis to increase cross-cultural relations, victim/witness assistance, American justice system awareness, and direct liaison with the Southeast Asian refugee community in the Elgin area, at a cost not to exceed the maximum potential amount of funding. 2. Coordinate with Elgin YWCA Refugee Crime Prevention staff to combat refugee crime/victimization, gang activity, domestic violence, and sub- stance abuse. 3. Provide positive reinforcement, education, and advocacy for refugee crime victims, parents, and community leaders. Primary Responsibilities (in addition to those in Agreement): A. The Elgin YWCA will provide: 1. Assistance in recruiting and interviewing qualified bilingual applicants. 2. Coordination with Elgin YWCA refugee services. 3. Grant administration and monitoring. 4. Program development and cross-cultural education. 5. Data collection and evaluation guidance. Elgin YWCA/City of Elgin Agreement Work Plan Page 2 B. The City of Elgin will provide: 1. Supervision and training for the bilingual Outreach Worker added to the police staff by this subcontract. 2. Coordination with the Elgin YWCA to provide effective interagency services for refugees. 3. Opportunities for the bilingual Outreach Worker to participate in department staff development activities. 4. Accurate maintenance of individual refugee services, community outreach, and fiscal records. 5. Data collection and evaluation activities. t APPENDIX A TARGETED ASSISTANCE GRANT PROGRAM Elgin YWCA Refugee Crime Prevention Project Agreement with the City of Elgin October 1, 1993 - June 30, 1994 Budget A. Personnel Community Outreach Worker (100% time) $16,669.00 To Be Named Fringe Benefits 7,190.00 $23,859.00 TOTAL AGREEMENT COSTS $23,859.00 • n Sy O�Ci ; Agenda Item No. o�4!!fl{F9 November 5, 1993 TO: Mayor and Members of the City Council FROM: Bob Malm, Interim City Manager SUBJECT: YWCA Crime Prevention Project Grant Extension PURPOSE To seek approval for the extension of this grant with the YWCA Crime Prevention Project for a Lao Community Outreach Worker BACKGROUND The City of Elgin entered into an agreement with the YWCA for a Lao Crime Prevention Project. The Police Department has employed Mr. Sam Raksinh as a Lao Community Outreach Worker since January 1993 . This program has been very successful in reaching the Lao Community and bringing the community in touch with the Police Department. This proposal would extend the grant from October 1, 1993, through June 30, 1995. The YWCA has agreed to continue to fund this project until acted upon by the City Council. FINANCIAL IMPACT The Lao Outreach Worker is hired under a contract with the YWCA for 100% of the cost. There is a strict understanding that the position is only available as long as it continues to be fully funded by this grant. The only expenses to the City involve those required to provide a desk and working equipment already in place. No wages or benefits are borne by the City. RECOMMENDATION Because the YWCA Crime Prevention Project Grant has had significant benefit to the City and very limited financial impact, staff recommends that this agreement be approved by the City Council. e416146614141 Bob alm, Interim City Manager