96-253 Resolution No. 96-253
RESOLUTION
AUTHORIZING EXECUTION OF A SUBRECIPIENT AGREEMENT WITH
THE YWCA OF ELGIN
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 Elgin YWCA for the crime refugee prevention
program, a copy of which is attached hereto and made a part
hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: August 28, 1996
Adopted: August 28, 1996
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
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Agenda Item No.
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August 7, 1996
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Subrecipient Agreement with the YWCA of Elgin
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 YWCA of Elgin.
BACKGROUND
The 1996 Community Development Block Grant (CDBG) Program
provided funds to the YWCA of Elgin for the Refugee Crime
Prevention Program. The attached subrecipient agreement
provides $25,000.00 for the salary of a Community Liaison
Worker over the period of July 1, 1996 through June 30,
1997 . The attached agreement has been reviewed by the Legal
Department and the YWCA of Elgin.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
YWCA of Elgin.
FINANCIAL IMPACT
The total amount of dollars set aside in CDBG funds total
$25,000.00. Account Number 230-0000-791 .30-99 and project
number 154207 will be charged.
LEGAL IMPACT
None.
ALTERNATIVES
A subrecipient agreement is required by federal regulation
rak when $25,000.00 or more in Community Development Block Grant
funds is committed.
ss
Subrecipient Agreement with YWCA of Elgin
August 7, 1996
Page 2
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 August 28, 1996 regular meeting of the City Council.
Respectful y- ubmitted,
Ro er K. 'Dahlstrom, Director
Planning Department
Richard B. Helwig
City Manager
VRB/vb
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SUBRECIPIENT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
YWCA CRIME REFUGEE PREVENTION PROGRAM
THIS AGREEMENT is made and entered into this 3(7 ,, day of
August, 1996, by and between the YWCA OF ELGIN, an Illinois
not-for-profit organization, (hereinafter referred to as
"Subrecipient" ) and the CITY OF ELGIN, Illinois, a municipal
corporation, (hereinafter referred to as the "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 YWCA of Elgin operates a Refugee Program
located at 220 East Chicago Street in Elgin, Illinois; and
WHEREAS, the Refugee Program provides services to low and
moderate income persons as defined by the U.S. Department of
Housing and Urban Development, a copy of which is attached
hereto and made a part hereof as Exhibit "A" ) ; and
WHEREAS, Grantee has determined it to be in its best
interests to enter into the agreement with Subrecipient to
assist Grantee in utilizing such funds .
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
The Subrecipient shall provide a Crime Prevention Community
Liaison Worker from of July 1, 1996 to June 30, 1997 , with
funding from the Year 1996 Community Development Block Grant
(CDBG) Program of the Grantee. The Subrecipient shall
administer all tasks in the provision of the aforementioned
public services in compliance with all applicable Federal,
state, and local 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 Limited
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 the CDBG Program or Grantee for funds
expended to the Crime Refugee Prevention 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 Refugee Crime Prevention
Program services include, but are not limited to, the following:
1 . The Community Liaison shall assist the Refugee Program to
deter crime and its effects within the Grantee' s Laotian
community.
2 . The Community Liaison shall provide assistance to victims,
offenders and family members when they are faced with
proceedings involved with the court system, juvenile
justice system, probation department, Department of
Children and Family Services, and school suspension
hearings .
3 . The Community Liaison shall assist Grantee's Police
Department gang unit to promote a decrease in crime.
4 . The Community Liaison shall provide services to Laotian
gang members and their families to facilitate a reduction
in the gang and gang-related crime.
5 . The Subrecipient shall be responsible for the hiring and
provision of said Crime Prevention Community Liaison Worker
in a manner satisfactory to the Grantee and consistent with
any standards required as a condition of providing these
funds .
6 . The Subrecipient shall document the number of clients
served and shall maintain program and financial records
documenting the eligibility, attendance and provision of
services as a result of assistance provided through the
CDBG program. All such documentation shall be available
for inspection by the Grantee and representatives of the
U.S. Department of Housing and Urban Development.
7 . The Grantee shall monitor, at a minimum, on a quarterly
basis the performance of the Subrecipient regarding the
goals and performance standards contained herein.
Substandard performance as determined by the 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, the Grantee may terminate this agreement, and may
pursue any remedies provided herein or by law.
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B. Budget and Method of Compensation
It is expressly agreed and understood that the total amount of
CDBG funding to be provided for the Refugee Crime Prevention
Program for the services under this agreement shall not exceed
$25,000 . 00 .
Grantee shall provide payment with the submission of original
bi-monthly bills with proper support documentation reasonably
acceptable to Grantee, for the services described herein.
Subrecipient shall be reimbursed on a bi-monthly basis according
to the following:
Community Liaison Salary: Aggregate bi-monthly billings are
limited to $4, 166 . 66 , up to a maximum of $25,000 . 00. The
Subrecipient shall provide a matching contribution toward the
remaining salary and expenses incurred by the Crime Refugee
Prevention Program.
C. Notices
Communication and notices shall be directed to the following
representatives :
City of Elgin YWCA of Elgin
Veronica Bell, Associate Planner Carol Elias
150 Dexter Court 220 E. Chicago St.
Elgin, IL 60120 Elgin, IL 60120
( 847) 931-5913 (847 ) 742-7930
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 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 (see Exhibit C) .
A. General Compliance
Subrecipient shall comply with all applicable federal, state and
local laws and regulations governing the funds provided under
this agreement.
B. Independent Contractor
Nothing contained in this agreement is intended to, or shall be
construed in any manner, as creating or establishing the
relationship of employer or employee 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
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Unemployment Compensation, FICA, retirement, life and /or
medical insurance and Worker' s Compensation Insurance as the
Subrecipient is an independent Subrecipient.
C. Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the
Grantee from 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 Attachment B of OMB Circular A-110, Bonding and
Insurance (see Exhibit D) .
F. Grantor Recognition
The 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
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
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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.
The 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 Attachment F of OMB Circular
A-110, a copy of which is attached hereto and made a part hereof
as Exhibit "D" , 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 Circulars A-122, "Cost Principals for Non-Profit
Organizations" , a copy of which is attached hereto and made a
part hereof as "Exhibit E" , for all costs incurred whether
charged on a direct or indirect basis .
B. Records and Reports
Subrecipient shall provide the following reports and
documentation:
1) For each client served by the Crime Refugee Prevention
Program, Subrecipient shall maintain a file containing
the following information:
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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 quarterly
reports on the Crime Refugee Prevention 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
Crime Refugee Prevention 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
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
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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
The Subrecipient shall comply with the uniform administrative
requirements contained in 570 .502, a copy of which is attached
hereto and made a part hereof as Exhibit "B" .
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.
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.
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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 is prohibited from using 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) Subrecipient agrees that 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 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
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
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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
( 1 ) •
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.
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 �� • ---.9
Richard B. Helwig
City Manager
Attest:
City Clerk
YWCA OF ELGIN, an Illinois
not-for-profit corporation
By
R -
Carol Elias
Executive Director
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