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00-190 Resolution No. 00-190 RESOLUTION AUTHORIZING EXECUTION OF A SUBRECIPIENT AGREEMENT WITH THE WELL CHILD CENTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, 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 Well Child Center for building improvements at 620 Wing Street, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: August 23 , 2000 Adopted: August 23 , 2000 Omnibus Vote : Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk SUB-RECIPIENT AGREEMENT BETWEEN THE CITY OF ELGIN AND THE WELL CHILD CENTER COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM B-17-00-MC-0011 THIS AGREEMENT is made and entered into this 1st day of September, 2000, by and between the Well Child Center, an Illinois not-for-profit organization, located at 620 Wing Street in Elgin, Illinois (hereinafter referred to as the "Sub-recipient") 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,as amended; and WHEREAS, Sub-recipient operates a facility that serves thousands of children and women each year, providing well child physicals, lead testing, immunizations, nutrition and development education; WHEREAS, Sub-recipient provides services to individuals who do not have insurance and who are extremely-low-, very-low-, and low-income persons as defined by the U.S. Department of Housing and Urban Development, Section 8 Income Limits (a copy of which is attached hereto and made a part hereof as Exhibit"A"); and WHEREAS, Sub-recipient has recently purchased an existing industrial building and will use CDBG funds to build offices and examination rooms that will be used exclusively for the Supplemental Food and Nutrition Program for Women, Infants and Children (WIC). The Well Child Center will utilize approximately 14% (3,540 sq. ft.) of the building space for this activity; and WHEREAS, Grantee has determined it to be in its best interest to enter into this Agreement with Sub-recipient to assist Grantee in utilizing such funds totaling$67,338.84. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged,the parties hereby agree as follows: 1. Statement of Work A. Activities That the Sub-recipient's performance of all the following activities must be performed in a satisfactory manner. Whether performance is satisfactory is determined by the Grantee in its sole discretion. Should Sub-recipient not perform in a satisfactory manner, as solely determined by the Grantee, Grantee may terminate the Agreement and pursue any remedies provided by law including but not limited to suits for breach of contract, or for reimbursement of any and all money paid to Sub-recipient by Grantee. Sub-recipient will be responsible for administering $67,338.84 in 1998 CDBG funds in a manner satisfactory to Grantee and consistent with any standards required as a condition of providing these funds. Sub-recipient shall comply with all applicable Federal, state, and local statutes,rules and regulations governing such CDBG funds, and in a manner satisfactory to the Grantee. Such program will include the following activities eligible under the CDBG Program: Activity#1: Sub-recipient shall furnish, to the Grantee, specifications related to the construction of the office, waiting room and examination rooms for the Supplemental Food and Nutrition Program for Women, Infants and Children (WIC)Program administered by the Well Child Center. Activity#2: Sub-recipient shall participate in the development of the Request for Proposal (RFP)to be advertised and distributed to contractors. Activity#3: Sub-recipient shall oversee the construction of building improvements related to the WIC Program and submit progress reports. Note that allowable costs are attributable only to the eligible portion of the building. Activity#4: Sub-recipient shall maintain records in accordance with Section 2 of this Agreement and shall submit quarterly statements to the Grantee documenting number of clients served and verifying client household size and income as required by the U.S. Department of Housing and Urban Development. Activity#5: Grantee shall monitor the Sub-recipient's use of CDBG funds. 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 Sub-recipient 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. Eligibility and National Objectives The Well Child Center certifies that the activities undertaken pursuant to this Agreement will be implemented in accordance with the CDBG eligibility and national objectives criteria. Sub- recipient is eligible to receive CDBG funds for the construction, reconstruction, rehabilitation or installation of public facilities. pursuant to CFR 24, 570.201(c). This program will benefit a limited clientele, at least 51% of whom are low or moderate income pursuant to CFR 24, 570.208 (a)(2)(B). C. Levels of Accomplishment In addition to the normal administrative services required under this Agreement, Sub-recipient commits to achieving the following implementation milestones: Activity Date of Completion Activity# 1: Specification Development Submitted to Grantee by 9/15/00. Activity#2: RFP Review and Approval Submitted to Grantee by 10/13/00. D. Budget Sub-recipient expenditures are not to exceed the following budget as provided by the City of Elgin through the Community Development Block Grant Program: Line Item: Amount: WIC Office Development $ 67,338.84 Total Budget $ 67,338.84 2. Records and Reports A. Types and Schedules Sub-recipient certifies that it will make all records pertaining to this Agreement available to the Grantee, U. S. Department of Housing and Urban Development, Comptroller General of the United States, or any of their duly authorized representatives, until such time as they are no longer required under this Agreement. Sub-recipient shall maintain the following records which are necessary to guarantee project eligibility and for reporting/monitoring purposes. Sub- recipient will retain all records pertinent to this project for the term of this Agreement, starting 9/01/00 and ending 9/01/06. 1. Demographic and household income data for clientele served through the WIC Program.. 2. Records related to the construction of WIC facilities. Documentation shall include work performed and financial records. Sub-recipient shall submit the following reports to Grantee according to the prescribed schedule. Report Timing of Submission Activity#3: Construction Progress Reports Monthly beginning 12/1/00 through project completion and due to Grantee on the first of each month thereafter. Activity#4: Clientele Data Reports Quarterly during and after construction beginning 9/1/00 and ending 9/1/06. B. Invoices and Payments Grantee will maintain fmancial management of the program. Payments to contractor will be processed by Grantee upon approval of Sub-recipient and after submittal of timesheets from contractors. 3. Uniform Administrative Requirements Sub-recipient certifies that it will comply with applicable administrative requirements as set forth in 24 CFR part 570.502 (b) (see Exhibit B). These specifically include: (1) OMB Circular A-110, "Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations", implemented at 24 CRF Part 84(see Exhibit C). (2) OMB Circular A-122 "Cost Principles for Non-Profit Organizations"(see Exhibit D). (3) OMB Circular A-133 "Audits of Institutions of Higher Education and Other Non-profit Institutions"(see Exhibit E). 4. Other Program Requirements Sub-recipient will conduct activities authorized under this Agreement in compliance with all Federal laws and regulations described in 24 CFR Part 570, Subpart K(see Exhibit F). It may not, however, assume Grantee's environmental responsibilities described at 570.604 or assume grantee's responsibility for initiating reviews required pursuant to 24CRR Part 52 (see Exhibit G). The applicable laws and regulations include: 570.600 General. 570.601 Public Laws 88-352/90-284; affirmatively furthering fair housing; Exec. Order 11063. 570.602 Section 109 of the Act. 570.603 Labor Standards. 570.604 Environmental Standards. 570.605 National Flood Insurance Program. 570.606 Displacement,relocation, acquisition, and replacement of housing. 570.607 Employment and contracting opportunities. 570.608 Lead-based paint. 570.609 Use of debarred, suspended,or ineligible contractors or sub-recipients. 570.610 Uniform administrative requirements and cost principles. 570.611 Conflict of interest. 570.612 Executive Order 12372. 570.613 Eligibility restrictions for certain resident aliens. 5. Suspension and Termination of Agreement This Agreement may, in accordance with the provisions of 24 CFR Part 85.43, be suspended or terminated by Grantee if Sub-recipient materially fails to comply with any term of this award. The award may also be terminated for convenience, in writing, by either Grantee or Sub-recipient, pursuant to 24 CFR Part 85.44,providing a minimum of 30 days prior notice. 6. Reversion of Assets Upon completion of the construction project identified in Section 1A, Activity # 1, any remaining CDBG project funds shall be available for reallocation by the Grantee to another eligible CDBG project. If Sub-recipient materially fails to comply with any term of this award, the Sub-recipient shall repay to the Grantee all funds used for ineligible activities. A minimum of 51% of the persons served on an annual basis shall be at or below the Section 8 Income Limits contained in Exhibit A in order for the Sub-recipient 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 levels set by the U. S. Department of Housing and Urban Development. Failure to meet the aforementioned minimum 51% threshold shall require Sub-recipient to reimburse Grantee for funds expended, in whole or in part, for building improvements at 620 Wing Street. In the event the Sub-recipient chooses to leave the 620 Wing Street location prior to the expiration of this Agreement, the Sub-recipient has the authority to find another acceptable non-profit, as specified in 24 CFR 570.208 of the Housing and Community Development Act of 1974 and as approved by the Grantee, to complete the term of the Agreement. The Grantee shall not unreasonably withhold such approval. If either the Sub-recipient or suitable substitute non-profit corporation does not continue providing eligible services for low and moderate income persons, the Sub-recipient shall repay the U.S. Department of Housing and Urban Development or the Grantee for any unexpended CDBG funds and for all CDBG funds expended for the building improvements in an amount from 1 to 100% of CDBG funds depending on the amount of unexpended funds and/or percentage of time remaining on the term of the Agreement, as may be the case. 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 Sub-recipient and Grantee. 7. Indemnification To the fullest extent permitted by law, Sub-recipient agrees to indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits,judgments, costs, attorney's fees, damages or other relief arising out of or resulting from or through or alleged to arise out of any reckless or negligent acts or omissions of Sub- recipient's officers, employees or agents in the performance of this Agreement. 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. 8. Severability 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 enforceable for any reason, the remainder of this agreement shall remain in full force and effect. 9. Independent Contractor Status This Agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between the parties. 10. Choice of Law This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 11. No Personal Liability No official, director, officer, agent or employee of the City shall be charged personally or held contractually liable under any term of provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. Period of Applicability This Agreement will be in full force and effect from September 1, 2000 through September, 1, 2006. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year written above. CITY OF ELGIN, a municipal corporation WELL CHILD CENTER, an Illinois not-for- '-----N profit corporation By: By: a u<.1./ ���. Joyce A.Parker Beverly Saiz I 41 City Manager Executive Director t: City Clerk ' •■ w �{OF Et, ' N j �` ¢ 4 �"§ Agenda Item No. 0,. —City of Elgin E ���Ali i11�� •' r. 1 ellik F � L a I�-./F { iii I , .,.:, August 1, 2000 G �, I Y .�� N - , TO: Mayor and Members of the City Council r NEIGHBORHOOD VITALITY FROM: Joyce A. Parker, City Manager SUBJECT: Sub-recipient Agreement Between the City of Elgin and the Well Child Center PURPOSE This memorandum transmits information for the Mayor and members of the City Council to consider a Sub-recipient Agreement between the City of Elgin and the Well Child Center. BACKGROUND On March 22, 2000, the City Council authorized the use of Community rbk Development Block Grant (CDBG) funds for building improvements at the Well Child Center' s new 620 Wing Street location. The Well Child Center has $67, 338 . 84 remaining in their budget for the construction of office space and exam rooms that will be used for the Supplemental Food and Nutrition Program for Women, Infants and Children (WIC) Program. The attached Sub-recipient Agreement contains a description of the project scope, activities that will be undertaken by the Sub-recipient, reporting requirements as defined by U. S . Department of Housing and Urban Development (HUD) and the Reversion of Assets process which is applied if a payback of funds is required. This Agreement has been reviewed and approved by the City of Elgin' s Legal Department . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Beverly Saiz, Executive Director, Well Child Center. VIIIL/F INANCIAL IMPACT A total of $67, 338 . 84 in CDBG funds has been allocated to this project. Account number 230-0000-791 . 93-36 (Building/Structures) , project number 154417, will be charged for the building renovations. r em. Sub-recipient Agreement August 1, 2000 Page 2 ��`J�LEGAL IMPACT In order to comply with the U. S . Department of Housing and Urban Development' s (HUD) Code of Federal Regulations (CFR) 570. 203 and HUD directives, the Well Child Center and the City of Elgin must enter into a Sub-recipient Agreement before funds are expended for the proposed activity. This Agreement includes a Reversion of Assets clause that identifies reporting requirements concerning family size and income data and conditions for repayment of funds if the activity does not comply with federal guidelines for at least a five-year period. RECOMMENDATION The recommendation is that the Mayor and City Council approve the attached Sub-recipient Agreement. •ectfully submit 4 ) . . J•s'ce . Parker City Manager JAP/mtb rm.