01-191 Resolution No. 01-191
RESOLUTION
AUTHORIZING EXECUTION OF A SUB-RECIPIENT AGREEMENT WITH
THE YWCA OF ELGIN, ILLINOIS FOR CAPITAL IMPROVEMENTS
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 Sub-recipient Agreement on behalf of the City of Elgin with
YWCA of Elgin, Illinois for capital improvements to 220 East
Chicago Street, a copy of which is attached hereto and made a
s/ Ed Schock
Ed Schock, Mayor
Presented: July 11, 2001
Adopted: July 11, 2001
Omnibus Vote : Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
SUB-RECIPIENT AGREEMENT
BETWEEN THE CITY OF ELGIN,AND
YWCA OF ELGIN, ILLINOIS
B-17-01-MC-0011
THIS AGREEMENT is made and entered into this 11`'' day of July, 2001, by and
between YWCA OF ELGIN, ILLINOIS, a not-for-profit corporation incorporated pursuant to the
laws of the State of Illinois and an agency of United Way, (hereinafter referred to as the "Sub-
recipient"), and the CITY OF ELGIN, Illinois, an Illinois municipal corporation, (hereinafter
referred to as the"Grantee"or"City").
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 multiple purpose facility located at 220 East
Chicago Street in Elgin, Illinois (hereinafter referred to as "Facility"), which provides the
community with social service programs and health and fitness programs; and
WHEREAS, Sub-recipient's Facility is in need of building rehabilitation work as
follows: installation of a new fire alarm system which is compliant with the Americans with
Disabilities Act; and
WHEREAS, Sub-recipient provides assistance to at-risk youth, refugees, non-native
speakers and the elderly; and serves primarily (98%) low and moderate income families through
its various programs; and
WHEREAS, Sub-recipient lacks the capital to undertake the needed fire alarm system
installation and will use CDBG funds to complete this upgrade to their facility; 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 CDBG funds totaling $77,000.00 for
the fire alarm system installation project.
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
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 shall provide the following services: Child Development Services, English Literacy
activities (ages 0 - 5), Pre-school and Day camps, and school age child care (grade K-6); Youth
Services, including Residence camp, outdoor education activities, English literacy summer
program, refugee youth program (10 - 21 Years), dances and overnights, At-Risk Youth
enrichment programs, Teen REACH (ages 10 - 17) and gang prevention and community family
intervention; Community Services including English literacy and family literacy classes,
citizenship workshops and preparation classes, and native language literacy classes; and Health
and Fitness Services including Swim lessons (adult and child), low-impact aerobics, aquatic
exercise, fitness center, Hispanic Women's Health Promoters Project, parent-child classes,
corporate health packages,basketball and volleyball,team skills building, and facilities rental.
Sub-recipient will be allocated $77,000.00 in Program Year 1999 CDBG funds for the installation
of a new, ADA-compliant fire alarm system. CDBG funds shall be used for obtaining
specifications via a Request for Proposal for specifications, and for completion of the project via
a separate Request for Bids for provision and installation of the fire alarm system. The scope of
work includes providing smoke and heat detectors, horns and strobe lights, pull stations, duct
detection, control panel, annunciator panel, and elevator recall. Sub-recipient shall perform their
activities in a manner satisfactory to Grantee and consistent with any standards required as a
condition of providing these funds and shall comply with all applicable Federal, state, and local
statutes, rules and regulations governing such CDBG funds. Such project will include the
following activities eligible under the CDBG Program:
Activity# 1: Grantee shall obtain specifications for the fire alarm system. Sub-recipient shall
review and approve, in writing, the specifications for facility improvements.
Activity#2: Grantee shall prepare one Request for Proposal, for system specifications,and
one Request for Bids, for provision and installation of the system, and upon
approval of Sub-recipient, distribute the Requests to appropriate vendors.
Activity#3: Sub-recipient shall oversee progress of the fire alarm system installation.
Completed facility improvements shall be approved by the Sub-recipient, in
writing,prior to the City of Elgin's release of payment to the contractor.
Activity#4: Sub-recipient shall submit monthly construction status reports to Grantee.
Activity#5: 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, client income and client household size, as required by
the U.S. Department of Housing and Urban Development.
B. Eligibility and National Objectives
YWCA OF ELGIN, ILLINOIS certifies that the activities undertaken pursuant to this Agreement
will be implemented in accordance with CDBG eligibility and national objectives criteria. Sub-
recipient is eligible to receive CDBG funds for the rehabilitation of commercial buildings owned
by a non-profit organization pursuant to 570.202 (a)(4)and(b)(2).
Improvements shall benefit low and moderate income persons on a limited clientele basis
pursuant to 570.208 (a)(2)(B). Documentation on family size and household income will confirm
that at least 51%of the clients are low and moderate income households.
C. Levels of Accomplishment
In addition to the normal administrative services required under this Agreement, Sub-recipient
commits to achieving the following implementation milestones which are the sole responsibility
of the Sub-recipient.
Activity Date of Completion
Activity# 1: Review and Approve Plans Submit to Grantee by 8/10/01.
Activity#2: Oversee and Approve Installation 9/10/01 or start of work through project
completion.
Activity#3: Construction Progress Reports Submit monthly beginning 9/10/01 or
start of work, through project
completion. Due to Grantee on the first
of each month.
Activity#4: Project Completion Approval Upon completion of work,provide
written notice to Grantee that contractor
work has been satisfactorily completed.
Activity#5: Clientele Data Reports Submit quarterly, April 15, July 15
October 15 and,January 15 during and
after construction beginning 10/15/01
and ending 10/15/06.
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:
Fire alarm system specifications and installation $77,000.00
Total Project Budget $77,000.00
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 Agreement for a period of 5 years from the date of
this Agreement, starting 7/11/01 and ending 7/11/06.
1. Number of clients served,household size and household income.
2. Documents related to the fire alarm system project.
B. Invoices and Payments
Grantee will maintain financial management of the program. Payments to contractor(s) 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 they 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). They 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. The Sub-recipient
shall repay to the Grantee all funds used for ineligible activities, further described below.
6. Reversion of Assets
In the event the services identified in 1. Statement of Work of this Agreement or other eligible
services for low and moderate income individuals are no longer provided at the Facility due to
actions by YWCA OF ELGIN, ILLINOIS, unless YWCA OF ELGIN, ILLINOIS has declared
breach of contract by Sub-recipient, YWCA OF ELGIN, ILLINOIS shall reimburse the U.S.
Department of Housing and Urban Development or the City for all CDBG funds expended for the
architectural services and building improvements made with CDBG funds in an amount equal to
6.7% for each year and portion of each year remaining on the five-year useful life of the building
improvements. The term of the five-year useful life of the building improvements at the Facility
shall commence on the date of this Agreement. This provision shall not be construed as limiting
the Grantee from asserting any claims against YWCA OF ELGIN, ILLINOIS for the breach of any
other terms of this Agreement.
Upon project completion as specified in 1. Statement of Work, 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.
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 July 11, 2001 through July 11, 2006.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date and year
written above.
CIT ELGIN
By: Q•
Joyce . Par er
City Manager
YWCA OF ELGIN, ILLINOIS
By:
Carol Elias
Executive Director
Attest:
/ c<
Loni Mecum
City Clerk
f` '1 � City of Elgin Agenda Item No. fi
I
i
G
June 22, 2001 1 c ?
N
TO: Mayor and Members of the City Council SAFE COMMUNITY
FROM: Joyce A. Parker, City Manager
SUBJECT: Sub-recipient Agreement Between the City
of Elgin and YWCA of Elgin, Illinois
PURPOSE .
The purpose of this memorandum is to provide the Mayor and members
of the City Council with information necessary to consider a Sub-
recipient Agreement between the City of Elgin and YWCA of Elgin,
Illinois.
BACKGROUND
(ow
The City Council allocated $77, 000 in 1999-2000 Community
Development Block Grant (CDBG) funds to YWCA of Elgin, Illinois
for capital improvements to the YWCA facility located at 220 East
Chicago Street in Elgin. Specifically, funds were allocated to be
used for the installation of an ADA-compliant fire alarm system,
including the cost of engineering services to develop
specifications and the cost to provide and install the system.
The City of Elgin' s Legal Department has reviewed and approved this
Sub-recipient Agreement .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Carol Elias, Executive Director, YWCA of Elgin, Illinois
FINANCIAL IMPACT
Funds in the amount of $77, 000 . 00 were allocated to this project .
Project expenditures will be charged to account number 230-0000-
791 . 93-36 (Buildings/Structures) and project number 154522 .
r
YWCA Sub-recipient Agreement
June 22, 2001
Page 2
LT _ 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, YWCA of Elgin, Illinois and the City of Elgin must
enter into a Sub-recipient Agreement before funds are expended for
the proposed activity. This Agreement identifies data reporting
requirements based on household size and income as well as
conditions for repayment of funds if the activity assisted with
CDBG funds does not comply with federal guidelines for at least a
five-year period.
ALTERNATIVES
The Mayor and City Council can approve the attached Sub-recipient
Agreement or choose not to approve the Sub-recipient Agreement and
reallocate the project funds to another CDBG project or eligible
activity.
RECOMMENDATION
The recommendation is that the Mayor and City Council approve the
attached Sub-recipient Agreement with YWCA of Elgin, Illinois .
Respectfully submitted,
J ce . Parker
City Manager
JAP/bei