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06-139 Resolution No. 06-139 RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT FROM THE ILLINOIS EMERGENCY MANAGEMENT AGENCY (IEMA) FOR A COMMUNITY EMERGENCY RESPONSE TEAM (Citizen Corps Program) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock,Mayor,be and is hereby authorized and directed to execute a grant agreement with the Illinois Emergency Management Agency (IEMA) for a Community Emergency Response Team Citizen Corps Program in the amount of$21,487,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: June 28, 2006 Adopted: June 28, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk ILLINOIS EMERGENCY R. BLAGOJEVICH, GOVERNOR • • MANAGEMENT AGENCY 1,9 *44# WILLIAM C. BURKE, DIRECTOR NOTICE OF GRANT AGREEMENT Part I-Notice of Grant Award to City of Elgin This Grant Agreement is made and entered by and between the Illinois Emergency Management Agency (Grantor), 110 East Adams Street, Springfield, Illinois 62701-1109, and City of Elgin (Grantee), 150 Dextor Court, Elgin,Illinois 60120-5555. WHEREAS this Grant is to utilize funds from the Department of Homeland Security (DHS) Office for Domestic Preparedness (ODP) Fiscal Year 2004 Appropriation for the Citizen Corps Program. THEREFORE, the Grantor is hereby making available to the Grantee the amount not exceeding $21,487.00 for the period yeriOd from the date of final execution to November 30, 2005. The Grantee hereby agrees to ussefthe funds provided under the agreement for the purposes set forth herein and agrees to comply with all terms and conditions of this agreement. This period of award may be amended if there is a delay in the release of these funds from the Federal Government. It is agreed between the parties, that the agreement, as written, is the full and complete agreement between the parties and that there are no oral agreements or understanding between the parties other than what has been reduced to writing herein. This Grant, Agreement and Attachments constitutes the entire agreement between the parties. Each budget detail worksheet submitted by the Grantee and approved by the Grantor as an authorized expenditure of this Grant shall be considered an attachment of this Grant Agreement. Part II-Term The term of this Grant Agreement shall be from the date of final execution by the Grantor through November 30, 2005. Part III- Scope of Work During the grant period, funds received by the Grantee will be utilized by the Grantee to administer the Citizen Corps Program. Grantee strategy and work plan, are provided in Application for Funding (Attachment A.). As each budget detail worksheet is approved, it shall also be considered as an attachment of this 110 East Adams Street•Springfield, IMnok•62701.1109 •Telephone(217) 782-7860 • Facsimile(217) 782-2589 •http://wwwstate.L r/iema Mad h'ale Moody of the St&of*on onRegt*Paper Grant Agreement. Part IV- Compensation Amount The total compensation and reimbursement payable by the Grantor to the Grantee shall not exceed the sum of$21,487.00 total amount. Part V-Terms and Conditions FISCAL FUNDING: The Grantor's obligations hereunder shall cease immediately, without penalty or further payment being required, in any year for which the General Assembly of the State of Illinois fails to make an appropriation sufficient to pay such obligation or FEMA fails to provide the funds. The Grantor shall give Grantee's notice of such termination for funding as soon as practicable after Grantor becomes aware of the failure of funding. Grantee's obligation to perform shall cease upon notice by Agency of lack of appropriated funds. METHOD OF COMPENSATION: The method of compensation shall be reimbursement in accordance with the invoice voucher procedures of the Office of the State of Illinois Comptroller. The Grantee agrees to maintain appropriate records of actual costs incurred and to submit expenditure information to the Grantor. No costs eligible under this agreement shall be incurred after November 30, 2005. ACCOUNTING REQUIREMENTS: The Grantee shall maintain effective control and accountability over all funds, equipment, property, and other assets under the Grant Agreement as required by the Grantor. The Grantee shall keep records sufficient to permit the tracing of funds to ensure that expenditures are made in accordance with this Grant Agreement. REPORTS: The Grantee shall submit programmatic reports as may be required by the Grantor. AUDITS AND INSPECTIONS: The Grantee will, as often as deemed necessary by the Grantor, ODP or any of their duly authorized representatives, permit the Grantor, ODP or any of their duly authorized representatives to have full access to and the right to examine any pertinent books, documents, papers and records of the Grantee involving transactions related to this grant agreement for three years from the date of submission of the final expenditure report or until related audit findings have been resolved, whichever is later. The Grantee certifies that all audits submitted under the provisions of Office of Management and Budget Circulars A-128 or A-133 have been approved by the Grantor. The Grantee acknowledges that these are federal pass- through funds that must be accounted for in the jurisdiction's Single Audit under the Single Audit Act of 1996, if required. MODIFICATION AND AMENDMENT OF THE GRANT: This grant agreement is subject to revision as follows: 2004.Citizen Corps Grant Page 2 of 7 A. Modifications may be required because of changes in State or Federal laws or regulations as determined by the Grantor. Any such required modification shall be incorporated into and will be part of this Agreement. The Grantor shall notify the Grantee of any pending implementation of or proposed amendment to such regulations before a modification is made to the Agreement. B. Modifications may be made upon written agreement of both Grantor and Grantee. TERMINATION FOR CONVENIENCE: This agreement may be terminated in whole or in part by the Grantor for its convenience, provided that, prior to termination, the Grantee is given: 1) .not less than ten (10) calendar days written notice by certified mail, return receipt requested, of the Grantor's intent to terminate, and 2) an opportunity for consultation with the Grantor prior to termination. In the event of partial or complete termination of this agreement pursuant to this paragraph, an equitable adjustment of costs shall be paid to the Grantee for expenses incurred under this agreement prior to termination. TERMINATION FOR BREACH OR OTHER CAUSE: The Grantor may terminate this agreement without penalty to the Grantor or further payment required in the event of: A. Any breach of this agreement which, if it is susceptible of being cured, is not cured within 15 calendar days after receipt of the Grantor's notice of breach to the Grantee. B. Material misrepresentation or falsification of any information provided by the Grantee in the course of any dealing between the parties or between the Grantee and any State Agency. Grantee's failure to comply with any one of the terms of this Grant Agreement shall be cause for the Grantor to seek recovery of all or part of the grant proceeds. RETENTION OF PROPERTY RECORDS: Grantee agrees to maintain records for equipment, non-expendable personal property, and real property for a period of three years from the date of the completion of the project. If any litigation, claim, or audit is started before the expiration of the three-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. NON-DISCRIMINATION: In carrying out the program, the Grantee shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, age, physical or mental handicap unrelated to ability, marital status, or unfavorable discharge from military service. The Grantee shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, ancestry, age,. physical or mental handicap unrelated to ability, marital status, or unfavorable discharge from 2004 Citizen Corps Grant Page 3 of 7 military service. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; :rates of pay or other forms of compensation; and selection for training; including apprenticeship. The Grantee shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this non- discrimination clause. SEVERABILITY CLAUSE: If any provision under the Grant Agreement or its application to any person of circumstance is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision or its application of the Grant Agreement which can be given effect without the invalid provision or application. DEBARMENT: The Grantee certifies neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the agreement by any Federal Agency or department. WORKER'S. COMPENSATION INSURANCE, SOCIAL SECURITY, RETIREMENT AND HEALTH INSURANCE BENEFITS, AND TAXES: The Grantee shall provide worker's compensation insurance where the same is required, and shall accept full responsibility for the payment of unemployment insurance, premiums for worker's compensation, social security and retirement and health insurance benefits, as well as all income tax deductions and any other taxes or payroll deductions required by law for employees of the Grantee who are performing services specified by the grant agreement. WAIVERS: No waiver of any condition of this grant agreement may be effective unless in writing from the Director of the Grantor. BOYCOTT: The Grantee certifies that neither it nor any substantially-owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act. Part VI- Assurances The Grantee assures that no official or employee of the Grantee who is authorized in the Grantee's official capacity to negotiate, make, accept,. or approve, or to take part in such decisions regarding a contract for acquisition/development of property in connection with this agreement, shall have any financial or other personal interest in any such contract for the acquisition/development. The Grantee will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 2004 Citizen Corps Grant Page 4 of 7 • • The Grantee will comply, as applicable, with provisions of the Hatch Act(5 U.S.C. §§1501-1508 • and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. The Grantee will cause to be performed the required financial and compliance audits in accordance with the Single,Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." The Grantee will comply with all applicable requirements of all other Federal laws, executive orders,regulations, and policies governing this program. Part VII-Certification The Grantee certifies that it has not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois, nor has any official, agent, or employee of the Grantee committed bribery or attempted bribery on behalf of the Grantee and pursuant to the direction or authorization of a responsible official of the Grantee. The Grantee hereby certifies that it has not been barred from bidding on, or receiving State or local government contracts as a result of illegal bid rigging or bid rotating as defined in the Criminal Code of 1961 (720 ILCS 5/33E-3 and 33E-4). The Grantee certifies that it will comply with all applicable State and d Federal laws and regulations. The Grantee certifies that it will return to the State all State or Federal grant funds that are not expended or are accidentally over-advanced. The State may recapture those funds not expended or accidentally over-advanced in accordance with State and Federal laws and regulations. The Grantee further certifies that its failure to comply with any one of the terms of this Grant Agreement shall be cause for the Grantor to seek recovery of all or part of the grant proceeds. The Grantee certifies that it will establish safeguards to prohibit employees, contractors, and subcontractors from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Under penalties of perjury, I certify that 36-6005862 is my correct Federal Taxpayer Identification Number and that IRS Instructions have been provided for proper completion of this certification. I am doing business as a(please check one): Individual Real Estate Agent — Sole Proprietorship X Governmental Entity Partnership Tax Exempt Organization 2004 Citizen Corps Grant Page 5 of 7 s Corporation (IRC 501(a) only) Not-for-profit Corporation Trust or Estate _Medical and Health Care Services Provider Corporation Part VIII-Drug Free Certification This certification is required by the Drug Free Workplace Act (30 ILCS 580). The Drug Free Workplace Act, effective January 1, 1992, requires that no Grantor or contractor shall receive a grant or be considered for the purposes of being awarded a contract for the procurement of any property or services from the State unless that Grantor or contractor has certified to the State that the Grantor or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of the contractor or grant and debarment of contracting or grant opportunities with the State for at least one(1)year but not more than five(5)years. For the purpose of this certification, "Grantor" or "contractor" means a corporation, partnership, or other entity with twenty-five(25) or more employees at the time of issuing the grant, or a department, division, or other unit thereof, directly responsible for the specific performance under a contract or grant of$5,000 or more from the State. The contractor/Grantor certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the Grantor's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or • grant, the employee will: (A) abide by the terms of the statement; and (B) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. (b) Establishing a drug free awareness program to inform employees about: 2004 Citizen Corps Grant Page 6 of 7 z � I (1) the dangers of drug abuse in the workplace; (2) the Grantor's or contractor's policy of maintaining a drug free workplace; • (3.) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon an employee for drug violations (c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting or granting Agency within ten (10) days after receiving notice under part (B) of paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is so convicted, as required by section 5 of the Drug Free Workplace Act. (f) Assisting employees in selecting a course of action in the event drug counseling, treatment, and rehabilitation is required and indicating that a trained referral team is in place. (g) Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized representatives. Grantor: IL Emergency Management Agency Grantee: City of Elgin By: eBy: William C. Bur e D' e . Off{ Ed Schock,Mayor DATE: 14` \ \O 5 DATE: 6 —0 — or 2004 Citizen Corps Grant Page 7 of 7 4 �, s OFE�C� ti Agenda Item No. —City of Elgin II 'r,- January 6, 2006 G I N TO: Mayor and Members of the City Council SAFE C (DMMUN1ITY FROM: Olufemi Folarin, City Manage Robert Duffy, Deputy Police C ief SUBJECT: Acceptance of Two Grants from the Illinois Emergency Management Agency for CERT PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to approve the acceptance of two grants from the Illinois Emergency Management Agency for the Illinois Citizens Corps Program printing and Public Outreach program in the combines amount of$27,487. RECOMMENDATION It is recommended that the City Council approve both grants in the amount of$27,487. BACKGROUND The Community Emergency Response Team (CERT) Program educates people about disaster preparedness for hazards that may impact their area and trains them in basic disaster response skills, such as fire safety, light search and rescue, team organization, and disaster medical operations. Using the training learned in the classroom and during exercises, CERT members can assist others in their neighborhood or workplace following an event when professional responders are not immediately available to help. CERT members also are encouraged to support emergency response agencies by taking a more active role in emergency preparedness projects in their community. Several of our CERT certified volunteers participated with FEMA in emergency relief during recent hurricanes. The City of Elgin made application to the Illinois Emergency Management Agency in early 2005 for two separate grants in the amounts of$6,000 and $21,478 to fully fund the efforts of the City of Elgin through the Citizens Corps Program. In July 2005 the State approved our applications, but through an administrative misunderstanding, these grants were never brought before the City Council for approval. Mr. Steve Figved has been retained by the City to perform the administrative duties associated with the grant. The conditions of the grants have been met and all expended funds will be fully reimbursed upon the City Council accepting these grants. • - Acceptance of CERT Grants January 6, 2005 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. ytA FINANCIAL IMPACT This initiative was not budgeted for in 2005 or 2006. It is recommended that a General Fund budget transfer in the amount of $28,000 from account number 010-6902-719-84.01 (Contingency) to 010-2301-731.30-99 (Police Administration Misc. Professional Service) be authorized to fund this expenditure. Funds in the amount of $300,000 are available for appropriation. The City will be reimbursed for these grant related expenditures and upon receipt of the grant the contingency account will be credited. LEGAL IMPACT WWNone. ALTERNATIVES 1. The City Council may direct the Police De p artment to re j ect these grants and fully fund the CERT Program with local funds. 2. The City Council may direct the Police Department to not participate in the CERT Program in any way. Respectfully submitted for Council consideration. jjb