HomeMy WebLinkAbout070-R-20 Authorizing the City Manager to Execute an Intergovernmental Agreement for Coronavirus Relief Funds with Cook County7/30/2020
70-R-20
A RESOLUTION
Authorizing the City Manager to Execute an Intergovernmental
Agreement For Coronavirus Relief Funds with Cook County
WHEREAS, on March 27, 2020, the President of the United States signed
into law the Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act"); and
WHEREAS, the CARES Act establishes the Coronavirus Relief Fund
("CRF") which provides aid to eligible local governments to address necessary
expenditures due to the COVID-19 outbreak; and
WHEREAS, Cook County received CRF funding from the U.S.
Department of Treasury; and
WHEREAS, guidance provided by the U.S. Department of Treasury
indicates that a unit of local government may transfer a portion of its CRF funding to a
smaller unit of local government provided such transfer qualifies as a "necessary
expenditure" to the Public Health Emergency and meets the criteria of Section 601(d) of
the Social Security Act; and
WHEREAS, Article VII, Section 10, of the 1970 Illinois Constitution and the
Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorize and
encourage intergovernmental cooperation; and
WHEREAS, the Parties desire to enter into the attached
intergovernmental agreement to aid the City of Evanston in addressing the impacts of
the COVID-19 Public Health Emergency; and
70-R-20
WHEREAS, the Evanston City Council has determined that it will serve
and be in the best interest of the City to enter into the Agreement with Cook County;
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: Recitals. The City Council hereby adopts the foregoing
recitals as its findings, as if fully set forth herein.
SECTION 2: The City Council hereby approves, pursuant to the City of
Evanston's home rule power, the Agreement in the form attached to this Resolution as
Exhibit A.
SECTION 3: The City Manager is hereby authorized to sign the
"Intergovernmental and Subrecipient Agreement for Coronavirus Relief Funds",
attached hereto as Exhibit A and incorporated herein by reference.
SECTION 4: This Resolution shall be in full force and effect from and after
its passage and approval in the manner provided by law.
Attest:
G�
Devon Reid, City Clerk
Adopted: Auaust loth , 2020
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Stephen H. Hagerty, Mayor
Approved as to form:
Kelley A. Gandurski, Corporation Counsel
70-R-20
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT
-3-
INTERGOVERNMENTAL AND SUBRECIPIE.NT AGREEMENT
FOR
CORONAVIRUS RELIEF FUNDS
Between v
COUNTY OF COOK, ILLINOIS
And
City of Evanston, Illinois
;A
(Cook County, Illinois Suburban Municipality, Township or Fire Pro,ection District (Subrecipient))
Entered into this day of .2020
SUBAWARD INFORMATION
The following information is provided pursuant to 2 C.F.R. 200.331(a)(1): "
• Subrecipient's name (must match the name associated with its unique entity identifier):
Citv of Evanston
• Subrecipient's unique entity identifier (DUNS): 074390907
• Subaward Period of Performance Start and End Date: July 1, 2020, through December 30, 2020.
• Total Amount of Federal Funds allocated to the Subrecipient: $ 619, 214
• Federal Award Program Description:
Cook County has received Coronavirus Relief Funds pursuant to the CARES Act, a portion of which it has
chosen to allocate in the spirit of intergovernmental cooperation to suburban municipalities in Cook County.
Suburban municipalities which for the purposes of this agreement include municipalities, townships and
fire protection districts in suburban Cook County may apply for County awarded Coronavirus Relief Funds
pursuant to the following procedures and consistent with eligibility guidance. Requests will be reviewed
by the Cook County Bureau of Finance Program Management Office (PMO) of the COVID-19 Financial
Response Plan. Available funds will be distributed to suburban, municipalities consistent with their
respective allocations and based on the type of expenditure, the,volume of requests, and the balance of
funds available.
• Name of Federal Awarding Agency: U.S. Department of the Treasury
• Name of pass -through entity: Cook County, IL
• Contact Information for pass -through entity: Ammar M. Rizki,_Chief Financial Officer, Cook County
Bureau of Finance, 118 N. Clark Street, Suite 1127. Chicago, Illinois 60602. Email Info:
SuburbanCovidFundin2Reauestna,cookcountvil. eov
• Award is for Research & Development (R&D): NO
f "•
THIS AGREEMENT entered this day of , 2020, by and between the County of Cook, Illinois, a
body politic and corporate of the State of Illinois, through the Office of the Chief Financial Officer and Bureau of
Finance (herein called "Cook County"), and City of Evari's t on , Illinois (herein
called "Subrecipient"). Cook County and Subrecipient shall sometimes be referred to herein individually as the
"Party" and collectively as the "Parties."
WHEREAS, on March 13, 2020, the President of the United States issued-aPr6clamation on Declaring a National
Public Health Emergency as a result of the COVID-19 outbreak; and
WHEREAS, on March 27, 2020, the President of the United States signed .into law the Coronavirus Aid, Relief,
and Economic Security Act (the "CARES Act'); and
WHEREAS, the CARES Act established the Coronavirus Relief Fund ("CRF"), which provides aid to certain
eligible local governments to address necessary expenditures due to the COVID-19 Public Health Emergency; and
WHEREAS, Cook County qualified as an eligible local government and received CRF funding from the U.S
Department of Treasury; and
WHEREAS, federal guidance issued by the U.S. Department of Treasury tindicates that a unit of local government
may transfer a portion of its CRF funding to a smaller unit of local governriie'iit provided that such transfer qualifies
as a "necessary expenditure" to the Public Health Emergency and meets the,criteria of Section 601 (d) of the Social
Security Act as added by Section 5001 of the CARES Act; and
WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution. ;and the Illinois Intergovernmental
Cooperation Act (5 ILCS 220/1 et seq.) and other applicable law permit and,encourage units of local government
to cooperate with and support each other in the exercise of their authority and the performance of their
responsibilities; and
WHEREAS, the Illinois Intergovernmental Cooperation Act authorizes units of local government to combine,
transfer or jointly exercise any power, privilege, function, or authority which, either of them may exercise, and to
enter into agreements for the performance of governmental services, activities, or undertakings, and
WHEREAS, Cook County acknowledges that there are local municipalities within Cook County that were not
eligible to receive a portion of CRF and Cook County, through the spirit of intergovernmental cooperation, desires
to provide a portion of its CRF funding to aid such local municipalities in addressing the impacts of the COVID-19
Public Health Emergency; and
WHEREAS, Section 601(d) of the Social Security Act, as added by section 5001 of the CARES Act requires that
units of local government use the funds received to cover only those costs that (1) are necessary expenditures
incurred due to the public health emergency with respect to the COVID-19.; (2) were not accounted for in the budget
most recently approved as of March 27, 2020, (the date of enactment of the' CARES Act) for the state or local
government; and (3) were incurred during the period that begins on March'"1; 2020, and ends on December 30,
2020; and
WHEREAS, in order to provide funds for Subrecipient to pay necessary expenditures it has or will incur due to the
COVID-19 public health emergency, the Parties have agreed that Cook County, in its sole and absolute discretion,
may reimburse Subrecipient for eligible expenses as provided herein.
NOW, THEREFORE, the Parties mutually agree as follows:
I. AGREEMENT TERM
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A. This Agreement shall become effective on the date of executiogl� and.end on December 30, 2020 (the
"Initial Term").
B. This Agreement may be extended beyond the Initial Term only upon the written approval of both Parties;
provided, however, that all terms and conditions of this Agreement; shall remain in full force and effect
unless this Agreement is specifically amended.
C. Cook County, in its sole and absolute discretion, may terminate this Agreement at any time.
II. ACTIVITIES & ELIGIBLE EXPENSES
A. Activities
Subrecipient shall be responsible for administering all COVID-19 response activities in a manner satisfactory
to Cook County and consistent with any standards required as a condition of providing these funds. Allowable
activities must be directly tied to response and recovery efforts related .to COVID-19 and must be allowable
pursuant to the CRF requirements.
B. Eligible Expenses
Cook County, in its sole and absolute discretion, may reimburse an"ro `provide funding to Subrecipient for
"Eligible Expenses" as described on Attachment A of this Agreement. Notwithstanding anything herein to the
contrary, "Eligible Expenses" shall not include lost revenue. Failu`W.of Subrecipient to comply with the
provisions of this Agreement, including non-compliance. with 2 C.F,R..200, may result in expenses being
disallowed, withholding of federal funds, and/or termination of this Agreement.
III. NOTICES
Notices to Cook County as required by this Agreement shall be delivered:in writing, via email and addressed to
Cook County as set forth below. Notices to Subrecipient as required by this Agreement shall be in writing, via
email and addressed to Subrecipient as set forth below. All such notices, shall also- be deemed duly given if
personally delivered, or if deposited in the Unites States, mail, registered of ,certified return receipt requested.
Ammar M. Rizki
Chief Financial Officer
Cook County Bureau of Finance
118 N. Clark Street, Suite 1127
Chicago, IL 60602
SuburbanCovidFundin2Reauest(&cookcountvil.,2ov
Name of Subrecipient: City of Evanston
Address: 2100 Ridge Avenue, Evanston, IL 6020,1.
Email:klewislakin@cityofevanston.org.
E"
IV. TERMS & CONDITIONS
The following requirements are applicable to all activities undertaken with CRF funds.
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A. Compliance with State and Local Requirements ,
Subrecipient acknowledges that this Agreement requires compliance with the regulations of the State of Illinois
and with all applicable state and local orders, laws, regulations, rules, policies, and certifications governing any
activities undertaken during the performance of this Agreement.
B. Compliance with Federal Requirements
Subrecipient acknowledges that Eligible Expenses funded or reimbursed,by Cook County to Subrecipient are
not considered to be grants but are "other financial assistance" under 2 C.F.R. 200.40. This Agreement requires
compliance with certain provisions of Title 2 C.F.R. 200 — Uniform Administrative Requirements, Cost
Principals, and Audit Requirements for Federal Awards. Subrecipient agrees to comply with all applicable
federal laws, regulations, and policies governing the funds provided under this Agreement. Subrecipient further
agrees to utilize available funds under this Agreement to supplement rather than supplant funds otherwise
available.
During the performance of this Agreement, the Subrecipient shall comply with all applicable federal laws and
regulations, including, including, but not limited to, the following:
• Fund payments are considered to be federal financial assistance subject to the Single Audit Act (31
U.S.C. 7501-7507).
• Subrecipients are subject to a single audit or program specific audit pursuant to 2 C.F.R. 200.501(a)
when Subrecipient spends $750,000 or more in federal awards during their fiscal year.
• Fund payments are subject to 2 C.F.R. 200.303 regarding interrial,_controls.
• Fund payments are subject to 2 C.F.R. 200.330 through 200.3f regarding Subrecipient monitoring and
management.
• Fund payments are subject to Subpart F regarding audit requirements.
Subcontracts, if any, shall contain a provision making them subject t6—a11 of the provisions stipulated in this
Agreement, including but not limited to 2 C.F.R. 200.303, 2 C.F.R. 200.330-332, 2 C.F.R. 200.501(a), and 2
C.F.R. Part 200 Subpart F.
With respect to any conflict between such federal requirements and'the terms of this Agreement and/or the
provisions of state law and except as otherwise required under federal law or regulation, the more stringent
requirement shall control.
C. Hold Harmless
Subrecipient shall hold harmless, release, and defend Cook County .from any and all claims, actions, suits,
charges and judgments whatsoever that arise out of the Subrecipient's performance or nonperformance of the
services or subject matter called for in this Agreement.
D. Indemnification
Subrecipient shall indemnify Cook County, its officers, agents, employees, .and the federal awarding agency,
from any claim, liability, loss, injury or damage arising out of, or iii;:Connection with, performance of this
Agreement by Subrecipient and/or its agents, employees or sub -contractors; excepting only loss, injury or
damage determined to be solely caused by the gross negligence or willful misconduct of personnel employed
by Cook County. It is the intent of the Parties to this Agreement to provide the broadest possible
indemnification for Cook County. Subrecipient shall reimburse Cook County for all costs, attorneys' fees,
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expenses and liabilities incurred with respect to any litigation in which, Subrecipient is obligated to indemnify,
defend and hold harmless Cook County under this Agreement.
E. Misrepresentations & Noncompliance
Subrecipient hereby asserts, certifies and reaffirms that all representations and other information contained in
Subrecipient's application, request for funding, or request for reimbursement are true, correct and complete, to
the best of Subrecipient's knowledge, as of the date of this Agreement. Subrecipient acknowledges that all such
representations and information have been relied on by Cook County ° °to provide the funding under this
Agreement.
Subrecipient shall promptly notify Cook County, in writing, of the occurrence of any event or any material
change in circumstances which would make any Subrecipient representation or information untrue or incorrect
or otherwise impair Subrecipient's ability to fulfill Subrecipient's obligations under this Agreement.
F. Workers' Compensation
Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employee involved in the
performance of this Agreement.
G. Insurance ea
Subrecipient shall carry sufficient insurance coverage to protect any funds provided to Subrecipient under this
Agreement from loss due to theft, fraud and/or undue physical damage: Subrecipients that are self -insured
shall maintain excess coverage over and above its self -insured retention; limits.
H. Amendments
This Agreement may be amended at any time only by a written insi ent signed by both Parties. Such
amendments shall not invalidate this Agreement, nor relieve or release either Party from its obligations under
this Agreement. Cook County may, in its discretion, amend this AgreeMent:to conform with Federal, state or
local governmental guidelines, policies and available, funding amounts:..:If such amendments result in a change
in the funding, the scope of services, or schedule of the activities to be_.undertaken as part of this Agreement,
such modifications will be incorporated only by written amendment signed by both Parties.
I. Suspension or Termination
Cook County may suspend or terminate this Agreement if Subrecipient; ;materially. fails to comply with any
terms of this Agreement, which include (but are not limited to), the following:
1. Failure to comply with any of the rules, regulations or provisions referred to.herein, or such statutes,
regulations, executive orders, and Federal awarding agency guidelines, policies or directives as may
become applicable at any time;
2. Failure, for any reason, of Subrecipient to fulfill in a timely and proper manner its obligations under
this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the Subrecipient to Cook County reports that art iicoirect or incomplete in any material
respect.
J. Program Fraud & False or Fraudulent Statements or Related Acts
Subrecipient and any subcontractors must comply with 31
False Claims and Statements, which shall apply to the
U.S.C. Chapter 38, Administrative Remedies for
activities'`. and actions of Subrecipient and any
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subcontractors pertaining to any matter resulting from a contract.
K. Debarment / Suspension and Voluntary Exclusion
1. Non -Federal entities and contractors are subject to the d6a"iment and suspension regulations
implementing Executive Order 12549, Debarment and Suspension, ('1986) and Executive Order 12689,
Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security's
regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment'and Suspension).
2. These regulations restrict awards, subawards, and contracts;,with certain parties that are debarred,
suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs
and activities. A contract award must not be, made. to parties: listed in the Systems of Award
Management ("SAM") Exclusions. SAM Exclusions is the list, maintained by the General Services
Administration that contains the names of parties debarred; suspended, or otherwise excluded by
agencies, as well as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549. SAM exclusions can be accessed at www.sam.aov.
L. Governing Law and Venue. This Agreement shall be interpreted under, and governed by, the laws of the
State of Illinois, without regard to conflicts of laws principles. Any claim, suit, action, or proceeding
brought in connection with this Agreement shall be in the Circui(Court of Cook County and each party
hereby irrevocably consents to the personal .and subject matter jurisdiction of such court and waives any
claim that such court does not constitute a convenient and approprate'venue for such claims, suits, actions,
or proceedings.
V. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
Subrecipient agrees to comply with and agrees to adhere to appropriate,°accounting principles and procedures,
utilize adequate internal controls, and maintain necessary source docuWientation for all Eligible Expenses.
B. Duplication of Benefits; Subrogation
Subrecipient shall not carry out any of the activities under this Agreement in_a manner that results in a prohibited
duplication of benefits as defined by Section 312 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5155) and in accordance with Section 1210 of Ithe Disaster Recovery Reform Act of
2018 (division D of Public Law 115-254; 132 Stat. 3442), which amended.section 312 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155).
If Subrecipient receives duplicate benefits from another source, Subre ipierit must refund the benefits provided
by Cook County to Cook County.
Subrecipient must execute and deliver a Duplication of Benefits and Subrogation Agreement ("Duplication of
Benefits Certification"), in the form attached hereto as Attachment B. , Subrecipient shall comply with all terms
r
and conditions of the Duplication of Benefits Certification, including, without limitation, Subrecipient's
obligation to promptly notify Cook County of any disaster assistance received from any other source.
C. Documentation & Recordkeeping i ..
As required by 2 C.F.R. 200.33 1 (a)(5), Cook County, or any duly authorized representative of Cook County,
shall have the right of access to any records, documents, financial ;statements, papers, or other records of
Subrecipient that are pertinent to this Agreement, in order to comply with any audits pertaining to funds
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