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Ordinance 2020-43 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2020-43 AN ORDINANCE PERTAINING TO THE LOCAL CURE PROGRAM (COVID-19 EXPENDITURE REIMBURSEMENTS) Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 8'day of September,2020 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on September 16,2020. Ordinance No. 2020-43 AN ORDINANCE PERTAINING TO THE LOCAL CURE PROGRAM (COVID-19 EXPENDITURE REIMBURSEMENTS) WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City has in full force and effect a codified set of those ordinances of the City which are of a general and permanent nature,which said codified set is known and designated as the City Code of the United City of Yorkville, as amended; and WHEREAS, the City is an Illinois municipality, eligible for reimbursement of funds through the Local Coronavirus Urgent Remediation Emergency Support Program (Local CURE Program), 20 ILCS 605/605-1045; and WHEREAS, the Local CURE Program is funded from financial assistance the State of Illinois received through the U.S. Department of the Treasury's Coronavirus Relief Fund (CFDA No. 21.019) authorized under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid,Relief and Economic Security Act, P.L. 116-136 ("CARES Act"); and WHEREAS, as a Local Government recipient of financial support through the Local CURE Program, the City is required to utilize the financial support received from the Illinois Department of Commerce and Economic Opportunity(the"Department")for the specific purposes and in compliance with the terms and certifications of the Local CURE Program; and WHEREAS, the corporate authorities of the City have determined that it is advisable, necessary and in the best interest of the City to enter into the attached Local CURE Program Ordinance No.2020-43 Page 2 Financial Support Conditions and Certification in order to participate in and receive the funding pursuant to the Local CURE Program. NOW,THEREFORE,BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: The foregoing recitals shall be and are hereby incorporated as findings of fact as if said recitals were fully set forth herein. Section 2: The Financial Support Conditions and Certification in substantially the form of the exhibit attached hereto is hereby incorporated herein by reference, authorized and approved. Section 3: The City Mayor is hereby authorized to execute and deliver and the City Clerk is hereby authorized to attest to said execution of said certification in substantially the form of the exhibit appended hereto as so authorized and approved for and on behalf of the City. Section 4: SEVERABILITY This ordinance and every provision thereof shall be considered severable. If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. Section 5: REPEALER All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4: EFFECTIVE DATE This Ordinance shall be in full force and effect immediately upon its passage, approval and publication in this pamphlet form which is hereby authorized, as provided by law. Ordinance No.2020-43 Page 3 Passed by the City Council of the United City of Yorkville, Kendall County,-Illinois this 8'' day of September, A.D. 2020. CITY CLERK KEN KOCH AYE DAN TRANSIER AYE JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE SEAVER TARULIS AYE JASON PETERSON AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this_kMay of cSEPTEN!6Ek , A.D. 2020. MAYOR Attest: CITY CLERK Ordinance No.2020-43 Page 4 Certification No.20-495064 LOCAL CORONAVIRUS URGENT REMEDIATION EMERGENCY SUPPORT PROGRAM ("Local CURE Program") FINANCIAL SUPPORT CONDITIONS AND CERTIFICATION United City of Yorkville ("Local Government"), with its principal office at 800 Game Farm Rd, Yorkville, IL 60560, is eligible to receive an amount not to exceed $784,715 ("allotment") as financial support pursuant to the Local CURE Program. The Local CURE Program is funded from financial assistance the State of Illinois received through the U.S. Department of the Treasury's Coronavirus Relief Fund (CFDA No. 21.019) authorized under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief and Economic Security Act, P.L. 116-136 ("CARES Act"). As a Local Government recipient of financial support through the Local CURE program,the Local Government is required to utilize the financial support received from the Illinois Department of Commerce and Economic Opportunity (the "Department") for the specific purposes as set forth below. To participate in the Local CURE Program, the Local Government must remain in compliance with the terms and certifications stated herein. Please review the items below carefully, as the Local Government and its representative shall warrant that all material facts presented are accurate. If the Local Government is unable to provide this assurance, it is ineligible to receive financial support under the Local CURE Program. The Department may enter into an agreement with one or more third parties to assist in the administration of the Local CURE Program.The Local Government shall adhere to all instructions or guidance issued by the Department's third party vendors in addition to those of the Department. The allowable uses of program funds and eligible expenditures set forth in this certification will be modified by the Department, in accordance with the Illinois Administrative Procedure Act, if the CARES Act or the U.S. Department of the Treasury guidance is amended to authorize different categories of eligible uses or eligible expenses. The Local Government should return this signed Financial Support Conditions and Certification by October 1,2020. FINANCIAL SUPPORT CONDITIONS As the authorized representative of the Local Government, I agree and certify that the Local Government: l General Information 1. Provided true and accurate information on the following documents, as applicable: the application and the IRS Form W-9. 2. Will have, by the time Local Government submits its first request for reimbursement, an active registration on the federal System for Award Management ("SAM") and will maintain an active SAM registration throughout the duration of the Local Government's participation in the Local CURE Program. 3. Is a "unit of local government" as defined by the Illinois Constitution, Article Vll. Section 1 and has the legal authority to apply for and receive financial support under the Local CURE Program. 4. Is not located completely within one or more of the five Illinois counties that received direct allotments from the CARES Act fund (Cook, DuPage, Kane, Lake, or Will). Local CURE Program Requirements 5. Has incurred or will incur eligible costs, as defined by 14 III. Admin. Code Part 700,for which it will seek reimbursement from the Department under the Local CURE Program. Specifically, the costs incurred by the Local Government: a. are necessary expenditures incurred due to the public health emergency with respect to COVID-19; b. are not accounted for in the budget most recently approved as of March 27, 2020(the date of enactment of the CARES Act)for the unit of local government; and c. were or will be incurred during the period that begins on March 1, 2020 and ends December 30, 2020. 6. Understands that pursuant to the Local CURE Program, the Local Government will only be permitted to seek reimbursement from the Department for costs that have already been expended for services performed or goods received. No advance payments will be permitted. 7. Shall seek reimbursement from one or more of the following five categories of eligible incurred expenses: a. Medical expenses, including but not limited to: expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, costs of providing COVID-19 testing, and emergency medical response expenses; b. Public health expenses, including but not limited to: expenses for communication and enforcement by local governments of public health orders related to COVID-19; c. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services were substantially dedicated to mitigating or responding to COVID-19; d. Expenses for actions taken to facilitate compliance with COVID-19 related public health measures; and e. Any other COVID-19 related expenses reasonably necessary to the function of government, or for other uses approved by the Department, that satisfy the Local CURE Program eligibility criteria. The Local Government must document how expenses are related to COVID-19. 2 8. Understands that to be eligible for reimbursement, the Local Government must have had services performed or received goods to respond directly to the public health emergency with respect to COVID-19 by December 30, 2020. 9. Understands that it is Local Government's responsibility to communicate with and report to the Department Local Government's needs regarding the allotment on a regular basis, as directed by the Department. This includes the requirement that Local Government report as soon as practicable if it believes that a portion of the allotment will not be utilized by the Local Government,OR if Local Government is in need of additional funds in excess of the allotment, for costs which will be incurred by December 30, 2020 and which will comply with all the Local CURE Program requirements. 10. Understands that on or around November 1,2020, the Department will send a notice to Local Government indicating that it must report in detail:(a)how Local Government intends to spend the remainder of the initial allotment, and (b) any anticipated eligible expenses through December 30, 2020 in excess of the local government's initial allotment. If, by December 1, 2020, Local Government does not submit a report to the Department, or the detailed report submitted by Local Government reveals that some or all of the allotment will not be utilized by the Local Government, the Department will redirect, in accordance with 14 111. Admin. Code Part 700, the projected unspent balance to other local governments eligible for the Local CURE Program, which have reported a need for funds. 11. Understands that all requests for reimbursement for any Local CURE Program allotment received by Local Government before February 1, 2021 must be received by the Department or its third party administrator by January 31,2021. 12. Understands that if Local Government's allotment has a remaining balance of funds for which Local Government has not sought reimbursement by January 31, 2021, on February 1,2021. the remaining balance will be redirected to one or more local governments eligible for the Local CURE Program, which have a need for funds. 13. Understands that if the Local Government receives an allotment on or after February 1,2021, the Local Government must submit all requests for reimbursement for this allotment to the Department or its third party administrator by February 28,2021. 14. Understands that for any allotment received by Local Government on or after December 1, 2020, to be eligible for reimbursement, the Local Government must have had services performed or received goods to respond directly to the public health emergency with respect to COVID-19 by December 30, 2020. 15. Understands that the Local Government will submit to the Department or its third party administrator requests for reimbursement on forms provided by the Department or its third party administrator, including all required supporting documentation and in the manner requested by the Department or third party administrator, that the third party administrator will review the information received for eligibility,and if approved,the payrnent(s)will be released by the Department to the Local Government. 16. Understands that funds received through the Local CURE Program may not be used to fill shortfalls in the Local Government's revenue to cover expenditures that would not otherwise qualify under the program unless the Department authorizes such expenditures, in accordance with the Illinois Administrative Procedure Act, after a modification to the CARES Act or subsequent guidance issued by the U.S. Department of the Treasury. 3 17. Shall not seek reimbursement for incurred expenses under the Local CURE Program for which the Local Government has received or will receive a duplicate benefit through another State or federal funding opportunity. 18. Understands that any funding provided through the Local CURE Program is authorized under section 601(a) of the Social Security Act, as added by section 5001 of the CARES Act. The Local Government shall follow all requirements of the CARES Act, including, but not limited to, all related guidance, including subsequent guidance, issued by the U.S. Department of the Treasury. 19. Shall use the funds received from the Department in accordance with the requirements of the Local CURE Program, including the statute (20 ILCS 605/605-1045), rules (14 111. Admin. Code Part 700), including any amendments thereto, and all written guidance and manuals issued by the Department and/or its third party administrator. The Department, as the administrator of the Local CURE Program, has the authority to take any action necessary to bring Local Government into compliance with the program requirements. 20. Understands that the Department reserves the right to seek a refund from the Local Government if the Department, another State agency or the federal government finds that the Local Government: (a)made a false or fraudulent statement to the Department or its third party administrator; (b) made a false or fraudulent claim for funds; or (c) spent the Local CURE Program funds on ineligible expenses or for duplicate costs that were reimbursed through another federal or State program. Local CURE Program Administrative Reauirements 21. Shall provide all necessary forms, documentation and information as required or requested by the Department or its third party administrator(s) to operate the Local CURE Program. 22. Shall submit all required reports and information requested by the Department or the third party administrator including, but not limited to, information demonstrating funds received under the Local CURE Program were deposited in an account held by the Local Government. 23. When requesting a reimbursement, shall submit a report certifying the costs, as required by 2 CFR 200.415, and provide all documentation and information required by 14 Ill. Admin.Code Part 700, and any other information requested by the Department or its third party administrator. 24. Shall include Local CURE funding in the applicable financial statement and/or audit of the Local Government, including a Single Audit pursuant to the Single Audit Act (31 U.S.C. §§7501-7507). 25. Shall not seek reimbursement for costs paid to an entity on the federal or State debarred and suspended list. 26. Shall comply with the following provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200): 2 CFR 200.303 regarding internal controls; 2 CFR 200.330 through 200.332 regarding subrecipient monitoring and management; subpart E regarding cost eligibility requirements; and subpart F regarding audit requirements. 4 General Administrative Requirements 27. Is complying with all relevant State and federal laws and regulations. 28. And its affiliate(s), is/are not barred from receiving the Local CURE Program funds because the Local Government, or its affiliate(s), is/are delinquent in the payment of any debt to the State,unless the Local Government,or its affiliate(s), has/have entered into a deferred payment plan to pay off the debt, and the Local Government acknowledges the Department may terminate and/or seek a refund of the Local Government's Local CURE Program allotment if this certification is false(30 ILCS 500/50-1 1). 29. Shall continue to comply, as applicable, with the provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), the Copeland Act(40 U.S.C. 276c and 18 U.S.C. 874),the Davis-Bacon Act(40 U.S.C. 276a-276-1),the Drug-Free Workplace Act of 1988(44 CFR, Part 17, Subpart F), the Fair Labor Standards Act (29 U.S.C. 201), and the Illinois Prevailing Wage Act (820 ILCS 130/1). 30. Shall comply with all relevant laws and regulations concerning nor-discrimination. 31. Shall pay no appropriated funds to any person for influencing or attempting to influence an officer or employee of federal, State or local government, or an employee of a member of any federal, State or local government in connection with the awarding of any State and federal contract, the making of any State and federal grant, the making of any State and federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State and federal contract, grant, loan or cooperative agreement. 32. Shall prohibit employees, contractors, and subcontractors frorn using their positions for a purpose that constitutes or presents an appearance of personal or organizational conflict of interests or personal gain. 33. Has no action, lawsuit or proceeding pending or, to the knowledge of the Local Government, threatened which questions the legality or propriety of the transactions contemplated by the receipt of funds through the Local CURE Program or which will have a material adverse effect on the performance required by the Local Government. 34. Has not received any notice of any investigation conducted or charges, complaints or actions brought by the State of Illinois or any governmental body within the State of Illinois regarding the Local Government or its principals and key personnel that will be involved in the use of the Local CURE Program funds received. 35. Has not received any notice that any of its principals or key personnel that will be involved in the use of the Local CURE Program funds are the subject of any criminal investigations or charges. 36. Understands that neither the Department nor the Local Government shall be liable for actions chargeable to the other party related to the Department's provision of funds to the Local Government including, but not limited to, the negligent acts and omissions of a party's agents, employees or subcontractors in the performance of their duties, unless such liability is imposed by law. 37. Understands that receiving funds pursuant to the Local CURE Prograrn is contingent upon and subject to the availability of sufficient funds. The Department may terminate or suspend the Local Government's allotment, in whole or in part, without penalty or further payment being required, if(i) sufficient funds have not been appropriated or otherwise rnade available to the Department by the State or the federal funding source, (ii) the Governor or the Department 5 reserves funds, or (iii) the Governor or the Department determines that funds will not or may not be available for payment. The Department shall provide notice, in writing, to the Local Government of any such funding failure and its election to terminate or suspend Local Government's allotment as soon as practicable. Any suspension or termination pursuant to this paragraph will be effective upon the date of the written notice unless otherwise indicated. Accessibility of Records and Retention 38. Shall make books, records, related papers, supporting documentation, financial records and personnel relevant to the Local CURE Program available to authorized Department representatives, the Illinois Auditor General, Illinois Attorney General, any Executive Inspector General, federal authorities, and any other person as may be authorized by the Department (including auditors), by the State of Illinois or by federal statute. Local Government shall cooperate fully in any such audit or inquiry. Failure by the Local Government to maintain books, records, financial records and supporting documentation shall establish a presumption in favor of the State for the recovery of any funds paid by the State under the Local CURE Program for which adequate books, records, financial records and supporting documentation are not available to support disbursement. 39. Understands that the Department or its third party administrator will conduct monitoring of the Local CURE Program to ensure funds were spent in accordance with the Local CURE Program statute and the administrative rules. 40. Shall provide to any agent authorized by the Department, upon presentation of credentials,full access to, and the right to examine, any document, papers and records either in hard copy or electronic format, of the Local Government involving transactions related to the Local CURE Program. 41. Shall maintain for five (5) years from the date of submission of the final request for reimbursement, adequate books, all financial records and supporting documents, statistical records and all other records pertinent to the Local CURE Program. If any litigation, claim or audit is started before the expiration of the retention period, the records must be retained until all litigation, claims or audit exceptions involving the records have been resolved and final action taken. Other Expenditures Prohibited by the CARES Act 42. Shall not seek reimbursement under the Local CURE Program for expenditures prohibited by section 5001(b)of the CARES Act, including, but not limited to: a. advocacy for the legalization of any drug or other substance included in Schedule I of the schedules of controlled substances established under Section 202 of the Controlled Substances Act; b. dissemination of deliberately false or misleading scientific information; c. lobbying; or d. expenses for an elective abortion or on research in which a human embryo is destroyed, discarded, or knowingly subjected to risk of injury or death. The prohibition on payment for abortions does not apply to an abortion if the pregnancy is the result of an act of rape-or incest; or in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition 6 caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. Please Answer the Following Questions: I. Does the Local Government intend to use the full allotment of funds set forth in the first paragraph, above? IXYes ❑ No a. if yes, the Local Government agrees that it shall notify the Department as soon as practicable if the Local Government determines that it will not use its full allotment. b. If no, approximately, how much of the allotment does the Local Government plan to use? $ 2. Does the Local Government have or estimate it will have additional Local CURE Program eligible expenses greater than the allotment set forth in the first paragraph, above? [--]Yes N No a. If yes, please provide an estimate of the additional funds needed and the types of expenses generally. 3. Does the Local Government plan to use any of the funds received through the Local CURE program from the Department as a required match component for another State or federal program? MYes ❑No a. If yes, please describe the program(s). FEMA Public Assistance Program CERTIFICATION The individual below, acting in the capacity to represent the Local Government in completion of this certification, certifies that all information contained herein, is true to the best of his/her knowledge and belief. I declare under penalty of perjury that the above statements are true and correct. Authorized Representative ------John Purcell. Mavor Signature Name & Title Dafe jpurc� ville.flms E-mail _ 36-6006169 112382973 Local Government FEIN Local Government DUNS Number 7 Primary Local Government Contact for Local CURE Program Name: Carri Parker Title: Purchasing Manager Address: 800 Game Farm Road, Yorkville, IL 60560 Phone: 630-746-0871 E-mail: cparker@yorkville.il.us 8