HomeMy WebLinkAbout#4201 Local Cure Program ORDINANCE #4201
AN ORDINANCE PERTAINING TO THE LOCAL CURE PROGRAM
ADOPTED BY THE CITY COUNCIL OF THE CITY OF CANTON ILLINOIS:
SEPTEMBER 15, 2020
PUBLISHED BY THE CITY CLERK PURSUANT TO THE AUTHORITY OF THE CITY
COUNCIL OF THE CITY OF CANTON:
SEPTEMBER 15, 2020
STATE OF ILLINOIS )
) SS.
COUNTY OF FULTON )
CERTIFICATE
I, Diana Pavley-Rock, certify that I am the duly elected City Clerk of
the CITY OF CANTON, FULTON COUNTY, ILLINOIS.
I further certify that on September 15, 2020 , the City Council of such
municipality passed and approved Ordinance#4201 entitled:
AN ORDINANCE PERTAINING TO THE LOCAL CURE PROGRAM
The ordinance attached is a true and correct copy of the ordinance adopted by Canton
City Council.
DATED AT CANTON, ILLINOIS, THIS 15 Y OF ER 2020
Diana Pavley-Rock, CWC' , City Clerk
Seal City of Canton, Illinois
f
ORDINANCE NO. 4201
AN ORDINANCE PERTAINING TO THE LOCAL CURIE PROGRAM
WHEREAS, the City of Canton, Fulton County, Illinois, (tlie "City") is an Illinois
municipality, eligible for reimbursement of funds through the Local Coronavirus Urgent
Remediation Emergency Support Program(Local CURE Program), 20 LLCS 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 Corona-zirus 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 detern.:'ned that it is advisable,
necessary and in the best interest of the City to enter into the attached Local CURE Program
Financial Support Conditions and Certification in order to participate irL and receive the funding
pursuant to the Local CURE Program.
NOW, THEREFORE,BE IT ORDAINED BY THE CITY C,� JNCIL OF
CANTON,ILLINOIS AS FOLLOWS:
ARTICLE 1: The foregoing recitals shall be and are hereby incorporated as findings of
fact as if said recitals were fully set forth herein.
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ARTICLE 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.
ARTICLE 3: The Mayor is hereby authorized to execute and deliver and the City Clerk is
hereby authorized to attest to said execution of said certification in subsitantially the form of the
exhibit appended hereto as so authorized and approved for and on behalf of the City.
ARTICLE 4: SEVERABILITY. If any provision of this Ordinar..ze or application thereof
to any person or circumstances is ruled unconstitutional or otherwisr,. slid, such invalidity shall
not affect other provisions or applications of this Ordinance that can b.- given effect without the
invalid application or provision,and each invalid provision or invalid application of this Ordinance
is severable.
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ARTICLE 5: REPEAL OF CONFLICTING PROVISIONS. All ordinances and
resolutions, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of
the conflict, expressly repealed on the effective date oi' -1,1 lice.
ARTICLE 6: EFFECTIVE DATE. This Ordinance i ill be in full force and effect
immediately upon its passage.
PASSED the 15th day of September, 2020.
AYES: Aldermen Justin Nelson, Angela Lingenfelter, `f Fritz, Angela Hale,
Craig West, John Lovell, Quin Mayhew, Andre .' amberlin
NAYS: None
Absent: None
APPROVED this 15th day of September, 2020.
K nt A. McDowell, Mayor
ATTEST:
Diana Pavley-Rock, City Clerk
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Certification No. 20-404148
LOCAL CORONAVIRUS URGENTREMEDIATION EMI RG i NCY SUPPORT PROGi'2AM
("Local CURB Program")
FINANCIAL SUPPORT C:ONUI']"ION'S ANI7 C:I31�I I l°]C.A`l:'ICaN
City of Canton (".Local Government"), with its principal office at 2 N IV)fain fit, Canton; 11,
61520, is eligible to receive an amount not to exceed 8606,585 ("allotment") as financial support
pursuant to the local CURC:.P.rogranl.
The Local CURD Program is funded front financial assistance the State of.l llhiois received through
the U.S. Department of the Treasm 's Corunavirus Rolief*Fund (Cl'l)A Nci. 21,0.19) authorized
under section 601(a) of the Social Security Act, as added by section 5001 of'the Coronavirus Aid,
Relief'and F.00nornic Security Act,P.L. 116-136 ("CARES Act
As a Local Clavcrmtltrntrecipient of financial support through the Local C1JP..E program, the Local
Govertvnent is required to utilize the financial support from the II hnois Department of
Commerce and Economic Opportunity (the "f)eparl.inent") firr IfiQ specific purposes as set forth
below, 'fo participate in the Local CURE Program, the local Governmenil must remain in
compliance with the terms and certifications staled herein,Please.rcview the items below carefully,
as the Local Government and its representative shall warrant that all material facvs prescntcd are
;5ce.ur ile, If' the Local Government is unable to provide this assurance, it i- 'ineligible to receive
financial support under the Local CU'R'T:;Program.
The Department may enter into an agreement with one or more third parties to assist iri the
adi15111('tration of the 1,ocal CURT Progran5.The Local Governivient shall adht;re to all it5structicins
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 1:1ais certification will
he modified by the Department, in accordance with the Illinois Minh.' vc Procedure Act, if
the CARES A et or the U,S, Department of the Treasury guidance is.meta,., o authorize different
categories of eligible:risers or eligible expenses.
The Local Government should return this signed Financial Support Conditi,.ns and Certification
by Octobee 1,2020.
FINANCIAL SUPPO:I T CONDI` IONS
As the authorized representative of the Local Government, I agree and ct-rtify that the Local
Government:
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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 tirric local Government submits its first rQqucst for reimbursement,all active
registration on the federal System for Award Management ("SAM") and will maintain an
active SAM registration throughout the duration of the Local Gov'ernment's participation in
the Local CURE Program.
3. Is a "unit of local government" as defined by the Illinois Constitution, .F1 rticle V11, Section I
and has the legal authority to apply For and receive financial support under the Local CURE
Progra.ln.
4. Is not located coinllletely within one or Inore o1 the llve lllillok COUntics that rec;-1%,ed direct
allotments from the CARES Act fund (Cook,DuPage, Kane, l,akc, or W i.11).
Local C'U1:t.1 .N_rourair R--(;gLiLigments
5. Has incurred or will incur eligible costs,as defined by 14111, Adrnin, Code Part 700,for which
it will seek reilrlbursementfvom the Deparirllellt under the Local CURL l rcigraln. Specifically,
the costs incurred by the Local Government:
a. are necessary expenditures incurred due to the public health erneirgency with respect
to COVID-19;
b. tire not accounted for in the budget most recently approved as of March 27, 2020(the
date ofenactment of the C ARtl::S Act) for the unit of local goverrlrnent; 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 vvi!! only be
permitted to seek reimbursement from the Dcpaltnlent far costs ma.t have already been
exj)Qndcd ICrr w[viCCs performed or goods received. No advance payn1el'lts will be P01-11111ted.
7. Shal l seek rcinlburseanent frorn one or more of the following) five calego-ries of eligible
incurred expenses:
a, Medical expenses, including but not limited to: expenses of establishing temporary
public Iliedical facilities aad other t11ei n'W'CS to illcreaaa C OVID-19 treatment
capacity, costs ofproviding COVID-19 testing,and crrlergency rlledical 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 COVIN-19;
Payroll experlses for public safety,Yubllc h':.'aldl. health Car"', hu.nian services, -:rid
similar employees whose serv.lces were substantially dedicated to mitigating or
responding to Co V I[)-19,
d. Expenses for actions taken to facilitate compliance with COV IU•-.19 related public
health measures; and
e. Anv other COVID-19 related expenses reasonably necessary to rile function of
government, or for other uses approved by the Department,that'satisfy the Local
CURE:Proglarn eligibility criteria. The Local (i)OVer11111C11t MLISt dOCLInle it how
expenses are related to COViD-19.
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8. Understands that to be eligible for reimbursement, the l.,ocal Governinient must have had
services perfm•n)Cd or received goods tc) rospond directly to the Public ile;lilth eiiler8ency Willi
respect to COVLD-19 by December 30, 2020.
9. Understands that it is l..ocal Government's responsibility to commtunic.ate with and report to
the Department Local Government's needs regarding tho ,allotment o I regular basis, as
directed by the Department. This includes the requlremenT 111M Local t_,overnment report as
soon as practicable if it belicvcs that a portion of the allotment will not bl, utilized by the Local
Government.OR if Local Government is in need of'additional funds in e\'CcSs ofthe allotment,
For costs which will be incurred by December 30, 2020 and whieb will comply with all the
Local CURE Program requirements.
10. Understands that on or around November 1,2020, the epartlneiit Will se dl a noiiee to Local
hover-imlent indicating that it must report in detail: (a)hoW Local intefids to spend
the remainder of the initial allotment, and (b) any anticipated eligii_.!e expenses through
.December 30, 2020 in excess of the local government's initial allotolerll. 11;by December 1,
2020, local Government does not submit a report to the Dcpartinent, or the detailed report
sUi7iiiitieu l)i i.itCal UoiVerimient reveals that sCiiiie 01' all of tiic alk- iilcilii Vviii i1Gt be utilized
by the Local Government, the Department will redirect, in accordance with 141 111, A;liiiiil.
Code Part 700, the projected tuispont balance to other local governments t;iglbie for the local
CUIth.Program, which have reported a need fbr funds.
11. Uricict-stands that al l requests for reimbursement for any Local sProgram allotment
:''e;'elve:f by L.c)ca.l CJeverrin�nt before 1 ehr!!i ry L 7(Y?1 !llticl i,.� -e6 ;f by fh,- D,--p.u*!!n,,nI
or its third party administrator by ,laniary 31,2021
12. Understands that.il'Local Government's allotment has a remaining balance of funds for which
Local GOVernnienl has nor sought reimbursenient by January ;1,2021, ori Februar-
y 1, 2021,
the remaining balance will be redirected to one or more local govertlti lents eligible: rot' the
Local CURL Proeram, which have a need for funds.
I I Understands that if the Local Government receives an allotment on or attc r February 1,202.1,
the Local GuVeI71ri1Cnt Iriusl subinit all regLIUStS for reilnbursiailelit ft)i' ti)is alioinjent to the
Departtnicilt or its third patty administrator by February 28,2021.
lit. Understands that for any allotment received by Local Government or- or after December 1.
2020, to be eligible for reimbursement, the Locat Governnlcnt muse. have .had services
performed or received goods to respond directly to the public health em,crgency with respect
to C.�O V.ID-19 by December 30,2020,
15. Understands that the Local Government will submit to the Dcpart.nic nt or its third party
administrator requests for reimbursement on forms provided by the Del,.iartment or its third
part)- administrator, including- illi required supporting; documentation and in the manlier
requeswd by the Department or third party administrator,that the third party aciiliinisirator!!°til
review the inforinalion received fnreligihility,and ifapproved, thepayro.ent(s)will he released
by the Department to the Local Government.
16. Understands that funds received through the Local CURE IProgt.am may not be used to till
shortfalls in the Local Government's revenue to cover expendibLu-es that would not otherwise
Ciiiallij' ulid%r tliC pi'Ogralii i.liilGSJ tile:Dupa:wtc.tlt at1t110riZcS 5ti(3il s:ipciiditiires, til u0i:0iGaiii:e
with the Illinois Administrative Procedure Act, after a modi fication to the CARES Act or
subsequent guidance issued by the U.S. Department of the Trr--asury,
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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 thro ught another State or
federal funding opportunity.
18. Understands that any funding provided through the Local CUR.r;Program is authorized under
section 601(a) of the Social Security Act, as ad-dod by section,5001 of the CARES Act. The
Local Government shall follow all requirements orthe CARS Act, including,but not limited
t, all related guidance, including subsequent guidance, issued by the L!.Si Dela:rtment of the
Treasury.
19. Shal I use the funds received frorn the Department in accordance with the requirements of the
Local CURE Program, including the statute (20 TLCS 605:605-1045), .rules"14 111. Admin.
Code mart 700), including any anlendnients thereto, and all written guidance and nianuais
issued by the Department and/or its third party administrator. The Depariment. as the
administrator of the Local CURE Program, has the authority to take an. action necessary to
bring Local Government.into compliance with the program requireancnts.
20. Understands that the Department reserves the right to seek a refs cid from the local
IiO efiilile[ii i:f t'he Department, another State agency lir the fedetal government finds that the
Local Government: (a)made a false or fraudulent statement to the I epailment or its third party
administrator; (b) made a false or fraudulent claim for funds; or (c) spe.tlt the Local CURE:
Program funds on ineligible expenses or for duplicate costs that were reimbursed through
another federal or State program.
Local CURE Prottrant Administrative Reguircineiits
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 thc; Dopartmt nt or tlic third
party administrator including, hilt not limited to, information detnonstriili.nb funds,recei�%ed
under the Local CIJRL-' Program. % ere deposited in an account held by th � Local (_:overntnent.
23. When .requesting a reimbursement,shall submit a report certifying the casts, as required by 2
CFR 200.415, and provide all documentation and information required b;: 14111. Admin. (::ode
Part 700, and any other information requested by the Deparunenc or `its third party
administrator.
24. Shall include Local CURE fundinu in the applicable financial siatemerit anchor audit of the
.Local Government, including a Single Audit pursuant to the Single �-,udit Act (31 U.S.C.
§7501-7507).
25. Shall not seek re.in..ibuiseme.rnt for costs paid to all entity on the federal or State debarred and
suspended list.
26. Shall conip.ly with the following provisions of the Uniform Administrative Requirements,
Cost Principles, and Audit:Requirements for.Federal Awards (2 CFR Pai.-t 200): 2 CFR
200.303 regarding.internal controls; 2 CFR 200.330 through 200.332 regarding subrecipient
monitoring and management; subpart E retarding cost eligibility requirements; and subpart F
reaarding audit requiremenis.
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General Administrative RecLir�:nlenfs
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 Miliquont in the payinen:t of.anv debt to the
State,unless the Local Government,or its affiliate(s),has/have entered inlet a deterred payment
plan to pay oft' the debt, and the Local Government acknowledges tfre Department :nay
terminate and/or seek a refund of the Local Government's l.,ocal CURE Program allotment if
this certification is false(3011,CS 500/50-10.
29. Shall continue to comply, as applicable, with the provisions of the t. act Work Hours and
Safety Standards Act (40 U.S.C:327-333), the Copeland Act (40 US't_ 216c and 18 U.S.C.
874);the Davis-Bacon Act(40 U.S.C.276a-276-I), the Drug-f,'ree Work( !ace Act of 1988(44
CFIt, Part 17, Subpart h'), the Fair Labor Standards Act (29 U.S.C. 2611), and the Illinois
Prevailing Wage Act(820 ILLS 130/1).
30. Shall comply with all relevant laws and regulations concerning non-discr:'mination.
31. Shall pay no appropriated fliltds to any person for influenciiig or a'iicnip,l-ing to it flui:ilc'c an
officer or employee of federal, State or local governnient, or ail elliployee,of a nlemtier of any
federal, State of local government in connection with the awarding o1'a,:ty State and federal
contract, the making of tiny State and federal grant, the nlaldrig of any Mate and federal loan;
the entering; into any cooperative agreement, and the extension, caritinuation, rencaval,
aniendinent. or modtf:eation of' arty State and lbderal contract, eran?- ]oan or Cooperativ
as.*.rePrnent.
32. `;hall prohibit employees, contractors, and subcontractors frons using trheir positions for a
purpose that constitutes or presents an appearance of personal or organ izational conflict of
interests or personal gain.
33. l fas no action, lawsuit or proceeding pending or. to the knowledge of thc:Local Government.
threatened which questions the legality or propriety of the transactions ::ontemplated by the
receipt cif funds tfrroubh the:Local CURE Program ur which will have,r.,inateiial adverse effoc i
on the performance required by the Local Government,
34.Has not received any notice of any investigation conducted or claarges,complaints or actions
brought by the State of Illinois or-any goveriiniental 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 CURT'Program funds received.
35. Has not received any notie;t that any of its principals or key p ersonnel that will be involved in
the use of the local CURE Proygrati funds are the subject raf any criminal investigations or•
char-cs.
36. Ulidfrstands that neither the Deparunent nor tile l.,ocal (io,vernment shall x liable foi actions
chargeable to Clio other party tolated U.) the DepartmenCprovitiion of,bunds to the; Local
Government including,but riot 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.
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Understands Chat i-c;c-hiiai,funds purlsu&aat to:l-oz Loca. ..U. 1 ro- will :s.colit;r1gerit Upon all,
subJect to the availability of sufficient funds. The Dep,. 'i, ,nt may teru.dnatc or suspend the
Local Government's allotment, in whole or in part, witix ` p, .alty or f irther payment being;
reClUired,.if(i) sufficient funds have not been appropriated c herwise made available to the
Department by the State or the federal funding source, (ii) : (governor or the Department
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reserves funds, or(iii) the Governor or the Department determines that f:,rids will not or inay
not be available for paytricnl. The Departineia shall provide notice, in riting, 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 termin-ion pursuant to this
paragraph will be effective upon the date of the written notice unless other wise.indicated.
Accessibilitv of.Records and Retention
38. Shall make books, records, related papers, supporting documentation, fiinancial records and
personnel relevant to the Local CURL Program available to authorized Departnient
representatives, the. Illinois Auditor General, Illinois Attorney Cimciral, any Nxcclitivc
inspector General, federal authorities, and any other person as may bC. authorized by the
Department (including auditors;, by the State of Illinois or by todicra I 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 docuirientation shall
establish a presumption in favor of: the State for the recovery of any funds paid by the State
tinder the .Local CURE '.Program for which, adequate books, records, financial records and
sunpurling docuinentaiion are not available to support disbursement.
39. Understands that the Department or its third party administrator will conduct mon itorinre of the
Local CURE,Program to ensure funds were spent in accordance with the l ocal CURL- Progrann
statute and the administrative rules.
4O, iliail pi•G'viue to atty ageiit:atit'lioi•i"Led by the Depar-u-nent,Uf70in pi'eictiiitiTl„�ti��fCi'�uCiiiial�;foil
access to, and the light to examine, any document, papers and records either in hard copy or
electronic format. of the Local Government involving transactions related to the Local CURL,
Program.
41. Shall maintain for five (5) years from the date of submission or the final request for
rerniburseii.ent, adt Equate books, all financiall records and supporting docurrie .tc sLalicfi-al
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 liniitcd to:
it. advocacy for the legalization of any drug or other Substance inclluded 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;
e. lobbying; or
d, expenses for an electiveabortion or on research in which a human embryo is destroyed,
discarded, or knowingly subjected to risk of injury or death. The. prohibition on
payment fir abortions does not apply to an abortion il'liie nrcunimuv is the rusuil oi'nn
act of rape or incest; or in the ease where a woman suffers from a physical disorder,
physical injury, or physical illness; including a life-cudangering physical condition
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caused by or arising from the pregnancy itself, that would, as ceri.ified-by a physician,
place the woman in danger of death unless an abortion is peT116rin ieci.
Please Answer the Following Questions:
1. Does the local Government intend to use the full allotment of funds, set forth in the first
paragraph,above'? L%Yes U No
a. If yes, the Local Government agrees that it shall notify the Dc'-inment as soon as
practicable if the Local Government determines that it-will not i,. e its full allotment.
b. If no,,approximately;how much of the allotment does the Local Government plan
t0 Use? S
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 R No
a. ff yes, please provide an esdinate of the additional funds ne ded and the types of
expenses generally.
3. Does the Local Government plan to use any of the hinds received thrOL1 E?h the LOeal CURb..
program from.the Department as a required match component for another State or federal
program? ❑Yes P§ No
a. .If yes, please describe.th_e program_(s). ---- --- -_. —
CERTIFICATION
The individual below,actino in the capacity to represent the Local Governm�nt in completion of
this certification,certifies that all information contained herein,is true to thy best of his/her
knowledge and belief.
Y declare under penalty ol'perju.ry that the above statements are true and corre:et.
Authorized Representative
Kent NIcDoNrelt, Mayor_
iusmalurc :Name 8c Title
a�—
D�t�
kmcdow•e11, cAntonci1yhall.ore _
E-mail
37-6000876 031963879
Local Government FEIN Local Government DUNS Number
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Primary Local Government Contact.for Local CURE Yrogram
Name: C S� }l GtJ i!�i ns en_
Z j.._
Title:
Address:. a 7l._Y?' � .__ ,Nt�►i�Q2lpls2o
1✓-mail: �i(.t)J 1,.1Cy,,o» �nlon� �lf•�
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