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HomeMy WebLinkAboutOrdinance#4257 ORDINANCE #4257 AN ORDINANCE PERTAINING TO THE CORONAVIRUS LOCAL FISCAL RECOVERY FUND FOR THE CITY OF CANTON, ILLINOIS ADOPTED BY THE CITY COUNCIL OF THE CITY OF CANTON ILLINOIS: SEPTEMBER 7, 2021 PUBLISHED BY THE CITY CLERK PURSUANT TO THE AUTHORITY OF THE CITY COUNCIL OF THE CITY OF CANTON: SEPTEMBER 7, 2021 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 7, 2021 , the City Council of such municipality passed and approved Ordinance #4257 entitled: AN ORDINANCE PERTAINING TO THE CORONAVIRUS LOCAL FISCAL RECOVERY FUND FOR THE CITY OF CANTON, ILLINOIS The ordinance attached is a true and correct copy of the ordinance adopted by Canton City Council. DATED AT CANTON, ILLINOIS, THI _DAY !!::�EPTEMBER 2021 Diana Pavley- ock, CMC, City Clerk Seal City of Canton, Illinois ORDINANCE NO. 4257 AN ORDINANCE PERTAINING TO THE CORONAVIRUS LOCAL FISCAL RECOVERY FUND FOR THE CITY OF CANTON, ILLINOIS WHEREAS, the City of Canton, Fulton, County, Illinois, ("City") is an Illinois municipality, eligible for funds through the Coronavirus Local Fiscal Recovery Fund through the U.S. Department of the Treasury (Treasury); and WHEREAS, Treasury's Coronavirus Local Fiscal Recovery Fund is authorized by Section 9901 of the American Rescue Plan Act of 2021, P.L. 117-2 ("ARPA"); and WHEREAS, as a local government recipient of financial support through ARPA, the City is required to utilize the financial support received from Treasury for the specific purposes and in compliance with the terms and conditions required by ARPA and Treasury regulations implementing ARPA; and WHEREAS, Treasury requires the recipients of Coronavirus Local Fiscal Recovery Funds maintain conflict of interest policies consistent with 2 C.F.R. § 200.318(c); 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 Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions and provide the Assurances of Compliance with Civil Rights Requirements in order to participate in and receive the funding pursuant to ARPA. NOW, THEREFORE, be it ordained,by the City Council of the City 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. ARTICLE 2 The Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions and Assurances of Compliance with Civil Rights Requirements in substantially the form of the exhibit attached hereto is hereby incorporated herein by reference, authorized and approved. ARTICLE 3 The City adopts the following conflict of interest provisions that shall apply to all activities and expenditures funded through the Coronavirus Local Fiscal Recovery Fund Award: Pagel of 3 July 30, 2021 1. No officer, employee or agent of the City may participate in the selection, award or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the officer, employee, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. 2. The officers, employees and agents of the City may neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to subcontracts. However,the City may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value, consistent with the State Officials and Employees Ethics Act, 5 ILCS 430/1 et seq. 3. The violation of these standards of conduct may result in disciplinary action for violations of such standards by officers, employees or agents of the City, in accordance with the policies, employment contracts, contracts for services or collective bargaining agreements of the City. 4. The City shall award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. 5. The City shall disclose in writing to Treasury any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. ARTICLE 4 The Mayor is hereby authorized to execute and deliver and the Clerk is hereby authorized to attest to said execution of said Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions and Assurances of Compliance with Civil Rights Requirements in substantially the form of the exhibit(s)appended hereto as so authorized and approved for and on behalf of the City. The Mayor,City Treasurer,and City Clerk are hereby authorized to execute any and all documents necessary for the receipt of the Coronavirus Local Fiscal Recovery Funds, to comply with ARPA or Treasury regulations, or otherwise necessary to effectuate the intent of this Ordinance. To the extent any of the above-said documents have already been executed, they shall be treated as previously authorized and further approved on behalf of the City. ARTICLE 5 SEVERABILITY. If any provision of this Ordinance or application thereof to any person or circumstances is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Ordinance is severable. Page 2 of 3 July 30, 2021 ARTICLE 6 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 of this Ordinance. ARTICLE 7 EFFECTIVE DATE. This Ordinance shall be in full force and effect on September 7, 2021. PASSED THIS 71h day of September, 2021. AYES: Alderperson Andra Chamberlin, John Lovell, Craig West, Angela Hale, Jeff Fritz, Angela Lingenfelter, Greg Gossett NAYS: None ABSENT: Alderperson Justin Nelson APPROVED THIS 71h day of September, 2021. Kent McDowel , Mayor A TEST: Diana Pav ey- oc c, Ci Jerk Page 3 of 3 July 30, 2021