HomeMy WebLinkAboutOrdinances - 21-40 - 08/16/2021 - Coronavirus Local Fiscal Recovery FundPage 1 of 3
ORDINANCE NO. 21-40
AN ORDINANCE PERTAINING TO THE CORONAVIRUS LOCAL FISCAL
RECOVERY FUND
FOR THE CITY OF MCHENRY, ILLINOIS
WHEREAS, the City of McHenry, McHenry County, Illinois, McHenry 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 of
McHenry 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 of McHenry have determined that it is
advisable, necessary and in the best interest of the City of McHenry 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 McHenry 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
Page 2 of 3
The City of McHenry adopts the following conflict of interest provisions that shall apply to all
activities and expenditures funded through the Coronavirus Local Fiscal Recovery Fund Award:
1. No officer, employee or agent of the City of McHenry 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 of McHenry may neither solicit nor
accept gratuities, favors or anything of monetary value from contractors or parties to
subcontracts. However, the City of McHenry 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 of
McHenry, in accordance with the policies, employment contracts, contracts for
services or collective bargaining agreements of the City of McHenry.
4. The City of McHenry 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 of McHenry 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 appended hereto as so authorized and approved for and on behalf of the City
of McHenry.
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.
ARTICLE 6
Page 3 of 3
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 August 16, 2021.
Passed this 16th day of August, 2021.
Ayes Nays Absent Abstain
Alderman Devine __X__ _____ _____ _____
Alderman Glab __X__ _____ _____ _____
Alderman Harding __X__ _____ _____ _____
Alderman McClatchey __X__ _____ _____ _____
Alderwoman Miller __X__ _____ _____ _____
Alderman Santi __X__ _____ _____ _____
Alderman Strach __X__ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Trisha Ramel, City Clerk