Loading...
R-82-04 12/13/2004RESOLUTION NOW, THEREFORE, BE IT RESOLVED BY THE President and Board of Trustees of the Village of Lemont that the President and the Clerk be and are hereby directed and authorized to submit the Subrecipient Agreement, all understandings and assurances and to execute the 2004 Community Development Block Grant Program Year Agreements with the County of Cook, Illinois for Project Number 04 -031, a copy of which is on file with the Clerk. BE IT FURTHER RESOLVED BY THE President and Board of Trustees of the Village of Lemont that the President be and is hereby directed and authorized to execute any and all additional documents necessary to carry out the 2004 Community Development Block Grant Program for the Village of Lemont. Dated this 13th day of December , 2004. Village Clerk (SEAL) CERTIFICATION The undersigned and duly qualified Clerk of the Village of Lemont hereby certifies that the attached copy of the resolution authorizing execution of the 2004 Community Development Block Grant Subrecipient Agreement with the County of Cook, Illinois is a true and correct copy of said resolution as passed by the President and Board of Trustees on December 13, 2004, and which is still in full force and effect. 442.111 Village Clerk 2004 PROGRAM YEAR OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2005 SUBRECIPIENT AGREEMENT SUBRECIPIENT: LEMONT PROJECT #: 04 - 031 FOR : Capital Improvement PROJECT TITLE : Water Main Replacement: One block on Illinois Street. GRANT AMOUNT : $50,000.00 Prepared by the Cook County Department of Planning & Development COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUBRECIPIENT AGREEMENT THIS AGREEMENT, made and entered into effective as of the first day of October 2004, by and between the COUNTY OF COOK, a body politic of the State of Illinois, (hereinafter referred to as the "County "), and the Village of Lemont, either an Illinois governmental entity or an Illinois Not - For - Profit Corporation, (hereinafter referred to as the "Subrecipient "). WITNESSETH: WHEREAS, the County is a home rule unit pursuant to the 1970 Illinois Constitution, Article VII, Section 6 and has been designated as an "Urban County" by the United States Department of Housing and Urban Development ( "HUD ") under the provisions of the Housing and Community Development Act of 1974, as amended, (hereinafter referred to as the "Act "), and the County will receive an entitlement of funds during the period of October 1, 2004, through September 30, 2005, pursuant to said Act; and, WHEREAS, if the Subrecipient is a Municipality, it derives its authority from the "Illinois Municipal Code" (65 ILCS 5/1 -1 -1, et seq.), and, if the Subrecipient is a home rule Municipality, from its home rule powers as provided in the 1970 Illinois Constitution, Article VII, Section 6; or WHEREAS, if the Subrecipient is a Township, it derives its authority from the "Township Code" (60 ILCS 1/1 -1, et seq.);or WHEREAS, if the Subrecipient is a Park District, it derives its authority from the "Park District Code" (70 ILCS 1205/1 -1, et seq.) or WHEREAS, if the Subrecipient is a Housing Authority, it derives its authority from the "Housing Authorities Act" (310 ILCS 10/1, et seq.)• or WHEREAS, if the Subrecipient is an Intergovernmental Agency, it derives its authority from the 1970 Illinois Constitution, Article VII, Section 10 and the "Intergovernmental Cooperation Act" (5 ILCS 220/1, et seq.); and WHEREAS, the 1970 Illinois Constitution, Article VII, Section 10 and the "Intergovernmental Cooperation Act" (5 ILCS 220/1, et seq.) provide authority for intergovernmental cooperation; and WHEREAS, if the Subrecipient is a Not - For - Profit Corporation, it derives its authority to operate in Illinois pursuant to the "General Not For Profit Corporation Act of 1986" (805 ILCS 105/101.01 et seq.). and WHEREAS, the Subrecipient has elected to participate in the County's Community Development Block Grant ( "CDBG ") Program under the aforesaid Act and the County has the right and authority under said Act to allocate a portion of its funds to the Subrecipient; and, the County has considered the application of the Subrecipient for funds for the following purpose (including any special provisions) and has approved the Project as described in the Subrecipient's Project Summary, attached hereto as Exhibit "C" which includes a detailed description of the work, a complete budget and schedule for completing the work within the required allocated time and within its corporate or jurisdictional limits (hereinafter referred to as PROJECT NO. 04 -031). NOW THEREFORE, the parties do hereby agree as follows: 1. Recitals. The foregoing recitals are hereby incorporated by reference into and made a part of this Agreement. 2. Exhibits and Attachments. A. The Subrecipient will comply with the provisions of the following Exhibits which are attached hereto, made a part hereof and incorporated herein by reference: 1. An Equal Employment Opportunity Certificate (Exhibit "A "). 2. Assurances (Exhibit "B "). 3. Project Summary and Line Item Budget (Exhibit "C "). The execution of this Agreement by the Subrecipient is agreement that it understands that it is complying with and that it will continue to comply with the certifications and assurances contained in Exhibits A and B. B. The Subrecipient will comply with the provisions of, and, where necessary, file the forms included in, the Cook County Community Development Block Grant Program Manual of Administrative Procedures, as amended from time to time, which is incorporated herein by reference as if fully set out herein. The Subrecipient will also comply with the provisions of, and, where necessary, file forms included in the following handbooks, as amended from time to time, which are incorporated herein by reference as if fully set out herein: 1. If the project is an acquisition project, or if it contains a temporary relocation component HUD Handbook 1378 Relocation and Real Property Acquisition and Cook County Real Property Acquisition and Relocation Handbook; and 2. If the project is a residential rehabilitation project, the Cook County Manual of Administrative Procedures for Residential Rehabilitation' AND 3. If the project has a housing related component coming within the scope of 24 CFR Part 35, the County of Cook, Illinois Policies and Procedures for Lead -Based Paint in Housing Programs. The Subrecipient shall also use the forms, documents, agreements, or contracts required for use by the County whether included in said Manuals or provided separately therefrom, and as amended from time to time. For the purposes of this Agreement and for the purposes of the CDBG Program, the term "Subgrantee" as used in forms, documents, other agreements, contracts or as used in the Manuals shall mean Subrecipient. 3. Administrative Regulations and Compliance. The Subrecipient agrees, pursuant to 24 CFR Part 570, to comply with the provisions of the following: A. The uniform administrative requirements set out in 24 CFR Section 570.502; and B. All Federal rules and regulations described in Subpart K of 24 CFR Part 570; provided, however, that the Subrecipient does not assume the County's responsibilities under 24 CFR Section 570.604 and 24 CFR Part 52. 4. Agreement to Undertake the Project. The Subrecipient agrees to undertake the work and activities described herein and in its project summary (Exhibit "C "). 5. Grant Award. The County hereby agrees to make a grant in a sum not to exceed $50,000.00. The Subrecipient agrees to abide by the Act and to use said funds solely for the purpose of paying for PROJECT NO. 04 -031 in accordance with the approved Project Summary (Exhibit C). NO FUNDS MAY BE OBLIGATED PRIOR TO THE ISSUANCE BY THE COUNTY OF THE NOTICE TO PROCEED. 2 6. Equal Employment Opportunity Compliance; Minority and Women Owned Businesses. A. The Subrecipient agrees and authorizes the County and HUD to conduct on -site reviews, to examine personnel and employment records and to conduct any other procedures, practices, or investigations to assure compliance with the provisions of Exhibit "A" - Equal Employment Opportunity Certification, and, further will fully cooperate therewith. The Subrecipient agrees to post HUD Notice No. 901 in conspicuous places available to employees and applicants for employment. B. The Subrecipient agrees that, to the greatest extent practicable, procurement for construction, professional services, goods, and equipment will include minority and women -owned firms in the procurement process. The Subrecipient may use the County's Directory of Minority Business Enterprises, Women Business Enterprises and Disadvantaged Business Enterprises in its efforts to comply with this paragraph. 7. Compliance with Laws, Rules and Regulations. The Subrecipient shall at all times observe and comply with all laws, ordinances, rules or regulations of the Federal, State, County and local governments, as amended from time to time, which may in any manner affect the performance of this Agreement. The Subrecipient shall be liable to the County in the same manner that the County shall be liable to the Federal Government, and, shall further be liable to perform all acts to the County in the same manner the County performs these functions to the Federal Government. Provided, however, that the County may, from time to time, impose stricter regulations or requirements than required by Federal laws, rules and regulations, and that the Subrecipient hereby agrees to comply with said County regulations or requirements. 8. Conflict of Interest. A. The Subrecipient understands and agrees that no director, officer, agent or employee of the Subrecipient may: 1. have any interest, whether directly or indirectly, in any contract (including those for the procurement of supplies, equipment, construction or services), the performance of any work pertaining to this Agreement, the transfer of any interest in real estate or the receipt of any program benefits; 2. represent, either as agent or otherwise, any person, association, trust or corporation, with respect to any application or bid for any contract or work pertaining to the Agreement; 3. take, accept or solicit, either directly or indirectly, any money or other thing of value as a gift or bribe or means of influencing his or her vote or actions. Any contract made and procured in violation of this provision is void and no funds under this Agreement may be used to pay any cost under such a contract. The purpose of this clause is to avoid even the appearance of a conflict of interest. B. The Subrecipient understands and agrees that any person who is a director, officer, agent or employee of the Subrecipient who, either directly or indirectly, owns or has an interest in any property included in the project area shall disclose, in writing, to the Board of the Subrecipient said interest and the dates and terms and conditions of any disposition of such interest. All such disclosures shall be made public and shall be acknowledged by the Board and entered upon the minute books of the Subrecipient as well as reported to the County. If an individual holds such an interest, that individual shall not participate in any decision - making process in regard to such redevelopment plan, project or area or communicate with other members concerning any matter pertaining to said redevelopment plan, project or area. The Subrecipient agrees that all potential conflicts of interest shall be reported by the County to HUD with a request for a ruling prior to proceeding with the project. C. The Subrecipient agrees and understands that it and its officers, agents or employees must abide by all provisions of 24 CFR Section 570.611, and of 24 CFR Section 85.36 or 24 CFR Part 84, as applicable. D. The Subrecipient agrees and understands that shall it incorporate, or cause to be incorporated, the provisions contained in this paragraph in all contracts or subcontracts entered into Pursuant to this Agreement. 3 E. In the event of failure or refusal of the Subrecipient to comply, the County may terminate or suspend in whole or in part any contractual agreements with the Subrecipient pursuant to paragraph 17 of this Agreement and may take any of the actions set out therein. F. For the purpose of this paragraph, pursuant to 24 CFR Section 570.611(b), these conflict of interest provisions apply only to those persons who: 1. exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under the County program; 2. are in a position to participate in a decision making process or gain inside information with regard to such activities; 3. may obtain personal or financial interest or benefit from the activity; or 4. have an interest in any contract or agreement with respect thereto or the proceeds thereunder. G. For the purposes of this Agreement, a person will be deemed to include the individual, members of his or her immediate family, his or her partners and any organization which employs or is about to employ any one of these, and shall mean those persons set out in 24 CFR Section 570.611(c). 9. Procedures After Executing the Agreement; Notice to Proceed. After the execution of this Agreement, the County and the Subrecipient shall adhere to the following schedule: A. The County Planning and Development staff will undertake the required environmental review for the project. B. Upon completion of the environmental review, the County shall assume the responsibility for obtaining the "removal of grant conditions" pursuant to Section 104(h) of Title I of the Housing and Community Development Act of 1974, as amended. C. Upon receipt of a "Notice of Removal of Grant Conditions" from HUD, the County shall send the Subrecipient, by first class, prepaid mail, a "NOTICE TO PROCEED ". D. After issuance of the "NOTICE TO PROCEED ", the Subrecipient shall follow all procedures set out in the Cook County Community Development Block Grant Program Manual of Administrative Procedures and, where necessary, the handbooks set out in section 2.B. of this Agreement. 10. Time to Start Project; Time to Finish Project. A. The Subrecipient understands and agrees that all projects must be started within three (3) months from the date of the "Notice to Proceed" from the County. Any written requests for exceptions or extensions must be submitted and approved in writing within the three (3) months after the "NOTICE TO PROCEED" is issued. B. The Subrecipient represents to the County that the aforesaid project shall be completed within twelve (12) months from the receipt of the "Notice to Proceed" from the County. Any requests for extension beyond the twelve (12) months to complete the project must be submitted in writing sixty (60) days before the end of the twelve (12) months to complete. Upon completion or work stoppage, unused and /or unencumbered funds are to be promptly returned to the County. The grant amount awarded hereunder must be completely expended within 12 months of the date of the Notice to Proceed; however, the Subrecipient understands and agrees that it is to make efforts to actually expend all funds before the end of the Project Year for this award on September 30, 2005. 4 11. Records Maintenance. A. The Subrecipient agrees to maintain all documents and records pertaining to the project for a minimum of five (5) years after the final audit and monitoring, or, in instances where litigation, claims, negotiations, audits or other actions are involved, to maintain all records until five (5) years after all litigation, claims, audits or other actions are resolved. Where loans or grants are made with CDBG funds or an interest in the property such as a mortgage or a lien is obtained, evidence of such interest must be retained until released. B. The Subrecipient will give HUD, the Comptroller General and the County, or any authorized representative of each of them, access to and the right to examine all records, books, papers, or documents related to this Agreement. 12. Return of Funds and Accounts Receivables; Expiration of Project. The Subrecipient agrees that, upon the expiration of this Agreement, it shall transfer to the County all CDBG funds on hand and all accounts receivable attributable to the use of CDBG funds which funds and accounts receivable are traceable to this Agreement. 13. Prohibition on Assignment or Transfer of Agreement or Funds. The Subrecipient shall not assign or delegate this Agreement or any part thereof and the Subrecipient shall not transfer or assign any funds or claims due or to become due without the prior written approval of the County. Any transfer, assignment or delegation of any part of this Agreement or any funds from this Agreement shall be a violation of this Agreement and shall be of no effect. Violation of this provision may result in cancellation or suspension of funds, or termination or suspension of this Agreement in whole or in part at the discretion of the County pursuant to paragraph 17 of this Agreement including any of the actions set out therein. 14. Blank Forms and Documents. The Subrecipient shall, upon request of the County, submit any and all forms or blank forms, documents, agreements and contracts to the County for review for compliance with program requirements. Such review shall not be deemed to be approval of individual agreements or contracts entered into by the Subrecipient nor of items in said forms, documents, agreements, and contracts not related to program requirements. 15. Obligation for Costs and Future Projects. A. Neither the County nor any of its officers, agents, employees, or servants shall be obligated or bear liability for payment of amounts expended by the Subrecipient in excess of the grant funds awarded under this Agreement. Neither the County nor any of its officers, agents, employees, or servants shall be obligated or bear liability for the performance of any obligations undertaken or costs incurred by the Subrecipient, participants in a program funded under this Agreement or contractor hired pursuant to a program funded under this Agreement. The allocation of funds under this Agreement shall in no way obligate the County to operate or construct any project provided for under the provisions of this Agreement. No County funds other than the amount of CDBG funds specified herein and received from HUD by the County shall be disbursed to the Subrecipient pursuant to this Agreement. B. This Agreement neither obligates nor precludes the County from further accepting or distributing funds nor restricts nor limits the powers of the County to use such funds pursuant to the provisions of the Act. C. This Agreement neither obligates nor precludes the Subrecipient from further accepting funds or assistance pursuant to the Act. D. The Subrecipient agrees that all cost overruns are the responsibility of the Subrecipient. The Subrecipient further agrees that it shall be solely liable for the repayment of unused funds, program income funds, or disallowed, unauthorized or ineligible expenses. Any actions taken by the County pursuant to paragraph 17 of this Agreement shall not affect the liability of the Subrecipient for the repayment of the funds. 5 16. Indemnification. A. The Subrecipient shall indemnify the County, and its officers, agents, employees, or servants, against and hold them harmless from all liabilities, claims, damages, losses, and expenses, including but not limited to legal defense costs, attorney's fees, settlements, judgments, prejudgment interest, or post judgment interest whether by direct suit or from third parties arising out of any acts, commissions, or omissions of the Subrecipient and its officers, agents, employees or servants, of a recipient or potential recipient of any moneys or benefits from the Subrecipient, of a participant in a program operated pursuant to this Agreement, of a contractor hired pursuant to a program operated under this Agreement, or any officers, agents, employees, or servants of any of these, in a claim or suit brought by any person or third party in connection with this Agreement or from any claim or suit by any person or third party against the County or any of its agents, officers, employees, or servants. B. In the event a claim or suit is brought against the County, or its officers, agents, employees, or servants for which the Subrecipient is responsible pursuant to subparagraph A. of this paragraph, the Subrecipient will defend, at its own cost and expense, any suit or claim and will pay any resulting claims, judgments, damages, losses, expenses, prejudgment interest, post judgment interest, or settlements against the County, or its officers, agents, employees or servants. C. The indemnification obligation under this paragraph shall not be limited in any way to the limitations on the amount or type of damages, compensation or benefits payable by or for the Subrecipient under any law or by the amount of or limitations on insurance coverage, if any, held by the Subrecipient. 17. Suspension or Termination of Agreement. A. The Subrecipient agrees that, pursuant to 24 CFR Sections 85.43 and 570.503(b)(7), if the County determines that the Subrecipient: 1. has not complied with or is not complying with; 2. has failed to perform or is failing to perform; or 3. is in default under any of the provisions of the Agreement whether due to failure or inability to perform or any other cause whatsoever; the County, after notification to the Subrecipient by written notice of said non - compliance or default and failure by the Subrecipient to correct said violations within ten (10) business days, may: a. suspend or terminate this Agreement in whole or in part by written notice, and /or: b. demand refund of any funds disbursed to Subrecipient; c. deduct any refunds or repayments from any funds obligated to, but not expended by the Subrecipient whether from this or any other project; d. temporarily withhold cash payments pending correction of deficiencies by the Subrecipient or more severe enforcement action by the County; e. disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; f. withhold further awards for the program; g. take other remedies legally available; or h. take appropriate legal action. 6 B. The County may send written notice suspending , effective immediately, the performance of the work under this Agreement, if it determines in its sole discretion, that it is necessary for the efficiency of the Program or to safeguard the Program. The Subrecipient may be given up to ten (10) business days to come into compliance; provided, however, the County may also take any of the actions listed subparagraph A. hereof. C. The County may send written notice to the Subrecipient suspending or terminating the Agreement in whole or in part effective immediately if it determines, in its sole discretion, that the Subrecipient has, including but not limited to: 1. used or is using fraudulent, coercive or dishonest practices; 2. demonstrated or is demonstrating incompetence, untrustworthiness, or financial irresponsibility; or 3. endangered or is endangering the life, safety, health or welfare of one or more persons in the conduct or performance of the work set out in Exhibit C hereto. The County may also take any of the actions listed in subparagraph A. of this paragraph; provided, however, that said actions may be taken effective immediately rather than upon ten (10) days written notice. D. The Subrecipient agrees that, pursuant to 24 CFR Sections 85.44 and 570.503(b)(7), this Agreement may be terminated for convenience, in whole or in part, as follows: 1. by the County, with consent of the Subrecipient, in which case the Subrecipient shall agree upon the termination conditions, including the effective date, and, in the case of partial termination, the portion to be terminated; or 2. by the Subrecipient, upon written notification to the County, setting forth the reasons for such termination the effective date, and in the case of partial termination, the portion to be terminated; provided, however, that if the County determines that the remaining portion of the grant will not accomplish the purpose for which the grant was given the County may terminate the entire grant under either 24 CFR Section 85.43 or 85.44(a). E. The written notice given under any of the subparagraphs of this paragraph may be delivered by regular mail, certified mail return receipt requested, facsimile or personal service. 18. Notice. Notice and communications under this Agreement shall be sent first class, prepaid mail to the respective parties as follows: TO THE COUNTY: TO THE SUBRECIPIENT: 19. SIGNAGE Ms. Gwendolyn D. Clemons, Director Cook County Department of Planning and Development 69 W. Washington, 29th Floor Chicago, IL 60602 The Honorable John Piazza, President Village of Lemont 418 Main Street Lemont IL, 60439 -3788 That the Subrecipient hereby agrees to permit appropriate signage, prepared and erected by the County, of the County's participation in the project. 7 20. Effective Date; Close Out of Grant. This Agreement shall be effective as of the first day of October, 2004, and shall continue in effect for all periods in which the Subrecipient has control over CDBG funds including Program Income, and until this project is closed out in accord with grant closeout procedures established by the County. For the purpose of this Agreement and applicable Federal rules and regulations, this Agreement shall be deemed expired when the County gives written notice that the grant is closed. [THE REMAINDER OF THIS PAGE PURPOSEFULLY LEFT BLANK.] 8 COUNTY OF COOK: BY: CHIEF ADMINISTRATIVE OFFICER County of Cook Attest: County Seal: Cook County Clerk Approved as to Form: Assistant State's Attorney SUBRECIPIENT: BY: TITLE: Subrecipient Official ATTEST: Subrecipient Seal: Subrecipient Clerk/Secretary Approved as to Form: Subrecipient Attorney ATTACH: Exhibits Resolution