R-01-11 Res Subrecipient Agmt. CDBG ProgramRESOLUTION
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 2010 Community
Development Block Grant Program Year Agreements with the County of Cook, Illinois for Project
No. 10 -025, 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 2010 Community Development Block Grant Program for the Village of
Lemont.
Dated this 10th day of January, 2011.
By:
ATTEST:
oard President (Signature) Secretary /Clerk
Title: Brian K. Reaves, Village President Title: Charlene
(SEAL)
(Signature
M. Smollen, Clerk
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 2010 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 January 10, 2011
and which is still in full force and effect.
By:
r
Charlene Smollen, Village Clerk
(SEAL)
Prepared by the Cook County Department of Planning & Development
2010 PROGRAM YEAR
OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2011
SUBRECIPIENT
AGREEMENT
SUBRECIPIENT: LEMONT
PRO3ECT #: 10-025
FOR : CAPITAL IMPROVEMENTS-INFRASTRUCTURE
PRO3ECT TITLE : Stephen Street Water Main Replacement
GRANT AMOUNT : $80,000.00
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUBRECIPIENT AGREEMENT
THIS AGREEMENT, made and entered into the 2010 Program Year that begins the first day of October 2010
as of the first day of October 2010, by the Village of Lemont and between the COUNTY OF COOK, a body politic
of the State of Illinois, (hereinafter referred to as the "County "), and the 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 Hauling 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, 2010
through September 30, 2011, 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" (60ILCS 1/1 -1,
et seq.);or
WHEREAS, if the Subrecipient is a Park District, it derives its authority from the "Park District Code" (70 1LCS
1205/1 -1, et sea.) 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 ssti.); 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 Aft to allocpte.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 scheduled for completing the work within the required allocated time and within its corporate
or jurisdictional limits (hereinafter referred to as 10 -025).
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 ").
4. Administrative Requirements (Exhibit "D ")
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, B. and D. -
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 ofAdministrative Procedures, at amefided frorn . 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;
3. If the protect 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" at used in forms;
documents, other agreements, contracts or as used in the Manuals shall mean Subrecipient.
All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit tow- and
moderate- income persons; aid in the prevention or elimination or elimination of slums or blight; for heat community
development needs having a particular urgency, as defined in 24 CFR 570.208. The Subre.olpient Certifies that the
activities carried out under this Agreement will meet one of the aforementioned national objectives.
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
8. 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.
C. Administrative Requirements pursuant to Exhibit D.
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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 Eighty Thousand Dollars and No Cent.
The Subrecipient agrees to abide by the Act and to use said funds solely for the purpose of paying for 10 -025 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.
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.wili 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; Performance Measurement Goals: and National
Objective
A. 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'rnanner 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.
B. The Subrecipient understands and agrees that their activities and programs under the CDBG program
are designed to address the needs of low-income areas and that their performance and progress will be measured
to that end. The annual performance reports will be due to the County no later than the close of business September
1, 2011. The subrecipients may draw reimbursement only up to 75% of the approved amount until the performance
reports are submitted. The Su breciplent will forfeit the remaining 25% of the approved amount in the eventthat
the performance reports are not,submitted by September 1, 2011. The subrecipient understands and agrees that
the failure to submit timely performance reports will place future CDBG funding request in jeopardy. The County
reserves the right to deny request for future funding, in part or in whole, on the failure to comply with the
stated rules and regulations.
National Objectives.
C. Subrecipient agrees that all projects and their individual activities funded in whole or in part with
CDBG funds must meet one of three national objectives;
1. Benefit low and moderate income people in the following categories;
a. Area benefit activities
b. Limited clientele activities
c. Housing activities
d. Job creation
2. Aid in the prevention or elimination of slum and blight; and
3. Meet an urgent need.
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Subrecipient agrees that it will provide documentation to show the number of persons /households assisted, their
characteristics, gender of single head of household, and the number of low- and moderate- income beneficiaries that
were assisted. Written quantitative evidence that Income qualifications were met is required to support the eligibility
of this project, as applicable.
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 plap;
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.
F. 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.
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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 570.6110.
H. Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer /employee between the parties. The subrecipient shall at all
times remain an "independent contractor" with respect tot he services to be performed under this Agreement: The
County shall. be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical
insurance and Workers Compensation Insurance, as the Subrecipient is an independent contractor.
9. Procedures After Executing the Agreement; Notice to Proceed.
project.
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
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. J.obbyinq:
The Subrecipient hereby certifies that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress In employee of.Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement;
B. If any funds other that Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of'Congress, an' offiber or
employee of Congress, or an employee of a Member of Congress in connection with-this Federal contract, grant, loan,
or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying" in
accordance with Its instructions; and
C. It will require that the language of paragraph (d) of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all Subrecipients shall certify and disclose accordingly:
D. Lobbying Cgrtiflcation
This certification is a material representation of fact upon which reliance was placed when this transaction
was
made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
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Hatch Act: Davis Bacon
A. The Subrecipient agrees that no funds provided, nor personnel employed under the Agreement, shall
be in any way or to any extent engaged in the conduct of political activities In violation of Chapter 15 of Title V of the
U.S.C.
B. The Subrecipient agrees to comply with the requirements of the Davis -Bacon Act (40 U.S.C. 327 ct seq).
11. Copyright
If this contract results in any copyrightable material or inventions, the County and /or grantor agency reserves
the right to royalty-free, non - exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize
others to use, the work or materials for governmental purposes.
12. Jtenaious Activities
The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious
activities prohibite by 24 CFR 570.2000), such as workshop, religious instruction or proselytization.
13. Environmental Conditions
A. Air and Water
The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance
of this Agreement:
- Clean Air, 42 U.S.C., 7401, et seq;
- Federal Water Pollution Control Act, as amended, 31 U.S.C., 1251, et seq, as amended, 1318 relating
to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said
Section 114 and Section 308, and all regulations and guidelines issued thereunder:
- Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.
B. Flood Di aster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001),
the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management
Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including
rehabilitation).
C. Lead -Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject.to HUD Lead- Based Paint Regulations at24 CFR 670 B06,
and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG - assisted housing and require that all owners,
prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may
include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the eymptorhai
treatment and precautions that should be taken when dealing with lead - based paint poisoning and the advisability and
availability of blood lead level screening for children under seven. The notice should: also point out that if.tead -based
paint is found on the property, abatement measures may be undertaken. The regulations further require that,
depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and /Or
abatement may be conducted.
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D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part
800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply
to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation
Officer for ail rehabilitation and demolition of historic properties that are fifty years old or older or that are included on
a Federal, state, or local historic property list.
E. Debris and Hazardous Substances
The Subrecipient shall not allow any contractor, subcontractor or other party to conduct any
generation, transportation, or recycling of construction or demolition debris, clean or general or uncontaminated soil
generated during construction, remodeling, repair and demolition of utilities, structures, and roads that is not
commingled with any waste, without the maintenance of documentation identifying the hauler, generator, place or
origin of the debris or soil, the weight or volume of the debris or soil, and the location, owner and operator of the facility
where the debris or soil was transferred, disposed, recycled or treated.
The Subrecipient further represents that it will perform due diligence in relation to any property that
is funded under this grant and that neither it or its contractors, subcontractors or other third parties have handfed,
buried, stored, retained, refrained, refined, transported, processed, manufactured, generated, produced, spitted,
allowed to seep, lead, escape or leach, or pumped, poured, emptied, discharged, injected, dumped, transferred, or
otherwise disposed of or dealt with Hazardous Substances with respect to the Property in violation of any currently
applicable Environmental Laws.
The Subrecipient agrees to confirm that in relation to any property funded under this grant that there
has been no seepage, leak, escape, leach, discharge, injection, release, emission, spill, pumping, °pouring; eirlptying,
dumping, or other release of Hazardous Substances in violation of any currently applicable Environmental Laws frorn the
Property onto or into any adjacent property or waters.
The Subrecipient affirms that it (nor its contractor, subcontractor or property owner to the best of its
knowledge under due diligence performed by the Subrecipient) will not use Its grant monies to perform rehabilitation ar repair
work on property that the owners or other parties have received notice from the governmental authority of a violation of
Environmental laws nor any request for information pursuant to section 204(e) of CERCLA with respect to the property.
The Subrecipient agrees to defend, indemnify and hold theCountyand fit Officers, employees and agents
harmless from and against, and shall reimburse the County for, any and all tosses, claims, liability, damages, costs, and
expense including but not limited to reasonable legal defense costs, attorney's fees, court costs, environmental consultant's
fees and advances, settlements, judgments, Judgment interest, prejudgment interest. or post: judgment interest; fora ttons
or causes of action, economic loss, Injunctive relief, Injuries to person, property or natural resources; arising in cortnectton
with the discharge, escape, release, or presence of any Hazardous Substance at or frorn the property whether foreseeable
or unforeseeable, regardless of the source of such release or when such release occurred or such presence is discovered
and whether such discharge, escape, release, or presence of any Hazardous Substance at or from the Property is by an
affirmative act or by omission by the Subrecipient or by the Subreciplent's officers, agents, employees or contractors. The
foregoing indemnity Includes, without limitation, all costs of removal, reniedlatlon.of any kind, and dlsposal of such
Hazardous Substance (whether or not such Hazardous Material may be legally allowed to remain in the Property if removal
or remediation is prudent), all cost of determining whether the Property Is in compliance and causing the Property to be in
compliance with all applicable Environmental laws, all costs associated with claimsforinjunctive relief, damagesto persons,
property, or natural resources or economic loss, and the County's reasonable attorneys' and consultants' fees and Court
costs.
14. 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.
S. The Sub recipient 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
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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, 2011.
15. Records Maintenance.
A. The Subrecipient shall maintain during the term of this contract and for a period of five (5) years
thereafter complete and adequate financial records, accounts and other records to support all program expenditures.
These records and accounts shall include, but not be fimlted to, the following: a general ledger that supports the costs
charged to the -CDBG program; records documenting procurement of goods and services; contracts for goods and
services, lease and rental agreements; invoices; billing statements; cancelled checks; timecards signed by employees
and supervisors; personnel authorization of-records; payroll registers; payroll tax records; bank statements; bank
reconciliation reports; subcontractor agreements; schedules containing comparisons of budgeted amounts andaetual
expenditures; and construction progress schedules signed by the appropriate party (i.e. general contractor and /or
architect).
B. The Subrecipient will give HUD, the Comptroller General, and the County, and any authorized
representative of each of them, access to all books, accounts, records, reports, files, and other papers, or property
pertaining to the administration, receipt and use of CDBG funds to necessitate such reviews and audits,
16. 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.
17. 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.
18. 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.
19. 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 'kinds 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 Subreclpient, participants in.a
program funded under this Agreement or contractor hired pursuant to a program funded under this Agreeient: 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 Countyfunds 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 fuftheraecepting 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. Additionally, the Subrecipient agrees to attend two (2) related County sponsored workshops andlor
training sessions during the program year, as applicable. Failure to attend may subject the Subrecipient to
non- compliance penalties under Paragraph 21.
20. 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.
21. 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
Subreciplent 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 Subreclpient;
c. deduct any refunds or repayments from any funds obligated to, but not expended by the
Subrecipient whether from this or 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.
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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.
22. 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:
23. SIONAGE
Mr. John P. Schneider, Director of Economic
Development
Bureau of Community Development
69 W, Washington, 29th Floor
Chicago, IL 60602
Honorable Brian K. Reaves, Mayor
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.
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24. Effective Date; Close Out of Grant.
This Agreement shall be effective as of the first day of October, 2010, 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.]
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COUNTY OF COOK:
BY:
Bureau Chief of Community Development (Signature) Printed Name Date
County of Cook
Attest:
Cook County Clerk (Signature)
Printed Name Date
County Seal:
Approved as to Form:
Assistant State's Attorney (Signature) Printed Name Date
SUBRECIPIENT:
BY:
TITLE:
ATTEST:
ubreciplent Official * ignature)
Mayor
Brian K. Reaves . .01/11/11
Subrecipient Official (Printed Name) Date
Charlene M. Smollen 01/11/11__
Subrecipient Cler ecretary (Signature) Subrecipient Clerk/Secretary (Printed Name) Date
Subrecipient Seal:
Approved as to Form: Daniel Blondin, Esq.. 4/11/I1:;
Subrecipient Attorney (Signature) Subrecipient Attorney(Printed Name) Date
ATTACH: Exhibits
Resolution
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