R-82-06 11/27/2006RESOLUTION ,Q. 24.°6
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 2006 Community Development Block Grant Program Year Agreements
with the County of Cook, Illinois for Project No. C06 -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 2006 Community Development Block
Grant Program for the Village of Lemont.
Dated this 27th day of November, 2006.
ATTEST:
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By:
Title:
Smollen, Village Clerk
e President
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 2006 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 November 27, 2006 , and which is still in full force and effect.
(date)
By:
Charlene Smollen, Village Clerk
Community Development Block Grant
(CDBG)
SUBRECIPIENT AGREEMENT
2006 PROGRAM YEAR
OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2007
SUBGRANTEE
LEMONT
GRANT AMOUNT : $80,000
PROJECT NUMBER: C06 -031
FOR : Capital Improvements
PROJECT DESCRIPTION:
Water main replacement on 1 block of Illinois St. from Stephen to Fremont.
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 2006, 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, 2006, through September
30, 2007, 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 scheduled for completing the work within the required allocated time and within its corporate or jurisdictional limits
(hereinafter referred to as C06 -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;
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 $80,000.00. The Subrecipient agrees to abide
by the Act and to use said funds solely for the purpose of paying for C06 -031 in accordance with the approved Project
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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 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.
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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.
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
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efforts to actually expend all funds before the end of the Project Year for this award on September
30, 2007
11. 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 limited 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 and actual
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.
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.
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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.
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 lees, 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;
C. 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;
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f. withhold further awards for the program;
g. take other remedies legally available; or
h. take appropriate legal action.
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:
Mr. Peter C. Nicholson, 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
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19. SIGNAGE
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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20. Effective Date; Close Out of Grant.
This Agreement shall be effective as of the first day of October, 2006, 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:
Attest:
CHIEF ADMINISTRATIVE OFFICER
County of Cook
Cook County Clerk
Approved as to Form:
Assistant State's Attorney
SUBRECIPIENT:
BY:
TITLE:
ATTEST: iL�i� : �J�/! �% Subrecipient Seal:
Subrecipie
County Seal:
Approved as
ATTACH: E ibits
solution
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EXHIBIT A
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
101
EXHIBIT A
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
COUNTY OF COOK
The signatory to this Agreement to which this Exhibit A is attached understands and agrees that it is a
Subrecipient of the County of Cook, Illinois (the "County ") in conjunction with the County's Community
Development Block Grant Program and agrees that there shall be no discrimination against any employee
who is employed in carrying out work receiving assistance from the County and the Department of Housing
and Urban Development ( "HUD "), or against any applicant for such employment, because of race, color,
religion, sex, age, ancestry, marital status, handicap, unfavorable discharge from military service, or
national origin, including but not limited to employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or the selection
for training, including but not limited to apprenticeship; discipline and tenure, terms, privileges or conditions
of employment. The Subrecipient agrees to abide by the Certifications contained herein as well as any and
all equal employment opportunity provisions contained in the Agreement to which this is attached and all
equal employment opportunity provisions of federal, state and local laws and regulations.
The Subrecipient further agrees to the following:
1. Pursuant to 24 CFR Section 570.607, it will incorporate or cause to be incorporated
into any contract for $10,000 or more, or modification thereof, as defined in the
regulation of the Secretary of Labor at 41 CFR Chapter 60, as amended, which is
paid for in whole or in part with funds obtained pursuant to Community Development
Block Grant Program, the equal opportunity clause required by 41 CFR 60-4.4 of the
regulations. It will also comply with Chapter 4 of the Community Development Block
Grant Administrative Manual with regard to Community Development assisted
construction contracts;
2. It will be bound by said equal opportunity clause with respect to its own employment
practices when it participates in any County or HUD assisted work; provided,
however, that if the Subrecipient so participating is a unit of local government, the
said equal opportunity clause is not applicable to any agency, instrumentality or
subdivision of such unit of local government which does not participate in work on or
under the contract;
It will assist and cooperate actively with the County and the HUD in obtaining the
compliance of contractors and subcontractors with the equal opportunity clause and
the rules, regulations and relevant orders of the Secretary of Labor, the Secretary of
HUD and the County;
4. It will furnish the County and HUD such information as they may require for the
supervision of such compliance, and will otherwise assist the County and HUD in the
discharge of primary responsibility for securing compliance;
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5. It will enforce the sanctions and penalties for violation of the equal opportunity
clause as may be imposed upon contractors and subcontractors by the Secretary of
Labor, the County or HUD;
6. In the event that its fails or refuses to comply with the undertaking set forth, the
County or HUD may cancel, terminate or suspend in whole or in part any contractual
agreements the County or HUD may have with the Subrecipient; may refrain from
extending any further assistance to the Subrecipient under any program until
satisfactory assurance of future compliance has been received from the
Subrecipient, may take any of the actions set out of the actions in the agreement or
may refer the case to HUD for appropriate legal proceedings.
7. It will comply with the provisions of the Americans with Disabilities Act, as amended
from time to time (42 USC Section 12101, et seq.).
8. It will comply with Section 3 of the Housing and Urban Development Act of 1968,
and implementing regulations at 24 CFR Part 135, as amended from time to time.
9. It will comply with the Illinois Human Rights Act (775 ILCS 5/1 -101, et seq.)
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EXHIBIT B
ASSURANCES
7/'01
EXHIBIT B -- ASSURANCES
In accordance with the Housing and Community Development Act of 1974, as amended (the "Act "), and 24
CFR Section 570.303, the Subrecipient hereby assures and certifies that it will comply with the regulations,
policies, guidelines and requirements with respect to the acceptance and use of Federal funds for this
Federally- assisted program. Also the Subrecipient gives assurances and certifies with respect to the grant
that:
A. It possesses legal authority to make a grant submission and to execute a community
development and housing program.
B. Prior to submission of its application to Cook County, the Subrecipient followed a detailed citizen
participation plan which meets citizen participation requirements under 24 CFR Section 91.105,
prepared its final statement of community development objectives and projected use of funds, and
made the application available to the public, as required by 24 CFR Section 91.105.
It has developed a housing and community development plan, for the period specified by the County,
that identifies community development and housing needs and specifies both short- and long -term
community development objectives that provided decent housing and expand economic opportunities
primarily for persons of low and moderate income and that have been developed in accordance with
the primary objective and requirements of the Housing and Community Development Act of 1974 as
amended.
). 1. It is following the current Comprehensive Consolidated Plan (CCP) which has been prepared by
the County and approved by HUD pursuant to 24 CFR Part 91 and which meets the
requirements of Section 104(c)(1) of the Housing and Community Development Act of 1974, as
amended, and that any housing activities to be assisted with CDBG funds be consistent with the
CCP;
It is following the current CCP which has been prepared by the County and approved by HUD in
accordance with Section 105 of the Cranston - Gonzalez National Affordable Housing Act.
It has developed its Program so as to give maximum feasible priority to activities which benefit low-
and-moderate-income persons or aids in the prevention or elimination of slums or blight.
It will minimize displacement of persons as a result of activities assisted with federal funds for this
federally- assisted program.
3. R will not attempt to recover any capital costs of public improvements assisted in whole or part under
Section 106 or with amounts resulting from a guarantee under Section 108 of the
Housing and Community Development Act of 1974, as amended, by assessing any amount
against properties owned and occupied by persons of low and moderate income, including any
fee charged or assessment made as a condition of obtaining access to such public
improvements (assisted in part with Community Development Block Grant funds) unless (1)
funds received under Section 106 are used to pay the proportion of such fee or assessment
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that relates to the capital cost of such public improvements that are financed from revenue sources
other than under Title 1 of the Act (however, an assessment or charge may be made against the
property with respect to public improvements funded by a source other than Community Development
Block Grant funds); or (2) for purpose of assessing any amount against properties owned and
occupied by persons of low and moderate income who are not persons of very low income, the
Subrecipient and Grantee certify to the Secretary that it lacks sufficient funds received under Section
106 to comply with the requirements of subparagraph (1) above.
H. Its chief executive officer, chief elected official, or other officer of the Subrecipient approved by
the County is authorized and consents on behalf of the Subrecipient and himself /herself to
accept the jurisdiction of the Federal courts for the purpose of enforcement of the requirements
of such Act and regulations.
1. The grant will be conducted and administered in compliance with the following requirements:
1. The Subrecipient in its municipal operations and in the administration of this Agreement will
affirmatively further fair housing;
2. a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 2000(d)), as amended, and
implementing regulations issued at 24 CFR Part 1, as amended; and
b. The Fair Housing Act (18 U.S.C. Sections 3601 -3619) and implementing regulations, as
amended;
Title VIII of the Civil Rights Act of 1968 (Pub. L. 90 -284), as amended, and implementing
regulations, if any;
4. Section 109 of the Housing and Community Development Act of 1974, as amended; and the
regulations issued pursuant thereto, as amended;
5. Section 3 of the Housing and Urban Development Act of 1968, as amended, and implementing
regulations, if any;
Executive Order 11246, as amended by Executive Order 11375 and 12086, and implementing
regulations issued at 41 CFR Chapter 60, as amended;
7. Executive Order 11063, as amended by Executive Order 12259, and implementing regulations
at 24 CFR Part 107, as amended;
Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93 -112), as amended, and implementing
regulations issued at 24 CFR Part 8, as amended;
The Age Discrimination Act of 1975 (Pub. L. 94 -135), as amended, and implementing
regulations when published for effect;
B - 2 of 4
10. It will comply with the acquisition and relocation requirements of the Uniform Relocation
Assistance and Real Property Acquisitions Policies Act of 1970,as amended, as required under
Section 570.606(b) and Federal implementing regulations at 49 CFR; it has in place a plan and
is following the requirements in Section 570.606(c) governing the residential antidisplacement
and relocation assistance plan required under Section 104(d) of the Act (including a certification
that the Subrecipient is following such a plan); the relocations requirements of Section
570.606(c) governing displacement subject to Section 104(k) of the Act; and the relocation
requirements of Section 570.606(d)governing optional relocation assistance under Section
105(a)(11) in connection with any activity assisted with funding under the CDBG Program;
11. The labor standards requirements as set forth in 24 CFR Section 570.603, Subpart K and HUD
regulations issued to implement such requirements, as amended; including but not limited to
Davis -Bacon (40 USC 276A - 276A -5), as amended, and the Contract Work Hours and Safety
Standards Act (40 USC 327 et. seq.), as amended;
12. Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288
relating to the prevention, control, and abatement of water pollution;
13. The National Flood Insurance Program (Section 201 (d), 42 USC 4105 (d), and the flood
insurance purchases requirements of Section 102 (a) of the Flood Disaster Protection Act of
1973 (Pub. L. 93 -234, 42 USC 4012a);
14. The regulations, policies, guidelines and requirements of 24 CFR Parts 570, 84 and 85 and
OMB Circulars A -87, A -122, and A -128, as applicable, as they relate to the acceptance and use
of Federal funds under this federally- assisted program, and as amended from time to time;
15. The Americans with Disabilities Act, as amended from time to time (42 USC Section
12101, et seq.).
J. No funds under this Agreement will be used for or in aid of any personal political purpose and it will
comply with the provision of the Hatch Act which limits the political activity of employees.
K. It will comply with the lead -based paint requirements of 24 CFR Part 35 (in particular Subparts A, B,
J, K and R) issued pursuant to the Lead -based Paint Poisoning Prevention Act (42 U.S.C. 4821-
4846); and, that its notification, inspection, testing and abatement procedures concerning lead -based
paint will comply with 24 CFR Section 570.608, as both are now or hereafter amended.
L. If a facility is developed as a result of the assisted activities, no unreasonable fee may be charged for
the use of such facility, and, such fee, if charged, must not have the effect of precluding use by low-
and-moderate-income persons.
No CDBG funds will be used to employ, award contracts to, or otherwise engage the services of or
fund any contract or sub - contractor of the Subrecipient during any period of debarment, suspension
B - 3 of 4
or placement on ineligibility status under the provisions of 24 CFR Part 24 or 24 CFR Sections 85.35
or 570.609, as applicable, and Executive Order 11246, as amended by Executive Order 12086.
N. 1. In accordance with Section 519 of Public Law 101 -144, (the 1990 HUD Appropriations Act), the
Subrecipient, if a municipality, certifies that it has adopted and is enforcing a policy prohibiting
the use of excessive force by its police department against any individuals engaged in
nonviolent civil rights demonstrations.
2. The Subrecipient, if a municipality, certifies that it has a policy of enforcing applicable state and
local laws against physically barring entrance to or exit from a facility or location which is the
subject of such nonviolent civil rights demonstrations within its jurisdiction.
O. The Subrecipient certifies, to the best of its knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Subrecipient, to any person for influencing or attempting to influence an officer or employee of
any agency, Member of Congress, an officer or employee of Congress, or an employee of a
Member 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.
2. If any funds other than 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 officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
3. The Subrecipient shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loan, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
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. Code. 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.
P. The Subrecipient certifies that it is complying with the Illinois Drug Free Workplace Act ( "Act "), (30
ILCS 580/1, et seq.), and, if applicable, that it is complying with the Federal Drug Free Workplace Act
(41 U.S.C. Section 701, et seq.).
B - 4 of 4
SUBRECIPIENT LEMONT
ADDRESS
418 Main Street
Charlene M. Smollen
PROGRAM MANAGER
Project Number IDIS No.
C06 -031
2816
Account #:
9428225- 580170.100
PROJECT TITLE
CITY Lemont
ZIP 60439 -3788
(630) 257 -1590 (630) 243 -0958 www.Iemont.il.us
PHONE FAX E -MAIL
Water Main Replacement
Eligibility Citation Budget Amount Award Match
570.201(c) $80,000 $20,000
SUMMARY PROJECT DESCRIPTION:
Eligibility: LMI
Does Not Apply
Area Benefit
riLimited Clientele
Census Tracts
NARRATIVE.
Source 1
Corporate Funds
Match 2 Source 2
Housing Activity
[JJob Creation /Retention
Slum Blight
Does Not Apply
_Area
QSpot
Block Groups
Is Acquisition Required?
Yes
y• No
UM Income %
8240.01
3 56.2
Designated Project Area
1 block of Illinois St. from Stephen to Freemont.
Awarded Project Description
Water main replacement.
Specific Anticipated Accomplishments
The replacement of 325 feet of existing 3 -inch water main with new 10 inch water main, on Illinois Street, from Fremont
Street, by September 1, 2007.
Environmental Review
'Categorically Excluded (24 CFR 58.35)
Amendment
Amendment Date
Planner
SUBRECIPIENT
LEMONT
Month 1
PROJECT COMPLETION SCHEDULE
Project Number
C06 -031
Page
C -2
Project design phase.
Month 2
Receive project and permit approvals.
Month 3
Project bid and award.
Month 4
Construction.
Month 5
Project complete.
Month 6
Project close -out.
SUBRECIPIENT
- LEMONT
Month 7
PROJECT COMPLETION SCHEDULE
Project Number
C06 -031 '
Page
C -3
Month 12
Project Complete
SUBRECIPIENT
LEMONT
Project Number
C06 -031
Page
C -4
STAFF SALARIES
Note: Column 4 cannot exceed Column 2 times Column 3. The sum of Column 5 and Column 6 cannot exceed Column 4.
(1)
Position Classification
TOTAL SALARIES:
(1)
Position Classification
TOTAL FRINGE BENEFITS:
(2)
Annual Salary
(3) (4)
% of time spent Salary Utilized
on Project for Project
$0 0.00%
$0
FRINGE BENEFITS
(3)
(2) % of time spent
Annual Fringe on Project
(5) (6)
CDBG Portion Project Match
$0 $0 $0
$0 $0
$0 $0
$0 $0
so $0
$0 $0 $0
(4)
Fringe Utilized
for Project
(5) (6)
CDBG Fringe Match Fringe
$o 0.00% $0 $0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $o $o
SUBRECIPIENT
, LEMONT
Project Activity
Capital Improvement
Single- Family Rehabilitation
Economic Development
Demolition /Clearance
Acquisition
Relocation
TOTAL PROJECT ACTIVITY:
Project Number
C06 -031
Page
C -5
LINE ITEM BUDGET
CDBG Funds Matching Funds TOTAL
$80,000 $0 $80,000
$0
$o
$0
so
$o
$80,000
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
so
$80,000
Administration and Planning Grants include Fair Housing activities. Public Service Grants include Housing Counseling
activities. Project Activity costs for these projects should be indicated below as Project Delivery costs.
Project Delivery
Staff Salaries
Fringe Benefits
Office Rent/Utilities
Postage
Printing
Publication /Notices
Project Travel @ $.485 per mile
CDBG Funds
$0
$0
$0
$0
$0
$0
$0
Other: $0
Other: $0
Professional Services:
Architect
Engineering
Legal
Accounting (except Single Audit)
Other:
Other:
Matching Funds
$0
$0
$0
$0
$0
$0
$0
$0
$o
TOTAL PROJECT DELIVERY:
$0
$0
$0
$0
$0
$0
$0
CDBG Grand Total
$80,000
$0
$20,000
$0
$0
$0
$0
$20,000
Match Grand Total
TOTAL
$0
$0
$0
$0
$0
$0
$0
$o
$0
$0
$20,000
$0
$0
$0
$0
$20,000
Grand Total
$100,000