R-48-99 Authorizing to submit the Subgrantee Agreementv
VILLAGE OF LEMO T
RESOLUTION - `-f X19
DATE OF APPROVAL 1 a.to -9 5
NOW, THEREFORE, BE IT RESOLVED BY THE Mayor and Trustees of the Village
of Lemont that the Mayor and the Clerk be and are hereby directed and authorized to submit
the Subgrantee Agreement, all understandings and assurances and to execute the 1998
Community Development Block Grant Program roar Agreements with the County of Cook,
Illinois for Project Number 98 -115A, a cop,: of wh ∎ch is on file with the Clerk.
BE IT FURTHER RESOLVED BY TEE Mayor and Trustees of the Village of Lemont
that the Mayor and Clerk be and is hereby directed and authorized to execute any and all
additional documents necessary to carry out the 1998 Community Development Block Grant
Program for the Village of Lemont.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
rJ±E VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS,
on this -2 (2'6' day of C/ , 1999.
John Benik
Debby Blatzer
Keith Latz
Connie Markiewicz
Rick Rimbo
Mary Studebaker
AYES NHS_ PASSED, ABSENT
HARLENE SMOLLEN, Village Clerk
Approved by me this ' '`' day of
Attes
1999.
, Village President
/4f /
CHARLENE M. MOLLEN, Village Clerk
COOK COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SUBGRANTEE
AGREEMENT
FOR: CAPITAL IMPROVEMENT
SUBGRANTEE: VILLAGE OF LEMONT
PROJECT '111LE: ECONOMIC DEVELOPMENT INFRASTRUCTURE IMPROVEMENT
SET -ASIDE
PROJECT #: 98 -115A
GRANT AMOUNT: $200,000
Prepared by the Cook County Department of
Planning & Development
4" n
CONSTRUCTION /COMMERCIAL REHABILITATION
GRANT AGREEMENT
CONTENTS:
AGREEMENT/ (GOVERNMENTAL)
EXHIBIT A Equal Employment Opportunity Certificate
EXHIBIT B Assurances
EXHIBIT C Project Summary
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUBGRANTEE AGREEMENT
GOVERNMENTAL AGREEMENT
THIS AGREEMENT, made and entered into effective as of the first day of October 1998, 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, an Illinois governmental entity, (hereinafter referred to as the
"Subgrantee ").
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, 1998, through September 30, 1999, pursuant to said Act; and,
WHEREAS, if the Subgrantee is a Municipality deriving its authority from the "Illinois Municipal
Code" (65 ILCS 5/1 -1 -1, et sect.), and, if the Subgrantee 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 Subgrantee is a Township deriving its authority from the "Township Code" (60
ILCS 1/1-1, et sea.);or
WHEREAS, if the Subgrantee is a Park District deriving its authority from the "Park District Code"
(70 ILCS 1205/1 -1, et sect.) or;
WHEREAS, if the Subgrantee is a Housing Authority deriving its authority from the "Housing
Authorities Act" (310 ILCS 10/1, et seq.); or
WHEREAS, if the Subgrantee is an Intergovernmental Agency deriving 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, the Subgrantee 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 Subgrantee; and, the County has considered the
application of the Subgrantee for funds for the following purpose (including any special provisions) and
has approved the Project as described in the Subgrantee's Project Summary, attached hereto as Exhibit
"C" which includes a detailed description of the work, as scheduled for completing the work and a
budget (hereinafter referred to as PROJECT NO. 98 -115A) within its corporate or jurisdictional limits.
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 Subgrantee 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 Subgrantee 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 Subgrantee 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 Subgrantee 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 or relocation project, 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.
The Subgrantee 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.
3. Administrative Regulations and Compliance.
The Subgrantee 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 Subgrantee does not assume the County's responsibilities under 24 CFR
Section 570.604 and 24 CFR Part 52.
2
4. Agreement to Undertake the Project.
The Subgrantee 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 $200,000 The Subgrantee
agrees to abide by the Act and to use said funds solely for the purpose of paying for PROJECT NO. 98-
115A 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 Subgrantee 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 Subgrantee agrees to post HUD Notice
No. 901 in conspicuous places available to employees and applicants for employment.
B. The Subgrantee 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 Subgrantee 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 Subgrantee 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 Subgrantee 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.
8. Conflict of Interest.
A. The Subgrantee understands and agrees that no director, officer, agent or employee of the
Subgrantee 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. may 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
3. may 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 Subgrantee understands and agrees that any person who is a director, officer, agent or
employee of the Subgrantee 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 Subgrantee 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
Subgrantee 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 Subgrantee agrees that all potential conflicts -of- interest shall be reported by the
County to the HUD with a request for a ruling prior to proceeding with the project.
C. The Subgrantee agrees and understands that it and its officers, agents or employees must
abide by all provisions of 24 CFR 85.36 and 570.611, as applicable.
D. The Subgrantee agrees and understands that shall it incorporate, or cause to be
incorporated, the provisions contained in this section in all contracts or subcontracts entered into
Pursuant to this Agreement.
E. In the event of failure or refusal of the Subgrantee to comply, the County may terminate or
suspend in whole or in part any contractual agreements with the Subgrantee 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. who 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).
4
9. Procedures After Executing the Agreement; Notice to Proceed.
After the execution of this Agreement, the County and the Subgrantee 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 Subgrantee, by first class, prepaid mail, a "NOTICE TO PROCEED ".
D. After issuance of the "NOTICE TO PROCEED ", the Subgrantee 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.
E. The Subgrantee shall, for acquisition, demolition and capital improvement projects, expend all
matching funds for hard costs prior to the drawdown and expenditure of grant funds awarded under this
agreement for hard costs. For the purposes of this subparagraph, hard costs shall mean all project
costs other than project delivery costs.
10. Time to Start Project; Time to Finish Project.
A. The Subgrantee understands and agrees that all projects must be started within six (6)
months of the "Notice to Proceed" from the County. Any written requests for exceptions or extensions
must be submitted and approved in writing within the six (6) months after the "NOTICE TO PROCEED"
is issued.
B. The Subgrantee represents to the County that the aforesaid project shall be completed
within eighteen (18) months from the receipt of the "Notice to Proceed" from the County. Any
requests for extension beyond the eighteen (18) months to complete the project must be submitted in
writing. Upon completion or work stoppage, unused funds are to be promptly returned to the County.
11. Records Maintenance.
A. The Subgrantee agrees to maintain all documents and records pertaining to the project for a
minimum of four (4) 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 four (4) 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. The Subgrantee, however, shall maintain such records for five (5) years
rather than four (4) years where it has property within its control that it has acquired or improved in
whole or in part with CDBG funds, no matter the amount of CDBG funds used.
5
B. The Subgrantee 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 Subgrantee 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 Subgrantee shall not assign or delegate this Agreement or any part thereof and the
Subgrantee 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 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 Subgrantee 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 Subgrantee 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 Subgrantee 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 Subgrantee, 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 Subgrantee pursuant to this Agreement.
B. This Agreement neither obligates nor precludes the County from further accepting or
distributing funds entitled to the County 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 Subgrantee from further accepting funds
or assistance pursuant to the Act.
D. The Subgrantee agrees that all cost overruns are the responsibility of the Subgrantee. The
Subgrantee further agrees that it shall be solely liable for the repayment of unused funds, program
6
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 Subgrantee for the
repayment of the funds.
16. Indemnification.
A. The Subgrantee 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 Subgrantee and its officers, agents, employees or servants, of a recipient or
potential recipient of any moneys or benefits from the Subgrantee, 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 Subgrantee is responsible pursuant to subparagraph A. of this paragraph, the
Subgrantee 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
Subgrantee under any law or by the amount of or limitations on insurance coverage, if any, held by the
Subgrantee.
17. Suspension or Termination of Agreement.
A. The Subgrantee agrees that, pursuant to 24 CFR Section 85.43, if the County determines
that the Subgrantee:
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 Subgrantee by written notice of said non - compliance or default and failure by the
Subgrantee to correct said violations within fifteen (15) 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 Subgrantee;
c. deduct any refunds or repayments from any funds obligated to, but not expended by the
Subgrantee whether from this or any other project;
d. temporarily withhold cash payments pending correction of deficiencies by the Subgrantee 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.
B. The Subgrantee agrees that, pursuant to 24 CFR Sections 85.44, this Agreement may be
terminated for convenience, in whole or in part, as follows:
1. by the County, with consent of the Subgrantee, in which case the Subgrantee 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 Subgrantee, 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).
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 SUBGRANTEE:
19. SIGNAGE
Ms. Gwendolyn D. Clemons
Planning and Development Director
Cook County Department of Planning and
Development
69 W. Washington, 29th Floor
Chicago, IL 60602
Richard A. Kwasneski
President
Village of Lemont
418 Main Street
Lemont, IL. 60439 -3788
8
That the Subgrantee hereby agrees to permit appropriate signage, prepared and erected by the
County, of the County's participation in the project.
20. Effective Date; Close Out of Grant.
This Agreement shall be effective as of the first day of October, 1998, and shall continue in effect
for all periods in which the Subgrantee 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.
COUNTY OF COOK:
BY:
CHIEF ADMINISTRATIVE OFFICER
County of Cook
ATTEST:
Cook County Clerk
Approved as to Form:
SUBGRANTE
BY:
TITLE:
County Seal:
Assistant State's Attorney
Subgrantee df•ieL_.__.. --J
ATTEST:
Subgrantee Cler /Secretary
Approved as to Form:
Seal of Subgrantee:
Subgrantee Attorney
9
ATTACH: Resolution
Exhibits
10
EXHIBIT A
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
8P96
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
Subgrantee 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 Subgrantee 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 Subgrantee 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 Subgrantee 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;
3. 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
A -1
supervision of such compliance, and will otherwise assist the County and HUD
in the discharge of primary responsibility for securing compliance;
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 Subgrantee; may
refrain from extending any further assistance to the Subgrantee under any
program until satisfactory assurance of future compliance has been received
from the Subgrantee, 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.
EXHIBIT B
ASSURANCES
10/98
EXHIBIT B -- ASSURANCES
In accordance with the Housing and Community Development Act of 1974, as amended, and 24 CFR
Section 570.303, the Subgrantee 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 Subgrantee 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 Subgrantee 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.
C. 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
Tong -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.
D. 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;
2. 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.
E. 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.
F. It will minimize displacement of persons as a result of activities assisted with federal funds for
this federally- assisted program.
G. It 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
B -1
public improvements unless (1) funds received under Section 106 are used to pay the
proportion of such fee or assessment that relates to the capital cost of such public
improvements that are financed from revenue sources other than under Title I of the Act; 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 Subgrantee 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 Subgrantee approved
by the County is authorized and consents on behalf of the Subgrantee and himself /herself
to accept the jurisdiction of the Federal courts for the purpose of enforcement of the
requirements of such Act and regulations.
I. The grant will be conducted and administered in compliance with the following requirements:
1. The Subgrantee 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 - 3620), as amended;
3. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90 -284), as amended;
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;
6. 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;
8. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93 -1 12), as amended, and
implementing regulations issued at 24 CFR Part 8, as amended;
9. The Age Discrimination Act of 1975 (Pub. L. 94 -135), as amended, and implementing
regulations when published for effect;
10. It will comply with the acquisition and relocation requirements of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
B -2
amended, as required under Section 570.606(b) and Federal implementing
regulations at 49 CFR 24; the requirements in Section 570.606(c) governing the
residential antidisplacement and relocation assistance plan under section 104(d)
of the Act (including a certification that the Subgrantee is following such a plan);
the relocation 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) of
the Act;
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 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.
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.
M. 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 Subgrantee during any period of debarment,
suspension or placement on ineligibility status under the provisions of 24 CFR Part 24 or
B -3
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 Subgrantee, 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 Subgrantee, 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.
0. The Subgrantee 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
Subgrantee, 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 Subgrantee 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 Subgrantee 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
Exhibit C - PROJECT SUMMARY
1998 Program Year - October 1, 1998 through September 30, 1999
Subgrantee : LEMONT
Address : 418 Main Street City, State, Zip : Lemont, IL. 60439
Project Manager: Scott Buening Telephone : (630) 257 -1550
Project Title : Economic Development Infrastructure Improvement Set Aside.
Project # : 98 -115A
Budget Authority : $ 200,000
Matching Funds : $ 876,864
Matching Funds :
Account #: 942 -847
HUD Eligibility Citation : 570.201(c)
Source : TIF; Tax Credits
Source :
ALL MATCHING FUNDS FOR CAPITAL IMPROVEMENT, DEMOLITION, OR ACQUISITION PROJECTS
MUST BE EXPENDED PRIOR TO THE DRAWDOWN AND EXPENDITURE OF CDBG GRANT FUNDS.
SUMMARY PROJECT DESCRIPTION:
Acquisition Required :
O Yes 0 No
Eligibility: LMI: 0 Does Not Apply
Project Area :
CENSUS TRACT(S) BLOCK GROUP(S)
O Area Benefit
0 Limited Clientele
O Housing Activity
0 Job Creation/
Retention
Displacement Required : O Yes 0 No
Slum & Blight : ® Does Not Apply
O Area
O Spot
17031
8240.01
Narrative:
a)
b)
2
2
PERCENT LOW /MOD INCOME
0.00%
Designated Project Area:
SEE ATTACHED C - 2
Project Description:
SEE ATTACHED C - 2
c) Specific Anticipated Accomplishments:
SEE ATTACHED C - 2
See attached "Project Completion Schedule."
See attached "Line Item Budget Sheets."
LC
LC
Environmental Review Status:
AMENDMENT:
Environmental Review Required 24CFR 58.36
DATE :
Subgrantee : LEMONT
Project Title Economic Development Infrastructure Improvement Set Aside.
Project # : 98 -115A
PROJECT NARRATIVE
C -2
Designated Project Area :
The project area is comprised of the five acres bounded by the Illinois & Michigan Canal to the North; the Illinois Central
Rail Road to the South; Grant Street to the West; and Catherine Street to the East.
Project Description :
The project consists of the installation of 1840 lineal feet of storm sewers and 24 manholes and catch basins; 1000
lineal feet of sanitary sewer and 14 manholes. 1850 lineal feet of water main. Total costs of the 43 unit senior housing
development for low- income seniors is approximately $4,600,000. Public Improvement costs estimated at $1,076,864.
$ 200,000 County
1,300,000 Home Program
500,000 IHDA Trust Fund
250,000 TIF Bonds
2,365,425 Equity
$ 4,615,435
Specific Anticipated Accomplishments :
Village matching funds will assist additional costs such as water mains, streets, curb & gutter, engineering, surveying,
environmental & accounting.
Subgrantee : LEMONT
Project Title : Economic Development Infrastructure Improvement Set Aside.
Project # : 98 -115A PROJECT COMPLETION SCHEDULE
Note : "Month 1" represents the first month after receipt of the "Notice To Proceed ".
SCHEDULED WORK
MONTH 1: Submit plans and specifications to Cook County.
MONTH 2 : Advertise for bids.
MONTH 3 : Award contracts.
MONTH 4 : Await favorable weather to commence construction.
MONTH 5 : Await favorable weather to commence construction.
MONTH 6:
Await favorable weather to commence construction.
MONTH 7 : Await favorable weather to commence construction.
Subgrantee LEMONT
'Project Title : Economic Development Infrastructure Improvement Set Aside.
Project # : 98 -115A PROJECT COMPLETION SCHEDULE
MONTH 8: Construction on- going.
MONTH 9: Construction on- going.
MONTH 10: Construction on -going.
MONTH 11: Project complete.
MONTH 12:
MONTH 13:
MONTH 14:
MONTH 15:
MONTH 16:
MONTH 17:
MONTH 18: PROJECT COMPLETE
Subgrantee : LEMONT
Project Title : Economic Development Infrastructure Improvement Set Aside.
C -5
Project # : 98 -115A
DETAILED PROJECT DELIVERY COSTS BREAKDOWN
Note: Column 4 cannot exceed Column 2 times Column 3. The sum of Column 5 and Column 6 cannot exceed Column 4.
STAFF SALARIES:
(1)
(2)
(3) (4) (5)
(col 2 x col 3)
(6)
(col 4 - col 5)
Position
Classification
Annual
Salary
Percent of
Time
Spent on this
Project
Salary
Utilized in
this Project
CDBG
Portion
for this
Project
Matching
Portion for
this
Project
$0
0.00%
$0
$0
$0
Total Salaries
$ 0
$ 0
$ 0
$ 0
FRINGE BENEFITS:
(1)
(2)
(3)
(4) (5)
(col 2 x col 3)
(6)
(col 4 - col 5)
Position
Classification
Annual
Fringe
Benefits
Percent of
Time
Spent on this
Project
Fringe
Utilized in
this Project
CDBG
Portion
for this
Project
Matching
Portion for
this
Project
$0
0.00%
$0
$0
$0
Total Fringe
$ 0
$ 0
$ 0
$ 0
Subgrantee : LEMONT
Project Title: Economic Development Infrastructure Improvement Set Aside.
Project # : 98 -115A
LINE ITEM BUDGET
C -6
ALL MATCHING FUNDS FOR CAPITAL IMPROVEMENT, DEMOLITION, OR ACQUISITION PROJECTS
MUST BE EXPENDED PRIOR TO THE DRAWDOWN AND EXPENDITURE OF CDBG GRANT FUNDS.
PROJECT ACTIVITY
Capital Improvements
Single Family Rehabilitation
Commercial Rehabilitation
Economic Development
Demolition /Clearance
Acquisition / Relocation
CDBG FUNDS
$ 200,000
MATCHING
$ 746,764
$0
$0
TOTAL
$0
$0
$0
$0
$0
$0
$0
$0
Total Project Activity
$ 200,000
$ 746,764
$ 946,764
$0
$0
$0
$0
$0
$ 946,764
Administration and Planning Grants include Fair Housing activities. Public
Grants include Housing Counselling activities. Project activity costs for these
should be indicated below as Project Delivery costs.
Service
projects
PROJECT DELIVERY
Staff Salaries
Fringe Benefits
Office Rent / Utilities
Office Supplies
Postage
Printing
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Publication Notices
Supplies
Other Specify:
$0
$0
$0
Project Travel ( 31.5 cents per mile)
Professional Services (Need to be
Procured if Using CDBG Money)
Architect
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Engineering
Legal
Accounting (Except Single Audits)
Other : Survey, Environmental
Total Project Delivery
GRAND TOTAL
$0
$0
$0
$0
$0
$0
$ 33,000
$0
$ 5,000
$ 92,100
$0
$ 33,000
$0
$ 5,000
$ 92,100
$0
$ 200,000
$ 130,100
$ 876,864
$ 130,100
$ 1,076,864