R-350-95 Authorizing the Execution of CDBG Subgrantee Agreement for Single-Family Rehabilitation Project no. 94-039VILLAGE OF LEMONT
RESOLUTION NO.3
DATE OF APPROVAL' /3 ' 95
RESOLUTION AUTHORIZING THE EXECUTION OF CDBG SUBGRANTEE
AGREEMENT FOR SINGLE - FAMILY REHABILITATION
PROJECT NO. 94 -039
WHEREAS, Cook County has been designated as an "Urban County" by the
Department of Housing and Urban Development under the provisions of the Housing and
Community Development Acts of 1974, as amended (hereinafter referred to as the "Acts ");
and
WHEREAS, The County will receive an entitlement of funds during the Period of
October 1, 1994 and September 30, 1995, pursuant to said Acts; and
WHEREAS, the President and Board of Trustees of the Village of Lemont have
elected to participate in the County's 1994 program for single - family rehabilitation.
NOW, THEREFORE, BE IT RESOLVED by the President and the Board of Trustees
of the Village of Lemont that the President and the Clerk be and hereby directed and
authorized to submit the final statement, all understandings and assurances and to execute
the 1994 Community Development Block Grant Program Year Agreements with the County
of Cook, Illinois Project Number 94 -039, a copy of which is on file with the Clerk.
NOW, THEREFORE, BE IT FURTHER 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 execute any and all additional documents necessary to carry out
the 1994 Community Development Block Grant Program for the Village of Lemont.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DuPAGE, ILLINOIS,
on this /. day of -et /L , 1995.
Barbara Buschman
Alice Chin
Keith Latz
Connie Markiewicz
Richard Rimbo
Ralph Schobert
AYES NAYS PASSED ABSENT
v
v
CHARLENE M. SMOLLEN, Village Clerk
Approved by me this 3 day of , 1995.
Attest:
.2 off
CHARLENE M. S OLLEN, Village Clerk
A. ASNESKI
Village g President
COOK COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SUBGRANTEE
AGREEMENT
FOR: SINGLE FAMILY REHABILITATION
SUBGRANTEE: LEMONT
PROJECT TITLE: Single Family Rehabilitation: Village -Vide.
PROJECT #: 94 -039
GRANT AMOUNT: $75,000.00
Prepared by the Cook County Department of Planning & Development
RESIDENTIAL 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 1994, 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 "Sponsor ").
WITNESSETH:
WHEREAS, the County is a home rule unit pursuant to the 1970 Illinois Constitution, Article VII, Section VII 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, 1994, through
September 30, 1995, pursuant to said Act; and,
WHEREAS, if the Subgrantee is a municipality deriving its authority from the "Illinois Municipal Code" (65 ILCS 5),
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 housing authority deriving its authority from the "Housing Authority 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. 94-039) 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.
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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, 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.
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.
4. Agreement to Undertake the Project.
The Subgrantee agrees to undertake the work and activities described herein and in its project summary (Exhibit
w
5. Grant Award.
The County hereby agrees to make a grant in a sum not to exceed $75,000.00. The Subgrantee agrees to abide
by the Act and to use said funds solely for the purpose of paying for PROJECT NO. 94-039 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 professional services 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 limes 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.
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8. Conflict of Interest.
may:
A. The Subgrantee understands and agrees that no director, officer, agent or employee of the Subgrantee
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. 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 the 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).
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:
3
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, 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 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
three (3) 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 three (3) 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 three (3) 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.
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 form 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.
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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 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
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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. Suzanne M. Hayes
'Assistant Planning and Development Director
County Building - Room 824
118 North Clark Street
Chicago, IL 60602
The Honorable Richard A. Kwasneski
President, Village of Lemont
418 Main Street
Lemont, Illinois 60439
That the Subgrantee 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, 1994, 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.
ATTACH: Resolution
Exhibits
Attachments
COUNTY OF COOK:
BY:
CHEF ADMINISTRATIVE OFFICER
County of Cook
Attest:
Cook County Clerk
County Seal:
Approved as to Form:
Assistant State's Attorney
Subgrantee:
BY:
Subgrantee Official
Attest:
k
bgrantee Clerk/ cretary
Seal of Subgrantee:
Approved as to Form:
Subgrantee Attorney
7
EXHIBIT A
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
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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 applicant so participating is a unit of local government, the said equal
opportunity clause is not applicable to any agency, instrumentally 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
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
A - 1 of 2
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 et seq.).
A -2 of 2
EXHIBIT B
ASSURANCES
9 /.94
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 570.301(b),
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 570.301(c);
C. It has developed a 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 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 affordability which has been prepared by the County and
approved by HUD pursuant to Section 570.306 and 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 Comprehensive Housing
Affordability Strategy (CHAS);
2. It is following a current housing affordability strategy 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 application 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; the application may
also include activities which the Subgrantee certifies are designed to meet other community development
needs having a particular urgency because existing conditions pose a serious threat to the health and
welfare of the community, and other financial resources are not available;
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 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 1 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 Tacks 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.
B - 1 of 4
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 (Pub. L. 88 -352), as amended, and implementing
regulations issued at 24 CFR Part 1, as amended; and
b. The Fair Housing Act (42 U.S.C. Section 2000d et seq.), 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 -112), 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 amended, as required under Section 570.606(b) and
Federal implementing regulations; 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 and 85 and OMB
Circulars A -87, A -110, 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.
B -2 of 4
15. The Americans with Disabilities Act, as amended from time to time (42 USC Section
et sea.).
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. 4802 et seq.); 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 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.
O. 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
B -3of4
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 pursuant to the Drug Free Workplace Act ("Act "), (30 ILCS 580/1, et seq.), that, if
it has 25 or more employees, it will provide a drug free workplace by:
1. Publishing a statement:
a. Notifying employees that the unlawful manufacture, distribution, dispensation, possession, or
use of a controlled substance, including cannabis, is prohibited in the Subgrantee's
workplace.
b. Specifying the actions that will be taken against employees for violations of such prohibition.
c. Notifying the employee that, as a condition of employment on such grant, the employee will:
i. abide by the terms of the statement; and
n. notify the employer of any criminal drug statutes conviction for a violation occurring in
the workplace no later than 5 days after such conviction.
2. Establishing a drug free awareness program to inform employees about:
a. the dangers of drug abuse in the workplace;
b. the Subgrantee's policy of maintaining a drug free workplace;
c. any available drug counseling, rehabilitation, and employee assistance programs; and
d. the penalties that may be imposed upon employees for drug violations.
3. Making it a requirement to give a copy of the statement required by subsection a) to each employee
engaged in the performance of the contract or grant and to post the statement in prominent places
in the workplace.
4. Notifying the County within 10 days after receiving notice under part ii) of paragraph c) of subsection
1) from any employee or otherwise receiving actual notice of such conviction.
5. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or
rehabilitation program by, any employee who is so convicted, as required by Section 5 of the Act.
6. Assisting employees in selecting a course of action in the event drug counseling, treatment, and
rehabilitation is required and indicating that a trained referral team is in place.
7. Making a good faith effort to continue to maintain a drug free workplace through implementation of
Section 3 of the Act.
B -4 of 4
Exhibit C - PROJECT SUMMARY
1994 Program Year - October 1, 1994 through September 30, 1995
Subgrantee : Village of Lemont
Address : 418 Main Street City, State, Zip : Lemont, Illinois 60439
Project Manager: Dana Jenkins Telephone : (708) 257 -1595
Project Title : Single - Family (1/4 Units) Residential Rehabilitation
Project # : 94 -039
Budget Authority : $ 75,000
Matching Funds : $ 17,865
Matching Funds :
SUMMARY PROJECT DESCRIPTION:
Account #: 942 -490
HUD Eligibility Citation : 570.202
Source : General Fund
Source :
Acquisition Required : () Yes (!) No Displacement Required : 0 Yes ® No
Eligibility: LMI: C) Does Not Apply
(._) Area Benefit
O Limited Clientele
0 Housing Activity
OJob Creation/
Retention
Slum & Blight : U Does Not Apply
( Area
0 Spot
Project Area :
CENSUS TRACT(S) BLOCK GROUP(S) PERCENT LOW /MOD INCOME
All- Village Wide
Narrative:
000.00%
a) Designated Project Area:
SEE ATTACHED C - 2
b) 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."
Environmental Review Status:Categorically Excluded 24CFR 58.35
AMENDMENT :
DATE :
• Subgrantee : Village of Lemont
Project Title : Single- Family (1/4 Units) Residential Rehabilitation
Project # : 94 -039
PROJECT NARRATIVE
Designated Project Area :
Village of Lemont, all census tracts
c -2
Project Description :
This project will be a continuation of the Village of Lemont's Block Grant Rehab Assistance Program. Property owners and
residents qualifying as low to moderate income will receive technical and financial assistance for project maintenance,
code compliance, and energy conservation.
Specific Anticipated Accomplishments :
Substantial Rehabilitation of three (3) residential structures of 1 -4 units by October of 1995.
Subgrantee : Village of Lemont
Project Title : Single - Family (1/4 Units) Residential Rehabilitation
Project # : 94 -039
PROJECT COMPLETION SCHEDULE
Note : "Month 1" represents the first month after receipt of the "Notice To Proceed ".
SCHEDULED WORK
MONTH 1 :
G- 3
MONTH 2 : Review application for assistance and determine eligibility. Initiate verifications, credit report, title search,
historic review. (1 Property) Inspect for building code violations. Prepare specifications. Bid project. Award
to qualified contractor. Rehab in 90 days.
MONTH 3:
MONTH 4:
MONTH 5 : Review application for assistance and determine eligibility. Initiate verifications, credit report, title search,
historic review. (1 Property) Inspect for building code violations. Prepare specifications. Bid project. Award
to qualified contractor. Rehab in 90 days.
MONTH 6:
MONTH 7 : Review application for assistance and determine eligibility. Initiate verifications, credit report, title search,
historic review. (1 Property) Inspect for building code violations. Prepare specifications. Bid project. Award
to qualified contractor. Rehab in 90 days.
• Subgrantee : Village of Lemont
Project Title : Single - Family (1/4 Units) Residential Rehabilitation
Project # : 94 -039
MONTH 8:
MONTH 9:
PROJECT COMPLETION SCHEDULE
MONTH 10 : Project complete
MONTH 11 :
MONTH 12 :
MONTH 13 :
MONTH 14:
MONTH 15 :
MONTH 16 :
MONTH 17 :
SCHEDULED WORK Continues
MONTH 18 : PROJECT COMPLETE
C -4
- Subgrantee : Village of Lemont
Project Title : Single - Family (1/4 Units) Residential Rehabilitation
Project # : 94 -039
DETAILED PROJECT DELIVERY COSTS BREAKDOWN
C -5
Note: Colunm 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)
(col 2 x col 3)
(5) (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
Comm.Del. Director
$ 46,000
5.00%
$ 2,300
$ 650
$ 1,650
Chief Bldg Inspector
$ 32,000
40.00%
$ 12,800
$ 4,500
$ 8,300
Building Inspector
$ 28,000
15.00%
$ 4,200
$ 2,750
$ 1,450
Admin. Assistant
$ 18,000
20.00%
$ 3,600
$ 1,900
$ 1,700
Total Salaries
$ 124,000
$ 22,900
$ 9,800
$ 13,100
FRINGE BENEFITS:
(1)
(2)
(3) (4)
(col 2 x col 3)
(5) (6)
(col 4 - col 5)
Comm.Del. Director
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
Comm.Del. Director
$ 11,500
5.00%
$ 575
$ 275
$ 300
Chief Bldg Inspector
$ 8,000
40.00%
$ 3,200
$ 1,250
$ 1,950
Building Inspector
$ 5,600
15.00%
$ 840
$ 425
$ 415
Admin. Assistant
$ 4,500
20.00%
$ 900
$ 500
$ 400
Total Fringe
$ 29,600
$ 5,515
$ 2,450
$ 3,065
Subgrantee : Village of Lemont
Project Title : Single - Family (1/4 Units) Residential Rehabilitation
Project # : 94 -039
LINE ITEM BUDGET
C -6
PROJECT ACTIVITY
CDBG FUNDS
$ 0
MATCHING
$ 0
TOTAL
$ 0
Capital Improvement Construction
Single Family Rehabilitation
$ 62,750
$ 0
$ 62,750
Multi Family Rehabilitation
$ 0
$ 0
$ 0
Commercial Rehabilitation
$ 0
$ 0
$ 0
Economic Development
$ 0
$ 0
$ 0
Demolition / Clearance
$ 0
$ 0
$ 0
Acquisition / Relocation
$ 0
$ 0
$ 0
Fair Housing Activities
$ 0
$ 0
$ 0
Housing Counseling Activities
$ 0
$ 0
$ 0
Planning Grant
$ 0
$ 0
$ 0
Total Project Activity
$ 62,750
$ 0
$ 62,750
PROJECT DELIVERY
Staff Salaries
$ 9,800
$ 13,100
$ 22,900
Fringe Benefits
$ 2,450
$ 3,065
$ 5,515
Office Rent / Utilities
$ 0
$ 500
$ 500
Office Supplies
Postage
$ 0
$ 125
'$ 125
Printing
$ 0
$ 125
$ 125
Publication Notices
$ 0
$ 300
$ 300
Supplies
$ 0
$ 100
$ 100
Other:
$ 0
$ 0
$ 0
Project Travel (28 cents per mile)
$ 0
$ 50
$ 50
Professional Services
Architect
$ 0
$ 0
$ 0
Engineer
$ 0
$ 0
$ 0
Legal
$0
$500
$500
Accounting (Except Single Audits)
$ 0
$ 0
$ 0
Other:
$0
$0
$0
Total Project Delivery
$ 12,250
$ 17,865
$ 30,115
GRAND TOTAL
$ 75,000
$ 17,865
$ 92,865