R-388-95 11/13/95ITEM V.C.3.
VILLAGE OF LEMONT
RESOLUTION NO. 3S
DATE OF APPROVAL � /-,/ ? '7'5-
RESOLUTION AUTHORIZING THE EXECUTION OF CDBG SUBGRANTEE
AGREEMENT FOR ADA COMPLIANCE /HANDICAPPED ACCESSIBILITY FOR
SIDEWALKS AT INTERSECTIONS PROJECT NO. 95 -045
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, 1995 and September 30, 1996, 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 1995 program for ADA sidewalk compliance.
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 are hereby directed and
authorized to submit the Subgrantee Agreement, all understandings and assurances and to
execute the 1995 Community Development Block Grant Program Year Agreements with the
County of Cook, Illinois for Project Number 95 -045 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 1995 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 /31 .- day of Werliti , 1995.
Barbara Buschman
Alice Chin
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
AYES NAYS PASSED ABSENT
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CHARLENE M. SMOL EN, Village Clerk
Approved by me this J l [day of VieM77. 'Z` - , 1995.
Attest:
/ /-//..4'`'��__
CHARLENE M. SM • LLEN, Village Clerk
RICHARD KWASNESKI, Village President
COOK COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SUBGRANTEE
AGREEMENT
FOR: ADA COMPLIANCE
SUBGRANTEE: LEMONT
PROJECT TITLE: ADA Compliance /Handicapped Accessibility: 75 curb cuts in the
older portions of the Village.
PROJECT #: 95 -045
GRANT AMOUNT: $75,000.00
Prepared by the Cook County Department of Planning & Development
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 1995, 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 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, 1995,
through September 30, 1996, pursuant to said Act; and,
WHEREAS, if the Subgrantee is a Municipality deriving its authority from the "Illinois Municipal Code" (65
ILCS 5 et seq.), 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 Law of 1874" (60 ILCS
5/1 -1, et seq.);or
WHEREAS, if the Subgrantee is a Park District deriving its authority from the "Park District Code" (70 ILCS
1205/1 -1 et seq.) 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, ,e sea.) 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. 95 -045) 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 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.
4. Agreement to Undertake the Project.
The Subgrantee agrees to undertake the work and activities described herein and in its project summary (Exhibit
5. Grant Award.
The County hereby agrees to make a grant in a sum not to exceed $ 75000.00. The Subgrantee agrees to abide
by the Act and to use said funds solely for the purpose of paying for PROJECT NO. 95 -045 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.
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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.
may:
A. The Sub grantee 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 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.
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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 Sub grantee 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:
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.
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
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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.
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.
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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
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;
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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: Ms. Suzanne M. Hayes
Assistant Planning and Development Director
County Building - Room 824
118 North Clark Street
Chicago, IL 60602
TO THE SUBGRANTEE: The Honorable Richard A. Kwasneski, President
Village of Lemont
418 Main Street
Lemont, Illinois 60439
19. SIGNAGE
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, 1995, 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.
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BY:
Attest:
COUNTY OF COOK:
CHIEF ADMINISTRATIVE OFFICER
County of Cook
Cook County Clerk
County Seal:
Approved as to Form:
Assistant State's Attorney
grantee Official
Attest:CJ /11%G�i!?
Seal of Subgrantee:
Subgrantee Clerk/Secretary
Approved as to Form:
Subgrantee Attorney
ATTACH: Resolution
Exhibits
EXHIBIT A
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
8f95
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, 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 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 tune to time
(42 USC Section 12101, et seq.).
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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 91.115, 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 91.115.
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 long -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 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; the Program 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 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 (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, 84 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;
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 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 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
sea.), and, if applicable, that it is complying with the Federal Drug Free Workplace Act (41 U.S.C. Section 701, et
seq.).
Exhibit C - PROJECT SUMMARY
1995 Program Year
October 1, 1995 through September 30, 1996
Subgrantee : Village of Lemont
Address : 418 Main Street
Project Manager: Dana Jenkins
City, State, Zip : Lemont, Illinois 60439
Telephone : (708) 257 -1595
Project Title : Capital Improvement - ADA Compliance
Project # : 95 -045
Budget Authority : $ 75,000
Matching Funds : $ 50,125
Matching Funds : $ 19,700
SUMMARY PROJECT DESCRIPTION:
Acquisition Required :
Yes O No
Eligibility: LMI: ( ) Does Not Apply
Area Benefit
;? Limited Clientele
( ) Housing Activity
Job Creation/
\ - -1 Retention
Account #: 942 -847
HUD Eligibility Citation : 570.201 (k)
Source : Village Cap. Imp.Fund
Source : Village Lemont Gen. Fnd
Displacement Required : ( ) Yes (• ) No
Slum & Blight : (•) Does Not Apply
Area
(Spot
Project Area :
CENSUS TRACT(S) BLOCK GROUP(S) PERCENT LOW /MOD INCOME
Village Wide 100.00%
Presumed Limited
Benefit Clientele
Narrative:
a)
b)
c)
Designated Project Area:
SEE ATTACHED C - 2
Project Description:
SEE ATTACHED C - 2
Specific Anticipated Accomplishments:
SEE ATTACHED C - 2
See attached "Project Completion Schedule."
See attached "Line Item Budget Sheets."
Environmental Review Status:Categorically Excluded 24 CFR 58.35
AMENDMENT:
DATE :
Subgrantee : Village of Lemont
Project Title : Capital Improvement - ADA Compliance
Project # : 95 -045
PROJECT NARRATIVE
C -2
Designated Project Area :
Intersection improvements are proposed village -wide at all local street intersections not currently accessible for disabled
persons. The Village will allocate federal CDBG funds to complete intersection improvement in the older portion of the
Village.
Project Description :
As shown on attached map, all Village intersections have been inventoried. Those identified for construction are currently
not in compliance with the Americans with Disabilities Act, but are within Nillage jurisdiction. CDBG funds will be used to
complete those intersections in the older sections of the Village. Documentation is required to show the number of
persons /households assisted and their racial characteristics.
Specific Anticipated Accomplishments :
CDBG Capital Improvement funds will be used to complete approximately 75 intersection improvements in the older portions
of the Village.
Subgrantee : Village of Lemont
Project Title : Capital Improvement - ADA Compliance
Project # : 95 -045
PROJECT COMPLETION SCHEDULE
Note : "Month 1" represents the first month after receipt of the "Notice To Proceed ".
SCHEDULED WORK
MONTH 1 : Prepare and publish bid documents.
MONTH 2 : Award contract of lowest qualified bidder.
MONTH 3 : Begin construction.
MONTH 4:
Continue construction.
MONTH 5 : Complete construction.
MONTH 6:
MONTH 7:
C 3
• Subgrantee : Village of Lemont
Project Title : Capital Improvement - ADA Compliance
Project # : 95 -045
MONTH 8:
MONTH 9:
MONTH 10 :
MONTH 11 :
MONTH 12 :
MONTH 13 :
MONTH 14:
MONTH 15 :
MONTH 16 :
MONTH 17 :
PROJECT COMPLETION SCHEDULE
MONTH 18 : PROJECT COMPLETE
C -4
,
Subgrantee : Village of Lemont
Project Title : Capital Improvement - ADA Compliance
Project # : 95 -045
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) (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
Public Works Coor.
$ 38,000
40.00%
$ 15,200
$ 0
$ 15,200
Total Salaries
$ 38,000
$ 15,200
$ 0
$ 15,200
FRINGE BENEFITS:
(1)
(2)
(3)
(4) (5)
(col 2 x col 3)
(6)
(col 4 - col 5)
Public Works Coor.
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
Public Works Coor.
$ 9,500
40.00%
$ 3,800
$ 0
$ 3,800
Total Fringe
$ 9,500
$ 3,800
$ 0
$ 3,800
•
Subgrantee : Village of Lemont
Project Title : Capital Improvement - ADA Compliance
Project # : 95 -045
LINE ITEM BUDGET
C -6
PROJECT ACTIVITY
CDBG FUNDS
MATCHING
TOTAL
Capital Improvements
$ 75,000
$ 50,125
$ 125,125
Single 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
Public Service
$ 0
$ 0
$ 0
_Total _Project Activity
$ 75,000
$ 50,125
$ 125,125
PROJECT DELIVERY
Staff Salaries
$ 0
$ 15,200
$ 15,200
Fringe Benefits
$ 0
$ 3,800
$ 3,800
Office Rent / Utilities
$ 0
$ 700
$ 700
Office Supplies
Postage
$ 0
$ 0
$ 0
Printing
$ 0
$ 0
$ 0
Publication Notices
$ 0
$ 0
$ 0
Supplies
$ 0
$ 0
$ 0
Other:
$0
$0
$0
Project Travel (28 cents per mile)
$ 0
$ 0
$ 0
Professional Services (Need to be
Procured if Using CDBG
Architect
$ 0
$ 0
$ 0
Engineer
$ 0
$ 0
$ 0
Legal
$ 0
$ 0
$ 0
Accounting (Except Single Audits)
$ 0
$ 0
$ 0
Other:
$0
$0
$0
Total Project Delivery
$ 0
$ 19,700
$ 19,700
GRAND TOTAL
$ 75,000
$ 69,825
$ 144,825