R-69-08 - CDBG Subrecipient GrantRESOLUTION
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the
Village of Lemont that the President and the Clerk be and are hereby directed and
authorized to submit the Subrecipient Agreement, all understandings and assurances and
to execute the 2008 Community Development Block Grant Program Year Agreements
with the County of Cook, Illinois for Project No. 08 -027, a copy of which is on file with the
Clerk.
BE IT FURTHER RESOLVED by the President and Board of Trustees of the Village of
Lemont that the President be and is hereby directed and authorized to execute any and all
additional documents necessary to carry out the 2008 Community Development Block
Grant Program for the Village of Lemont.
Dated this 10th day of November, 2008.
ATTEST:
By: d Au/thAif
Secretary/Clerk (Signature
Title: Charlene M. Smollen, Clerk
CERTIFICATION
The undersigned and duly qualified Clerk of the Village of Lemont hereby certifies that the
attached copy of the Resolution authorizing execution of the 2008 Community
Development Block Grant Subrecipient Agreement with the County of Cook, Illinois is a
true and correct copy of said Resolution, as passed by the President and Board of
Trustees on November 10, 2008 , and which is still in full force and effect.
(date)
By: G-,cuLl..e,,,z,
Charlene Smollen, Village Clerk
COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM
PROGRAM YEAR 2008
October 1, 2008 through November 30, 2009
LEMONT
CDBG PY 2008
SUBRECIPIENT AGREEMENT
PROJECT NUMBER:
08 -027
AWARD:
$100,000
AWARDED TITLE:
Water /Sewer Improvements
FOR:
Capital Improvements
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUBRECIPIENT AGREEMENT
THIS AGREEMENT, made and entered into effective as of the first day of October 2008, by the
Village of Lemont and between the COUNTY OF COOK, a body politic of the State of Illinois, (hereinafter
referred to as the "County "), and the either an Illinois governmental entity or an Illinois Not - For - Profit
Corporation, (hereinafter referred to as the "Subrecipient ").
WITNESSETH:
WHEREAS, the County is a home rule unit pursuant to the 1970 Illinois Constitution, Article VII,
Section 6 and has been designated as an "Urban County" by the United States Department of 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, 2008 through September 30, 2009, pursuant to said Act; and,
WHEREAS, if the Subrecipient is a Municipality, it derives its authority from the "Illinois Municipal
Code" (65 ILCS 5/1 -1 -1, et seq.), and, if the Subrecipient is a home rule Municipality, from its home rule
powers as provided in the 1970 Illinois Constitution, Article VII, Section 6; or
WHEREAS, if the Subrecipient is a Township, it derives its authority from the "Township Code" (60
ILCS 1/1 -1, et seq.);or
WHEREAS, if the Subrecipient is a Park District, it derives its authority from the "Park District Code"
, (70 ILCS 1205/1 -1, et seq.) or;
WHEREAS, if the Subrecipient is a Housing Authority, it derives its authority from the "Housing
Authorities Act" (310 ILCS 10/1, et seq.); or
WHEREAS, if the Subrecipient is an Intergovernmental Agency, it derives its authority from the 1970
Illinois Constitution, Article VII, Section 10 and the "Intergovernmental Cooperation Act" (5 ILCS 220/1, et
seq.); and
WHEREAS, the 1970 Illinois Constitution, Article VII, Section 10 and the "Intergovernmental
Cooperation Act" (5 ILCS 220/1, et seq.) provide authority for intergovernmental cooperation; and
WHEREAS, if the Subrecipient is a Not - For - Profit Corporation, it derives its authority to operate in
Illinois pursuant to the "General Not For Profit Corporation Act of 1986" (805 ILCS 105/101.01 et seq.); and
WHEREAS, the Subrecipient has elected to participate in the County's Community Development
Block Grant ( "CDBG ") Program under the aforesaid Act and the County has the right and authority under said
Act to allocate a portion of its funds to the Subrecipient; and, the County has considered the application of the
Subrecipient for funds for the following purpose (including any special provisions) and has approved the
Project as described in the Subrecipient's Project Summary, attached hereto as Exhibit "C" which includes
a detailed description of the work, a complete budget and scheduled for completing the work within the
required allocated time and within its corporate or jurisdictional limits (hereinafter referred to as 08 -027.
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.
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2. Exhibits and Attachments.
A. The Subrecipient will comply with the provisions of the following Exhibits which are attached hereto,
made a part hereof and incorporated herein by reference:
1. An Equal Employment Opportunity Certificate (Exhibit "A ").
2. Assurances (Exhibit "B ").
3. Project Summary and Line Item Budget (Exhibit "C ").
4. Administrative Requirements (Exhibit "D ")
The execution of this Agreement by the Subrecipient is agreement that it understands that it is complying with and that
it will continue to comply with the certifications and assurances contained in Exhibits A, B. and D.
B. The Subrecipient will comply with the provisions of, and, where necessary, file the forms included in, the Cook
County Community Development Block Grant Program Manual of Administrative Procedures, as amended from time
to time, which is incorporated herein by reference as if fully set out herein. The Subrecipient will also comply with the
provisions of, and, where necessary, file forms included in the following handbooks, as amended from time to time,
which are incorporated herein by reference as if fully set out herein:
1. If the project is an acquisition project, or if it contains a temporary relocation component, HUD
Handbook 1378 Relocation and Real Property Acquisition and Cook County Real Property
Acquisition and Relocation Handbook; and
2. If the project is a residential rehabilitation project, the Cook County Manual of Administrative
Procedures for Residential Rehabilitation;
3. If the project has a housing related component coming within the scope of 24 CFR Part 35, the County
of Cook, Illinois Policies and Procedures for Lead -Based Paint in Housing Programs.
The Subrecipient shall also use the forms, documents, agreements, or contracts required for use by the County whether
included in said Manuals or provided separately therefrom, and as amended from time to time. For the purposes of
this Agreement and for the purposes of the CDBG Program, the term "Subgrantee" as used in forms, documents, other
agreements, contracts or as used in the Manuals shall mean Subrecipient.
All activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low- and
moderate - income persons; aid in the prevention or elimination or elimination of slums or blight; or meet community
development needs having a particular urgency, as defined in 24 CFR 570.208. The Subrecipient certifies that the
activities carried out under this Agreement will meet one of the aforementioned national objectives.
3. Administrative Regulations and Compliance.
The Subrecipient agrees, pursuant to 24 CFR Part 570, to comply with the provisions of the following:
A. The uniform administrative requirements set out in 24 CFR Section 570.502; and
B. All Federal rules and regulations described in Subpart K of 24 CFR Part 570; provided, however,
that the Subrecipient does not assume the County's responsibilities under 24 CFR Section
570.604 and 24 CFR Part 52.
C. Administrative Requirements pursuant to Exh. D
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4. Agreement to Undertake the Project.
The Subrecipient agrees to undertake the work and activities described herein and in its project summary
(Exhibit "C ").
5. Grant Award.
The County hereby agrees to make a grant in a sum not to exceed $100,000.00. The Subrecipient agrees to
abide by the Act and to use said funds solely for the purpose of paying for 08 -027 in accordance with the approved
Project Summary (Exhibit C). NO FUNDS MAY BE OBLIGATED PRIOR TO THE ISSUANCE BY THE COUNTY OF
THE NOTICE TO PROCEED.
6. Equal Employment Opportunity Compliance; Minority and Women Owned Businesses.
A. The Subrecipient agrees and authorizes the County and HUD to conduct on -site reviews, to examine
personnel and employment records and to conduct any other procedures, practices, or investigations to assure
compliance with the provisions of Exhibit "A" - Equal Employment Opportunity Certification, and, further will fully
cooperate therewith. The Subrecipient agrees to post HUD Notice No. 901 in conspicuous places available to
employees and applicants for employment.
B. The Subrecipient agrees that, to the greatest extent practicable, procurement for construction, professional
services, goods, and equipment will include minority and women -owned firms in the procurement process. The
Subrecipient may use the County's Directory of Minority Business Enterprises, Women Business Enterprises and
Disadvantaged Business Enterprises in its efforts to comply with this paragraph.
7. Compliance with Laws, Rules and Regulations; Performance Measurement Goals: and National
Objective
A. The Subrecipient shall at all times observe and comply with all laws, ordinances, rules or regulations of
the Federal, State, County and local governments, as amended from time to time, which may in any manner affect the
performance of this Agreement. The Subrecipient shall be liable to the County in the same manner that the County
shall be liable to the Federal Government, and, shall further be liable to perform all acts to the County in the same
manner the County performs these functions to the Federal Government. Provided, however, that the County may,
from time to time, impose stricter regulations or requirements than required by Federal laws, rules and regulations, and
that the Subrecipient hereby agrees to comply with said County regulations or requirements.
B. The Subrecipient understands and agrees that their activities and programs under the CDBG program are
designed to address the needs of low- income areas and that their performance and progress will be measured to that
end. The annual performance reports will be due to the County no later than the close of business September 1, 2009.
The subrecipients may draw reimbursement only up to 75% of the approved amount until the performance reports are
submitted. The Subrecipient will forfeit the remaining 25% of the approved amount in the event that the
performance reports are not submitted by September 1, 2009. The subrecipient understands and agrees that the
failure to submit timely performance reports will place future CDBG funding request in jeopardy. The County
reserves the right to deny request for future funding, in part or in whole, on the failure to comply with the
stated rules and regulations.
National Objectives.
C. Subrecipient agrees that all projects and their individual activities funded in whole or in part with
CDBG funds must meet one of three national objectives:
1. Benefit low and moderate income people in the following categories;
a. Area benefit activities
b. Limited clientele activities
c. Housing activities
d. Job creation
2. Aid in the prevention or elimination of slum and blight; and
3. Meet an urgent need.
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Subrecipient agrees that it will provide documentation to show the number of persons /households
assisted, their characteristics, gender of single head of household, and the number of low- and moderate- income
beneficiaries that were assisted. Written quantitative evidence that income qualifications were met is required to
support the eligibility of this project, as applicable.
8. Conflict of Interest.
A. The Subrecipient understands and agrees that no director, officer, agent or employee of the Subrecipient
may:
1. have any interest, whether directly or indirectly, in any contract (including those for the procurement of
supplies, equipment, construction or services), the performance of any work pertaining to this Agreement, the transfer
of any interest in real estate or the receipt of any program benefits;
2. represent, either as agent or otherwise, any person, association, trust or corporation, with respect to any
application or bid for any contract or work pertaining to the Agreement;
3. take, accept or solicit, either directly or indirectly, any money or other thing of value as a gift or bribe or
means of influencing his or her vote or actions.
Any contract made and procured in violation of this provision is void and no funds under this Agreement may be used
to pay any cost under such a contract. The purpose of this clause is to avoid even the appearance of a conflict of
interest.
B. The Subrecipient understands and agrees that any person who is a director, officer, agent or employee
of the Subrecipient who, either directly or indirectly, owns or has an interest in any property included in the project area
shall disclose, in writing, to the Board of the Subrecipient said interest and the dates and terms and conditions of any
disposition of such interest. All such disclosures shall be made public and shall be acknowledged by the Board and
entered upon the minute books of the Subrecipient as well as reported to the County. If an individual holds such an
interest, that individual shall not participate in any decision - making process in regard to such redevelopment plan,
project or area or communicate with other members concerning any matter pertaining to said redevelopment plan,
project or area. The Subrecipient agrees that all potential conflicts of interest shall be reported by the County to HUD
with a request for a ruling prior to proceeding with the project.
C. The Subrecipient agrees and understands that it and its officers, agents or employees must abide by all
provisions of 24 CFR Section 570.611, and of 24 CFR Section 85.36 or 24 CFR Part 84, as applicable.
D. The Subrecipient agrees and understands that shall it incorporate, or cause to be incorporated, the
provisions contained in this paragraph in all contracts or subcontracts entered into Pursuant to this Agreement.
E. In the event of failure or refusal of the Subrecipient to comply, the County may terminate or suspend in
whole or in part any contractual agreements with the Subrecipient pursuant to paragraph 17 of this Agreement and may
take any of the actions set out therein.
F. For the purpose of this paragraph, pursuant to 24 CFR Section 570.611(b), these conflict of interest
provisions apply only to those persons who:
1. exercise or have exercised any functions or responsibilities with respect to CDBG
activities assisted under the County program;
2. are in a position to participate in a decision making process or gain inside information
with regard to such activities;
3. may obtain personal or financial interest or benefit from the activity; or
4. have an interest in any contract or agreement with respect thereto or the proceeds
thereunder.
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G. For the purposes of this Agreement, a person will be deemed to include the individual, members of his or
her immediate family, his or her partners and any organization which employs or is about to employ any one of these,
and shall mean those persons set out in 24 CFR Section 570.611(c).
H. Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer /employee between the parties. The subrecipient shall at all
times remain an "independent contractor" with respect tot he services to be performed under this Agreement. The
County shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical
insurance and Workers Compensation Insurance, as the Subrecipient is an independent contractor.
9. Procedures After Executing the Agreement; Notice to Proceed.
After the execution of this Agreement, the County and the Subrecipient shall adhere to the following schedule:
A. The County Planning and Development staff will undertake the required environmental review for the
project.
B. Upon completion of the environmental review, the County shall assume the responsibility for obtaining the
"removal of grant conditions" pursuant to Section 104(h) of Title I of the Housing and Community
Development Act of 1974, as amended.
C. Upon receipt of a "Notice of Removal of Grant Conditions" from HUD, the County shall send the
Subrecipient, by first class, prepaid mail, a "NOTICE TO PROCEED ".
D. After issuance of the "NOTICE TO PROCEED ", the Subrecipient shall follow all procedures set out in the
Cook County Community Development Block Grant Program Manual of Administrative Procedures, and, where
necessary, the handbooks set out in section 2.B. of this Agreement.
10. Lobbying:
The Subrecipient hereby certifies that:
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in employee of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement;
B. If any funds other that Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan,
or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying" in
accordance with its instructions; and
C. It will require that the language of paragraph (d) of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all Subrecipients shall certify and disclose accordingly:
D. Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when this transaction
was
made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
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Hatch Act: Davis Bacon
A. The Subrecipient agrees that no funds provided, nor personnel employed under the Agreement, shall
be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the
U.S.C.
B. The Subrecipient agrees to comply with the requirements of the Davis -Bacon Act (40 U.S.C. 327 ct seq).
11. Copyright
If this contract results in any copyrightable material or inventions, the County and /or grantor agency reserves
the right to royalty -free, non - exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize
others to use, the work or materials for governmental purposes.
12. Religious Activities
The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious
activities prohibite by 24 CFR 570.200(j), such as workshop, religious instruction or proselytization.
13. Environmental Conditions
A. Air and Water
The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance
of this Agreement:
- Clean Air, 42 U.S.C., 7401, et seq;
- Federal Water Pollution Control Act, as amended, 31 U.S.C., 1251, et seq, as amended, 1318 relating
to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said
Section 114 and Section 308, and all regulations and guidelines issued thereunder:
- Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001),
the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management
Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is
obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including
rehabilitation).
C. Lead -Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance
provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR 570.608, and 24 CFR
Part 35, Subpart B. Such regulations pertain to all CDBG- assisted housing and require that all owners, prospective
owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -
based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and
precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of
blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found
on the property, abatement measures may be undertaken. The regulations further require that, depending on the
amount of Federal funds applied to a property, paint testing, risk assessment, treatment and /or abatement may be
conducted.
D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800,
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Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to
the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer
for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal,
state, or local historic property list.
E. Debris and Hazardous Substances
The Subrecipient shall not allow any contractor, subcontractor or other party to conduct any
generation, transportation, or recycling of construction or demolition debris, clean or general or uncontaminated soil
generated during construction, remodeling, repair and demolition of utilities, structures, and roads that is not
commingled with any waste, without the maintenance of documentation identifying the hauler, generator, place or origin
of the debris or soil, the weight or volume of the debris or soil, and the location, owner and operator of the facility where
the debris or soil was transferred, disposed, recycled or treated.
The Subrecipient further represents that it will perform due diligence in relation to any property that
is funded under this grant and that neither it or its contractors, subcontractors or other third parties have handled,
buried, stored, retained, refrained, refined, transported, processed, manufactured, generated, produced, spilled, allowed
to seep, lead, escape or leach, or pumped, poured, emptied, discharged, injected, dumped, transferred, or otherwise
disposed of or dealt with Hazardous Substances with respect to the Property in violation of any currently applicable
Environmental Laws.
The Subrecipient agrees to confirm that in relation to any property funded under this grant that there
has been no seepage, leak, escape, leach, discharge, injection, release, emission, spill, pumping, pouring, emptying,
dumping, or other release of Hazardous Substances in violation of any currently applicable Environmental Laws from the
Property onto or into any adjacent property or waters.
The Subrecipient affirms that it (nor its contractor, subcontractor or property owner to the best of its
knowledge under due diligence performed by the Subrecipient) will not use its grant monies to perform rehabilitation or repair
work on property that the owners or other parties have received notice from the governmental authority of a violation of
Environmental laws nor any request for information pursuant to section 204(e) of CERCLA with respect to the property.
The Subrecipient agrees to defend, indemnify and hold the County and its Officers, employees and agents
harmless from and against, and shall reimburse the County for, any and all losses, claims, liability, damages, costs, and
expense including but not limited to reasonable legal defense costs, attomey's fees, court costs, environmental consultant's
fees and advances, settlements, judgments, judgment interest, prejudgment interest or post judgment interest, for actions
or causes of action, economic loss, injunctive relief, injuries to person, property or natural resources, arising in connection
with the discharge, escape, release, or presence of any Hazardous Substance at or from the property whether foreseeable
or unforeseeable, regardless of the source of such release or when such release occurred or such presence is discovered
and whether such discharge, escape, release, or presence of any Hazardous Substance at or from the Property is by an
affirmative act or by omission by the Subrecipient or by the Subrecipient's officers, agents, employees or contractors. The
foregoing indemnity includes, without limitation, all costs of removal, remediation of any kind, and disposal of such Hazardous
Substance (whether or not such Hazardous Material may be legally allowed to remain in the Property if removal or
remediation is prudent), all cost of determining whether the Property is in compliance and causing the Property to be in
compliance with all applicable Environmental laws, all costs associated with claims for injunctive relief, damages to persons,
property, or natural resources or economic loss, and the County's reasonable attorneys' and consultants' fees and court costs.
14. Time to Start Project; Time to Finish Project.
A. The Subrecipient understands and agrees that all projects must be started within three (3) months
from the date of the "Notice to Proceed" from the County. Any written requests for exceptions or extensions must be
submitted and approved in writing within the three (3) months after the "NOTICE TO PROCEED" is issued.
B. The Subrecipient represents to the County that the aforesaid project shall be completed within twelve
(12) months from the receipt of the "Notice to Proceed" from the County. Any requests for extension beyond the twelve
(12) months to complete the project must be submitted in writing sixty (60) days before the end of the twelve (12)
months to complete. Upon completion or work stoppage, unused and /or unencumbered funds are to be promptly
returned to the County. The grant amount awarded hereunder must be completely expended within 12
months of the date of the Notice to Proceed; however, the Subrecipient understands and agrees
that it is to make efforts to actually expend all funds before the end of the Project Year for this
award on September 30, 2009.
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15. Records Maintenance.
A. The Subrecipient shall maintain during the term of this contract and for a period of five (5) years
thereafter complete and adequate financial records, accounts and other records to support all program expenditures.
These records and accounts shall include, but not be limited to, the following: a general ledger that supports the costs
charged to the CDBG program; records documenting procurement of goods and services; contracts for goods and
services, lease and rental agreements; invoices; billing statements; cancelled checks; timecards signed by employees
and supervisors; personnel authorization of records; payroll registers; payroll tax records; bank statements; bank
reconciliation reports; subcontractor agreements; schedules containing comparisons of budgeted amounts and actual
expenditures; and construction progress schedules signed by the appropriate party (i.e. general contractor and /or
architect).
B. The Subrecipient will give HUD, the Comptroller General, and the County, and any authorized
representative of each of them, access to all books, accounts, records, reports, files, and other papers, or property
pertaining to the administration, receipt and use of CDBG funds to necessitate such reviews and audits.
16. Return of Funds and Accounts Receivables; Expiration of Project.
The Subrecipient agrees that, upon the expiration of this Agreement, it shall transfer to the County all CDBG
funds on hand and all accounts receivable attributable to the use of CDBG funds which funds and accounts receivable
are traceable to this Agreement.
17. Prohibition on Assignment or Transfer of Agreement or Funds.
The Subrecipient shall not assign or delegate this Agreement or any part thereof and the Subrecipient shall not
transfer or assign any funds or claims due or to become due without the prior written approval of the County. Any
transfer, assignment or delegation of any part of this Agreement or any funds from this Agreement shall be a violation
of this Agreement and shall be of no effect. Violation of this provision may result in cancellation or suspension of funds,
or termination or suspension of this Agreement in whole or in part at the discretion of the County pursuant to paragraph
17 of this Agreement including any of the actions set out therein.
18. Blank Forms and Documents.
The Subrecipient shall, upon request of the County, submit any and all forms or blank forms, documents,
agreements and contracts to the County for review for compliance with program requirements. Such review shall not
be deemed to be approval of individual agreements or contracts entered into by the Subrecipient nor of items in said
forms, documents, agreements, and contracts not related to program requirements.
19. Obligation for Costs and Future Projects.
A. Neither the County nor any of its officers, agents, employees, or servants shall be obligated or bear
liability for payment of amounts expended by the Subrecipient in excess of the grant funds awarded under this
Agreement. Neither the County nor any of its officers, agents, employees, or servants shall be obligated or bear liability
for the performance of any obligations undertaken or costs incurred by the Subrecipient, participants in a program
funded under this Agreement or contractor hired pursuant to a program funded under this Agreement. The allocation
of funds under this Agreement shall in no way obligate the County to operate or construct any project provided for under
the provisions of this Agreement. No County funds other than the amount of CDBG funds specified herein and received
from HUD by the County shall be disbursed to the Subrecipient pursuant to this Agreement.
B. This Agreement neither obligates nor precludes the County from further accepting or distributing funds
nor restricts nor limits the powers of the County to use such funds pursuant to the provisions of the Act.
C. This Agreement neither obligates nor precludes the Subrecipient from further accepting funds or
assistance pursuant to the Act.
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D. The Subrecipient agrees that all cost overruns are the responsibility of the Subrecipient. The
Subrecipient further agrees that it shall be solely liable for the repayment of unused funds, program income
funds, or disallowed, unauthorized or ineligible expenses. Any actions taken by the County pursuant to
paragraph 17 of this Agreement shall not affect the liability of the Subrecipient for the repayment of the funds.
20. Indemnification.
A. The Subrecipient shall indemnify the County, and its officers, agents, employees, or servants, against
and hold them harmless from all liabilities, claims, damages, losses, and expenses, including but not limited to legal
defense costs, attorney's fees, settlements, judgments, prejudgment interest, or post judgment interest whether by
direct suit or from third parties arising out of any acts, commissions, or omissions of the Subrecipient and its officers,
agents, employees or servants, of a recipient or potential recipient of any moneys or benefits from the Subrecipient,
of a participant in a program operated pursuant to this Agreement, of a contractor hired pursuant to a program operated
under this Agreement, or any officers, agents, employees, or servants of any of these, in a claim or suit brought by any
person or third party in connection with this Agreement or from any claim or suit by any person or third party against
the County or any of its agents, officers, employees, or servants.
B. In the event a claim or suit is brought against the County, or its officers, agents, employees, or servants
for which the Subrecipient is responsible pursuant to subparagraph A. of this paragraph, the Subrecipient will defend,
at its own cost and expense, any suit or claim and will pay any resulting claims, judgments, damages, losses, expenses,
prejudgment interest, post judgment interest, or settlements against the County, or its officers, agents, employees or
servants.
C. The indemnification obligation under this paragraph shall not be limited in any way to the limitations
on the amount or type of damages, compensation or benefits payable by or for the Subrecipient under any law or by
the amount of or limitations on insurance coverage, if any, held by the Subrecipient.
21. Suspension or Termination of Agreement.
A. The Subrecipient agrees that, pursuant to 24 CFR Sections 85.43 and 570.503(b)(7), if the County
determines that the Subrecipient:
1. has not complied with or is not complying with;
2. has failed to perform or is failing to perform; or
3. is in default under any of the provisions of the Agreement whether due to failure or inability to
perform or any other cause whatsoever; the County, after notification to the Subrecipient by
written notice of said non - compliance or default and failure by the Subrecipient to correct said
violations within ten (10) business days, may.
a. suspend or terminate this Agreement in whole or in part by written notice, and /or:
b. demand refund of any funds disbursed to Subrecipient;
c. deduct any refunds or repayments from any funds obligated to, but not expended by the
Subrecipient whether from this or any other project;
d. temporarily withhold cash payments pending correction of deficiencies by the Subrecipient or
more severe enforcement action by the County;
e. disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the
activity or action not in compliance;
f. withhold further awards for the program;
g. take other remedies legally available; or
h. take appropriate legal action.
B. The County may send written notice suspending , effective immediately, the performance of the work
under this Agreement, if it determines in its sole discretion, that it is necessary for the efficiency of the Program or to
9
safeguard the Program. The Subrecipient may be given up to ten (10) business days to come into compliance;
provided, however, the County may also take any of the actions listed subparagraph A. hereof.
C. The County may send written notice to the Subrecipient suspending or terminating the Agreement in
whole or in part effective immediately if it determines, in its sole discretion, that the Subrecipient has, including but not
limited to:
1. used or is using fraudulent, coercive or dishonest practices;
2. demonstrated or is demonstrating incompetence, untrustworthiness, or financial irresponsibility; or
3. endangered or is endangering the life, safety, health or welfare of one or more persons in the conduct or
performance of the work set out in Exhibit C hereto. The County may also take any of the actions listed
in subparagraph A. of this paragraph; provided, however, that said actions may be taken effective
immediately rather than upon ten (10) days written notice.
D. The Subrecipient agrees that, pursuant to 24 CFR Sections 85.44 and 570.503(b)(7), this Agreement may be
terminated for convenience, in whole or in part, as follows:
1. by the County, with consent of the Subrecipient, in which case the Subrecipient shall agree upon the
termination conditions, including the effective date, and, in the case of partial termination, the portion to be
terminated; or
2. by the Subrecipient, upon written notification to the County, setting forth the reasons for such termination
the effective date, and in the case of partial termination, the portion to be terminated; provided, however, that
if the County determines that the remaining portion of the grant will not accomplish the purpose for which the
grant was given the County may terminate the entire grant under either 24 CFR Section 85.43 or 85.44(a).
E. The written notice given under any of the subparagraphs of this paragraph may be delivered by regular mail,
certified mail return receipt requested, facsimile or personal service.
22. Notice.
Notice and communications under this Agreement shall be sent first class, prepaid mail to the respective parties
as follows:
TO THE COUNTY:
TO THE SUBRECIPIENT:
23. SIGNAGE
Mr. Maurice S. Jones, Director
Cook County Department of Planning and Development
69 W. Washington, 29th Floor
Chicago, IL 60602
The Honorable John Piazza, President
Village of Lemont
418 Main Street
Lemont, IL 60439 -3788
That the Subrecipient hereby agrees to permit appropriate signage, prepared and erected by the County, of
the County's participation in the project.
10
24. Effective Date; Close Out of Grant.
This Agreement shall be effective as of the first day of October, 2008, and shall continue in effect for all periods
in which the Subrecipient has control over CDBG funds including Program Income, and until this project is closed out
in accord with grant closeout procedures established by the County. For the purpose of this Agreement and applicable
Federal rules and regulations, this Agreement shall be deemed expired when the County gives written notice that the
grant is closed.
[THE REMAINDER OF THIS PAGE PURPOSEFULLY LEFT BLANK.]
11
COUNTY OF COOK:
BY:
Director of Planning and Development (Signature) Printed Name
County of Cook
Attest:
Cook County Clerk (Signature) Printed Name
County Seal:
Approved as to Form:
SUBRECIPIENT:
BY:
Assistant State's Attorney (Signature) Printed Name
Subrec'•ien Official (Sig - ture)'
TITLE: VIL ' GE PRESIDENT
ATTEST:
JOHN F. PIAZZA
Subrecipient Official (Printed Name)
CHARLENE M. SMOLLEN
Subrecipient Clerk/Secretary (Signature) Subrecipient Clerk/Secretary (Printed Name)
Su • recipient Seal:
Approved as to
ATTACH:
ecipient Attorn
its
olution
12
John Antonopoulos, Esq.
GWOMENEXXxxSMGEBERxxx
Subrecipient Clerk/Secretary (Printed Name)
SUBRECIPIENT VILLAGE OF LEMONT
ADDRESS
James Cainkar
Planner I Tim Kleist
...................... ............................... _..............
418 Main Street
CITY Lemont
ZIP 60439 -3788
(630) 257 -1595 (630) 243 -0958 jimcainkar @franknovotnyengineering.com
PROGRAM MANAGER PHONE
PROJNUM IDIS No. PROJECT TITLE
08 -027
Account #:
9428225 - 580170.100
FAX E -MAIL
Water /Sewer Improvements
Eligibility Citation Budget Amount Award Match
570.208(a)(1) $100,000 $85,000
SUMMARY PROJECT DESCRIPTION:
Eligibility: LMI
Does Not Apply
Area Benefit
1 'Limited Clientele
NARRATIVE.
Awarded Location
Source 1
Corporate Funds
Match 2 Source 2
Slum Blight
Housing Activity Does Not Apply
Job Creation /Retention Area
Census Tracts
Spot
Block Groups
Is Acquisition Required?
rives
No
UM Income %
8240.01
3 56.2
Project area is Illinois Street from Holmes to Grant in Lemont, IL.
AWARDED Project Description
Replace 6" watermains with 10" watermains ( 350 I.f.). on Illinois from Holmes to Grant.
Specific Anticipated Accomplishments
Construction of 400 ft. of 10" watermain by September, 2009.
Environmental Review
1Categorically Excluded (24 CFR 58.35)
Amendment
Amendment Date
Planner
Tim Kleist
SUBRECIPIENT
Village of Lemont
Month 1
PROJECT COMPLETION SCHEDULE
Project Number Page
08 -027 C -2
Project design phase.
Month 2
Receive project and permit approvals.
Month 3
Project bid.
Month 4
Project awarded to contractor.
Month 5
Construction.
Month 6
Construction.
SUBRECIPIENT
Village of Lemont
Month 7
PROJECT COMPLETION SCHEDULE
Project Number
08 -027
Page
C -3
Project complete.
Month 8
Month 9
Month 10
Month 11
Month 12
Project Complete
SUBRECIPIENT
Village of Lemont
Project Number Page
1 08 -027 C -4
STAFF SALARIES
Note: Column 4 cannot exceed Column 2 times Column 3. The sum of Column 5 and Column 6 cannot exceed Column 4.
(1)
Position Classification
TOTAL SALARIES:
(1)
Position Classification
(2)
Annual Salary
$0
(3) (4)
of time spent Salary Utilized (5)
on Project for Project CDBG Portion
FRINGE BENEFITS
(3)
(2) % of time spent
Annual Fringe on Project
$0
$0
$0
$0
$0
$0
(4)
Fringe Utilized
for Project
(6)
Project Match
$0
$0
$0
$0
$0
$0
(5) (6)
CDBG Fringe Match Fringe
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
TOTAL FRINGE BENEFITS: $0 $0 $0 $0
SUBRECIPIENT
Village of Lemont
PROJECT ACTIVITY:
Capital Improvement
Single- Family Rehabilitation
Economic Development
Demolition /Clearance
Acquisition
Relocation
TOTAL PROJECT ACTIVITY:
LINE ITEM BUDGET
CDBG Funds
$100,000
$100,000
Matching Funds
$60,000
$60,000
Project Number Page
I 08 -027 C -5
TOTAL
$160,000
$0
$0
$0
$0
$0
$160,000
Administration and Planning Grants include Fair Housing activities. Public Service Grants include Housing Counseling
activities. Proiect Activity costs for these projects should be indicated below as Project Delivery costs.
Project Delivery
Staff Salaries
Fringe Benefits
'Office Rent/Utilities
Postage
Printing (Rental Equipment)
Publication /Notices
Project Travel @ $.505 per mile
Other:
Other:
Professional Services:
CDBG Funds
$0
$0
Matching Funds
$0
$0
Architect
Engineering
Legal
Accounting (except Single Audit)
$25,000
TOTAL
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$25,000
$0
$0
Other: $0
Other: $0
TOTAL PROJECT DELIVERY:
$0
CDBG Grand Total
$100,000
$25,000
Match Grand Total
$85,000
$25,000
Grand Total
$185,000