HomeMy WebLinkAboutRESOLUTION - 32-96 - 6/11/1996 - GOVERNMENTAL AGRMT/COOK COUNTYRESOLUTION NO. 32-96
• • M ZMA—W MII 'H ••>L101•041 . • oil F -H
M DI• • �/�• • 71'J 1 ' H• 91i I• 7101 1 H
• BI H'• 'H • 1 • •WIMP]•
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Elk Grove Village:, Counties of Cook and DuPage, State of
Illinois that the Village President: and the Village Clerk be and are hereby
directed and authorized to submit the Subgrantee Agreement, all
understandings and assurances and to execute a 1996 Community Development
Block Grant Program Year Agreements with the County of Cook, Illinois, a
copy of which is on file with the Village Clerk.
BE IT FURTHER RESOLVED BY THE President and Board of Trustees of the
Village of Elk Grove Village that the Village President and Village Clerk
be and are hereby directed and authorized to execute any and all additional
documents necessary to carry out the 1996 Community Development Block Grant
Program for the infrastructure improvements related to the Northwest
Housing Partnership senior housing project at 912 Landhmeier Road.
Section 1: That this Resolution shall be in full force and effect
from and after its passage and approval according to law.
VOTE: AYES: 5 NAYS: 0 ABSENT: 1
PASSED this 11th day of June , 1996.
APPROVED this 11th day of June 1996.
Dennis J. Gallitano
Village President
ATTEST:
Patricia S. Smith
Village Clerk
COOK COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SUBGRANTEE
AGREEMENT
FOR:
SUBGRANTEE:
PROJECT TITLE:
PROJECT #:
Capital Improvement
Elk Grove Village
EGV Senior Housing - Infrastructure Improvements
94-108c
GRANT AMOUNT: $50,000
CONSTRUCTION/COMMERCIAL REHABILITATION
GRANT AGREEMENT
CONTENTS:
AGREEMENT/ (GOVERNMENTAL)
EXHIBIT A Equal Employment Opportunity Certificate
3rCiIBIT B Assurances
EXHIBIT C Project Summary
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 Elk
Grove village, an Illinois governmental entity, (hereinafter referred to as the "Sponsor").
N.! r SUMY.S 3"t;
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 seg.l, and, if the Subgrantee is a home rune 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 sea.l;or
WHEREAS, if the Subgrantee is a Park District deriving its authority from the "Park District Code" (70 ILCS
1205/1-1, et seal or;
WHEREAS, if the Subgrantee is a Housing Authority deriving its authority from the "Housing Authority
Act" (3 10 ILCS 10/1, et sea.); 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 sea ); and
WHEREAS, the 1970 Illinois Constitution, Article VII, Section 10 and the "Intergovernmental Cooperation
Act" (5 ILCS 220/1, et 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. 94-108C) 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:
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 Cou= 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 ProVeM Acq isst itiorl 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 "C").
5. Grant Award.
The County hereby agrees to make a grant in a sum not to exceed S 50,000.00. The Subgrantee agrees to
abide by the Act and to use said funds solely for the purpose of paying for PROJECT NO. 94-IOSC in accordance
with the approved project summary (Exhibit Q. NO FUNDS MAY BE OBLIGATED PRIOR TO THE
ISSUANCE BY THE COUNTY OF THE NOTICE; TO PROCEED.
6. Equal Employment Opportunity Compliance; Minority and Women Owned Businesses.
A. The Subgrantee agrees and authorizes the County and HUD to conduct on-site reviews, to examine
personnel and employment records and to conduct any other procedures, practices, or investigations to assure
compliance with the provisions of Exhibit "A" - Equal Employment Opportunity Certification, and, further will fully
cooperate therewith. The Subgrantee agrees to post HUD Notice No. 901 in conspicuous places available to
employees and applicants for employment.
B. The Subgrantee agrees that, to the greatest extent practicable, procurement for construction,
professional services, goods, and equipment will include minority and women -owned firms in the procurement
process. The Subgrantee may use the County's Directory of Minority Business Enterprises, Women Business
Enterprises and Disadvantaged Business Enterprises in its efforts to comply with this paragraph.
7. Compliance with Laws, Rules and Regulations.
The Subgrantee shall at all times observe and comply with all laws, ordinances, rules or regulations of the
Federal, State, County and local governments, as amended from time to time, which may in any manner affect the
performance of this Agreement. The Subgrantee shall be liable to the County in the same manner that the County
shall be liable to the Federal Government, and, shall further be liable to perform all acts to the County in the same
manner the County performs these functions to the Federal Government.
8. Conflict of Interest.
A. The Subgrantee understands and agrees that no director, officer, agent or employee of the Subgrantee
may:
1. have any interest, whether directly or indirectly, in any contract (including
those for the procurement of supplies, equipment, construction or services), the
perfoi-mance 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 aooearance 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 CER 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
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.
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 parry
against the County or any of its agents, officers, employees, or servants.
B. In the event a claim or suit is brought against the County, or its officers, agents, employees, or
servants for which the Subgrantee is responsible pursuant to subparagraph A. of this paragraph, the Subgrantee will
defend, at its own cost and expense, any suit or claim and will pay any resulting claims, judgments, damages, losses,
expenses, prejudgment interest, post judgment interest, or settlements against the County, or its officers, agents,
employees or servants.
C. The indemnification obligation under this paragraph shall not be limited in any way to the limitations
on the amount or type of damages, compensation or benefits payable by or for the Subgrantee under any law or by
the amount of or limitations on insurance coverage, if any, held by the Subgrantee.
17. Suspension or Termination of Agreement.
A. The Subgrantee agrees that, pursuant to 24 CFR Section 85.43, if the County determines that the
Subgrantee:
1. has not complied with or is not complying with;
2. has failed to perform or is failing to perform; or
3. is in default under any of the provisions of the Agreement
whether due to failure or inability to perform or any other cause whatsoever; the County, after notification to the
Subgrantee by written notice of said non-compliance or default and failure by the Subgrantee to correct said
violations within fifteen (15) days, may:
a, suspend or terminate this Agreement in whole or in part by written notice, and/or:
b. demand refund of any funds disbursed to Subgrantee;
C. deduct any refunds or repayments from any funds obligated to, but not expended by the Subgrantee
whether from this or any other project;
d. temporarily withhold cash payments pending correction of deficiencies by the Subgrantee or more
severe enforcement action by the County;
e. disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity
or action not in compliance;
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 Dennis J. Gallitano, President
Village of Elk Grove
901 Wellington Ave.,
Elk Grove Village, IL 60007
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.
COUNTY OF COOK:
BY:
CHIEF ADMINISTRATIVE OFFICER
County of Cook
Cook County Clerk
County Seal:
Approved as to Form:_
Assistant State's Attorney
SUBGRANTEE:
BY: Dennis S. Gallitano
Subgrantee Official
Attest:_ Patricia S. Smith
Subgrantee Clerk/Secretary
Seal of Subgrantee:
Approved as to Form: George Knickerbocker
Subgrantee Attorney
ATTACH: Resolution
Exhibits
MHIBIT A
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
COUN'T'Y 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:
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 it 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
MIIBIT 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 91.1.15.
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 Comorehensive 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.
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 s .), 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 seg. .
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. 4.821-4846); 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 Fane 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 sen.), and, if applicable, that it is complying with the Federal Drug Free Workplace Act (41 U.S.C.
Section 701, et_gse .).
xhibit C - PROJECT SUMMARY ]
1995 Program Year - October 1, 1995 through September 30, 1996
Subgrantee : Village of Elk Grove Village
Address : 901 Wellington Avenue City, State, Zip : Elk Grove Village, II. 60007
Project Manager: Gary E. Parrin Telephone : (847) 439-3900
Project Title : EGV Senior Housing - Infrastructure Improvements
Project # : 94-108C
Budget Authority: $ 50,000
Matching Funds : $ 3,850,000
Matching Funds : $ 1,700,000
SUMMARY PROJECT DESCRIPTION:
Acquisition Required: O Yes * No
Eligibility:
Project Area
LMI: O
Does Not Apply
O
Area Benefit
O
Limited Clientele
*
Housing Activity
OJob
Creation/
Retention
Account #: 942-847
HUD Eligibility Citation: 570.201c
Source Home Tax Credits
Source : IHDA Trust/ Pvt. Finac
Displacement Required: O Yes * No
Slum & Blight: * Does Not Apply
O Area
O Spot
CENSUS TRACT(S) BLOCK GROUP(S) PERCENT LOW/MOD INCOME
Narrative:
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: Env!ronmental Review Required 24 CFR 58.36
AMENDMENT: DATE
Subgrantee : Village of Elk (rove Village
Project Title : EGV Senior Huusing - Infrastructure Improvements
Project # : 94-I OSC PROJECT NARRATIVE
Designated Project Area :
The subject site is located at 912 Landmeier Road, approximately 1.5 miles from the intersection of Arlington Hts. &
Landmeier Road in Elk Grove Village.
Project Description :
C-21
Construction of extended public water & sanitary sewer & make improvements in the public right-of-way to service Phase I
of a low income senior housing development (80 units). Sources & use of funds are as follows.
SOURCES
HOME 1,350,000
CDBG 50,000
Private 1,200,000
Syndicated Equity
LIHTC 2,500,000
IHDA (Trust) 500,000
Total $5,600,000
USES
LAND 460,000
CONSTRUCTION 4,049,697
Contingency 198,123
Developers Fee 350,000
Soft Costs 539,180
Syndication Cost 3,000
Total 5,600,000
The Subgrantee agrees to repay to the Cook County Community Development Block Grant Program the full grant amount
as specified herein if the development of eighty (80) low income senior citizen housing units does not occur at the project
site within eighteen (18) months of the Notice to Proceed. The housing will be kept affordable to very low income seniors
for thirty (30) years. The village has agreed to waive all building, engineering and development fees saving approximately
$50,000.
Specific Anticipated Accomplishments :
Installation of 290 linear feet of off site sanitary sewer & 100 linear feet of water connections; construction of right of way
work including concrete curb, paving, sidewalk & landscaping.
Sutagrantee : Village of EIS grove Village
Project Title ; EGV Senior reusing - Infrastructure Improvements
Project # : 94-108C
PROJECT COMPLETION SCHEDULE
Note : "Month 1" represents the first month after receipt of the "Notice To Proceed".
SCHEDULED WORK
MONTH 1 : Complete A/E Plans/Specifications.
MONTH 2 : Building Permit Received.
MONTH 3 : Project Loan Closings.
MONTH 4 : Construction Start.
MONTH 5 : Public water & sanitary sewer 8 Public Improvements in the right of way along Landmeier Road.
MONTH 6:
MONTH 7:
Subgrantee : Village of Elk Grove Village
Project Title : EGV Senior h. using - Infrastructure 'Improvements
Project # : 94-108C
PROJECT COMPLETION SCHEDULE
MONTH 8:
MONTH 9:
MONTH 10. Preleasing Begins.
MONTH 11 :
MONTH 12:
MONTH 13 : Construction Complete.
MONTH 14: Initial Occupancy.
MONTH 15 : Rent Up Complete.
MONTH 16 : Sustaining Accuracy.
MONTH 17:
MONTH 18: PROJECT COMPLETE
C-4
Subgrantee : Village of Elk r ve Village
Project Title : EGV Senior Housing - Infrastructure Improvements
Project # : 94-108C
DETAILED PROJECT DELIVERY COSTS BREAKDOWN
Note: Colunm 4 cannot exceed Column 2 times Column 8. The sum of Column 5 and Column 6 cannot exceed Column 4.
STAFF SALARIES:
(1) (2) (3) (4) (5) (6)
(col 2 x col 3) (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
Total Salaries
FRINGE BENEFITS:
(1) (2) (3) (4) (5) (6)
(col 2 x col 3) (col 4 - col 5)
Position
Classification
Annual
Fringe
Benefits
Percent of
Time
Spent on this
Project
Fringe
Utilized in
this Project
CDBG
Portion
for this
Project
Matching
Portion for
this
Project
Total Fringe
$ubgra,gtee : Village of Elk Grnve Village
Project Title • EGV Senior Houma ng - Infrastructure Improvements
Project # : 94-108C
LINE ITEM BUDGET
C-6
PROJECTACTIVITY
CDBG•
$ 0
'
Capital Improvements
$ 50,000
$ 5,550,000
$ 5,600,000
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. -
If $ 50,000
$ 5,550,000
$ 5,600,000
Staff Salaries $ 0 $ 0 $ 0
Fringe Benefits $ 0 $ 0 $ 0
Office Rent/ Utilities $ 0 $ 0 $ 0
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 :
Total ProjectDelivery
GRAND•
$ 0
$ 0
$ 0
$0
$ 50,000
$0
$ 5,550,000
$0
$ 5,600,000