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HomeMy WebLinkAboutRes 36-83 08/16/1983 ~ , RESOLUTION NO. 36-83 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND PARKSIDE HUMAN SERVICES CORPORATION WHEREAS, the Village of Mount Prospect is a receipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the Mayor and Board of Trustees of the Village of Mount Prospect that Parkside Human Services shall be a sub-receipient of said Community Development Block Grants funds for the purpose of providing an adult day care center within the corporate boundaries of the Village of Mount Prospect. NOW, THEREFORE,. BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Village President of the Village of Mount Prospect, and the Village Clerk is hereby authorized to attest her signature, on An Agreement for Community Development Block Grant Implementation, which Agreement is between the Village of Mount Prospect and Parkside Human Services Corporation, a not-for-profit corporation~ saîd Agreement is attached to this Resolution. SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg NAYS: None ABSENT: None PASSED and APPROVED this l6thdayof August ,1983. \ MãY~1-- /I ~(' -.-- ATTEST: ß ~ ¿f-/. 0 Á1foo ~'~¿1 . Village Clerk ^)" , " ,"-~ -. - . r\ " .- -, AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT IMPLEMENTATION This agreement made this 17th day of August, 1983, by and between the Village of Mount Prospect (hereinafter referred to as "The Village") and PARKSIDE HUMAN SERVICES CORPORATION (hereinafter referred to as "The Subrecipient") whose officers and/or directors are: ARNOLD N. JOHNSON, CHAIRMAN OF THE BOARD RICHARD P. GUSTAFSON, PRESIDENT and which is established and operates under the following authority: NOT-FOR-PROFIT CORPORATION CHARTERED AND OPERATING UNDER THE LAWS OF THE STATE OF ILLINOIS Recitals 1) The Village is a recipient of funds under Title 1 of the Housing and Community Development Act of 1974 (Public Law 93-383), as amended, under grant number B-83-MC-17-0027, and 2) Subrecipient seeks approval as a Subrecipient under said grant for Community Development Block Grant funds to conduct the following activity(ies): RENOVATION OF THE FORMER BUSSE SCHOOL BUILDING FOR USE AS AN ADULT DAY CARE FACILITY, INCLUDING: 1. SITE WORK (PAVING AND RAILINGS) 2. HANDICAPPED ACCESS RAMP AT NORTH ENTRANCE 3. MODIFICATION OF TWO WASHROOMS FOR HANDICAPPED ACCESS 4. AIR CONDITIONING 5. GENERAL INTERIOR RENOVATION Now, therefore, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1) Subrecipient agrees that the funds received pursuant to this agreement shall solely be devoted to the activity(ies) and in the manner described herein, and that no alteration in the activity(ies) shall be made except as authorized by the Village in writing. 2) Subrecipient agrees to submit to the Village a quarterly report setting forth the progress and status of the activity(ies) during the reporting period; 3) The Village agrees to pay to subgrantee a maximum total payment of $26,120.00 from its Community Development Block Grant funds on a cost-reim- bursement basis. Such sum shall be paid within a reasonable time of submission to the Village of such documentation as deemed necessary by the Village, including but not limited to bills, lien waivers, statements, invoices and payroll sheets, for work completed on the activity, provided, however, that payment shall be made only upon completion of the activity or for work com- pleted. In no event shall the Village's obligation for funds exceed the amount actually expended for the activity. 4) Subrecipient shall provide to the Village a copy of any contract or agreement entered into by Subrecipient using funds awarded under this Agreement, immediately upon execution of such contract or agreement. 5) Subrecipient covenants and agrees to adhere to the following requirements of the United States Department of Housing and Urban Development, where applicable to its activity: - I - . . ~ A) Compliance with Environmental Review Procedures Subrecipient shall.cooperate with the Village in its responsibilities pursuant to HUD's Environmental Review Pro- cedures, 24CFR Part 58, as amended, and shall permit the Village or its designees or employees to conduct site inspections, conduct appropriate tests, examination of applicable documents, and such other activities as the Village deems appropriate in order to fulfill its responsibilities in the implementation of the policies of the National Environmental Policy Act of 1969. The Village shall not make any payments contemplated under this Agreement until the environmental review process has been completed by the Village in accordance with the foregoing Environmental Review Procedures, nor may any costs be incurred by Subrecipient until completion of Environmental Review unless exempt from such Environmental Review. B) Equal Employment Opportunity: 1. Activities and contracts not subject to Executive Order l1246, as amended. In carrying out the program, the Subrecipient shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Subrecipient shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising¡ layoff or termination¡ rates of payor -other forms of compensation; and selection for training, in- cluding apprenticeship. The Subrecipient shall post in con- spicuous places, available to employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this non-discrimination clause. The Subrecipient shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The subgrantee shall incorporate the foregoing requirements of this paragraph (1) in all of its contracts for program work, except contracts governed by subparagraph (2) of this paragraph and will require all of its contractors for such work to incorporate such requirements in all subcontracts for program work. 2. Contracts subject to Executive Order 11246,as amended Such contracts shall be subject to HUD Equal Employment Oppor- tunity regulations at 24 CFR Part 130 applicable to HUD assisted construction contracts. The Subrecipient shall cause or require to be inserted in full in any nonexempt contract and subcontract for construction work, or modification thereof, as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The con- tractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employ- ment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The contractor ... 2 - . ' n agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. b) The contractor will, in all solicitations or advertise- ments for employees placed by or on behalf of the, contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c) The contractor will send to each labor union or repre- sentative or workers with which he has a collective bargaining agreement or other contract or under- standing, a notice to be provided by the Contract Compliance Officer advising the labor union or worker's representatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24,1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further procedures authorized in Executive Order 11246 of September 24,1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g) The contractor will include subparagraphs a) through g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 25,1965, so that such provisions will be binding upon each subcontractor or vendor. The con- tractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, in- cluding sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved, in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the united States to enter int such litigation to protect the interest of the United States. The Subrecipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the Subrecipient so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on - 3 - " f'\ 11 or under the contract. The Subrecipient agrees that it will assist and co- operate actively with the village or the Department and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal oppor- tunity clause and the rules, regulations, and relevant orders of the Secretary of Labor; that it will furnish, the Village or the Department and the Secretary of Labor such information as they may require for the supervision of such compliancel and that it will otherwise assist the Village and Department in the discharge of their responsibility for securing compliance. The Subrecipient further agrees that it will refrain from entering into any contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Exe- cutive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D of the executive order. In addition, the Subrecipient agrees that if it fails or refuses to comply with these undertakings, the Village may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part the grant, funding or loan guaranteel refrain from extending any further assistance to the Subrecipient under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Subrecipientl and refer the case to the State's Attorney or the Secretary of Labor for appropriate legal proceedings. C) Federal Labor Standards provisions: Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, the Subrecipient and all contractors engaged under contracts in excess of $2,000 for the construction, prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement~ shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3,5, and Sa, governing the payment of wages and the ratio of apprentices and trainees to journeymen: Provided, that if wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obli- gation, if any, to require payment of the higher rates. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5 and, for such contracts in excess of $10,000, 29 CFR 51.3. Subrecipient shall administer and enforce the labor standards requirements set forth in 24 CFR, Part 570.605 and HUD regulations issued to implement such requirements. No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. D) Compliance with Requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. - 4 - n This agreement is subject to the requirements of the Uniform Relocation Assistance and Real Property Acquisition policies Act of 1970 (PL 91-646), as amended, and applicable regulations of the United States Department of Housing and Urban Development (24 CFR Part 42). In acquiring real property in connection with projects funded in whole or part pursuant to this Agreement, Subrecipient shall be guided to the greatest extent practicable under,state law by the Real Property Acquisition Policies set forth under section 301 and 302 of the foregoing Act. Sub- recipient shall payor reimburse property owners for necessary expenses as specified in Sections 303 and 304 of the Act, and inform affected persons of the benefits, policies and procedures provided for under the aforementioned regulations. Subrecipient shall provide fair and reasonable relocation payments and assistance in accordance with Sections 202, 203 and 204 of the foregoing Act and Regulations, to or for families, individuals, partnerships, corporations or associations displaced as a result of any acquisition of real property for the project, and shall provide relocation assistance programs offering the services described in 205 of the Act to such displaced families, individuals, partnerships, corporations or associations in the manner provided under applicable Department of Housing and Urban Development Regulations. Subrecipient assures that, within a reasonable time prior to displacement, decent, safe, sanitary replacement dwellings will be available to such displaced families or individuals in accordance with Section 205(c) (3) of the foregoing Act, and that such housing will be available in the same range of choices to all such displaced persons regardless of their race, color, religion, nation of origin, sex or source of income. Subrecipient will carefully use the entire relocation process in such a manner as to provide such displaced persons with uniform and consistent service including any services required to ensure the relocation process does not result in separate or different treatment to such displaced persons on account of their race, color, religion, nation of origin, sex or source of income. E) Compliance with Federal Management Circular Requirements This agreement is subject to the regulations, policies, guidance and requirements of Federal Management Circular A-87 and OMB Circular No. A-I02, Revised, as they relate to the appli- cation, acceptance and use of federal funds for this federally assisted program, and all requirements imposed by the United States Department of Housing and Urban Development concerning special requirements of law, program requirements and other administrative requirements approved in accordance with OMB Circular No. A-I02, Revised. F) Compliance with Provision Governing Nondiscrimination in Housing This Agreement is subject to Executive Order 11063 as amended by Executive Order 12259 and the implementing Regulations of 24 CFR Part 107 concerning equal opportunity in housing and nondiscrimination in the sale or rental of housing built with federal assistance provided that the project to be funded pursuant to this Agreement involves the construction of resi- dential housing. G) Nondiscrimination in the Administration of the Project This Agreement is subject to Section 109 of the Housing and Community Development Act of 1974, and the Regulations issued pursuant thereto (24CFR 570.601). Subrecipient shall not exclude from participation in, deny the benefits of, nor subject to discrimination any person, on the ground of race,color,nation of origin or sex, in connection with the program project or activity - 5 - .. funded in whole or in part pursuant to this Agreement. H) Nondiscrimination Under Title VIII of the Civil Rights Act of 1968 This Agreement is subject to Title VIII of the Civil Rights Act of 1968 (P.L. 90-284) as amended, and Subrecipient agrees to administer all programs and activities relating to housing and community development in a manner to affirmatively further fair housing; and will take action to affirmatively further fair housing in the sale or rental of housing, the financing of housing, and the provision of brokerage services within its jurisdiction. I) Nondiscrimination Under Title VI of the Civil Rights Act of 1964 This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto including the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agree- ment, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex, or national origin, in the sale, lease or rental, or in the use or occupancy of such land or any improve- ments erected or to be erected thereon, and providing that the Subrecipient, Village and the Unites States are beneficiaries of and ~ntitled to enforce such çovenant. Obligations of Subrecipient with Respect to Certain Third Party Relationships: Subrecipient shall comply with all lawful requirements of the Village necessary to insure that the program with respect to which assistance is being provided under Village's Agreement with the United States Department of Housing and Urban Development is carried out in accordance with the Village's Assurances and certifications, including those with respect to the assumption of environmental responsibilities of the Village under section 104(h) of the Housing and Community Development Act of 1974. J) K) Interest of Members, Officers, or Employees of the Village Subgrantee Members of Local Governing Body, or Other Public Officials: No member, officer, or employee of the Village or sub- recipient, or their respective designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year there- after, shall have any interest, direct or indirect, an any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. "Section 3" Compliance in the provision of Training, Employment and Business Opportunities: This Agreement is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968 (12 USC 170lu), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder prior to the HUD authorization of the Funding Approval. Section 3 of the Act requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to eligible L) - 6 - . business concerns which are located in, or owned in substantial part by, persons residing in the area of the project. The Subrecipient shall cause or require to be inserted in full in all contracts and subcontracts for work financed in whole or in part with assistance provided under this Agreement the section 3 clause set forth in 24 CFR 135.20(b). M) Flood Disaster Protection This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234) and Executive Order 11988 which relates to the floodplain management. No portion of the assistance provided under this Agreement is approved for acquisition or construction purposes as defined under section 3(a) of said Act, for use in an area identified by the Secretary as having special flood hazards which is located in a community not then in compliance with the requirements for participation in the national flood insurance program pursuant to section 20l(d) of said Act; and the use of any assistance provided under this Agreement for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of section 102(a) of said Act. N) Compliance with Architectural Barriers Act of 1968 This Agreement is subject to the Architectural Barriers Act of 1968,42 USC 4151, which requires that the design of any facility constructed in whole or in part with funds received under this agreement, comply with the "American Standard Speci- fication for Making Buildings and Facilities Accessible, and Usable by the Physically Handicapped", Number A-l17.1R-1971, [as modified (41 CFR 101-19.603]. 0) Lead-Based Paint Hazards The construction or rehabilitaiton of residential structures with assistance provided under this Agreement is subject to the HUD Lead-Based Paint regulations, 24 CFR Part 35, and sub- recipient shall cooperate with the Village in its responsi- bilities for the inspections and certifications required under section 35.14(f) thereof. P) Compliance with Air and Water Acts This Agreement is subject to the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., the regulations of the Environmental Protection Agency with respect thereto, at 40 CPR Part 15, as amended from time to time and Executive Order 11988 which relates to avoidance to the extent possible the long and short term adverse impacts associated with the occupancy and modifications of floodplains and to avoid direct or indirect support of floodplain development where ever there is a practicable alternative. Q) Subrecipient Assurances Subrecipient hereby assures and certifies with respect to the funding received pursuant to this Agreement that: I) It possesses legal authority to apply for the funding and to execute the proposed program. 2) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the filing of the application, including all understandings and assurances contained therein, and directing and designating the authorized represen- - 7 - , , . . , . 3) R) 1) tative of the applicant to act in connection with the application and to provide such additional information as may be required. It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. 4) It will comply with the provisions of the Hatch Act which limit the political activity of employees. It will allow HUD, the Comptroller General and the Village, through any authorized representative, access to and the right to examine all records, books, papers or documents related to the grant. 5) 6) It will observe local prevailing wage rates in con- tracting for construction activities under this Agreement. Termination for Cause During the implementation of the project which is the subject of this Agreement, the Village may, in its sole discretion, suspend or terminate the contract for improper or ineffective use of funds, failure to comply with any of "the terms of the agreement, sub- mission of incorrect or incomplete reports, or the occurrence of any circumstance rendering impossible the performance of the contract. In the event that Village elects to suspend its performance of the contract for any of the foregoing reasons, it shall withhold payment of funds until such time as the violation or breach is remedied to the satisfaction of the Village. No action taken or withheld by the village under this paragraph R shall relieve Subrecipient of the liability to the Village for any funds expended in violation of any of the terms of this agreement, and further provided that Subrecipient shall indemnify the Village for any claim made or judgement obtained by the United states of America arising out of acts omissions or circumstances constituting violations of this Agreement. 2) Subrecipient agrees to hold the Village harmless from and defend any claim, demand, loss or judgement arising out of its use of the funds received under this Agreement, including but not by way of limitation, any claim, demand, loss or judgement arising out of the construction of any facility, the condemnation of any property or any action of Subrecipient or any of its officers, directors, employees, agents or designees which is alleged to have violated the civil rights of any person under any law or constitutional provision of the United States or the State of Illinois. S) National Historic Preservation Act This agreement is subject to the National Historic Preser- vation Act of 1966, as amended (16 U.S.C. 470), which provides for protection of properties of historical, architectural, archeological and cultural significance at the national, State and local levels. Section 106 of the National Historic Preser- vation Act requires that any federally assisted undertakings affecting properties included or eligible for inclusion in the National Register of Historic Places be submitted to the Advisory Council on Historic Preservation for review and comment prior to approval of any such undertaking. - 8 - ,s' . . . .'- À <ó .. T) Age Discrimination This agreement is subject to the Age Discrimination Act of 1975, as amended, (Pub. L. 94-135) and any Regulations hereafter issued pursuant thereto. Subrecipient shall not exclude from participation in, deny the benefits of, nor subject to discri- mination any person on the basis of age, except as provided by Sections 304(b) and 304(c) of said Act, in connection with the program project or activity funded in whole or in part pursuant to this Agreement. U) Nondiscrimination toward Handicapped Individuals This agreement is subject to Section 504 of the Rehabi- litation Act of 1973, as amended, (Pub. L. 93-112) and any implementing Regulations hereafter issued pursuant thereto. Subrecipient shall not exclude from participation in, deny the benefits of, nor subject to discrimination any otherwise quali- fied handicapped individual, as defined in Section 7 (6) of said Act, in connection with the program project or activity funded in whole or in part pursuant to this Agreement. In witness whereof,-the parties hereto have entered into this agreement as of the date first above written. pr~ /I ¡{~ Mount PÇb~P~Ft Board of Trustees - .~. - - ArrEST: 7JfY~ - -Village Clerk Subrecipient - - - 9 -