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HomeMy WebLinkAboutRes 12-10 05/04/2010 Resolution No. 12-10 A RESOLUTION ACCEPTING A GRANT FROM THE ILLINOIS HOUSING DEVELOPMENT AUTHORITY FOR HOME BUYER ASSISTANCE PROGRAM WHEREAS, with the passage of Resolution No. 30-00, a First Time Homebuyer's Assistance Program was established in the Village of Mount Prospect; and WHEREAS, the Village's 2010 - 2014 Consolidated Plan determined that homeownership within the Village was difficult for low and moderate-income households; and WHEREAS, in April 2007 the Corporate Authorities of the Village of Mount Prospect determined that it was in the best interests of the Village and first time homebuyers to amend the program with the passage of Resolution No. 08-07; and WHEREAS, the Corporate Authorities of the Village of Mount Prospect ("Village") have determined that it is in the best interests of the Village to enter into a Grant Agreement ("Grant Agreement") with the Illinois Housing Authority ("Authority"), as program administrator of the HOME Investment Partnerships Program for the State of Illinois (Grant Agreement attached as Exhibit "A"); and WHEREAS, the Authority agrees to make a grant ("Grant") to the Village of Mount Prospect, which shall be used by the Village to identify homebuyers who will be eligible to receive from the Authority, forgivable loans to help finance the acquisition, all in accordance with the terms and conditions set forth in the Grant Agreement; and WHEREAS, the Village President or her designee is hereby authorized and empowered to execute and deliver in the name of or on behalf of the Village the Grant Agreement and any and all amendments, modifications and supplements thereto, and to execute and deliver such additional documents, instruments and certificates as may be necessary or desirable for the Village to perform its obligations under the Grant Agreement; and WHEREAS, the Village President or her designee is hereby authorized and directed to take such additional actions to make further determinations, to pay such costs to execute and deliver such additional instruments (including any amendments, agreements or supplements) as she deems necessary or appropriate to carry into effect the foregoing resolution. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF ITS HOME RULE POWERS: Section One: That the Board of Trustees authorizes the President of the Village of Mount Prospect to execute a Grant Agreement with the Illinois Housing Development Authority for the Home Buyer Assistance Program, and the Village Manager to execute such other documents as maybe necessary to comply with the terms of that Agreement, to administer grants under that Agreement, or as may be requested by the Authority in relation to that Agreement. Section Two: The Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 4th day of May, 2010. ~~7f'#/~ frvana K. Wilks Mayor ~ ~. //. .. ,i M. isa Angell . Village Clerk H: \CLKO\WI N\RESOLUTION\I HDAfirsttimehomebuyersprogrammal201 O. doc Pat Quinn, Governor A, February 26, 2010 Village of Mount Prospect 50 South Emerson Street Mount Prospect, Illinois 60056 Attn: Janet Saewert Re: Conditional Commitment Letter for Village of Mount Prospect (SHB-50256) Dear Ms. Saewert: The Illinois Housing Development Authority ("Authority") is a body politic and corporate of the State of Illinois, created by and existing pursuant to the Illinois Housing Development Act, 20 ILCS 3805/1 et~. (1994) ("IHDA Act"). The Authority has been designated the program administrator of the HOME Investment Partnerships Program ("HOME Program") for the State of Illinois, as authorized by Title II ofthe National Affordable Housing Act of 1990 (P.L. 101-165) ("HOME Act"), the regulations promulgated thereunder and codified at 24 CFR, Part 92 ("HOME Regulations") and the Authority's rules for the HOME Program, codified at 47 Ill. Adm. Code, Part 371 ("IHDA Rules"), all as may be amended and supplemented from time to time. The Authority receives funding for this program from the United States Department of Housing and Urban Development ("HUD"), CFDA number 14.239. All capitalized terms not defined in this Letter shall have the meanings established in the IHDA Rules and the HOME Regulations. The Authority agrees to allocate funds (for purposes hereof, a "Grant") in the maximum amount of Thirty-One Thousand Five Hundred and Noll 00 Dollars ($31,500.00) from the HOME Program to the Village of Mount Prospect, an Illinois unit of local government ("State Recipient"), for State Recipient's program ("Homebuyer Program") to identify qualified homebuyers (each, a "Homebuyer") that may receive loans from the Authority to help finance the acquisition and rehabilitation of approximately three (3) single-family residences (each a "Residence" and collectively, the "Residences") located in the Village of Mount Prospect, lIIinois, and to be identified at a later date. The Grant shall be subject to the contingencies, terms and conditions set forth below. A. CONTINGENCIES: The Authority's performance of its obligations under this Conditional Commitment Letter (this "Letter") is contingent upon: 1. the Illinois General Assembly, HUD, or other federal funding source making a sufficient appropriation offunds for the HOME Program; 401 N. Michigan Ave., Suite 700. Chicago, IL 60611 . 312.836.5200 MAIN. 312.836.5222 TDD . www.ihda.org 2. the Illinois General Assembly, HUD, or other federal funding source making a sufficient appropriation or grant offi..mds for the Homebuyer Program to permit the State Recipient to operate the Homebuyer Program as required and to fulfill its obligations under this Letter; 3. funds that have been appropriated or granted by the Illinois General Assembly, BUD, or other federal funding source for the HOME Program or the H0mebuyer Prograni are not de-appropriated or allocated for another purpose; 4. evidence satisfactory to the Authority of each Homebuyer's commitment to provide not less than One Thousand and No/IOO Dollars ($1,000.00) toward the purchase of the applicable Residence; 5. evidence satisfactory to the Authority of a commitment or commitments from one or more local [mandaI institutions to provide fIrst mortgage loans to the Homebuyers in amounts satisfactory to the Authority; 6. fi..mds necessary for the Authority, iD the Authority's sole discretion, to operate the HOME Progmm are insufficient for any reason; and 7. the State Recipient's fulfillment of each and evelY term and condition set forth in this Letter to the Authority's sole satisfaction, including, without limitation, closing of the transaction contemplated hereunder on or before the Effective Date (as hereinafter defined). Notwithstanding the foregoing, the Authority's performance shall at all times remain contingent upon its determination, in its sole discretion that on each date upon which funds from the Grant are to be disbursed to a Homebuyer in connection with the purchase of a Residence the funds received from all sources listed above, plus any additional funds committed for the Residence, will be sufficient to pay for the acquisition of the Residence. B. GENERAL CONDITIONS: This Letter and the Grant shall be subject to the terms and conditions of the HOME Act, the HOME Regulations, the IHDA Act and the IHDA Rules, all as they may be amended and supplemented from time to time. State Recipient shall cooperate with the Authority at all times with respect to the implementation and enforcement of the terms and conditions of the HOME Act, the HOME Regulations, the IHDA Act and the IHDA Rules. Proceeds of the Grant shall be used only for such purposes as may be specifically approved in advance by the Authority for each disbursement thereof, subject in all events to the limitations set forth in the HOME Act, the HOME Regulations, the IHDA Act and the lliDA Rules. In addition, the State Recipient shall review and become familiar with the HOME Program requirements set forth in the Authority's HOME Homebuyer Program Implementation Manual (as amended and implemented from time to time, the "Program Manual"). The Program Manual shall be incorporated into this Letter by this reference. C. TERMS AND CONDITIONS OF THE GRANT. The Grant shall be subject to the following terms and conditions: 1. Amount of Grant. The Grant shall not exceed Thirty-One Thousand Five Hundred and Noll 00 Dollars ($31,500.00). 2 2. Grant A2reement. State Recipient shall enter into a Grant Agreement ("Grant Agreement") with the Authority, setting forth the terms and conditions governing the disbursement and use of the proceeds of the Grant. The Grant Agreement shall contain provisions that may include, but are not limited to, the following: (a) Use of Grant Proceeds. The State Recipient shall identify Homebuyers participating in the Homebuyer Program eligible to receive five (5) year or ten (10) year, no interest loans (each a "Loan") to pay for costs of acquiring and rehabilitating Residences. If the HOME Program fi..mds comprising the Loan are less than Fifteen Thousand Dollars ($15,000), then one-sixtieth (1/60th) of the Loan shall be forgiven at the end of each month of the Loan. If the HOME Program funds comprising the Loan are Fifteen Thousand Dollars ($15,000) or more, then the Loan shall be secured by a second mortgage, and one- one hundred twentieth (1I120th) of the Loan shall be forgiven at the end of each month of the Loan. (b) Lead Based Paint. Each Residence shaH comply with the Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. 4821, et seq., and its implementing regulations, 24 C.F.R Part 35, each as respectively amended from time to time, and other applicable federal, state and local laws regulating lead-based paint and lead-based paint hazards. (c) Term and Use of Grant Proceeds. The Grant proceeds shall be available for Loans to Homebuyers identified by the State Recipient for a period of one (1) year. From the Effective Date through the first anniversary of the Effective Date ("First Year"), fifty percent (50%) of the Grant shall be available for Loans to Homebuyers ("First Year Funds"). From the first anniversary of the Effective Date through the second anniversary of the Effective Date ("Second Year"), the remaining amount of the Grant, if any, shall be available for Loans to Homebuyers. Notwithstanding the foregoing, the actual amount of Grant proceeds available in the Second Year shall be determined by the Authority, in its sole discretion, based on the State Recipient's achievement of certain production goals and criteria established by the Authority. Prior to the end of the First Year, at least fifty percent (50%) of the Grant shall have been either (i) actually advanced to Homebuyers in the forms of Loans (collectively "Expenditures"), or (ii) subject to an Unconditional Commitment to Expend (as hereinafter defmed). In the event that State Recipient has made Expenditures and Unconditional Commitments to Expend for the First Year in an amount less than the First Year Funds (collectively "Allocated Expenditures") such deficiency in Allocated Expenditures compared to First Year Funds shall not be carried over and shall not be made available for use by the State Recipient during the Second Year. In addition the deficiency in Allocated Expenditures compared to First Year Funds will result in a commensurate reduction in the amount of the Grant that will be available to the State Recipient in the Second Y ear (e.g., if the Allocated Expenditures in the First Year are, in the aggregate, forty percent (40%) of the First Year Funds, during the Second Year the maximum amount of the Grant that the State Recipient may be entitled to receive shall be forty percent (40%) of the First Year Funds). For purposes hereof an "Unconditional Commitment to Expend" shall mean those funds not yet actually distributed by the Authority, but are specifically identified and reserved for use in State Recipient's records 3 for (i) the acquisition of a Residence and the related renovation thereof pursuant to a contract not subject to any contingencies entered into during the First Year but not scheduled to be closed until the Second Year; or (ii) renovation costs of a Residence that was acquired during the First Year but the renovation thereof will not be completed until the Second Year. 3. Homebuver Pro1!ram A1!reement. Each Loan shall be governed by the terms of an agreement (the "Homebuyer Program Agreement") between the State Recipient and the Homebuyer that is to receive the Loan. For each Loan, the applicable Homebuyer Program Agreement shall provide that, except in the event of a Recapture Event (as hereinafter defined), the Loan shall be forgiven in its entirety at the end of its term. For purposes of this subparagraph, a "Recapture Event" shall mean the earliest to occur of the following: (i) the sale, conveyance or other transfer of ownership of the Residence for consideration, excluding for purposes hereof any sale, conveyance or transfer (A) to a spouse upon a dissolution of a marriage, (B) to the surviving spouse upon the death of a joint tenant Homebuyer, (C) by will or (D) by foreclosure or deed in lieu of foreclosure or otherwise by operation of law; (ii) the Residence is no longer the Homebuyer's principal residence or the Homebuyer converts the Residence to a rental unit; (iii) the refinancing of the first mortgage, if any, encumbering the Residence during the Loan term, except for a Permitted Refinancing (as hereinafter defined); (iv) a dcfault by the Homebuyer, beyond any applicable cure period, under the Homebuyer Program Agreement or any other docmnent evidencing the Loan. In the event of such Recapture Event, the Homebuyer shall repay to the Authority the unforgiven portion of the Loan, as set forth in subparagraph 2.(a) above, provided that, with respect to any sale, conveyance or transfer described in clause (i) above, the Loan shall be repaid only from the "net proceeds," if any, of such sale, conveyance or transfer, and any portion of the Repayment Amount (as defined in the Recapture Agreement, defmed below) in excess of such "net proceeds" shall be forgiven. For purposes of this subparagraph, "net proceeds" shall mean the proceeds of sale minus documented capital improvement costs incurred by the Homebuyer, principal payments made to the first mortgagee and the Homebuyer's initial contribution to the cost of acquiring the Residence. If none of the events described in clauses (i), (ii), (iii) or (iv) above occurs prior to the expiration of the Loan term, or if any sale, conveyance or transfer of the Residence occurs due to a foreclosure or deed in lieu of foreclosure as aforesaid, the Loan shall be forgiven in its entirety. All repayment obligations described in this subparagraph shall be set forth in a recapture agreement between the State Recipient and each Homebuyer ("Recapture Agreement"), which Recapture Agreement shall be recorded in the office of the County Recorder for the County in which the Residence is located. As used herein, the term "Permitted Refinancing" shall mean a refmancing to lower the interest rate, decrease the loan term or lower the monthly payment of such first mortgage loan; it shall not include a refinancing that increases the outstanding balance of such first mortgage loan, increases the interest rate or by any other means reduces the Homebuyer's equity in the Residence or increases the Homebuyer's obligations. Any Permitted Refmancing must be approved by the Authority, in writing, in advance. 4. Income Limitation. Homebuyers selected to participate in the Homebuyer Program shall have a gross annual income, adjusted for family size ("Income"), less than or equal to eighty percent (80%) of the median income for the metropolitan statistical area in which the Residence to be rehabilitated is located, as determined by HUD ("Median Income"). 4 5. Residence Value. The appraised value of each Residence after rehabilitation shall not exceed Two Hundred Seventy Five Thousand Two Hundred and Noll 00 Dollars ($275,200.00) for Cook County, as amended from time to time by HUD, or such other amount as may be required by HUD. If at any time after the date of this Letter, HUD requires such appraised value be modified, the Authority will notify the State Recipient of such other amount in writing. 6. Disbursement of Grant Proceeds. The Authority shall disburse the proceeds of the Grant as provided in the Grant Agreement. The proceeds of the Grant shall be used only for: (i) down payment and closing cost assistance for each Residence up to a maximum of Ten Thousand and NollOO Dollars ($10,000); provided that assistance for closing costs in connection with the acquisition of each Residence, shall in no event exceed Two Thousand and NollOO Dollars ($2,000); (ii) costs of rehabilitating the property, in the approximate amount of Twenty- Eight Thousand and NollOO Dollars ($28,000) if applicablt'; and (iii) project delivery costs (as described in the Program Manual) payable to the State Recipient with respect to each Loan, not to exceed fifteen percent (15%) of the applicable Loan amount; provided that the total amount of Grant proceeds disbursed in connection with a Residence shail not e.\ceed Forty Thousand and NollOO Dollars ($40,000); provided fUliher, that all costs described in clauses (i) through (iii) :lbOVt~ must be Eligible Project Costs and must be approved in advance by the Authority 7. Limitation on HOME Program Downpayment Subsidy. The I-lOME Program downpayment subsidy combined with the homebuyer's contribution (including cash, grants from other sources, and gifts) shall not exceed the lesser of $10,000 or 20% of the purchase price. If the analysis of sources of downpayment reflects no need for HOME downpayment assistance, the home buyer is ineligible to participate in a Homebuyer Program receiving funds from the HOME Program. 8. Effective Date. The Effective Date shall be no later than June 15, 2010 (the "Effective Date"), unless otherwise agreed in writing by the parties. State Recipient ACKNOWLEDGES THAT TIME IS OF THE ESSENCE WITH RESPECT TO THE EFFECTIVE DATE AND THAT IN NO EVENT SHALL THE AUTHORITY BE UNDER ANY OBLIGATION TO EXTEND THE EFFECTIVE DATE. 9. Grant Documents. Prior to the Effective Date, the State Recipient shall deliver to the Authority three (3) original copies of the Grant Agreement, executed by the State Recipient where indicated, in form and substance satisfactory to the Authority, and such other documents as the Authority or its counsel may require pursuant to the Grant Agreement, or otherwise, in its sole discretion. This Letter, the Grant Agreement and such other documents are hereinafter collectively referred to as the "Grant Documents". 10. Other Showinl!s. Not less than ten (10) business days prior to the Effective Date, the State Recipient shall, at its sole cost and expense, deliver to the Authority the following documents, in form and substance satisfactory to the Authority: Copies ofthe following documentation: 1. Resolution or ordinance of the State Recipient, certified by the clerk or other authorized municipal official acceptable to the 5 Authority, dated not more than ninety (90) days prior to the Effective Date, authorizing the transactions contemplated by this Letter; 2. Certificate of Incumbency of the State Recipient indicating those officers and/or officials who are authorized to execute and deliver the applicable documents required by Paragraph C.9 hereof, with specimen signatures of those officers and/or officials, certified by an authorized officer or official of the State Recipient, as of a date within ninety (90) days prior to the Effective Date; (b) Participant Selection Plan; and (c) Any and all other documents and showings requested by the Authority or its counsel, in their sole discretion. 11. PrOlI!:.?l!l.5c~Q.U)~. The State Recipient has agreed to the Program Schedule attached hereto as Exhibit A and acknowledges that (i) time is of the essence with respect to the deadlines set forth therein and (ii) failure by the State Recipient to achieve such deadlines may result in the loss of or reduction in Grant proceeds. Notwithstanding the foregoing, the Authority, in its sole and absolute discretion, may at any time, and from time to time, extend the deadlines set forth in the Program Schedule. 12. State Recipient's Eli2ible Fees. The State Recipient may retain, as project delivery costs (as described in the Program Manual), up to fifteen percent (15%) of the HOME Program funds expended for hard costs and soft costs (both, as described in the HOME Regulations) expended for each Residence, provided that such project delivery costs are documented Eligible Project Costs specific to such Residence. 13. Homebuver Counselin2. Counseling shall be provided as part of this program. All applicants receiving pre-approval letters must participate in an educational course on homeownership prior to making an offer to purchase a Residence and must obtain a certificate of completion. In addition, post-occupancy counseling from the State Recipient or an acceptable third-party provider to the Homebuyer is highly recommended. D. GENERAL PROVISIONS. 1. Assi2nment. This Letter is not assignable by the State Recipient, in whole or in part. 2. Termination. If the conditions of the making of the Grant set forth in the Grant Documents are not met on or before the Effective Date, except by reason of the Authority's default under this Letter or the Grant Agreement, this Letter shall, at the Authority's election, immediately terminate and be of no further force and effect. 6 3. No Personal Liability. No member, officer, agent or employee of the Authority, its successors and assigns shall be liable personally concerning any matters arising out of or in connection with the undertakings or obligations set forth in this Letter. 4. Time for Acceptance. The terms and conditions of this Letter shall not become effective unless the State Recipient accepts it by executing three (3) copies of this Letter where indicated, and three (3) copies of the Contract Certifications, Debannent Certification, the TIN Disclosure, the Books and Records Certification and the Drug-Free Workplace Certification attached to this Letter as Exhibits B, C, D, E and F, respectively, in the space provided for signature thereon, and returning two (2) original copies to Tracy Shine, Esq., c/o the Illinois Housing Development Authority, 401 North Michigan Ave., Suite 700, Chicago, Illinois 60611, within sufficient time so that such ori1!inals are received on or before March 10,2010. 5. Publicity. The Authority reserves the right to publicize the issuance of this Letter and the making of the Grant. The State Recipient shall notify the Authority immediately of any formal publicity in connection with the Homebuyer Program that is arranged or promoted by the State Recipient or any other party participating in the Homebuyer Program. Formal publicity includes, but is not limited to, participation in :-:C\VS conferences and media events such as ground breaking and dedication ceremonies. The use of the Authority's name in any signage is subject to the Authority's prior written consent. 6. Survival of Obli2ations. The State Recipient's obligations as set forth in this Letter shall survive the Effective Date and the making of the Grant, and the State Recipient shall continue to cooperate with the Authority and furnish any documents, exhibits or showings required hereunder. In the event of a conflict between the terms and conditions of this Letter and those of the Grant Agreement, those of the Grant Agreement shall control. 7. Notices. Any notice, demand, request or other communication which any party may desire or may be required to give to any other party hereunder shall be given in writing, at the addresses set forth below, by any of the following means: (a) personal service; (b) overnight courier; or (c) registered or certified United States mail, postage prepaid, return receipt requested. If to the State Recipient: Village of Mount Prospect 50 South Emerson Street Mount Prospect, Illinois 60056 Attn: Janet Saewert Ifto the Authority: Illinois Housing Development Authority 401 N. Michigan, Suite 700 Chicago, Illinois 60611 Attn: Legal Department Such addresses may be changed by notice to the other party given in the same manner as herein provided. Any notice, demand, request or other communication sent pursuant to either 7 subsection (a) or (b) hereof shall be served and effective upon such personal service or upon dispatch by such electronic means. Any notice, demand, request or other communication sent pursuant to subsection (c) shall be served and effective one (1) business day after deposit with the overnight courier. Any notice, demand, request or other communication sent pursuant to subsection (d) shall be served and effective three (3) business days after proper deposit with the United States Postal Service. . 8. Waiver of JUry Trial. State Recipient AND THE AUTHORITY EACH HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER TillS LETTER OR OTHERWISE RELATED TO THE TRANSACTION CONTEMPLATED HEREBY OR ARISING FROM THE RELATIONSHIP WHICH IS THE SUBJECT OF THIS LETTER AND AGREES THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY. 9. Liability of the Authority. In no event shall the Authority be liable to State Recipient for consequential or incidental damages, including, without limitation, lost profits, whatever the nature of the breach by the Authority of its obligafions under this Letter or in connection herewith. 10. Fundin2. The parties acknowledge that this Grant is to be fi..mded with monies provided by BUD, and that the Authority is under no obligation to authorize such funds for any disbursement of Grant proceeds unless and until all necessary preconditions to disbursement set forth in the Grant Documents shall have been satisfied to the Authority's satisfaction, and that significant time delays might result from the funding of such monies by HOD. Without limiting the generality of Paragraph 9 above, in no event shall the Authority be liable to State Recipient for any damages whatsoever which might result in whole or in part from any delays in funding any proceeds of the Grant. 11. Indemnification of the Authority. The State Recipient hereby agrees to indemnify the Authority and hold it harmless from and against any and all claims, actions, damages, costs, liabilities and expenses, including without limitation attorneys' fees, incurred by the Authority in connection with any Residence or occasioned wholly or in part by any act or omission of State Recipient, its officers, directors, partners, agents, contractors, employees or tenants. In case the Authority shall, without fault on its part, be made a party to any litigation commenced by or against the State Recipient, then the State Recipient shall protect and hold the Authority harmless and shall pay all costs, expenses and attorneys' fees incurred or paid by the Authority in connection with such litigation. The obligations of State Recipient under this Paragraph 11 shall survive the making of the Grant. 12. Additional Requirements. a. The State Recipient agrees not to commit unlawful discrimination in employment in the state as that term is used in the Illinois Human Rights Act (775 ILCS 5/1-101 et ~.). The State Recipient further agrees to take affirmative action to ensure that no unlawful discrimination is committed. 8 b. The State Recipient certifies that it has a written sexual harassment policy which includes, at a minimum, the following information: (i) the illegality of sexual harassment; (ii) the de[mition of sexual harassment under state law; (iii) a description of sexual harassment, utilizing examples; (iv) the State Recipient's internal complaint process, including penalties; (v) the legal recourse, investigative and complaint process available through the Human Rights Department and the Human Rights Commission (the "Commission"); (vi) directions on how to contact the Human Rights Department and the Commission; and (vii) protection against retaliation as provided by Section 6-101 of the Human Rights Act. A written copy of the policy shall be provided to the Authority upon request. c. The State Recipient certifies that it will at all times, in the performance of this Letter, comply with all federal, state and local laws and regulations. d. The State Recipient agrees to notify the Authority's Ethics Officer (as identified by the Authority) if the State Recipient solicits or intends to solicit for employment any of the Authority's employees during the tenn of this Letter. C. The State Recipient agrees to comply with the provisions of the Illinois Purchasing Act prohibiting conflict of interest (30 ILCS 505/11.1-1] .5) and all the terms, conditions and provisions of those sections apply to this Letter the same as though they were incorporated and included herein. f. The State Recipient certifies that as of the date hereof, and at all times hereafter, State Recipient has satisfied and shall continue to satisfy all terms, conditions, and covenants, and has not suffered or will suffer any event of default of any agreement, contract or requirement of the Authority, HUD, the State of Illinois, or any political subdivision thereof. 13. Counterparts. This Letter may be executed in any number of counterparts, all of which shall be taken to be one and the same instrument, for the same effect as if all parties hereto had signed the same signature page. [REMAINDER OF PAGE INTENTIONALLY BLANK; SIGNATURE PAGE FOLLOWS] 9 This Letter is delivered to the State Recipient as of the date first set forth above. Very truly yours, ILLINOIS HOUSING DEVELOPMENT AUTHORlT~\ ,~~/~~~~.,\\d' .. By: / \ Gloria L. Matene)Executive Director "'i Dated: _ day of j.'.-1 \. ~ Ill.. \ f' (, , JJlcted by ~~ent this day of ,2010 VILLAGE OF MOUNT PROSPECT, all Illinois unit oflocal govelilment Js: Exhibits A - Program Schedule B - Contractor Certifications C - Debarment Certification D - Federal Taxpayer Identification Number and Legal Status Disclosure E - Books and Records Certification F - Drug-Free Workplace Certification 10 ,2010 EXIDBIT A PROGRAM SCHEDULE Projected Program Schedule % of Funds Expenditure of Funds by 6/30/10 50% Expenditure of Funds by 6/15/11 100% A-I EXlllBIT B CONTRACTOR CERTIFICATIONS EDUCATIONAL LOANS Two-party shwed al!reements: The contractor certifies that it is not in default on an educational loan as provided in Public Act 85-827. Purchase orders: By acceptance of this order, the contractor certifies that it is not in default on an educational loan as provided in Public Act 85-827. BRIBERY CLAUSE Two-partv signed al!reements: The contractor certifies that it is not barred from being awarded a contract or subcontract under Section 10.1 of the Illinois Purchasing Act. Purchase orders: By acceptance ofthis order, the contractor certifies that it is not barred from being awarded a contract or subcontract under Section 10.1 of the Illinois Purchasing Act. BID-RIGGING/BID-ROT A TING LAW Two-party sil!:ned al!reements: The contractor certifies that it has not been barred from contracting with a unit of State or local government as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961. Purchase orders: By acceptance of this order, the contractor certifies that it has not been barred from contracting with a unit of State or local government as a result of a violation of Section 33E-3 or 33E-4 ofthe Criminal Code of 1961. B-1 INTERNATIONAL ANTI-BOYCOTT CERTIFICATION ACT Section 5 of the International Anti-Boycott Certification Act (30 ILCS 582/1) provides as follows: 5. State contracts. Every contract entered into by the State of Illinois for the manufacture, furnishing, or purchasing of supplies, material, or equipment or for the furnishing of work, labor, or services, in an amount exceeding the threshold for small purchases according to the purchasing laws ofthis State or $10,000, whichever is less, shall contain certification, as a material condition of the contract, by which the contractor agrees that neither the contractor nor any substantially-owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the u.s. Department of Commerce promulgated under that Act. B-2 EXIDBIT C DEBARMENT CERTIFICATION 1. By signing and submitting this proposal, the undersigned IS providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the undersigned knowingly rendered an erroneous certification, in addition to other remedies available to the Authority, HUD, or the department or agency with which this transaction originated may pursue all available remedies, including suspension and/or debarment. 3. The undersigned shall provide immediate written notice to the entity to which this proposal is submitted if at any time the undersigned learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set forth in the Definitions and Coverage sections of the rules implementing Executive Order 12549, 51 F.R. 6370, February 18, 1986. 5. The undersigned certifies that it has not been debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 6. The undersigned agrees that, by submitting this proposal, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 7. The undersigned further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. The undersigned must establish a "system of records," including but not limited to the information contained at http://epls.arnet.gov/ in order to determine whether any prospective participant in a lower tier covered transaction is debarred, suspended, ineligible, or voluntarily excluded from the covered transaction. 9. Except for transactions authorized under paragraph 5 of these instructions, if a contractor in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, HUD, the Authority, or the department or agency with which this transaction originated may pursue all available remedies, including suspension and/or debarment. C-l Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions (1) The undersigned certifies by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the undersigned is unable to certify to any of the statements in this certification, the undersigned shall attach an explanation to this proposal. Executed this ~_ day Of~ ' 20 I 0 VILLAGE OF MOUNT PROSPECT, an Illinois not-for-profit corporation ~~~~~~~ Its: ~~___ C-2 EXHIBIT D FEDERAL T AXP A YER IDENTIFICA nON NUMBER AND LEGAL STATUS DISCLOSURE Under penalties of perjury, I certify that the name, taxpayer identification number, and legal status listed below are correct. Name: \j II I at? 0 f /VlU U"~ f rtJt} pi' (1 {~ Taxpayer Identification Number: Employer Identification Number 1~; - &1JO {;o II (If you are an individual, enter your name and SSN as it appears on your Social Security Card. l,f completing this certification for a sole proprietorship, enter the owner's name followed by the 'lOme afthe business and the owner's SSN. For all other entities, enter the name o/the entity as used to apply for the entity's EIN and the EIN) Legal Status (check one) Individual x Governmental entity Owner of sole proprietorship Nonresident alien individual Partnership Estate or legal trust Tax-exempt hospital or extended care facility Foreign corporation, partnership, estate or trust Corporation providing or billing medical and/or health care services Other:__ Corporation NOT providing or billing medical and/or health care services VILLAGE OF MOUNT PROSPECT, an Illinois not-for-profit corporation ~;~t~~~!:.~/#-~ I~:~ Date: . -3 2010 D-I EXHIBIT E BOOKS AND RECORDS CERTIFICATION ADDENDUM Addendum to the contract between the Village of Mount Prospect and the Illinois Housing Development Authority. RETENTION OF RECORDS: Public Act 87-991 required that every contract for the provision of goods or services shall provide that the vendor or contractor shall maintain records and documentation for a minimum of five (5) years after contract completion. VENDOR SHALL MAINTAIN, FOR A MINIMUM OF FIVE YEARS AFTER COMPLETION OF THE CONTRACT, ADEQUATE BOOKS, RtCORDS AND SUPPORTING DOCUrvlENTS TO VERIFY THE AMOUNTS, RECIPIENTS AND USES OF ALL CONTRACTS; THAT TI-IE CONTRACT ANi; r;LL BOOKS, RECORDS, AND SUPPORTING DOCUMENTS RELATED TO THE CONTRACT SHALL BE A V AILABLE FOR REVIEW AND AUDIT BY THE AUDITOR GENERAL; AND THAT THE CONTRACTOR AGREES TO COOPERATE FULLY WITH ANY AUDIT CONDUCTED BY THE AUDITOR GENERAL AND TO PROVIDE FULL ACCESS TO ALL RELEVANT MATERIALS. FAILURE TO MAINTAIN THE BOOKS, RECORDS, AND SUPPORTING DOCUMENTS REQUIRED BY THIS SECTION SHALL ESTABLISH A PRESUMPTION IN FAVOR OF THE STATE FOR THE RECOVERY OF ANY FUNDS PAID BY THE STATE UNDER THE CONTRACT FOR WHICH ADEQUATE BOOKS, RECORDS AND SUPPORTING DOCUMENTATION ARE NOT AVAILABLE TO SUPPORT THEIR PURPORTED DISBURSEMENT. VILLAGE OF MOUNT PROSPECT, an Illinois not-for-profit corporation BY~~ ~~ Pr" t~e: 1Yv~l<- -:. ,- 3.'It.;;' ::Ie: ~ j :2010 E-I ExmBIT F DRUG-FREE WORKPLACE CERTIFICATE STATE OF ILLINOIS DRUG-FREE WORKPLACE CERTIFICATION This certification is required by the Drug-Free Workplace Act (30 ILCS 580). The Drug- Free Workplace Act, effective January 1, 1992, requires that no grantee or contractor shall receive a grant or be considered for the purposes of being awarded a contract for the procurement of any property or services from the State unless that grantee or contractor will provide a drug-free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of the contract or grant and debarment from contracting or grant opportunities with the State for at least one (1) year but not more than five (5) years. For the purpose of this certification, "grantee" or "contractor" means a corporation, partnership, or other entity with twenty-five (25) or more employees at the time of the issuing of the grant, or a department, division, or other unit thereof, directly responsible for the specific performance under a contract or grant of $5,000 or more from the State. The contractor/grantee certifies and agrees that it will provide a drug-free workplace by: (a) Publishing a statement (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace; (2) Specifying the actions that will be taken against employees for violations of such prohibition; and (3) Notifying the employees that, as a condition of employment on such contract or grant, the employee will: A. abide by the terms of the statement; and B. notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. (b) Establishing a drug-free awareness program to inform employees about (I) the dangers of drug abuse in the workplace; (2) the grantee's or contractor's policy of maintaining a drug-free workplace; F-1 (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of th"e statement required by paragraph (a) hereof to each employee engaged in the performance of the contract or "grant and posting the statement in a prominent place in the workplace. (d) Notifying the contracting or granting agency within ten (10) days' after receiving noUce from subparagraph (3) of paragraph (a) hereof from an employee, or otherwise receiving actual notice of such conviction. (e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is so convicted, as required by Section 5 of the Drug-Free Workplace Act. (f) Assisting employees in selecting a course of action in the event dmg counseling, treatment, and rehabilitation is required and indicating that a trained refelTal team is in place. (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of the Drug-Free Workplace Act. THE UNDERSIGNED AFFIRMS, UNDER PENALTIES OF PERJURY, THAT HE OR SHE IS AUTHORIZED TO EXECUTE THIS CERTIFICATION ON BEHALF OF THE DESIGNATED ORGANIZATION. VILLAGE OF MOUNT PROSPECT, :Il~;:2~ Printed Name: .,4., #~ ::te.~~.~ ,2010 F-2 MAYOR Irvana K. Wilks VILLAGE MANAGER Michael E. Janonis TRUSTEES Paul Wm. Hoefert Arlene A. Juracek A. John Kom John J. Matuszak Steven S. Polit Michael A. Zadel VILLAGE CLERK M. Lisa Angell Phone: 847/392-6000 Fax: 847/392-6022 TDD: 847/392-6064 www.mountpros:pect.org Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 INCUMBENCY CERTIFICATE The Undersigned, on behalf of Village of Mount Prospect (the "Village"), does hereby certify as follows: a) The following listed persons are duly acting officers of the Village, in the capacity set forth opposite their respective names below, and the facsimile signatures are true and correct as of the date hereof; b) On behalf of the Village, the Mayor is authorized to execute the Grant Agreement for the Village's Home Buyer Assistance Program with the Illinois Housing Development Authority and the Village Manager is authorized to execute any other documents that may be necessary to comply with the terms of that Agreement, to administer grants under that Agreement, or that may be requested by the Authority in relation to that Agreement. SIGNA TURE .~~~ ~ I hereby verify that I am familiar with the signature(s) of the Mayor and Village Manager of the Village of Mount Prospect, that the above officials have been authorized to execute the Grant Agreement and other documents in this matter, as provided above, and that the above signatures are the genuine signatures of Mayor Irvana K. Wilks and Village Manager Michael Janonis. TITLE NAME OF OFFICER Irvana K. Wilks Mayor Michael E. Janonis Village Manager ~ Witness my hand this ~ ~y of "/?/'l ~ . - isa Angell . Village Clerk ,2010. 250443 I