Loading...
HomeMy WebLinkAboutRes 16-13 08/06/2013 Agreement Between VOMP and Ceda Northwest Self-Help CenterRESOLUTION NO. 16 -13 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE CEDA NORTHWEST SELF -HELP CENTER, INC. WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the President and Board of Trustees of the Village of Mount Prospect that the CEDA Northwest Self -Help Center shall provide an emergency housing and housing counseling program, to assist near homeless and homeless low and moderate income residents of the Village of Mount Prospect; and WHEREAS, the programs proposed by the CEDA Northwest Self -Help Center and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low /moderate - income persons. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and the CEDA Northwest Self -Help Center, for provision of an Emergency Housing Program, a copy of which Agreement is attached and made a part of as Exhibit "A." SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by the law. AYES: Hoefert, Korn, Polit, Rogers, Zadel NAYS: None ABSENT: Matuszak PASSED and APPROVED this 6 th day of August, 2013 Arlene A. Juracek Mayor ATTEST: M. Csa Angell Village Clerk H: \i'4_AN \CDBG \Sub- P2ecipients \20 \VB Meeting \CDBG reso+utior CEDA Em Hsg 2013 docx RE CEIVED AGREEMENT BETWEEN AUG 2 q 2013 THE VILLAGE OF MOUNT PROSPECT AND CEDA NORTHWEST SELF -HELP CENTER INC Village of Mt. Prospect FOR THE Community Development COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING PROGRAM T IS AGREEMENT (referred to as the "Agreement ") is entered into this l � day of 2013, by and between the Village of Mount Prospect, an Illinois home rule municipal corporation (referred to as the "Grantee ") and the CEDA Northwest Self -Help Center, Inc., a not - for - profit Illinois corporation, (referred to as the "Sub - Recipient ")(Sometimes referred to individually as "Party" and collectively as "Parties "). WHEREAS, the Grantee has applied for and received Community Development Block Grant (referred to as "CDBG ") funds from the United States Department of Housing and Urban Development (referred to as "HUD ") under Title I of the Housing and Community Development Act of 1974, Public Law 93 -383; and WHEREAS, the Sub - Recipient has applied to Grantee for CDBG funds to operate a program that assists individuals with transitional housing, rent assistance and housing counseling; and WHEREAS, the Grantee deems it appropriate to award the CDBG funds to the Sub - Recipient for the proposed program, based upon the terms set forth in this Agreement. NOW, THEREFORE, it is agreed between the Parties, as follows; I. SCOPE OF SERVICE A. Activities The Sub - Recipient will be responsible for administering the program in a manner satisfactory to the Grantee and consistent with the standards described in this Agreement. The program will include the following activities eligible under HUD's CDBG program requirements: The Sub - Recipient will operate a program to assist individuals with transitional housing, rent assistance and housing counseling (referred to as the "Program "), as outlined in the Scope of Services attached hereto as Exhibit A. B. National Objectives The Sub - Recipient certifies that the activities carried out with funds provided by this Agreement, will meet one or more of the following National Objectives (the "National Objectives ") for CDBG programs, as defined in 24 CFR Part 570.208: 286901_1 1. Benefit Low/Moderate Income Persons; 2. Aid in the prevention or elimination of slums or blight; or 3. Meet a need having a particular urgency /emergency. C. Levels of Accomplishment In addition to the normal administrative services required by this Agreement, the Sub - Recipient agrees to provide the following levels of program services for both Components: Average Clients/Month Total Clients /Year 10.25/MONTH 123/YEAR The Sub - Recipient will also report information as it relates to the Outcome Measurement System as described in the Federal Register Notice on June 10, 2005, published by HUD's Office of Community Planning and Development, Docket No. FR- 4970 -N -02. Such information includes, but is not limited to: funds leveraged, number of persons with access to new /improved access to a service, and number of beds created in an overnight/emergency shelter. Such reports will be provided quarterly and in a final report as provided in Section IV below. D. Performance Monitoring The Grantee will monitor the performance of the Sub - Recipient against the goals and performance standards stated above. Substandard performance, as determined by the Grantee, will constitute non - compliance with this Agreement. If action to correct such substandard performance is not taken by the Sub - Recipient within a reasonable period of time after being notified by the Grantee, suspension or termination procedures will be initiated. II. TIME PERFORMANCE Services of the Sub - Recipient shall start on January 1, 2013 and end on December 31, 2013. The Term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Sub - Recipient remains in control of CDBG funds or other assets, including program income, which are related to this Agreement. III. PAYMENT It is expressly agreed and understood that the total amount to be paid to the Sub - Recipient by the Grantee under this Agreement shall not exceed $11,000 (referred to as the "Grant Funds "). Payments may be contingent upon certification of the Sub - Recipient's financial management system in accordance with the standards specified in 24 CFR 84.21. A. Payment Procedures 2869011 2 The Grantee will pay the Grant Amount to the Sub - Recipient based upon information submitted by the Sub - Recipient and consistent with any approved budget and Grantee policy concerning payments. The Grantee will not process any invoices received until the Sub - Recipient submits the applicable quarterly or final report for the requested pay period. The Grantee will determine the appropriate amount to allocate per reporting period depending on the levels of accomplishment achieved by the Sub - Recipient. With the exception of certain advances, payments will be made only for eligible expenses actually incurred by the Sub - Recipient. Payments will be adjusted by the Grantee in accordance with advance fund and program income balances available in Sub - Recipient accounts. In addition, the Grantee reserves the right to use the funds provided by this Agreement for costs incurred by the Grantee on behalf of the Sub - Recipient. B. Indirect Costs If indirect costs are charged, the Sub - Recipient will develop an indirect cost allocation plan for determining the Sub - Recipient's appropriate share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. C. Program Income The Sub - Recipient shall report all program income as defined at 24 CFR 570.500(a), generated by activities carried out with the Grant Funds. Sub - Recipient's use of program income shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Sub - Recipient may use such income during the Term of this Agreement for activities permitted under this Agreement, but shall reduce requests for additional funds by the amount of any such program income balances on hand. All unused program income shall be returned to the Grantor upon expiration of this Agreement. Interest earned on cash advances is not program income but must be remitted promptly to the Grantee. For purpose of this Agreement, the funds provided by this Agreement shall include the Grant Funds, any program income and interest, and may be referred to as the "funds provided by this Agreement." IV. REPORTING A. Progress Reports The Sub - Recipient shall submit a Quarterly Report to the Grantee in the form, content, and frequency required by the Grantee. All reports will be due 15 days after the close of the reporting period. This report should include the following: 1. Each client served during the month using CDBG funds; 2. Client's address; and 3. Type of service used by each client. The Parties may mutually agree on more frequent reporting, if appropriate. 286901_1 B. Final Report A Final Report shall accompany the Sub - Recipient's final billing. This report will highlight the accomplishments of the Program for the fiscal year, from January 1, 2013 to December 31, 2013, summarize the number of Mount Prospect residents served and include completion of the Year End Report, which is attached hereto as Exhibit B. The Final Report shall be due on or before January 15, 2014. C. Submission to HUD Subsequent to the execution of this Agreement, the Grantee shall file all necessary documents with HUD and shall comply with all applicable rules and regulations necessary to facilitate acquisition of the funds provided by this Agreement. V. NOTICES & COMMUNICATIONS Notices and communications under this Agreement shall be served personally or sent registered or certified mail, postage prepaid, to the respective Parties as follows: Grantee Mr. William J. Cooney, Jr. Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 (847) 818 -5328 Fax: (847) 818 -5329 Sub - Recipient Mr. Ron Jordan Executive Director CEDA Northwest 1300 W. Northwest Hwy Mount Prospect, IL 60056 (847) 392 -2332 Fax: (847) 392 -2427 Notices served personally shall be effective upon receipt and notices served by mail shall be effective upon receipt as verified by the United States Postal Service. Either Party may change the name and address for which notice is required by notice to the other Party as provided herein. VI. GENERAL CONDITIONS A. General Compliance The Sub - Recipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the HUD regulations concerning CDBG), including subpart K of these regulations, except that 1) the Sub - Recipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and 2) the Sub - Recipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Sub - Recipient further agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds 286901_1 4 provided by this Agreement. The Sub - Recipient further agrees to utilize those funds to supplement, rather than supplant funds otherwise available. The Sub - Recipient shall, at all times, observe and comply with all laws, ordinances or regulations of the Federal, State, County and local government which may in any manner affect the performance of this Agreement, and the Sub - Recipient shall perform all acts under this Agreement in the same manner as the Grantee, as a contractor of the Federal Government, is or would be required to perform such acts. B. "Independent Contractor" Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the Parties. The Sub - Recipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance as the Sub - Recipient is an independent Sub - Recipient. C. Hold Harmless The Sub - Recipient shall hold harmless, save and indemnify the Grantee and each and every one of, attorneys, insurers and successors (referred to as the "Indemnitees ") from any and all claims, demands, causes of actions, expenses, injuries, losses or damages of whatever kind, character or description the Grantee may suffer as a result of any cause, matter, act, or omission arising out of the performance or non - performance of the Sub - Recipient, its officers, agents, employees, and servants, under this Agreement. The Sub - Recipient agrees to defend any claims brought or actions filed against the Indemnitees with respect to the subject of the indemnity contained herein, whether such claims or actions are rightfully or wrongfully brought or filed. In the event that such a claim is brought or such an action is filed, the Grantee agrees that the Sub - Recipient may employ attorneys of its own selection to appear and defend the claim or action on behalf of the Grantee, subject to reasonable approval by the Grantee, at the expense of the Sub - Recipient. The Sub - Recipient, at its option, shall have the sole authority for the direction of the defense. D. Worker's Compensation The Sub - Recipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement. E. Insurance & Bonding The Sub - Recipient shall carry sufficient insurance coverage to protect contract assets (e.g., equipment and real property) from loss due to theft, fraud and /or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. 286901_1 5 The Sub - Recipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. F. Grantee Reco nition The Sub - Recipient shall use its best efforts to recognize the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Sub - Recipient will include a reference to the support provided herein in all publications made possible with funds provided by this Agreement. G. Amendments This Agreement may be amended at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by duly authorized representatives of both Parties, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Sub - Recipient from its obligations under this Agreement. Notwithstanding the foregoing, the Grantee may, in its discretion, amend this Agreement to conform to Federal, State or local governmental guidelines, policies and available funding agreements, or for other reasons. If such amendment results in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by duly authorized representatives of both Parties, and approved by the Grantee's governing body. H. Suspension or Termination In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Sub - Recipient materially fails to comply with any terms of this Agreement, which include, but are not limited to, the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statute, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Sub - Recipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided by this Agreement; or 4. Submission by the Sub - Recipient to the Grantee of reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Sub - Recipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to 286901_1 6 be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. All finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Sub - Recipient under this Agreement shall be the property of the Grantee. VII. ADMINISTRATIVE REQUIREMENTS A. Financial Management Accounting Standards The Sub - Recipient agrees to comply with 24 CFR 84.21 -28 and agrees to adhere to the accounting principles and procedures required therein, to utilize adequate internal controls, and to maintain necessary source documentation for all costs incurred. 2. Cost Principles The Sub - Recipient shall administer its Program in conformance with the federal Office of Management and Budget's (referred to as "OMB ") Circulars A -122, "Cost Principles for Non - Profit Organizations" or A -21 "Cost Principles for Educational Institutions," as applicable. These principles shall be applied to all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record - Keeping Records to be Maintained The Sub - Recipient shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506, which are pertinent to the activities funded under this Agreement. Such records shall include, but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR Part 570.502, and 24 CFR 84.21 -28; and 2869011 g. Other records necessary to document compliance with Subpart K of 24 CFR 570. 2. Income Eligibility Eligible households must have income below those noted in HUD's Fiscal Year 2013 Income Limit Summary, which is attached hereto as Exhibit C, though the Sub - Recipient may establish program income criteria below those levels. The Sub - Recipient shall utilize annual income in determining and documenting income for participating clients. Annual income is the gross amount of income anticipated by all adults in a family during the 12 months following the effective date of determination. To calculate annual income, the Sub - Recipient may choose one (1) of the three (3) definitions of income listed below: 1. Annual income as defined under the Section 8 Housing Assistance Payments Program; 2. Adjusted gross income as defined for purposes of reporting under IRS Form 1040 (long form) for Federal individual income tax purposes; or 3. Annual income as defined for reporting under the Census long form for the most rent available decennial Census. Use of any other income definition is considered ineligible for HUD and CDBG funding and therefore not permitted. The term "household" means "all persons occupying a housing unit. The occupants may be a family, as defined in 24 CFR 5.403; two or more families living together; or any other group of related or unrelated persons who share living arrangements, regardless of actual or perceived, sexual orientation, gender identity or marital status." See 24 CFR Part 570.3. Grantee must ensure that applicants to its programs and activities are treated equitably. For this reason, the same income definition must be used throughout the activity for each applicant. Additionally, the Sub - Recipient shall maintain copies of any documents used to determine applicant income. 3. Retention The Sub- Recipient shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement. Records for non - expendable property acquired with the funds provided by this Agreement shall be retained for five (5) years after final disposition of such property. Notwithstanding the above, if any claims, litigation, audits, negotiations or other actions involving such records begin before the expiration of the five -year period, such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five -year period, whichever occurs later. 286901_1 8 4. Client Data The Sub - Recipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. 5. Disclosure The Sub - Recipient understands that client information collected under this Agreement is private. The use or disclosure of such information, when not necessary and directly connected with the administration of the Grantee's or Sub - Recipient's responsibilities with respect to services provided under this Agreement, is prohibited, unless written consent is obtained from the client, and, in the case of a minor, from the parent/guardian. Disclosure of such information must also comply with applicable State and Federal laws. 6. Property Records The Sub - Recipient shall maintain a real property inventory, which identifies properties purchased, improved or sold using CDBG funds. 7. Close -Outs The Sub - Recipient's obligation to the Grantee shall not end until all close -out requirements are completed. Activities during this close -out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Sub - Recipient has control over CDBG funds, including program income. 8. Audits & Inspections All Sub - Recipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, HUD, their designees or the Federal Government, at any time during normal business hours, as often as the Grantee or HUD deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully resolved by the Sub - Recipient within 30 days after receipt of notice of such deficiencies by the Sub - Recipient. The Sub - Recipient hereby agrees to conduct an annual audit in accordance with current Grantee policy concerning Sub - Recipient audits and, as applicable, OMB Circular A -133. 9. Availability of Law, Regulations and Orders 286901_1 9 The Grantee shall, upon the request of the Sub - Recipient, provide copies of applicable laws, regulations and orders, including those referenced in this Agreement, which regulate the operation of CDBG - funded programs, or which might otherwise affect the performance of this Agreement. The OMB Circulars referenced in the Agreement may be found on the website at http: / /www.whitehouse.gov /omb /circulars_ default In addition, many of the applicable laws and regulations can be found on the United States Government Printing website at http://www.gpo.gov/fdsys/pkg/CFR-2004-title24-vol I/content-detail.html C. Procurement 1. Compliance The Sub - Recipient shall comply with current Grantee policy in regard to the procurement of materials, property, or services, and shall maintain inventory records for non - expendable personal property as defined by such policy. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon expiration of this Agreement. 2. OMB Standards Unless specified otherwise within this Agreement, the Sub - Recipient shall procure all materials, property or services in accordance with the requirements of 24 CFR 84.40 -48. 3. Travel The Sub - Recipient shall obtain prior written approval from the Grantee before incurring any costs for travel outside the Chicago metropolitan area that are subject to payment with the funds provided by this Agreement. D. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Sub - Recipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds provided by this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Sub - Recipient's control that was acquired or improved, in whole or in part, with funds provided by this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of 286901_1 10 this Agreement [or such longer period of time as the Grantee deems appropriate]. If the Sub - Recipient fails to use CDBG- assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Sub - Recipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditures of the non -CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Sub - Recipient may retain real property acquired or improved under this Agreement after the expiration of the five -year period [or such longer period of time as the Grantee deems appropriate]. 3. In all cases in which equipment acquired, in whole or in part, with funds provided by this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent funds provided by this Agreement were used to acquire the equipment). Equipment not needed by the Sub - Recipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee in an amount equal to the current fair market value of the equipment less the percentage of non -CDBG funds used to acquire the equipment. VIII. RELOCATION, REAL PROPERTY ACQUISITION AND ONE - FOR -ONE HOUSING REPLACEMENT The Sub - Recipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC 61, as amended, and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti- displacement and Relocation Assistance Plan under Section 104(d) of the Housing and Community Development Act (referred to as "HCDA "), 24 CFR Part 6; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. [The Grantee may preempt the optional policies.] The Sub - Recipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversation for a CDBG- assisted project. The Sub - Recipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residence. IX. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Sub - Recipient agrees to comply with the Illinois Human Rights Act (Act 775 ILCS 511 -101 et seq.), Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 286901_1 11 11063, and with Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. 2. Nondiscrimination The Sub - Recipient shall comply with the non - discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607 and 775 ILCS 511 -101 et seq. The applicable non - discrimination provisions in Section 109 of the HCDA also apply. The Sub - Recipient shall not discriminate against any worker, employee, applicant for employment or client because of race, color, creed, religion ancestry, national origin, sex, disability or other handicap, age, marital /familial status, or status with regard to public assistance, or as otherwise prohibited by state or Federal law. 3. Land Covenants The Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Sub - Recipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use of occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Sub - Recipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504 The Sub - Recipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against individuals with disabilities or handicaps in any Federally assisted program. Guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement can be found on HUD's Program website at http: / /Portal.hud.gov /hudportal /HUD ?src = /program offices /fair housing equal opp /disa bil ities /sect504faq. B. Affirmative Action 1. Approved Plan The Sub - Recipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. To the extent required by that Order, i.e., service and supply contractors with 50 or 286901_1 12 more employees and government contracts of $50,000 or more, the Grantee shall provide Affirmative Action guidelines to the Sub - Recipient to assist in the formulation of such program. The Sub - Recipient shall submit a plan for an Affirmative Action Program for approval prior to the award of the Grant Funds. 2. Women- and Minority -Owned Businesses (W/MBE) The Sub - Recipient will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms "small business" means a business that meets the criteria set for in Section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty -one (5 1) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro - Americans, Spanish - speaking, Spanish surnamed or Spanish - heritage Americans, Asian- Americans, and American Indians. The Sub - Recipient may rely on written representations by businesses regarding their status as a minority and female business enterprises in lieu of an independent investigation. 3. Access to Records The Sub - Recipient shall furnish and cause each of its own sub - recipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Notifications The Sub - Recipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Sub - Recipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. Equal Employment Opportunity and Affirmative Action (EEO /AA) Statement The Sub - Recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Sub - Recipient, state that it is an Equal Opportunity or Affirmative Action employer. 6. Subcontract Provisions The Sub - Recipient will include the provisions of Paragraphs IX.A, Civil Rights, and B, Affirmative Action, of this Agreement in every subcontract or purchase order, 286901_1 13 specifically or by reference, so that such provisions will be binding upon each of its own sub - recipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity The Sub - Recipient is prohibited from using funds provided by this Agreement or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards The Sub - Recipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Sub - Recipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Sub - Recipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Sub - Recipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this Agreement, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Sub - Recipient of its obligation, if any, to require payment of the higher wage. The Sub - Recipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. "Section 3" Clause a. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the Grantee, the Sub - Recipient and 286901_1 14 any of the Sub - Recipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Sub - Recipient and any of the Sub - Recipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Sub - Recipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Sub - Recipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low- income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low- income persons residing in the metropolitan area in which the project is located." The Sub - Recipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low- income persons residing within the metropolitan area in which the CDBG - funded project is located; where feasible, priority should be given to low- and very low - income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low - income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based pain hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low- income persons residing within the metropolitan area in which the CDBG - funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs. The Sub - Recipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 286901_1 15 b. Notifications The Sub - Recipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under the Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts The Sub - Recipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Sub - Recipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability The Sub - Recipient shall not assign or transfer any interest in this Agreement without the prior written approval of the Grantee's Village Manager thereto; provided, however, that claims for money due or to become due to the Sub - Recipient from the Grantee under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2. Subcontracts a. Approvals The Sub - Recipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of the Grantee prior to the execution of such agreement. b. Monitoring The Sub - Recipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documentation evidence of follow -up actions taken to correct areas of noncompliance. C. Content 2869011 16 The Sub - Recipient shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process The Sub - Recipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. 3. Hatch Act The Sub - Recipient agrees that no funds provided by this Agreement, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest The Sub - Recipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: a. The Sub - Recipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the Sub - Recipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. C. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG- assisted activities, or who are in a position to participate in a decision - making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG- assisted activity, or with respect to the proceeds from the CDBG- assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Sub - Recipient, or any designated public agency. 286901_1 17 5. Lobbying The Sub - Recipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of Sub - Recipient, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a 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; b. 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 Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; C. Sub - Recipient will require that the language in paragraph (d) be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly; and d. Lobbying Certification — Paragraph d 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. 6. Religious Organizations The Sub - Recipient agrees that funds provided by this Agreement will not be utilized for inherently religious activities, prohibited by 24 CR 570.2000), such as worship, religious instruction, or proselytization. 7. Reversion of Assets 286901_1 18 Upon expiration of this Agreement, the Sub - Recipient shall transfer to the Grantee any funds provided by this Agreement on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under the Sub - recipient's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the sub - recipient in the form of a loan) in excess of $25,000 shall either: a. Be used to meet one of the National Objectives in Section 570.208 (formerly Section 570.901) of the CDBG regulations until five years after expiration of the Agreement; or b. If the real property is not used in accordance with paragraph 7a above, the Sub - recipient shall pay to the Grantee an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -CDBG funds for the acquisition of, or improvement to, the property. The payment is program income to the Grantee. No payment is required after the period of time specified in paragraph 7a of this section. X. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect. XI. JURISDICTION AND VENUE: This Agreement and all questions of interpretation, construction and enforcement hereof, and all controversies hereunder, shall be governed by the applicable statutory and common law of the State of Illinois. For the purpose of any litigation relative to this Agreement and its enforcement, venue shall be in the Circuit Court of Cook County, Illinois and the Parties consent to the in personam jurisdiction of said Court for any such action or proceeding. XII. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Grantee and the Sub - Recipient for the use of funds provided by this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Sub - Recipient with respect to this Agreement. XIII. CAPTIONS: The captions at the beginning of the several paragraphs, respectively, are for convenience in locating the context, but are not part of the context. 2869011 19 XIV. WAIVER: The Grantee's failure to act with respect to a breach by the Sub - Recipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XV. EFFECTIVE DATE: This Agreement shall be deemed dated and become effective on the date that the Mayor and Village Clerk sign this Agreement which date shall be the date stated on the first page of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement. VILLAGE OF MOUNT PROSPECT: Arlene Juracek, May ATTEST: Lisa Angell, Village C erk �- 7`� Date ATTEST: CEDA NW, Secretary Print Name Date 286901_1 20 Print Name 0 XIV. WAIVER: The Grantee's failure to act with respect to a breach by the Sub - Recipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XV. EFFECTIVE DATE: This Agreement shall be deemed dated and become effective on the date that the Mayor and Village Clerk sign this Agreement which date shall be the date stated on the first page of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement. VILLAGE OF MOUNT PROSPECT: Arlene Juracek, May ` ATTEST: �Lige ll�Villageqerk - f — 77' Date ATTEST: CEDA NVAecretary Print e 1 Date 286901 20 Print Name RECEIVED AUG 2 q 2013 Mt. Prospect Attachment Purpose, Goals, Duration Wage of Mt. Prospect Community DevelopmeDt Established in 1981, CEDA Northwest Self -Help Center, Inc. is a non - profit community action agency that provides services to help economically disadvantaged families and individuals in crisis. CEDA Northwest serves 21 communities in Chicago's northwest suburbs, including Mt. Prospect. Emergency Housing Assistance Program Program Purpose and Duration CEDA Northwest's Emergency Housing Assistance Program prevents families and individuals from becoming homeless and without shelter by providing housing counseling, rent and mortgage assistance, transitional housing to families if they become homeless, and comprehensive support services. Clients participate in the program for whatever time is needed. The average duration is one to four months for residents involved in the prevention component I (see below), an four months to two years for those served in the transitional housing component II (see below). The Goals of the program including the following: 1. Prevent homelessness by helping residents on the verge of delinquency /foreclosure remain in their home. 2. Educate economically disadvantaged residents regarding their housing options (and other resources) to prevent homelessness. 3. Help homeless families receiving transitional housing identify permanent housing. 4. Help at risk individuals and families better manage their lives through support services such as solution focused case management and money management counseling. Program Components The Emergency Housing Assistance Program has two components to prevent loss of housing and /or regain housing independence. Component I — Provides aid to families at risk of becoming homeless due to circumstances beyond their control. Includes housing counseling, money management counseling and financial assistance (rent and mortgage). CEDA Northwest has provided housing assistance to residents of Mt. Prospect for over thirty years. The Housing staff is specifically trained in the areas of mortgage default and loan modification counseling. Individual Housing Counseling — Housing counselors meet with clients to assess their individual housing needs and provide information, resources and referrals. June, 2013 _. Mortgage Default Counseling — Housing counselors explore options and advocate on behalf of clients to prevent foreclosure. Rent and Mortgage Assistance — The program provides assistance to prevent homelessness or mortgage delinquency for individuals experiencing temporary financial difficulty. Foreclosure Prevention Seminars — Seminars are offered periodically throughout the year. The average duration for component I is between one and four months. Component II — Provides transitional housing for individuals and families who are unable to maintain housing with the goal of regaining housing independence. CEDA Northwest has 29 apartment units. Services include case management, child care assistance, employment and budget counseling, food, transportation and tax preparation assistance. Each month, participants save money that is to be used at the end, of the program towards future housing expenses. Short -Term Housing Wright House Housing Program — The program is for low -to moderate - income individuals and families who are in need of temporary help to meet their housing needs. Participants may stay up to two years. They pay below- market rent to enable them to save money and reduce debt. Participants receive case management services, financial and budget counseling, career counseling and access to other supportive services. Jefferson House and Scattered Sites Housing Programs — These programs assist low - income individuals and families who are homeless but employed, and in need of temporary help to meet their housing needs. Participants may stay up to two years and contribute 30% of their adjusted gross income for rent. Program participants receive case management services, financial and budget counseling, career counseling and access to other supportive services. Community Partnership Apartments — Provides temporary living arrangements for families who are homeless or on the verge of homelessness, working full -time and have children. The average duration for component II is between four months and two years. Conclusion Due to the current economic crisis, calls related to housing have increased and represent the Center's biggest issue. Our housing market is recovering from the worst downturn since the Great Depression, . June, 20132 In Illinois, housing costs outpace incomes. Many households are paying more than 50% of their income for housing. High housing costs are an enormous barrier for meeting other expenses and leave families vulnerable. Assisting families and individuals facing homelessness or default is a critical need. June, 20133 VILLAGE OF MOUNT PROSPECT .'DBG PUBLIC SERVICE PROGRAM YEAR -END REPORT FISCAL YEAR JANUARY 1, 2013 TO DECEMBER 31, 2013 Name of Agency: Name of Program: Prepared By: Date: Please complete this form for the total number of households or persons your program assisted. If reporting by household, supply data on the entire household income and statistics on the head of the household. 1) Beneficiaries counted by households or persons (H or P): _ 2) Total Number of Beneficiaries for the Year: 3) Total Number of Males Assisted: Total Number of Females Assisted: 4) Total Number of Female - Headed Households: 5) Ethnicity/Race of Beneficiaries American Indian or Alaska Native: Asian: Black or African - American: Native Hawaiian or Other Pacific Islander: White: American Indian or Alaska Native & White: Asian & White: Black or African - American & White: American Indian or Alaska Native & Black or African - American: Other - Multi - Racial Total* * Sum of "Total" column should match number reported in #2 6) Income of Beneficiaries Please refer to 2013 HUD Income Limits Form. Number of Extremely Low - Income Beneficiaries: Number of Very Low - Income Beneficiaries: Number of Low- Income Beneficiaries: Hispanic or Latino 7) Number of Beneficiaries reported above, that are Mount Prospect Residents: 8) Of the Total Number of Beneficiaries reported: Number with New or Continuing Access to a Service or Benefit: Number with Improved Access to a Service or Benefit: Number that receive a Service or Benefit that is No Longer Substandard: P Y 20 13 Income Limits Documentation System -- Summary for Chicago - Joliet - Naperville, IL HUD Metro FMR Area FY 2013 Income Limits Documentation System FY 2013 Income Limits Summary Chicago - Joliet - Naperville, IL HUD Metro FMR Area 5�k N1 bl'i o", Page 1 of 2 Median FY 2013 Income I Income FY 2013 Income 1 2 Limit Area I( I Limit Category Person Person -- Very Low (50 %) Income Limits $25,800 $29,450 Chicago- Joliet- Naperville, IL HUD Metro FMR Area `I $48,600 $29,200 $77,750 The Chicago - Joliet - Naperville, IL HUD Metro FMR Area contains the following areas: Cook County, IL; DuPage County, IL; Kane County, IL ; Lake County, IL ; McHenry County, IL; and Will County, 1L. For details on the calculation steps for each of the various parameters, please click the "Median Income" column heading or the Income Limits row labels ( "Very Low - income (50 %) Limits ", "Extremely Low - Income (30 %) Limits ", and "Low- Income (80 %) Limits "). Income Limit areas are based on FY 2013 Fair Market Rent (FMR) areas. For a detailed account of how this area is derived please see our associated FY 2013 Fair Market Rent documentation system file://H: \PLAN \CDBG \Income Limits \2013\FY 2013 Income Limits Documentation System -- Summary for Chicago - Joliet - Naperville, IL HU... 6/17/2013 $73,600 Extremely Low (30 %) Income Limits Low (80 %) Income Limits $15,500 3 II 4 II 5 Person II Person II Person $33,150 $36,800 $39,750 11 $42,700 11 $45,650 $19,900 11 $22,100 11 $23,90011 $25,65011$27,450 $41,250 $47,150 $53,050 $58,900 $63,650 $68,350 $73,050 $17,700