HomeMy WebLinkAboutRes 17-13 08/06/2013 Authorizing Agreement with Wheeling Area Youth OutreachRESOLUTION NO. 17 -13
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE
OF MOUNT PROSPECT AND THE GREATER WHEELING AREA YOUTH OUTREACH
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 Greater Wheeling Area Youth Outreach, Inc. shall provide summer programs
that include educational and recreational activities for youth located within the corporate limits of
the Village of Mount Prospect; and
WHEREAS, the program proposed by the Greater Wheeling Area Youth Outreach, Inc. 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 agreements for Community Development Block Grant implementation, which
Agreements are between the Village of Mount Prospect and the Greater Wheeling Area Youth
Outreach, Inc., for the provisions of Summer Adventure North, a copy of which Agreement is
attached and made a part of this Resolution as Exhibit "A ".
SECTION TWO: 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 Greater Wheeling Area Youth
Outreach, Inc., for the provision of Summer Adventure South, a copy of which Agreement is
attached and made a part of this Resolution as Exhibit "B ".
SECTION THREE: 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 6th day of August, 2013
ATTEST:
. Li a Angell
Village Clerk
Arlene A. Juracey
Mayor
H: \PLAN \CDBG\ Sub - Recipients \2G? 3WS MeetinglCDBG resoiut €or GWAYG 2C'3 docx
RECEIVED AGREEMENT BETWEEN
THE VILLAGE OF MOUNT PROSPECT
AND
3 GREATER WHEELING AREA YOUTH OUTREACH, INC.
FOR THE
4 , COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING PROGRAM
TIVS AGREEMENT (referred to as the "Agreement ") is entered into this a�ay of
�' , 2013, by and between the Village of Mount Prospect, an Illinois home rule
municipal corporation (referred to as the "Grantee ") and the Greater Wheeling Area Youth
Outreach, 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 provide a summer day
camp program for youths in the northern area of the Village of Mount Prospect; 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 provide a summer day camp to
youth for the northern area of Mount Prospect (referred to as the
"Program "), as outlined in the Scope of Services attached hereto as Exhibit A.
B. National Obiectives
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:
1. Benefit Low /Moderate Income Persons;
286901_1
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:
Activity Total Clients /Year
Summer Adventure North 78 /Yr
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 $6,000.00 (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
286901_1
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
One Final Report shall be required at the conclusion of the Summer Adventure Camp with
the Sub - Recipient's billing. See Paragraph B.
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.
286901_1 3
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 Sub - Recipient
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
Mr. Philip Herman
Board President
GWAYO
1023 E. Palatine Road
Palatine, IL 60074
(847) 81 ,3940
Philip @gwayo.org
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
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.
286901_1
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 & Bondiniz
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.
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.
286901_1
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:
I . 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
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.
2869011
VII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. 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
1. 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
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
286901_1 7
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.
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
286901_1 8
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
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. og v /fdsys /pkg /CFR- 2004- title24 -voll /content - detail.html
286901_1 9
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
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].
2869011 10
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
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
286901_1
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 /disc
bi I 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
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
286901_1 12
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,
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 Acti
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.
286901_1 13
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
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.
286901_1 14
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.
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.
286901_1 15
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
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
286901_1 16
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.
5. Lobbing
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
286901_1 17
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
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:
286901_1 18
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.
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.
286901_1 19
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, Mar
ATTEST:
{
f
9
Lisa Angell, Villa
g Cler c
?- -/��
Date
GREATER WHEELING AREA
YOUTH OUTREACH, INC.:
GWAYO I ., President
7 /1) krt> 4 jW h�
Print Name
ATTEST:
GWAYO Inc., Secretary
D l9,14 tl ¢� ��ST
Print Name
?Illd
Date
286901_1 20
EXHIBIT A
Summer Adventure Camp is a summer enrichment day camp for young people
from 4 year olds through leaving seventh grade. Students are strongly encouraged
through fee reduction to attend summer school in the morning and then come to camp in
the afternoon. Camp activities include extra reading, arts /crafts, and organized games
(including sports and swimming once a week). In addition, students are given the option
of attending one big field trip (i.e. Chicago Sky game and Ravinia Festival —North
Camp) during the three weeks of camp. Summer Adventure Camp North primarily
serves School District #26 students and will be 14 days long from June 20 through July 5
(no program on July 4) and be based at Euclid School. The North Camp has 60 students
in the camp with 57 of them being Mount Prospect residents. Summer Adventure
Camp South primarily serves School District #59 students and will be 15 days long from
July 22 through August 9 and be based at Lutheran Church of Martha and Mary. The
South Camp has 76 students registered for the camp with 65 of them being Mount
Prospect residents.
VILLAGE OF MOUNT PROSPECT
CDBG 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:
9) Of the Total Number of Bene.__.aries reported:
Number of Homeless Persons Given Overnight Shelter:
Number of Beds Created in Overnight Shelter or Other Emergency Housing:
3y �Luia -- 3ummary f or t-mcago- jotiet- 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
$73,600
Very Low (50 %)
Income Limits
Extremely Low
(30 %) Income
Limits
Low (80 %)
Income Limits
Pgz 1 • of
5
6
7
8
Person
Person
Person
Person
$25,80011$29,45011$33,15011 $36,800 11 $39,750 11 $42,700 11 $45,65011 $48,600
$15,50011$17,700 11 $19,90011 $22,100 11 $23,900 I $25,650 11$27,45011 $29,200
$41,250 11$47,150 11 $53,05011 $58,900 11 $63,650 11 $68,350 11$73,05011$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 d ocumentation syste
file: / /H: \PLAN \CDBG \Income Limits \2013\FY 2013 Income Limits Documentation System -- Summary for Chicago - Joliet- Naperville, IL HU... 6/17/201:
#z
T�E CEIIV I E D
AUG 4 2013 AGREEMENT BETWEEN
THE VILLAGE OF MOUNT PROSPECT
AND
Village of Dt � WHEELING AREA YOUTH OUTREACH, INC.
Comm`n' FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING PROGRAM
T S AGREEMENT (referred to as the "Agreement ") is entered into this T day of
U , 2013, by and between the Village of Mount Prospect, an Illinois home rule
munici al corporation (referred to as the "Grantee ") and the Greater Wheeling Area Youth
Outreach, 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 provide a summer day
camp program for youths in the southern area of the Village of Mount Prospect; 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 provide a summer day camp to
youth for the southern area of Mount Prospect (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:
1. Benefit Low /Moderate Income Persons;
286901_1
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:
Activity Total Clients /Year
Summer Adventure South 90 /Yr
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 $6,000.00 (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
286901_1 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
One Final Report shall be required at the conclusion of the Summer Adventure Camp with
the Sub - Recipient's billing. See Paragraph B.
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.
2869011 3
C. Submission to HUD
V.
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.
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
VI.
Sub - Recipient
Mr. Philip Herman
Board President
GWAYO
1023 E. Palatine Road
Palatine, IL 60074
(847) 815 -3940
Philip@gwayo.org
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.
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
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.
2869011 4
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.
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 mg 'tion
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.
2869011 5
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:
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
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.
286901_]
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
g. Other records necessary to document compliance with Subpart K of
24 CFR 570.
2. Income Eli ig�bility
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
2869011
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.
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
286901_1 8
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
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 moo. gov /fdsys /pkg /CFR- 2004- title24 -vol l /content - detail. html
286901_1 9
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
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].
286901_1 10
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
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
286901_1 11
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
b i l it i e s /se ct504fa g.
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
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
286901_1 12
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,
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.
286901_1 13
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
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.
2869011 14
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.
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.
2869011 15
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. Assi ng ability
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
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
286901_1 16
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.
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
286901_1 17
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
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:
286901_1 18
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.
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.
286901_1 19
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, Ma r
ATTEST:
'�'/ Z)X
Lisa gell, Village C rk
GREATER WHEELING AREA
YOUTH OUTREACH, INC.:
GWAYO c., P sident
6 6
A 1 1v�
Print Name
ATTEST:
GWAYO Inc., Secretary
�Lcl{sN2.
Print Name
1 -off
Date Date
286901_1 20
EXHIBIT A
Summer Adventure Camp is a summer enrichment day camp for young people
from 4 year olds through leaving seventh grade. Students are strongly encouraged
through fee reduction to attend summer school in the morning and then come to camp in
the afternoon. Camp activities include extra reading, arts /crafts, and organized games
(including sports and swimming once a week). In addition, students are given the option
of attending one big field trip (i.e. Chicago Sky game and Ravinia Festival —North
Camp) during the three weeks of camp. Summer Adventure Camp North primarily
serves School District #26 students and will be 14 days long from June 20 through July 5
(no program on July 4) and be based at Euclid School. The North Camp has 60 students
in the camp with 57 of them being Mount Prospect residents. Summer Adventure
Camp South primarily serves School District #59 students and will be 15 days long from
July 22 through August 9 and be based at Lutheran Church of Martha and Mary. The
South Camp has 76 students registered for the camp with 65 of them being Mount
Prospect residents.
VILLAGE OF MOUNT PROSPECT
CDBG PUBLIC SERVICE PROGRAM_
YEAR -END REPORT
FISCAL YEAR JANUARY 1, 2013 TO DECEMBER 31, 2013
Name of Agency:
Name of Program:
Prepared By:
Date:
0
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:
9) Of the Total Number of Bene..__.aries reported:
Number of Homeless Persons Given Overnight Shelter:
Number of Beds Created in Overnight Shelter or Other Emergency Housing:
„ -- 3uiiiiliary for k jo Naperville, 1L HUD Metro FMR Area
FY 2013 Income Limits Documentation System
FY 2013 Income Limits Summary
Chicago - Joliet - Naperville, IL HUD Metro FMR Area
Median - --
Income FY 2013 Income 1 2 3 4 5
Limit Category Person Person Person Person Person
Very Low (50 %)
Income Limits
Chicago- Joliet-
Naperville, IL HUD
Metro FMR Area
Extremely Low
(30 %) Income
$73,600 Limits
Low (80 %)
Income Limits
� l v)I1
Page I.Of
$25,800 11 $29,45011 $33,15011 $36,800 11 $39,750 11 $42,700 11 $45,650 $48,600
$15,500 $17,700 11 $19,90011 $22,100 11 $23,900 11 $25,650 11 $27,450 11$29,200
$41,250 $47,150 $53,050 $58,900 $63,650 $68,350 $73,050 $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, IL .
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 syste
file:HH: \PLAN \CDBG \Income Limits \2013\FY 20 13 Income Limits Documentation System -- Summary for Chicago - Joliet- Naperville, IL HU... 6/17/201: