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HomeMy WebLinkAboutRes 22-13 08/06/2013 Authorizing an Agreement with Search Inc.RESOLUTION NO. 22 -13 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND SEARCH INC. WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the President and Board of Trustees of the Village of Mount Prospect that Search Inc. operates community —based group homes for adults with intellectual disabilities (referred to as the "Supported Living Program ") and has applied for CDBG funds to replace windows and doors at one such group home being located at 908 S. Golfview Place in the Village of Mount Prospect; and WHEREAS, the program operated by Search Inc. and the proposed rehab work approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low /moderate- income persons. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and Search Inc., a copy of which Agreement is attached and made a part of this Resolution as Exhibit "A ". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by the law. AYES: Hoefert, Korn, Polit, Rogers, Zadel NAYS: None ABSENT: Matuszak PASSED and APPROVED this 6th day of August, 2013 Arlene A. Jura Mayor ATTEST: M. isa Angell Village Clerk H \PLA,N \CCBG\ Sub - Recipients \2013 \VS Meeting \CCBG resoiuticn Search Inc 2013.docx �T)_ • AGREEMENT BETWEEN SEP 5 2013 THE VILLAGE OF MOUNT PROSPECT AND SEARCH, INC., FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDINGge of mt. Prospect Community Development TkIIS AGREEMENT (referred to as the "Agreement ") is entered into this _ of V , 2013, by and between the Village of Mount Prospect, an Illinois home rule munici . al corporation (referred to as the "Grantee ") and Search, 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 operates community -based group homes for adults with intellectual disabilities (referred to as the "Supported Living Program "), one such home being located at 908 S. Golfview Place, Mount Prospect, Illinois (referred to as the "Program Location "), which is the home to six (6) women with intellectual disabilities, and has applied to Grantee for CDBG funds to replace windows and doors at the Program Location to increase energy efficiency; and WHEREAS, the Grantee deems it appropriate to award the CDBG funds to the Sub - Recipient for the Supported Living 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 agrees to continue to operate the Supported Living Program at the Program Location in consideration for Grantee's award of the Grant Funds, as hereinafter described, in accordance with the terms of this Agreement and a rehabilitation contract, in a form substantially as attached hereto and incorporated herein as Exhibit A (hereinafter the "Rehabilitation Contract "). The Grant Funds shall be utilized for the labor and materials necessary to replace such number of windows and doors at the Program Location as the Grantee determines may be replaced with the Grant Funds, which will be further described in the Scope of Work, Attachment A of the Rehabilitation Contract (hereinafter the "Work "). Grantee agrees to select a contractor, according to program guidelines, to perform such Work, after which the contractor, Grantee and Sub - Recipient will enter into the Rehabilitation Contract and Grantee shall pay the contractor directly pursuant to that Contract, and subject to the terms of this Agreement. 3108701 B. National Objectives The Sub - Recipient certifies that the Supported Living Program at the Program Location, which will be supported by the Grant Funds, meets and will continue to meet one or more of the following National Objectives (the "National Objectives ") for CDBG programs, as defined in 24 CFR § 570.208: 1. Benefit Low/Moderate Income Persons; 2. Aid in the prevention or elimination of slums or blight; or 3. Meet a need having a particular urgency /emergency. C. Levels of Accomplishment In addition to the normal administrative services required by this Agreement, the Sub - Recipient agrees to provide the following levels of program services: Activity Total Clients /Year SUPPORTED LIVING PROGRAM UP TO 6 D. Performance Monitoriniz The Grantee will monitor the performance of the Sub - Recipient against its obligations 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 Funding under this Agreement shall be available on the Effective Date, as hereinafter defined, and end on December 31, 2013. Unless otherwise specifically provided in this Agreement, Sub - Recipient's obligations under this Agreement shall continue from the Effective Date until such time as the Grantee determines that Sub - Recipient has met those obligations, which shall be determined at the latest upon Grantee's review of the Year End Report, as described in Section IV(A) of the Agreement. III. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed $15,000 (referred to as the "Grant Funds "). The Grantee will pay the Grant Funds to the contractor, who is engaged by Grantee to conduct the Work, in accordance with the terms of the Rehabilitation Contract, which shall be executed by Grantee, Sub - Recipient and the contractor. IV. REPORTING 310870_1 A. Year End Report CI VI. On or before January 15, 2014, Sub - Recipient shall complete and submit to Grantee the Year End Report, which is attached hereto as Exhibit B. This report will highlight the accomplishments of the Supported Living Program for the fiscal year, from January 1, 2013 to December 31, 2013, and summarize the number of Mount Prospect residents served. Grantee shall review the Year End Report for compliance with the terms of this Agreement and notify Sub - Recipient of its findings within thirty (30) days of receipt of the Report. B. 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. NOTICES & COMMUNICATIONS Notices and communications under this Agreement shall be served personally or sent registered or certified mail, postage prepaid, to the respective Parties as follows: Grantee Mr. William J. Cooney, Jr. Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 (847) 818 -5328 Fax: (847) 818 -5329 Sub - Recipient Beth Valukas Executive Director Search Inc. 1925 N. Clybourn Avenue Suite 200 Chicago, IL 60614 (773) 305 -5000 Ext. 30 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 or 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 § 52. The Sub - Recipient further agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds 310870_1 3 provided by this Agreement. The Sub - Recipient further agrees to utilize those funds to supplement, rather than supplant funds otherwise available. The Sub - Recipient shall, at all times, observe and comply with all laws, ordinances or regulations of the Federal, State, County and local government which may in any manner affect the performance of this Agreement, and the Sub - Recipient shall perform all acts under this Agreement in the same manner as the Grantee, as a contractor of the Federal Government, is or would be required to perform such acts. B. "Independent Contractor" Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the Parties. The Sub - Recipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance as the Sub - Recipient is an independent Sub - Recipient. C. Hold Harmless The Sub - Recipient shall hold harmless, save and indemnify the Grantee and each and every one of its officers, agents, employees, servants, 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, including any contractors and subcontractors engaged to perform the Work contemplated under this Agreement, except to the extent that the Grantee fails to pay the Grant Funds for the Contract Amount set forth in the Rehabilitation Contract in accordance with the terms of 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. This Section shall survive termination or expiration of this Agreement. 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. 310870_1 4 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 Recognition The Sub - Recipient shall use its best efforts to recognize the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Sub - Recipient will include a reference to the support provided herein in all publications made possible with funds provided by this Agreement. G. Amendments This Agreement may be amended at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by duly authorized representatives of both Parties, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Sub - Recipient from its obligations under this Agreement. Notwithstanding the foregoing, the Grantee may, in its discretion, amend this Agreement to conform to Federal, State or local governmental guidelines, policies and available funding agreements, or for other reasons. If such amendment results in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by duly authorized representatives of both Parties, and approved by the Grantee's governing body. H. Suspension or Termination In accordance with 24 CFR § 85.43, the Grantee may suspend or terminate this Agreement if the Sub - Recipient materially fails to comply with any terms of this Agreement, which include, but are not limited to, the following: 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 310870_1 4. Submission by the Sub - Recipient to the Grantee of reports that are incorrect or incomplete in any material respect. 5. Failure to comply with Sub - Recipient's obligations under Section 1, Scope of Services, of the Agreement. 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. Upon termination of the Agreement by Grantee, Sub - Recipient agrees to reimburse Grantee for any Grant Funds paid to Contractor and to assume the Grantee's obligations to pay the Contractor any remaining amounts due or to become under the Rehabilitation Contract. Such reimbursement shall be made within ninety (90) days of Grantee's notice to Sub - Recipient requesting reimbursement. Grantee shall have such legal and equitable remedies as may be available to enforce this provision. VII. ADMINISTRATIVE REQUIREMENTS A. 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 § 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 § 570.502, and 24 CFR § 84.21 -28; and g. Other records necessary to document compliance with Subpart K of 24 CFR § 570. 310870_1 6 2. Income Eligibility Eligible households must have income below those noted in HUD's Fiscal Year 2012 Income Limit Summary, which is attached hereto as Exhibit C, though the Sub - Recipient may establish program income criteria below those levels. The Sub - Recipient shall utilize annual income in determining and documenting income for participating clients. Annual income is the gross amount of income anticipated by all adults in a family during the 12 months following the effective date of determination. To calculate annual income, the Sub - Recipient may choose one (1) of the three (3) definitions of income listed below: 1. Annual income as defined under the Section 8 Housing Assistance Payments Program; 2. Adjusted gross income as defined for purposes of reporting under IRS Form 1040 (long form) for Federal individual income tax purposes; or 3. Annual income as defined for reporting under the Census long form for the most rent available decennial Census. Use of any other income definition is considered ineligible for HUD and CDBG funding and therefore not permitted. The term "household" means "all persons occupying a housing unit. The occupants may be a family, as defined in 24 CFR § 5.403; two or more families living together; or any other group of related or unrelated persons who share living arrangements, regardless of actual or perceived, sexual orientation, gender identity or marital status." See 24 CFR § 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. 310870_1 7 4. Client Data The Sub - Recipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. 5. Disclosure The Sub - Recipient understands that client information collected under this Agreement is private. The use or disclosure of such information, when not necessary and directly connected with the administration of the Grantee's or Sub - Recipient's responsibilities with respect to services provided under this Agreement, is prohibited, unless written consent is obtained from the client, and, in the case of a minor, from the parent/guardian. Disclosure of such information must also comply with applicable State and Federal laws. 6. Property Records The Sub - Recipient shall maintain a real property inventory, which identifies properties purchased, improved or sold using CDBG funds. 7. Close -Outs The Sub - Recipient's obligation to the Grantee shall not end until the Grantee has submitted the Year -End Report as provided in Section IV(A) of this Agreement. 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 310870_1 8 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 hnp://www.gpo.gov/fdsys/Pkg/CFR-2004-title24-vol I /content- detail.html 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 because of race, color, religion, ancestry, national origin, sex, disability or other handicap, age, marital status, physical or mental disability, sexual orientation, military status, unfavorable discharge from military service or order of protection status, or as otherwise prohibited by state or Federal law. 310870_1 9 3. 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 bilities /sect504faq. B. Employment Restrictions 1. Prohibited Activity The Sub - Recipient is prohibited from using funds provided by this Agreement or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2. Labor Standards The Sub - Recipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Sub - Recipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Sub - Recipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Sub - Recipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this Agreement, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Sub - Recipient of its obligation, if any, to require payment of the higher wage. The Sub - Recipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 310870_1 10 3. 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. C. 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. 2. 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. 3. 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. 310870_1 11 4. Lobbying The Sub - Recipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of Sub - Recipient, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement; b. If any funds, other than Federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; C. Sub - Recipient will require that the language in paragraph (d) be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly; and d. Lobbying Certification — Paragraph d This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 5. Religious Organizations The Sub - Recipient agrees that funds provided by this Agreement will not be utilized for inherently religious activities, prohibited by 24 CFR § 570.2000), such as worship, religious instruction, or proselytization. X. SEVERABILITY 310870_1 12 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. 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. (SIGNATURE PAGE TO FOLLOW) 310870_1 13 VILLAGE OF MOUNT PROSPECT: Arlene Juracek, May6f ATTEST: Liia')Gje Villa Clerk Date SEARCH, INC. Print Name ATTEST: SEARCH, INC., Secretary - T f4 z en Print Name ye, i 3 Date I 3108701 14 EXHIBIT A REHABILITATION CONTRACT This Rehabilitation Contract (hereinafter the "Agreement ") is made by and among , an Illinois (hereinafter the "Contractor "), and Search, Inc, an Illinois not - for - profit corporation, (hereinafter the "Owner ") who holds legal or has beneficial interest in the real property commonly known as 908 S. Golfview Place, Mount Prospect, Illinois (hereinafter the Subject Property "), and the Village of Mount Prospect, an Illinois home rule municipal corporation (hereinafter the "Village ") for rehabilitating the Subject Property. (Contractor, Owner and Village sometimes hereinafter referred to as "Party" individually or "Parties" collectively). WHEREAS, pursuant to its home rule powers, the Village has established a Housing Rehabilitation Program for the purpose of providing financial assistance to certain homeowners in order to facilitate the restoration of damaged or deteriorated residential dwellings within the Village to the standards established by federal and Village building codes; and WHEREAS, Owner requests Contractor to perform the restoration Work, as hereinafter defined, and Contractor agrees to provide such Work; and WHEREAS, the Village and Owner, or the Village and the trustee of a trust holding title to the Subject Property at the direction of Owner, have agreed, pursuant to a Housing Rehabilitation Program Agreement that the Village shall pay Contractor, on Owner's behalf, for Contractor's performance of the Work, as hereinafter defined, under the terms of this Agreement; NOW THEREFORE, in consideration of the provisions set forth above and incorporated herein by reference, and for other good and valuable considerations, the Parties do hereby agree: Scope of Service The Contractor shall furnish and provide all labor, materials, equipments and services, and do all else required to make improvements to the Subject Property, as specified in Attachment A, which is attached hereto and incorporated herein (hereinafter the "Work "). Performance of the Work a. The Work shall be constructed in a workmanlike manner and in accordance with applicable laws, rules, ordinances, and /or regulations relative to the performance of the Work, including the federal Building Codes and the Village's Maintenance and Building Codes (hereinafter collectively the "Regulations "). b. The Contractor has reviewed the requirements set forth in Attachment A, and field verified that those requirements comply with the Regulations. In no event shall the Work be performed in violation of the Regulations. If the Contractor performs Work contrary to the Regulations, it shall bear all costs and penalties arising therefrom. c. The Contractor shall take all necessary steps to protect the Subject Property, as well as furnishings and persons thereon from injury or damage. Drop cloths shall be used when necessary. The Contractor shall keep the premises clean and orderly during the course of the Work and remove all debris at the completion of the Work. 310870_1 3. Time of Performance a. The Contractor shall begin the Work within thirty (30) calendar days of the date set forth on a fully executed Notice to Proceed (the "Begin Work Date "), substantially in the form as set forth in Attachment B, which is attached hereto and incorporated herein, and shall proceed in a continuous manner. All Work shall be completed within ninety (90) calendar days of the Begin Work Date. b. Notwithstanding the aforesaid, the Contractor is excused from compliance with this performance time period to the extent that the delay is authorized in writing by the Village, delay is caused by Owner's lack of cooperation as determined solely by the Village, or delay or nonperformance are caused by an act of God, strikes, unavailability of materials, or any other contingency beyond the Contractor's control, in which cases the time of completion shall be extended for such reasonable time as the Village may deem reasonable. 4. Payments The Owner shall pay to the Contractor for completion of the Work the total amount of DOLLARS AND 00/100 ($ .00) (hereinafter the "Contract Amount "), which sum shall include the permit fee of $25.00. Said payment shall be made by the Village, on Owner's behalf, up to and including $15,000. The Owner shall pay to and be responsible for any and all amounts exceeding $15,000. b. If the Contract Amount exceeds seventy-five hundred ($7,500.00) dollars, the Village, in its sole discretion, may authorize one (1) partial payment for completion of a certain portion of the Work, subject to its satisfactory inspection and approval of that portion of the Work and receipt of appropriate, original waivers of mechanics and material liens to date. c. Upon completion of the Work, Contractor shall provide the Village with an invoice evidencing its cost for labor, materials, equipments and services under this Agreement, including the costs of any of it subcontractors, vendors, and suppliers, and a properly completed Contractor's Affidavit setting out, under oath, the name, address and amount due or to become due, of Contractor, each subcontractor, vendor, supplier or other appropriate party included in its cost. For every party listed, the Contractor shall also provide a full waiver of lien. Upon receipt of said invoice, Contractor's Affidavit and the required lien waivers, and acceptance of the Work by the Village based upon its determination that the Work is satisfactory (hereafter "Final Acceptance "), the Village shall make final payment due to the Contractor in compliance with the Illinois Prompt Payment Act, 50 ILCS 505/1 et seq. In approving the Work, the Village shall take into consideration Owner's comments and concerns. Final payment shall credit any amount paid pursuant to Subparagraph b above. d. If the Owner and Village agree that it is necessary to correct Work performed in violation of this Agreement, an equitable deduction from the Contract Amount shall be made therefrom, as determined by the Village. Assignment The Contractor shall not assign this Agreement without prior written approval of the Owner and Village. In the event that the Owner and Village so approve an assignment, the Contractor shall remain responsible for the acts and omissions of his /her assigns. 6. Indemnification The Contractor shall indemnify, release and hold harmless the Owner, the trust, trustee and beneficiaries, if applicable, the Village, its officers, officials, agents, employees, volunteers, representatives, assigns, successors, transferees, licensees, invitees, and attorneys (hereinafter the "Indemnitees "), from any and all risks, lawsuits, actions, damages, losses, expenses (including attorneys' fees), claims, or liabilities of any character, brought because of any death, injuries or damages received or sustained by any person, persons, or property on account of any act, omission, neglect or misconduct of Contractor, its officers, agents and /or employees, including any of its subcontractors, arising out of or in performance of any provision of this Agreement, 310870_1 including any claims or amounts arising or recovered under the Workers' Compensation Act or any other law, ordinance, order or decree. The Village shall be liable under this Agreement only in regard to its agreement to pay the Contract Amount in compliance with the terms of this Agreement. 7. Insurance During the term of this Agreement, the Contractor shall provide, at its sole cost and expense, the following types of insurance, written on the comprehensive form and as an "occurrence" policy, primary to any insurance of the Owner and Village, in not less than the following specific amounts: a. Comprehensive General Liability - $1,000,000 limit for bodily injury, personal injury or death to each person; $1,000,000 limit for property damage per occurrence; and $1,000,000 for all other types of liability, including contractual liability. The aggregate shall be a minimum of $2,000,000. A copy of the policy may be required. b. Automobile Liability: $1,000,000 limit per accident for each person and $1,000,000 for each occurrence. Said insurance is to be extended to cover owned, non -owned and hired vehicles. c. Workers Compensation: limits required by Illinois' State statute, by an insurance company licensed to write workers compensation coverage in the State of Illinois. d. Employer Liability: limits of not less than $1,000,000. Contractor shall furnish to the Village and Owner, prior to commencing any activities under this Agreement, satisfactory proof of the above insurance requirements by a reliable insurance company or companies authorized to do business in Illinois. Such proof shall consist of certificates executed by the respective insurance companies and filed with the Village and Owner. Said certificates shall list the Indemnitees, as additional insureds and loss payees on all applicable insurance policies and. Such insurance will not be canceled, reduced, or materially changed without providing the Village thirty (30) days advance written notice, via certified mail. Contractor shall require that each and every one of its subcontractors maintain, in full force and effect, the insurance coverage required hereinabove and Contractor shall provide evidence of same in writing to Village. In the alternative, Contractor, at its expense, may provide such coverage for any or all its subcontractors, but if Contractor does so it shall provide evidence of same in writing to Village. Failure by Contractor or Contractor's subcontractors to carry the required insurance does not relieve Contractor from any liability of the subcontractors that would otherwise be covered by insurance. In no event shall a subcontractor perform any work unless covered by insurance as required herein. 8. Permits and Licenses All permits and licenses necessary for the completion and execution of the Work shall be secured and displayed by the Contractor. 9. Access to Subiect Property a. The Contractor shall at all times permit the Village, its employees and its agents access to the Subject Property to inspect the Work for compliance with the terms of this Agreement, including Attachment A and the Regulations. b. The Owner shall cooperate with the Contractor in order to facilitate Contractor's access to the Subject Property and performance of the Work, and shall permit the Village to access the Subject Property to inspect the Work. 10. Warranty The Contractor shall guarantee and warrant the Work against defects in workmanship and materials for a period of twelve (12) months from the date of Final Acceptance. Upon Final Acceptance, the Contractor shall 310870_1 fumish the Owner with all manufacturers' and suppliers' written guarantees and warranties covering materials and equipment furnished under the Agreement. Any defects that appear within this twelve (12) month period and arise out of defective or improper materials or workmanship shall, upon direction of the Owner, be corrected by the Contractor at its own expense within a reasonable period of time after receipt of notice from Owner, but not longer than ninety (90) days from the date of receipt of the notice. The Village reserves the right to re- inspect such Work 11. Notice Any and all notices, demands, consents and approvals required under this Agreement shall be sent and deemed received: A) the date of service if by personal service; B) on the third business day after mailed by certified or registered mail, postage prepaid, return receipt requested, or C) on the next business day after deposit with a nationally- recognized overnight delivery service (such as Federal Express or Airborne) for guaranteed next business day delivery, if addressed to the Parties as follows: To CONTRACTOR: Name: To OWNER: Search, Inc. 1925 N. Clybourn Avenue Suite 200 Chicago, Illinois 60614 To VILLAGE: Village Manager Village of Mount Prospect 50 South Emerson Street Mount Prospect, Illinois 60056 The name and /or address to which notice is required may be amended at any time by written notice to the other party as provided herein. 12. Default; Termination In the event that the Contractor fails to complete the Work in accordance with the provisions of the Agreement, including the performance time period, Village shall give written notice of said failure and its intention to declare Contractor in default. Within ten (10) days of receipt of said notice, Contractor shall cure the default or make arrangements, satisfactory to Village, for its correction. If Contractor fails to cure the default within that time period, the Contractor may be declared in default by Village. Upon declaring the Contractor in default by written notice, the Village may proceed to have the Work completed by other means, terminating Contractor's services under this Agreement. In such case, Contractor will not be entitled to receive any further payments under this Agreement until the Work is wholly finished, at which time Contractor will be paid whatever balance is found to be due to it for amounts expended either for labor, materials, payments to subcontractors, or otherwise, less, however, any expenses or damages Owner may suffer by completing the Work. It is understood and agreed that should the expense to Owner in completing the Work under this Agreement be increased because of such discontinuance of the employment of Contractor, then Contractor will be responsible to Owner for the entire increase in addition to other expenses or damages. Any such payments shall be subject to Contractor's compliance with the invoice, Contractor's Affidavit and waiver of lien requirements described in Paragraph 4(c) of this Agreement. 13. Nondiscrimination; Adherence To Laws The Owner shall not discriminate against the Contractor, any subcontractor, or their employees because of age, race, religion, color, sex, national origin, ancestry, marital status, physical or mental disability, military status, unfavorable discharge from military service, sexual orientation or order 310870_1 4 of protection status. The Contractor will not discriminate against the Owner or members of Owner's household because of age, race, religion, color, sex, national origin, ancestry, marital status, physical or mental disability, military status, unfavorable discharge from military service, sexual orientation or order of protection status. The existence of a contract between the Village of Mount Prospect and the Contractor does not exempt any of the Contractor's employees from any federal, state, county or municipal laws or ordinances, nor does it convey any special privileges or rights upon said employees. In addition, Contractor is required to comply with all applicable federal, state, county and municipal laws and ordinances, including the following: a. Provide a drug free Workplace pursuant to the Illinois Drug Free Workplace Act (30 ILCS 580/1, et seq.); b. Comply with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2 -101, et sec.), and the Rules and Regulations of the Illinois Department of Human Rights, including establishment and maintenance of a sexual harassment policy as required by Section 2 -105 of that Article and Act; C. Comply with the Americans with Disabilities Act; and d. Comply with the provisions of the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE, in Title 44, Part 750, Section 750, APPENDIX A, Illinois Administrative Code, which is required by the Illinois Department of Human Rights as a material term of all public contracts. 14. Economic Opportunities Contractor agrees to comply with Section 3 of the Housing and Urban Development (HUD) Act of 1968, ensuring that, to the GREATEST EXTENT feasible, opportunities for training and employment will be given to lower income residents in the area of the Subject Property and purchases and /or contracts for work in connection with the Work will be awarded to small business concerns which are located in, or owned in substantial part by the persons residing in the area of the Subject Property. 15. Choice Of Law And Forum This Agreement shall be construed pursuant to the laws of the State of Illinois. Any litigation regarding this Agreement or its content shall be filed in the Circuit Court in Cook County, Illinois. 16. Enforceability If any provision of this Agreement is found to be invalid, illegal or unenforceable, that provision shall be severable from the rest of this Agreement and the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired. 17. Entire Agreement This Agreement sets forth all of the entire understanding of the Parties relative to the subject hereof and supersedes any and all prior agreements, express or implied, oral or written. No amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the Parties. 18. Remedies In addition to any other provision in this Agreement, the Parties shall have all remedies, at law or in equity, in order to enforce the terms of this Agreement. 19. Captions and Paragraph Headings The captions and paragraph headings used herein are for convenience only and are not a part of this Agreement and shall not be used in construing it. 20. No Waiver or Relinquishment of Right to Enforce Agreement Failure of any Party to this Agreement to insist upon the strict and prompt performance of the terms, covenants, agreements and conditions herein contained, or any of them, upon any other party imposed, shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. 310870_1 IN WITNESS THEREOF, the Parties hereto execute this Agreement. CONTRACTOR: Print Name & Title VILLAGE OF MOUNT PROSPECT Date: Print Name: Date: Print Name: Date: Date: Tax Identification # 310870_1 6 ATTACHMENT A XVI. SCOPE OF WORK 310870_1 ATTACHMENT B NOTICE TO PROCEED AUTHORIZATION TO BEGIN CONSTRUCTION Contractor is authorized to begin construction of the Work on (the "Begin Work Date ") at the property located at , Mount Prospect, Illinois. Construction shall begin within 30 calendar days of Start Work Date and shall be completed within 90 calendar days of that date, except as otherwise provided in the Rehabilitation Contract. , Owner , Contractor Village of Mount Prospect Date Date Contractor received Notice to Proceed: Personal service ; Return receipt of certified or registered mail: Service by a nationally- recognized overnight delivery service (such as Federal Express or Airborne) for guaranteed next business day delivery: SERVICE BY: Date Date 310870_1 RECEIVED Exhihit A Search, Inc. —Program Description Mount Prospect CDBG Contract September 2013 SEP 5 2013 Pillage of Mt. Prospect Community Development Search's Supported Living Program provides community -based group homes for adults with developmental disabilities. Search, Inc. will use the funding awarded through the 2013 CDBG to replace the exterior windows to increase energy efficiency in a group home for six (6) women with intellectual disabilities located at 908 S. Golfview Avenue in Mount Prospect. This CDBG funding helps to support Search's efforts to respond effectively to rising energy costs related to maintaining supported housing for adults with intellectual disabilities. VILLAGE OF MOUNT PROSPECT /` 1 f 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 Beneficiaries reported: Number of Homeless Persons Given Overnight Shelter: Number of Beds Created in Overnight Shelter or Other Emergency Housing: FY 2013 Income Limits Documentation System -- Summary for Chicago - Joliet - Naperville, IL HUD Metro FMR Area Page 1 of 2 FY 2013 Income Limits Documentation System FY 2013 Income Limits Summary Chicago- Joliet - Naperville, IL HUD Metro FMR Area ,III Median FY 2013 Income Income FY 2013 Income 1 2 3 4 5 6 7 8 Limit Area Limit Category Person Person Person Person Person Person j Person Person I Very Low (50 %) l Income Limits $25,800 $29,450 $33,150 $36,800 $39,750 $42,700 $45,650 i $48,600 I Extremely Low I Chicago- Joliet- (30 %) Income Naperville, IL HUD $73,600 Limits $15,500 $17,700 $19,900 $22,100 $23,900 $25,650 $27,450 $29,200 �i Metro FMR Area ! Low (80 %) �j Income Limits $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, 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 Re d ocumentat ion system file: //H:\PLAN\C DB G\Income Limits \2013\FY 2013 Income Limits Documentation System -- Summary for Chicago - Joliet- Naperville, IL HU... 6/17/2013