HomeMy WebLinkAbout11-121 ,
Resolution No. 11-121
RESOLUTION
AUTHORIZING EXECUTION OF AN EXCLUSIVE RIGHT TO SELL AGREEMENT
WITH REALTY WORLD FOX VALLEY, INC.
(463 E. Chicago Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Sean R. Stegall,City Manager,and Kimberly A.Dewis,City Clerk,be and are hereby authorized and
directed to execute an Exclusive Right to Sell Agreement on behalf of the City of Elgin with Realty
World Fox Valley,Inc.for the sale of property commonly known as 463 E.Chicago Street,a copy of
which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: July 13, 2011
Adopted: July 13, 2011
Vote: Yeas: 6 Nays: 1
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
[13EXCLUSIVE RIGHT TO SELL AGREEMENT
For Exclusive Use by REALTOR®Members of the
REALTOR' REALTOR® ASSOCIATION OF THE FOX VALLEY, INC. moor HOW*
soseattimotv
1 To:
2
3 REALTY WORLD FOX VALLEY INC 825 VILLAGE QUARTER RD STE B1 WEST DUNEE IL 60118
4 (Licensed Agency and/or Authorized BROKER'S name) (Address&City&Zip code)
5 In consideration of the following agreements and of your efforts to procure a qualified BUYER for the property and
6 improvements thereon described below, I (we), the undersigned, hereinafter referred to as SELLER, appoint you,
7 hereinafter referred to as BROKER as my (our) sales agent with the EXCLUSIVE RIGHT TO SELL said property,
8 commonly known as:
9 Address (4 (03 "E. . CQUo ST , CityE.``t County‘e-468•1& Stats `Zip O l-c-c)
10 Price: $ 2 lS 000 ' o or such lesser amount as SELLER agrees in writing to accept.
11 Legal Description: P • • Of — 1 3 - - t 1 - OO
12 Lot Approximately
13 Possession will be granted at closing unless otherwise agreed in writing by BUYER and SELLER.
14
15 FIXTURES AND PERSONAL PROPERTY
16 BROKER has prepared a certain "data sheet" describing the improvements on and other details concerning the real
17 estate, using information supplied by SELLER. The data sheet will be circulated to other BROKERS for their use in
18 selling the property. SELLER agrees to transfer to BUYER all fixtures, all heating, electrical, plumbing and well
19 systems together with the following items of personal property by Bill of Sale:[Check or enumerate applicable items]
20 Refrigerator A1I Tacked-Down Carpeting _Fireplace Screen,Door,Grate Central Air Conditioning
21 „It Oven/Range/Stove All Window Treatments&Hardware Fireplace Gas Logs _Electronic or Media Air Filter
22 y[ Microwave _Built-in or Attached Shelving _Existing Storms&Screens _Central Humidifier
23 Dishwasher gn_Smoke Detector(s) _Security System(s)(owned) _Sump Pump(s)
,e Garbage Disposal X Ceiling Fan(s) _Intercom System _Water Softener(owned)
25 _Trash Compactor TV Antenna System Central Vac&Equipment _Outdoor Shed
26 X Washer _Window Air Conditioner(s) _Electronic Garage Door Opener(s) Attached Gas Grill
27 ye Dryer aC Planted Vegetation with all Transmitter(s) Light fixtures,as they exist
28 _Satellite dish Outdoor Playsets _Invisible fence system,collar&box _Home Warranty$
30
31 Other items included:
32 All of the fixtures, systems and personal property included in this contract are owned by SELLER and to SELLER'S
33 knowledge are in operating condition at the time of possession,except;
34 Items NOT included:
35 A system or item shall be deemed to be in operating condition if it performs the function for which it is intended,
36 regardless of age,and does not constitute a threat to health or safety.
37
38 SELLER OBLIGATIONS
39 SELLER agrees to provide a copy of a current survey,by a licensed surveyor,showing the location of buildings or other
40 improvements to be within lot lines and showing no encroachments of improvements from adjoining property.
41 SELLER agrees to furnish BROKER/ATTORNEY without delay after the beginning date of this agreement, a copy of
42 the owner's title guaranty policy to be converted to title policy covering said property.
43 SELLER agrees to furnish at SELLER'S expense a commitment for title insurance in the amount of the sale price as
44 evidence of merchantable title; to execute or cause to be executed an appropriate deed to the BUYERS of the property
45 and all necessary legal documents. All taxes, assessments, rent, utilities, interest, insurance, and other like items are to
46 be prorated to date of deed or of possession, if possession is delivered at a date different from delivery of deed. NOTE:
47 Regarding most recent taxes, HOMESTEAD EXEMPTION (does/does not) apply. LIMITED EXEMPTION
48 (does/does not)apply.(Strike words not applicable)
49 SELLER, as owner, certifies that SELLER has not added to nor disposed of any part of the property nor gained any
50 easements in favor of or against the property not disclosed in the title guaranty policy, except as stated herein:
51 NONE
52 SELLER has no knowledge of any zoning or building code violations; any assessments or special taxes for
53 improvements, either of record or in process pending, applicable to the property listed herein unless otherwise
54 specifically stated herein: NONE and
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55 should SELLER, in the future, receive any notice thereof, SELLER agrees to notify the BROKER immediately, unless
56 otherwise specifically stated herein.
57 SELLER agrees to give BUYER a reasonable number of days to obtain financing after acceptance of a written offer.
58 SELLER represents that SELLER has no knowledge of any improvements for which the required permits were not
59 obtained EXCEPT: NONE
a
;: exemptiee BXCEPT, "I"I'F •
. _'.
63 SELLER shall indemnify, save and hold BROKER harmless from all claims, disputes, litigations,judgments and/or
64 costs, whether or not frivolous, arising from any misrepresentations made by the SELLER, any incorrect information
65 supplied by the SELLER or from any material fact concerning the property which the SELLER fails to disclose.
66 SELLER shall remove all debris from premises by date of possession.
67 THE SELLER AND BROKER UNDERSTAND THAT IT IS ILLEGAL TO REFUSE TO DISPLAY OR SELL TO
68 ANY PERSON BECAUSE OF ONE'S MEMBERSHIP IN A PROTECTED CLASS, E.G. RACE, COLOR,
69 RELIGION, NATIONAL ORIGIN, SEX, ANCESTRY, AGE, MARITAL STATUS, PHYSICAL OR MENTAL
70 HANDICAP, FAMILIAL STATUS, OR ANY OTHER CLASS PROTECTED BY ARTICLE 3 OF THE ILLINOIS
71 HUMAN RIGHTS ACT.
72
73 BROKER'S RESPONSIBILTY
74 BROKER shall make an earnest, diligent and continuous effort to sell the property to a qualified BUYER and to
75 advertise as BROKER deems advisable; to photograph; to display a "FOR SALE" sign; and, in the event of a sale to
76 display a"SOLD"sign on the property for a reasonable period of time.
77 BROKER shall submit property to the Multiple Listing Service of Northern Illinois and may also submit property to any
78 other MLS of which BROKER is a participant or in which BROKER has access.
79 BROKER is authorized to promote the property through any electronic medium and/or on any internet webpage to
80 which the BROKER may subscribe.
81 BROKER is authorized to utilize other BROKERS in carrying out BROKER'S obligations hereunder.
82 BROKER is also authorized to disseminate information about the property to real estate BROKERS representing
83 potential BUYERS (hereinafter "BUYER Agents"). SELLER agrees that any payment by BROKER to a BUYER'S
84 Agent or another BROKER shall not create any agency relationship between the BUYER'S Agent and the BROKER or
85 SELLER.
86 BROKER shall provide the MLS with timely notice of changes in the status of the listing;and shall,upon the sale of the
87 property, provide MLS with sales information, including but not limited to the selling price, for dissemination by the
88 MLS to its members.
89 BROKER shall not be responsible for the maintenance of the property listed, unless by separate written agreement,nor
90 for vandalism,theft or damage of any nature affecting the subject property.
91 Broker will comply with the Illinois Real Estate License Act of 2000 Article 15, Section 15-75 Required Minimum
92 Services.
Sec. 15-75. Exclusive brokerage agreements. All exclusive brokerage agreements must specify that
the sponsoring broker,through one or more sponsored licensees,must provide,at a minimum,the
following services:
(1)accept delivery of and present to the client
offers and counteroffers to buy,sell,or lease the client's property or the property the client seeks
to purchase or lease;
(2)assist the client in developing,communicating,
negotiating,and presenting offers,counteroffers,and notices that relate to the offers and
counteroffers until a lease or purchase agreement is signed and all contingencies are satisfied or
waived;and
(3)answer the client's questions relating to the
offers,counteroffers,notices,and contingencies.
93 BOLO U-S 4.-p.—So Y60-Eb42.4..4.- ‘—‘.1'Ck-O `e-3 SEi- u-'°4 :
94 REPRESENTATION OF OTHER CLIENTS ' '-. vac oCSoQ-S '` cte.5,
95 SELLER understands and agrees that BROKER may from time to time represent or assist other SELLERS who may be
96 interested in selling property to BUYERS with whom BROKER has an Exclusive BUYER Agency Contract or with 415
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97 whom BROKER is working as a customer. The SELLER consents to BROKER'S representation of such other
98 SELLERS before, during and after the expiration of this Exclusive Right to Sell Agreement and expressly waives any
99 claims, including, but not limited to, breach of fiduciary duty or breach of contract, based solely upon BROKER'S or
100 Agent's representation or assistance of other SELLERS who may be interested in selling property to BUYERS with
101 whom BROKER has an Exclusive BUYER Agency Contract or with whom BROKER is working as a customer.
102 SELLER further understands and agrees that BROKER may from time to time; represent potential BUYERS who may
103 wish to acquire the property. BROKER is authorized to disseminate information about the property to BROKER'S
104 BUYER clients. If one of the BROKER'S BUYER clients wish to negotiate to purchase the property, SELLER agrees
105 that it will become necessary for BROKER to act as a DISCLOSED DUAL AGENT;however BROKER will not act as
106 a DISCLOSED DUAL AGENT unless SELLER and the potential BUYER have been given full and complete disclosure
107 about BROKER'S role as a DISCLOSED DUAL AGENT and both parties separately consent in writing to BROKER'S
108 status as a DISCLOSED DUAL AGENT.
109
110 DESIGNATED AGENT
111 SELLER understands and agrees that this Agreement is a contract for BROKER to market SELLER'S property and that
112 SELLER'S Designated Agent is the only legal agent of SELLER.
113 SELLER'S Designated Agent will be primarily responsible for the direct marketing of SELLER'S property. The Illinois
114 Real Estate License Act, as amended, allows a BROKER to enter into an agreement with a BUYER or SELLER that
115 specifically designates one or more of the sales associates affiliated with the BROKER as that SELLER'S Designated
116 Agent. This appointment of one or more sales associates as SELLER'S Designated Agent is to the exclusion of all other
117 sales associates affiliated with the BROKER,and the BROKER,himself/herself.
118
119 This means that:
120 a) Sales associates affiliated with the BROKER may be representing both SELLERS and BUYERS in connection with
121 sale or purchase of property.
122 b) The statutory or fiduciary duties owed by an agent to his/her principal will only be owed to a SELLER by that sales
123 associate who is designated as SELLER'S "Designated Agent". The BROKER will not be the legal agent of the
124 SELLER or have any fiduciary relationship with the SELLER.
125 c) The SELLER'S Designated Agent will owe the SELLER statutory or fiduciary duties which, among other things,
126 include the obligation not to reveal confidential information obtained from SELLER or other sales associates within the
127 listing company or from other BROKERAGE finns who are not acting as the legal agents of the SELLER.
128 d) SELLER has been informed that as part of BROKER'S real estate business, BROKER from time to time enters into
129 representation agreements with BUYERS. BROKER also receives inquiries from BUYERS' agents from other real
130 estate BROKERAGE firms for the purpose of showing and negotiating for the purchase or lease of real estate. SELLER
131 desires that BROKER include SELLER'S property in offerings to all potential BUYERS and their agents and authorizes
132 BROKER to cooperate with any BUYER'S agent. The presence of the SELLER'S Designated Agent is not required
133 during showing by a BUYER'S Agent.
134 BROKER hereby advises you that MICHAEL SIMPSON&RUSSEL MOREHEAD (the
135 "SELLER'S Designated Agent,") sales associate affiliated with BROKER, is being named as your Designated Agent in
136 this Agreement with BROKER.
137 SELLER understands and agrees that the SELLER'S Designated Agent will be SELLER'S exclusive legal agent
138 pursuant to this Agreement with BROKER. Further, that SELLER'S Designated Agent and all other sales associates
139 affiliated with BROKER and the BROKER, himself/ herself will be free to enter into agreements with prospective
140 BUYERS as legal agents of those BUYERS.SELLER also understands and agrees that neither BROKER nor other sales
141 associates affiliated with BROKER,other than SELLER'S Designated Agent,will be acting as SELLER'S legal agents.
142
143 POSSIBLE DUAL AGENCY
144 The above named BROKER and Designated Agent (hereinafter sometimes referred to as "Licensee") may undertake a
145 dual representation(represent both the SELLER and the BUYER) ✓ Yes_No(Check One)
146 for sale of your property or properties they may show you. The undersigned acknowledge they were informed of the
147 possibility of this type of representation. Before signing this document,please read the following:
148 Representing more than one party to a transaction presents a conflict of interest since both clients may rely upon
149 licensee's advice and the client's respective interests may be adverse to each other. Licensee will undertake this
150 representation only with the written consent of ALL clients in the transaction.Any agreement between the clients as to a
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151 final contract price and other terms is a result of negotiations between the clients acting in their own best interests and on
152 their own behalf.
153 You acknowledge that licensee has explained the implications of dual representation, including the risks involved, and
154 understand that you have been advised to seek independent advice from your advisors or attorneys before signing any
155 documents in this transaction.
156 •
157 WHAT A LICENSEE CAN DO FOR CLIENTS WHEN ACTING AS A DUAL AGENT:
158 1.Treat all clients honestly.
159 2.Provide information about the property to the BUYER.
160 3.Disclose all latent material defects in the property that are known to licensee.
161 4.Disclose financial qualifications of the BUYER to the SELLER.
162 5.Explain real estate terms.
163 6.Help the BUYER arrange for property inspections.
164 7.Explain closing costs and procedures.
165 8.Help the BUYER compare financing alternatives.
166 9.Provide information about comparable properties that have sold so both clients may make educated decisions on what
167 price to accept or offer.
168
169 WHAT A LICENSEE CANNOT DISCLOSE TO CLIENTS WHEN ACTING AS A DUAL AGENT:
170 1.Confidential information that licensee may know about the clients,without the client's permission.
171 2.The price the SELLER will take other than the listing price without permission of the SELLER.
172 3. The price the BUYER is willing to pay without permission of the BUYER.
173 4. A recommended or suggested price the BUYER should offer.
174 5.A recommended or suggested price the SELLER should counter with or accept.
175 If either client is uncomfortable with this disclosure and dual representation, please let Iicensee know. You are not
176 required to accept this section unless you want to allow the licensee to proceed as a Dual Agent in this transaction.
177 By checking "Yes" on line 145, and signing below, you acknowledge that you have read and understand this
178 section and voluntarily consent to the licensee acting as a Dual Agent (that is,to represent BOTH the SELLER
179 and the BUYER)should that become necessary.
180
181 TERM AND COMPENSATION
182 THIS EXCLUSIVE RIGHT TO SELL AGREEMENT IS FOR A PERIOD FROM THE L 3 'tr DAY
183 OF —s—`—'7 ,20 LI ,TO THE '2 1ST DAY OF e 'g.0-- ,201 k
184 All inquiries made to the SELLER,shall be immediately referred to the Iisting BROKER and if any sale or exchange is
S
185 made by BROKER, during the EXCLUSIVE period or IF SOLD OR EXCHANGED WITHIN VIM•-( 6•0,
186 DAYS AFTER TERMINATION OF THIS AGREEMENT (UNLESS LISTED WITH ANOTHER LICENSED REAL
187 ESTATE BROKER DURING THIS ADDITIONAL PERIOD, IN WHICH EVENT NO COMMISSION SHALL BE
188 DUE) TO ANY BUYER TO WHOM IT WAS OFFERED OR SHOWN DURING THE TERM OF THIS
189 AGREEMENT BY THE BROKER, SELLER AGREES TO PAY LISTING BROKER A REAL ESTATE
190 COMMISSION OF "6%6^^6 -_- OF THE FULL SELLING PRICE, INCLUDING
191 ENCUMBRANCES,IF SALE IS CONSUMMATED,AND/OR IT BROKER PBRFOI.mc IN ACCORBANCE I�iI
192 IHE TERMC Or TIIIC AGREEMENT AND PRODUCES A READY, WILLING AND A.131,-E BUYER WHO I1A3
193 - = -= = -e • - • -•' - , - ' _ -• •-• • •_ _ • __ -• " . SELLER SHALL PAY it J
194 BROKER THE BROKER'S COMMISSION AT THE IIAIILIIIST OF TIDE TIME OF CLOSING Gilt AT TI•IB TIME. J
195 • • - • • - - - '--- -- . • . . . • - _ _ - _ _ _ __- •
-
196 - - - - - - - •
=
206 EARNEST MONEY DEPOSIT
207 BROKER is hereby authorized to accept a deposit as earnest money to be applied on the purchase price from any
208 BUYER(S)to be held in trust by BROKER as Escrow Agent for the mutual benefit of the parties concerned.
209 I(we)acknowledge receipt of a copy of this agreement.
210 In consideration of BROKER accepting the listing, the undersigned does hereby waive,release and discharge BROKER,
211 REALTOR®Association of the Fox Valley, Inc.,and its members, from any and all liability,claims,or demands which
212 may result from the placing of a house key within a key box for use by other BROKERS in showing the property.
213 NO AMENDMENTS OR ALTERATIONS IN THE TERMS HEREOF OR WITHDRAWAL OF THIS LISTING
214 SHALL BE VALID OR BINDING UNLESS MADE IN WRITING AND SIGNED BY THE PARTIES HERETO.
215 ACCEPTED.
216
217 %IWO • d91 !'," /.-rtECT; e (A"' 14t--%--3-1 7-1 3-1 1
218 SELLER Gy. •C%.•<•-? . C L-x-f .-L2.-C-A.ScAl2-14.. DATE
219
220
221 SELLER DATE
222
223 MICHAEL SIMPSON r gr' `� 71��i 1
224 AUTHORIZED BROKER HATE
225 MICHAEL SIMPSON&RUSSEL MOREHEAD
226 DESIGNATED AGENT
227 BROKER'S PHONE NUMBER 847-426-5821 (OFFICE);847-909-9343(MS-CELL);847-826-2355(RM-CELL)
228 SELLER'S PHONE NUMBERS
229 REV-03/15/07 RAFV
230 C 2007 REALTOR®Association of the Fox Valley,Inc.All rights reserved.Unauthorized duplication of this form or any portion thereof is prohibited.
•
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ASSURANCES AND CERTIFICATIONS
The CONTRACTOR hereby warrants and represents that it will comply with the regulations, policies,
guidelines and requirements with respect to the acceptance and use of Neighborhood Stabilization
Program ("NSP") funds from the U.S. Department of Housing and Urban Development ("HUD")
authorized under Title III of the Housing and Economic Recovery Act of 2008 (the "ACT")in accordance
with the ACT and City of Elgin policies. The ACT provides that these funds shall generally be treated as
Community Development Block Grant (CDBG) funds. Also, the CONTRACTOR certifies with respect
to the Agreement that:
1. It possesses legal authority to execute this Agreement with the City and to perform the work
thereunder.
2. To the extent applicable, its governing body has duly adopted or passed as an official act, a
resolution, motion or similar action authorizing the person identified as the official representative
of the CONTRACTOR to execute the Agreement, all understandings and assurances contained
herein, and directing the authorization of the person identified as the official representative of the
CONTRACTOR to act in connection with the execution of the Agreement and to provide such
additional information as may be required.
3. The Agreement and the work provided for therein will be conducted and administered in
compliance with the following, as applicable:
(A) Title VI of the Civil Rights Act of 1964(Pub. L. 88-352 42 U.S.C. Sec 2000d et seq.)and
implementing regulations issued at 24 CFR Part I;
(B) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-208), as amended; and that the
CONTRACTOR will administer all programs and activities related to housing and
community development in a manner to affirmatively further fair housing;
(C) Section 109 of the Housing and Community Development Act of 1974, as amended, and
the regulations issued pursuant hereto;
(D) Section 3 of the Housing and Urban Development Act of 1968, as amended;
(E) Executive Order 11246-Equal Opportunity, as amended by Executive Orders 11375 and
12086, and implementing regulations issued at 41 CFR Chapter 60;
(F) Executive Order 11063-Equal Opportunity in Housing, as amended by Executive Order
12259, and implementing regulations at 24 CFR Part 107;
(G) Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and
implementing regulations when published in effect;
(H) The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and implementing
regulations when published in effect;
(I) The relocation requirements of Title II and the acquisition requirements of Title III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended, and the implementing regulations at 24 CFR Part 42, as required under 24 CFR
570.606;
(J) The labor standards requirements as set forth in 24 CFR Part 570, Subpart K and HUD
regulations issues to implement such requirements;
(K) Executive Order 11988 relating to the evaluation of flood hazards and Executive Order
11738 relating to the prevention, control and abatement of water pollution;
(L) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (Pub. L. 93-234);
(M) The Fair Housing Act(42 U.S.C.3601-20).
4. Its notification, inspection, testing and abatement procedures concerning lead-based paint will
comply with 570.608.
5. When an Agreement is in excess of$100,000 it will comply with all applicable standards, orders,
or requirements issued under Section 308 of the Clean Air Act(42 U.S.C. 1857(h), Section 508 of
the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection
Agency regulation (40 CFR Part 15), which prohibit the use under nonexempt Federal contracts,
grants or loans, of facilities included on the EPA list of Violating Facilities. The provision shall
require reporting of violations to the County, HUD, and to the AESOP Assistant Administrator
for Enforcement(EN-329).
6. It will not attempt to recover any capital costs of public improvements assisted in whole or in part
with funds provided under Section 106 of the ACT or with amount resulting from a guarantee
under Section 108 of the ACT by assessing any amount against properties owned and occupied
by persons of low and moderate income, including any fee charged or assessment made as a
condition of obtaining access to such public improvements, unless: (1) funds received under
Section 106 of the ACT are used to pay the proportion of such fee or assessment that relates to
the capital costs of such public improvements that are financed from revenue sources other than
under Title I of the ACT; or (2) for purposes of assessing any amount against properties owned
and occupied by low and moderate income persons, the CONTRACTOR certifies that it lacks
sufficient funds received under Section 106 of the ACT to comply with the requirements of
subparagraph(1)above.
7. The CONTRACTOR certifies that it will provide a drug-free workplace by:
(A) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance is prohibited in the
CONTRACTOR'S workplace and specifying the actions that will be taken against
employees for violation of such prohibition;
(B) Establishing a drug-free awareness program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The CONTRACTOR'S policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs;
and,
(4) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
(C) Making it a requirement that each employee to be engaged in the performance of the
Agreement be given a copy of the statement required by paragraph(A);
(D) Notifying the employee in the statement required by paragraph (A)that, as a condition of
employment under the Agreement,the employee will:
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five days after such conviction;
(E) Notifying the City of Elgin's Planning and Neighborhood Services Department within ten
(10) days after receiving notice under subparagraph (D)(2) from an employee or
otherwise receiving actual notice of such conviction;
(F) Taking one of the following actions, within 30 days of receiving notice under
subparagraph(D)(2), with respect to any employee who is so convicted:
(1) Taking appropriate personnel action against such an employee, up to and
including termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a Federal, State, or local
health, law enforcement, or other appropriate agency;
(G) Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs(A), (B),(C), (D), (E)and (F).
8. It has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement
agencies within its jurisdiction against any individuals engaged in nonviolent civil rights
demonstrations.
9. In regards to lobbying,the CONTRACTOR certifies:
(A) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
CONTRACTOR, to any person for influencing or attempting to influence an officer or
employee of any 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 agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying,"in accordance with its instructions.
(C) The CONTRACTOR shall require that the language of this certification be included in
the award documents for all sub-awards at all tiers (including subcontracts, sub-grants,
and contracts under grants, loans, and cooperative agreements) and that all
CONTRACTORS shall certify and disclose accordingly.
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.
10. The undersigned understands and agrees that it is a CONTRACTOR of the Neighborhood
Stabilization Program of the City of Elgin. The undersigned also agrees there shall be no
discrimination against any employee who is employed in carrying out work from the assistance
received from the City of Elgin and the Department of Housing and Urban Development, or
against any applicant for such employment, because of race, color, religion, sex, age or national
origin, including but not limited to employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; lay off or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship.
The CONTRACTOR further agrees to the following:
(A) It will incorporate or cause to be incorporated into any subcontract, loan, grant or
guarantee involving Federally assisted construction work, or modification thereof, which
is paid for in whole or in part with funds obtained from the Neighborhood Stabilization
Program, the language contained in HUD Equal Employment Opportunity Regulations at
42 CFR 130.15(b), in Executive Order 11246, as amended by Executive Orders 11375
and 12006, and implementing regulations issued in 41 CFR Chapter 60.
(B) It will be bound by said equal opportunity clause with respect to its own employment
practices when it participates in any Neighborhood Stabilization Program construction.
(C) It will assist and cooperate actively with the City of Elgin, the Department of Housing
and Urban Development and the Secretary of Labor in obtaining the compliance of
contractors and subcontractors with the equal opportunity clause and the rules,
regulations and relevant orders of the Secretary of Labor.
(D) It will furnish the City of Elgin, the Department of Housing and Urban Development and
the Secretary of Labor such information as they may require for the supervision of such
compliance, and will otherwise assist the City of Elgin and the Department of Housing
and Urban Development in the discharge of primary responsibility for securing
compliance.
(E) It will refrain from entering into any contract or contract modification subject to
Executive Order 11246 of September 24, 1965, with a contractor debarred from or who
has not demonstrated eligibility for government contracts and Federally-assisted
construction contracts pursuant to the Executive Order.
(F) It will carry out such sanctions and penalties for violation of the equal opportunity clause
as may be imposed upon contractors and subcontractors by the Secretary of Labor, the
City of Elgin or the Department of Housing and Urban Development.
(G) In the event that CONTRACTOR fails or refuses to comply with the undertaking, the
City of Elgin, or the Department of Housing and Urban Development may take any or all
of the following actions: cancel, terminate or suspend, in whole or in part, this grant,
refrain from extending any further assistance to the CONTRACTOR until satisfactory
assurance of future compliance has been received; and refer the case to the Department of
Housing and Urban Development for appropriate legal proceedings.
CONTRACTOR: 4'4T--
By:
11/411444-e f >i M,f 1 UAa✓ia vitt �u�►C_
DATE: 717/1
ATTEST: