HomeMy WebLinkAbout94-260 Resolution No. 94-260
RESOLUTION
AUTHORIZING EXECUTION OF A SUBRECIPIENT AGREEMENT WITH
MOTHER GOOSE CHILD DEVELOPMENT CENTER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard B. Helwig, City Manager, be and is
hereby authorized and directed to execute a Subrecipient
Agreement on behalf of the City of Elgin with Mother Goose
Child Development Center for the operation of a child day care
program for children from moderate and low income single
parent households, a copy of which is attached hereto and made
a part hereof by reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: September 28, 1994
Adopted: September 28, 1994
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
Elmn
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�°FE;, Agenda Item No .
0__ ,„.•PAP,z;
September 2, 1994
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Proposed Subrecipient Agreement Between the Mother
Goose Child Development Center and the City of Elgin
PURPOSE
To request approval of a subrecipient agreement between the
Mother Goose Child Development Center and the City of Elgin.
BACKGROUND
In 1992 the City Council allocated Community Development Block
Grant (CDBG) funds for the purchase of classroom equipment,
kitchen equipment, computer equipment and miscellaneous re-
pairs in support of the Mother Goose Child Development Center.
The attached subrecipient agreement has been reviewed by the
Mother Goose Board and the city' s Legal Department.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Mr. Lee Smith, President of the Mother Goose Child Development
Center.
FINANCIAL IMPACT
The total amount of funding remaining allocated to the Mother
Goose Child Development Center is $21,740
(230-0000-791 .92-32-154807 ) .
LEGAL IMPACT
None.
r
RECOMMENDATION
It is recommended that the City Council approve the attached
subrecipient agreement.
Respectfull submitted,
&tL4±
_. D K. Dahlstrom
Pla ing Director
Richard B. Helwig
City Manager
PAA/paa
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SUBRECIPIENT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
MOTHER GOOSE CHILD DEVELOPMENT CENTER
THIS AGREEMENT is entered into this 3p day of -y 1S ? (%by
and between the City of Elgin, Illinois, a municip 1 corporation
(herein called the "Grantee" ) and the Mother Goose Child Development
Center, a not-for -profit corporation (herein called the
"Subrecipient ) .
WHEREAS, the City of Elgin has applied for and received funds from
the United States Government under Title I of the Housing and
Community Development Act of 1974, Public Law 93-383; and
WHEREAS, the City of Elgin wishes to engage the Mother Goose Child
Development Center to assist the City of Elgin in utilizing such
funds :
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is hereby acknowledged, it
is agreed between the parties hereto that; .
I. SCOPE OF SERVICE
A. The Mother Goose Child Development Center warrants and represents
that it operates a child day care program for children from moderate
and low income single parent households. The Mother Goose Child
Development Center is in need of classroom equipment, computer
equipment, kitchen equipment and miscellaneous repairs associated
with the new equipment to continue operation and serve the children
from low and moderate income households ( as defined by the U. S.
Department of Housing and Urban Development) . The Subrecipient shall
be responsible for soliciting proposals for the provision of said
equipment, the purchase of the necessary equipment and maintenance of
the equipment purchased in a manner satisfactory to the Grantee and
consistent with any standards required as a condition of providing
these funds.
The equipment to be purchased may include, but is not limited to,
tables, chairs, cots, storage bins, modular lockers, chalkboards,
play furniture, cooking ranges and ventilation, steam tables,
personal computer, computer printer and computer software.
The Subrecipient shall develop specifications for the equipment to be
purchased. The specifications developed shall be reviewed and
approved in writing by the Grantee prior to solicitation of bids.
Bids on the specified equipment shall be solicited by the
Subrecipient. Equipment purchase shall be awarded to vendors
through an open competitive bidding process or solicitation from at
least three vendors, as determined by the Subrecipient and in
compliance with federal regulations. The Subrecipient and the
Grantee shall review all bids prior to selection of the successful
bidder. The Subrecipient shall execute a contract for purchase of
equipment from the selected bidder/vendor. Delivery of equipment and
any associated equipment installation shall be completed by the
selected bidder/vendor. The installed equipment shall be approved
, in writing, by the Subrecipient prior to payment by the Grantee.
All bidding, solicitation and purchase documents shall be available
for inspection by the Grantee and representatives of the U. S.
Department of Housing and Urban Development.
The Subrecipient shall be responsible. for documenting the addresses,
names and household income of the children provided day care
services. All such documentation shall be available for inspection
by the Grantee and representatives of the U. S. Department of Housing
and Urban Development.
II. PERFORMANCE MONITORING
The Grantee shall monitor, at a minimum, on a semi-annual basis the
performance of the Subrecipient regarding the goals and performance
standards contained herein. Substandard performance, as determined
by the Grantee, shall constitute material breach of this agreement.
If action to correct such substandard performance is not taken by the
Subrecipient within 30 days after being notified by the Grantee, the
Grantee may terminate this agreement, and may pursue any remedies
provided herein or by law.
III. TIME OF PERFORMANCE
Subrecipeint shall not initiate the purchase of equipment as
described herein prior to the date of execution of this agreement by
the Grantee. The useful life of the equipment to be purchased is
estimated to be five (5) years excluding any children play furniture,
chalkboards and similar items. Based upon life expectancy, the use
of said equipment shall be reported on by the Subrecipient and
monitored by the Grantee for a five year period from the date of this
agreement. Purchase of all equipment shall be completed within
twelve ( 12) months from the date of execution of this agreement.
IV. PAYMENT
It is expressly agreed and understood that the total amount of
funding to be provided for the Mother Goose Child Development Center
equipment and any associated building repairs, or for any other
purpose whatsoever under this agreement shall not exceed $21, 740.
The Grantee will provide payment, consistent with the purchase
contract executed by the Subrecipient, to the selected vendors after
equipment delivery, installation and approval of said equipment by
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the Subrecipient.
Payments may be contingent upon certification of the Subrecipient ' 5
financial management system in accordance with the standard
specified in OMB Circular A-110, Attachment F(see Exhibit D) .
V. NOTICES
Communication and details concerning this agreement shall be directed
to the following representatives :
City of Elgin Mother Goose Child
Planning Department Development Center
Patricia Andrews, CDBG Administrator Teri Schaaf, Director
150 Dexter Court 240 Standish Street
Elgin;, IL 60120 Elgin, IL 60122
(708 ) 931-5911 (708) 888-1069
VI. SPECIAL CONDITIONS
The Subrecipient agrees to comply with the requirements of Title 24
Code of Federal Regulations, Part 570 of the Housing and Urban
Development regulations concerning Community Development Block Grants
and all federal regulations and policies issued pursuant to these
regulations. The Subrecipient further agrees to utilize funds
available under this Agreement to supplement rather than supplant
funds otherwise available.
VII. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with all applicable federal, state
and local laws and regulations governing the funds provided under
this agreement.
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 or partnership between the parties. The
Subrecipient 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 Subrecipient is an independent
Subrecipient.
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C. Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the
Grantee from any and all claims, actions, suits, charges and
judgments whatsoever that arise out of the Subrecipient' s performance
or nonperformance of the services or subject matter called for in
this agreement.
D. Workers ' Compensation
The Subrecipient shall provide Workers ' Compensations Insurance
coverage for all employees involved in the performance of this
agreement.
E. Insurance and Bonding
The Subrecipient shall carry sufficient insurance coverage to protect
contract assets 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.
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The Subrecipient shall comply with the bonding and insurance
requirements of Attachment B of OMB Circular A-110, Bonding and
Insurance.
F. Grantor Recognition
The Subrecipient shall ensure recognition of the role of the Grantee
in providing services through this agreement. All activities,
facilities and items utilized pursuant to this contract shall be
prominently labeled as to funding source. In addition, the
Subrecipient shall include a reference to the support provided herein
in all publications made possible with funds made available under
this contract.
G. Amendments
The Grantee or the Subrecipient may amend this Agreement at any time,
provided that such amendments make specific reference to this
Agreement, are executed in writing, signed by a duly authorized
representative of the parties hereto, and approved by the Elgin City
Council. Such amendments shall not invalidate this Agreement, nor
relieve or release the Subrecipient from its obligations under this
Agreement. •
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The Grantee may, in its discretion, amend this Agreement to conform
with federal, state or local governmental guidelines, policies and
available funding amounts or for other reasons. If such amendments
result 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 shall be incorporated only by a written amendment
signed by both the Grantee and Subrecipient. The Subrecipient shall
cooperate in the execution of any and all documents necessary to
effect such amendments at the sole discretion of the Grantee.
H. Suspension or Termination
Either party may terminate this contract at any time by giving
written notice to the other of such termination and specifying the
effective date thereof at least 30 days before the effective date of
such termination. Partial terminations of the Scope of Service may
only be undertaken with the prior approval of the Grantee. In the
event of any termination, all finished or unfinished documents, data,
studies, surveys, maps, models, photographs, reports or other
materials prepared by the Subrecipient under this agreement shall, at
the option of the Grantee, become the property of the Grantee, and
the Subrecipient shall be entitled to receive just and equitable
compensation, to the extent provided by the availability of funds as
provided herein, for any satisfactory work completed on such
documents or materials prior to the termination.
The Grantee may also suspend or terminate this Agreement, in whole or
in part, if the Subrecipient materially fails to comply with any term
of this Agreement, or with any of the rules, regulations or
provisions referred to herein; and the Grantee may declare the
Subrecipient ineligible for any further participation in Grantee
contracts, in addition to other remedies as provided by law. In the
event there is probable cause to believe the Subrecipient is in
noncompliance with any applicable rules or regulation, the Grantee
may withhold up to fifteen ( 15) percent of said Agreement funds until
such time as the Subrecipient is found to be in compliance by. the
Grantee, or is otherwise adjudicated to be in compliance.
VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management - The Subrecipient agrees to comply with
Attachment F of OMB Circular A-110 ( see Exhibit D) and agrees to
adhere to the accounting principles and procedures required therein,
utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
The Subrecipient shall administer its program in conformance with 0ME
Circulars A-122, "Cost Principles for Non-Profit Organizations" (see
Exhibit E) for all costs incurred whether charged on a direct or
indirect basis.
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B. Records and Reports
The Subrecipient shall be responsible for the following reports a:.:'
documentation :
1. For each child provided day care services the Subrecipient
shall maintain a file containing the following information :
a. Name and address of the participant.
b. Race and ethnicity of the participant.
c. Age of the participant.
c. Any fee charged to the participant.
2. For equipment puichased by the Subrecipient :
a. Specifications for all equipment/materials purchased
with Community Development Block Grant funds.
b. Competitive bid/solicitation documents for the equiprce;.t
purchased.
c. Documentation regarding the review of bid documents and
selection of the successful bidder/vendor .
d. Written contract for purchase of equipment with the
selected bidder /vendor.
e. Documentation of acceptance of the equipment delivered
and installed.
f. Documentation of Subrecipient ' a request for payment to
the Grantee for the installed equipment.
g. Financial records as required by 24 CFR Part 570, 50:
and OMB Circular A-110.
h. Other records necessary to document compliance with
Subpart K of 24 CFR 570.
3. The Subrecipient shall provide the Grantee with semi-annual
reports on the number of children provided day care services. Said
reports shall include the monthly number of children served, number
of low and moderate income children, the age of the children served,
and the average fee charged per child, any equipment problems, and
any other information as may be requested by the Grantee.
4. Retention of Records - The Subrecipient shall retain all
records pertinent to Mother Goose Child Development Center
participation and expenditures incurred under this contract for a
period of five (5) years from the date of this agreement.
5. Client Data - The Subrecipient shall maintain client data
demonstrating client name, address, age and racial/ethnic group and
any fees paid to Mother Goose Child Development Center. Such
information shall be made available to the Grantee for review upon
request.
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6. Disclosure -- The Subrecipient understands that client
information collected under this contract is private and the use or
disclosure of such information, when not directly connected with thy:
administration of the Grantee ' s or Subrecipient ' s responsibilities
with respect to services provided under this agreement is prohibited
unless written consent is obtained from such person receiving the-
service.
7. Property Records - The Subrecipient shall maintain, real
property inventory records which clearly identify properties
purchased with the allocated Grantee Community Development Block
Grant funds.
8. Close-Outs - Subrecipient obligations 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, completion of all required reporting,
disposing of program assets (return of unspent cash advances, of
unused materials and program income balances ) and determining
custodianship of records.
9. Audits and Inspections - All Subrecipient records with
respect to any matters covered by this agreement shall be made
available to the Grantee and the U. S. Department of Housing and Urban
Development at any time during normal business hours, as often as the
Grantee or the U. S. Department of Housing and Urban Development deems
necessai y, to audit, examine, and make excerpts or transcripts of all
relevant data. Any deficiencies noted in audit reports shall be
fully satisfied by the Subrecipient within 30 days after receipt by
the Subrecipient. Failure of the Subrecipient to comply with the
above audit requirements will constitute a breach of this agreement
and may result in the withholding of future payments. The
Subrecipient hereby agrees to have an annual agency audit conducted
in compliance with any relevant requirement of the Single Audit Act
or other audit requirements as applicable.
C. Program Income
If Program Incorr:e is generated from the disposition of any of the
equipment purchased with CDBG funds, any such income shall be
returned to the Grantee for use in the Community Development Block
Grant Program.
D. Uniform Administrative Requirements
The Subrecipient hereby agrees to comply with the uniform
administrative requirements contained in 570. 502 (see Exhibit B ) .
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E. Procurement
The Subrecipient shall maintain an inventory record ( s ) of all
personal property and materials that may be procured with funds
provided herein. All program assets shall revert to the Grantee upon
termination of this contract or upon discontinuation of the P. A. S. S.
Program prior to January 1, 1999. As used in this agreement "prog ar:.
assets" shall be defined as equipment and software purchased with
Community Development Block Grant fund.
The Subrecipient shall procure materials in accordance with the
requirements of Attachment 0 of OMB Circular A-110, Procurement
Standards, and shall subsequently follow Attachment N, Property
Management Standards, covering utilization and disposal of property.
IX. PERSONNEL AND PARTICIPANT CONDITIONS
A. Civil Rights
1. The Subrecipient agrees to comply with Title VI of. the Civil
Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of
1968 as amended, Section 109 of Title I of the Housing and Community
Development Act of 1974, Section 504 of the Rehabilitation Act of
1973, the Americans with Disabilities Act of 1992, the Ago
Discrimination Act of 1975, Executive Order 11062, and with Executive
Order 11246 as amended by Executive Orders 11375 and 12086.
2. Nondiscrimination - The Subrecipient shall not discriminate
against any employee or applicant for employment because of race,
color, creed, religion, ancestry, national origin, sex, disability,
or other handicap, age, marital status, or status with regard to
public assistance. The Subrecipient shall take affirmative action to
ensure that all employment practices are free from such
discrimination. Such employment practices include but are not
limited to the following : hiring, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff, termination, rates of
pay or other forms of compensation, and selection for training,
including apprenticeship.
3. Section 504 - The Subrecipient agrees to comply with any
federal regulations issued pursuant to compliance with Section 504 of
the Rehabilitation Act of 1973, (29 U. S. C. 706 ) which prohibits
discrimination against the handicapped in any federally assisted
program. The Grantee shall provide the Subrecipient with any
guidelines necessary for compliance with that portion of the
regulations in force during the term of this contract. Failure of
the Grantee to provide such guidelines shall not relieve the
Subrecipient of the obligation to comply with the terms of such
guidelines.
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B. Affirmative Action
1. Written Commitment - The Subrecipient agrees that it shall be
committed to carry out an Affirmative Action Program in compliance
with the City of Elgin Ordinance No. G19-93 Amending Chapter 3. 12 of
the Elgin Municipal Code. The Subrecipient agrees to comply with
Chapter 3. 12. 100 Affirmative action-City contracts ( see Exhibit F) .
The Subrecipient shall submit a written commitment as provided for in.
Chapter 2. 12. 100 to the Grantee prior to the first payout.
2. Minority Business - The Subrecipient shall use its best
efforts to afford minority and women-owned business enterprises the
maximum practicable opportunity to participate in the performance of
this contract. As used in this agreement, the term "minority a::_'
female business enterprise" means a business at least fifty-one ( 51 )
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.
3. Access to Records - The Subrecipient shall furnish all
information and reports required hereunder and shall permit access to
its books, records and accounts by the Grantee, HUD or its agent, cr
other authorized federal officials for purposes of investigation to
ascertain compliance with the rules, regulations and provisions
stated herein.
4. Notifications - The Subrecipient shall 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 Subrecipient 's commitments
hereunder, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
5. EEO/AA Statement - The Subrecipient shall, in all
solicitations or advertisements for employees placed by or on behalf
of the Subrecipient, state that it is an Equal Opportunity or
Affirmative Action employer.
6. Subcontract Provisions - The Subrecipient shall include the
provisions of Paragraphs VII A, Civil Rights, and B, Affirmative
Action, in every subcontract or purchase order, specifically or by
reference, so that such provisions shall be binding upon each
subSubrecipient or vendor.
C. Employment Restrictions
1. Prohibited Activity - The Subrecipient is prohibited from
using funds -provided herein or personnel employed in the
administration of the program for political activities; sectarian, or
religious activities ; lobbying, political patronage, and nepotism
activities.
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2. OSHA - Where employees are engaged in activities not covered
under the Occupational Safety and Health Act of 1970, they shall
be required or permitted to work, be trained, or receive services in
buildings or surroundings or under working conditions which are
unsanitary, hazardous or dangerous to the participants ' health or
safety.
3. Right to Know - Participants employed or trained for
inherently dangerous occupations shall be assigned to work in
accordance with reasonable safety practices.
4. Labor Standards - The Subrecipient 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,
the Safety Standards Act, the Copeland "Anti-Kickback" Act 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 contract. The Subrecipient shall maintain
documentation which demonstrates compliance with hour and wage
requirements of this part. Such documentation shall be made
available to the Grantee for review upon request.
The Subrecipient agrees that, except with respect to the
rehabilitation or construction of residential property designed for
residential use for less than eight (8) households, all contractors
engaged under contracts in excess of $2, 000 for construction,
renovation or repair of any building or work financed in whole or in
part with assistance provided under this contract, shall comply with
federal requirements of the regulations of the Department of Labor ,
under 29 CFR, Parts 3, 1, 5, and 7 governing the payment of wages and
ratio of apprentices and trainees to journeymen; provided, that if
wage rates higher than those required under the regulations are
imposed by or local law, nothing hereunder is intended to relieve• the
Subrecipient of its obligation, if any, to require payment of the
higher wage. The Subrecipient shall cause or require to be inserted
in full, in all such contracts subject to such regulations,
provisions meeting the requirements of this paragraph, for such
contracts in excess of $10, 000.
5. Section 3 Clause - Compliance with the provisions of Section
3, the regulations set forth in 24 CFR 135, and all applicable rules
and orders issued hereunder prior to the execution of this contract,
shall be a condition of the federal financial assistance provided
under this contract and binding upon the Grantee, the Subrecipient
and any subSubrecipients, their . successors and assigns, to those
sanctions specified by the agreement through which federal assistance •
is provided. The Subrecipient further agrees to comply with these
"Section 3" requirements and to include the following language in all .
subcontracts executed under this agreement :
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"The work to be performed under this ccr:ti a•ct is a project assisted
under a program providing direct federal financial assistance fro
HUD and is subject to the requirements of Section 3 of the Housic ,g -
and Urban Development Act of 19G3, as amended, 12 U. S. C. 17.01.
Section 2 requires that to the greatest extent feasible opportunities
for training and employment be given to lower income residents of the
project area and contracts for work in connection with the project be
awarded to business concerns which are located in, or owned in
substantial part by persons residing in the areas of the project. "
The Subrecipient certifies and agrees that no contractual or other
disability e;:ists which would prevent compliance with the
requirements.
The Subrecipient 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 this Section 3 clause and shall post copies of the
notice in conspicuous places available to employees and applicants
for employment or training.
The Subrecipient shall include this Section 3 clause in every
subcontract and shall take appropriate action pursuant to the
subcontract upon a finding that the subSubrecipient is in violation
of regulations issued by the Grantor Agency. The Subrecipient shall
not subcontract with any subSubrecipient where it has notice or
knowledge that the latter has been found in violation of regulations
under 24 CFR 125 and shall not let any subcontract unless the.
subSubrecipient has first provided it with a preliminary statement of
ability to comply with the requirements of these regulations.
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D. Conduct
1. Assignability - The Subrecipient shall not assign or transfer
any interest in this contract without the prior written consent of
the Grantee thereto ; provided, however, that claims for money due or
to become due to the Subrecipient from the Grantee under this
contract may be assigned to a bank, trust company, or other financial
institution without such approval. Notice cf any such assignment or
transfer shall be furnished promptly to the Grantee.
2. Hatch Act - The Subrecipient agrees that no funds provided,
nor personnel employed under this contract, shall be in any way or to
any e::tent engaged in the conduct of political activities ir,
violation of Chapter 15 of Title V United State Code.
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?. Conflict of interest -- The 'Lubeecipient agrees to abide ty
the provisions of 24 CFR 570. 611 with respect to conflicts of
_merest, and covenants that it presently has no financial interest.
and shall not acquire any financial interest, direct or ind%rect,
which would conflict in any manner or degree with the performance of
cervices. required under this contract. The Subrecipient further
covenants that in the performance of this contract no person having
such a financial interest shall be employed or retained by the
Subrecipient hereunder. These conflict of interest provisions apply
to any person who is an employee, agent, consultant, officer, or
elected official or appointed official of the Grantee, or of any
designated public agencies or subrecipients which are receiving funds
under the CDBC Entitlement program.
4. Subcontracts - The Subrecipient shall not enter into any
s.dicontr .ac! s with any agency or individual in the performance of
contract without the written consent of the Grantee prigr to the
execution of such agreement.
The Subrecipient shall 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
documented evidence off follow-up actions taken to correct areas of
noncompliance.
The Subrecipient shall cause all of the provisions of this contract
in its entirety to be included in and made a part of any subcontract
executed in the performance of this agreement.
The Subrecipient shall undertake to ensure that all subcontracts let
in the performance of this agreement shall be awarded on a fair and
open competition basis. Executed copies of all subcontracts shall be
forwarded to the Grantee along with documentation concerning the
selection process.
5. Religious Organization - The Subrecipient agrees that funds
provided under this contract shall riot be utilized for religious
activities, to promote religious interests, or for the benefit of a
religious organization in accordance with the federal regulations
specified in 24 CFR 570. 200 ( j ) .
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X. ENVIRONMENTAL CONCITiCN2
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Ou 1 following�recspien _1 ayre�,�. to comply with the fu��owing regu ations
insofar as they apply to the performance of this contract:
1. Clean Air Act, 42 U. S. C. , 1857, et seq.
2. Federal Water Pollution Control Act, as amended, 33 U. O. C.
1251, et seq. , as amended 1318 relating to inspection, monitoring,
entry, reports, and information, as well as other requirements
specified in said Section 114 and Section 208, and all regulations
and guidelines issued thereunder.
2. Environmental Protection Agency (EPA ; regulations pursuant to
40 C. F. R. , Part 50, as amended.
4. National Environmental Policy Act of 1969
5. HUD Environmental Review Procedures ( 24 CFR, Part 59 ) .
6. Flood Disaster Protection - The Subrecipient agrees to comply
with the requirements of the Flood Disaster Protection Act of 1973
( P. L. -2234 ) in regard to the sale, lease or other transfer of land
acquired, cleared or improved under the terms of this contract, as it
may appy to the provisions of this contract.
7. Lead Eased Paint - The Subrecipient agrees that any
construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead
Eased Paint Regulations at 24 CFR 570. 608, and 24 CFR Part 35, and in
particular Sub-part B thereof. Such regulations pertain to all
HUD-assisted housing and require that all owners, prospective owners,
and tenants or properties constructed prior to 1978 be properly
notified that such properties may include lead-based paint. Such
notification shall point out the hazards of lead-based paint and
explain the symptoms, treatment and precautions that should be taken
when dealing with lead-based paint poisoning.
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8. Historic Preservation - The Subrecipient agrees to comply
with the Historic Preservation requirements set forth in the National
Historic Preservation Act of 1966, as amended ( 16 U. S. C. 470) and the
procedures set forth in 36 CFR, Part 800, Advisory Council on
Historic Preservation Procedures for Protection of Historic
Properties, insofar as they apply to the performance of this
contract.
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Ir: general, this requirez cc .._ rre.:ce from the State Historic
rre=t'r vation Officer for all rehabilitation and dec:olitior, of
historic properties that are fifty ( 50 ) years or older or that ar,
i..__uded on a Federal, State, or local historic property list.
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If any of the provis__.._ of this agreement are determined to be vcif
or otherwise unenforceable for any reason, the remainder of this
a-, eer e;.t shall remain in full force and effect.
Ai-. ��../. 9/a 7 rY �-- ?moi
Lei C'..itt. Date Richard E. Eelwiy Cute
President City Manager
Mother Goose Child City of Elgir,
Development `
Center
Subscribed and swore, to before me
this „:5() .Cad day of , 1994 •
416.
City Clerk ; OFFICIAL SEAL
DOLOASTATE MECUM
NOTARY PUBNNLIC, OF ILLINOIS
Commission Expires Mar, 1g, 1917/
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