09-260 r.
Resolution No. 09-260
RESOLUTION
AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE
HOUSING AUTHORITY OF ELGIN
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Sean R. Stegall, City Manager, and Diane Robertson, City Clerk,be and are hereby authorized and
directed to execute a community development block grant agreement on behalf of the City of Elgin
with the Housing Authority of Elgin for the Central Park Tower Elevator Renovation Project,a copy
of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: December 16, 2009
Adopted: December 16, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
AGREEMENT
BETWEEN THE CITY OF ELGIN AND
HOUSING AUTHORITY OF ELGIN
This AGREEMENT is entered into as of the Ibriu day of 4%¢CIj ■ , 2009, by
and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter called "GRANTEE" or
"CITY") and Housing Authority of Elgin, a not-for-profit corporation incorporated pursuant to the laws
of the State of Illinois, (hereinafter called "SUB-RECIPIENT") having a principal place of business at
120 South State Street,Elgin, Illinois 60123.
RECITALS
A. CITY has applied for Community Development Block Grant funds (hereinafter referred
to as "CDBG funds") from the United States Department of Housing and Urban
Development (hereinafter called "HUD") as provided by the Housing and Community
Development Act of 1974, as amended(P.L. 93-383) (hereinafter called"ACT").
B. CITY has considered and approved the application of SUB-RECIPIENT for CDBG
funds allotted to CITY for distribution to SUB-RECIPIENT.
C. The CITY and SUB-RECIPIENT enter into this Agreement pursuant to their respective
powers to enter into such Agreements, as those powers are defined in the Illinois
Constitution and applicable statutes.
II. SCOPE OF THE PROJECT
A. SUB-RECIPIENT hereby agrees to perform, in a timely fashion, the activities provided
for herein, and those previously defined in the application and project description dated
December 19, 2008, submitted by the SUB-RECIPIENT entitled "Central Park Tower
Elevator Renovation"a copy of which is attached hereto as Exhibit"A"and incorporated
herein by this reference (hereinafter referred to as the "PROJECT"). The SUB-
RECIPIENT was awarded a grant for Fiscal Year(FY)2009.
B. All funding provided to SUB-RECIPIENT shall be used solely for an elevator renovation
in the building at 120 South State Street, Elgin, Illinois, 60123. The aforementioned
project serves at least 51% low and moderate income persons as defined by 24 CFR
570.208 (a) (2) (i) (A). Such funding shall be used as defined herein. The work items
are listed in the Project Application and attached as part of Exhibit "A". The work shall
include the following: 1) provision of a new door operator, door rollers, clutch, and door
restraint; 2) provision of a new main car operating station to (11 stops) that is ADA
compliant; 3) provision of a new ceiling, interior walls, re-clad front returns, and a new
car door; and, 4) other costs associated with the above activities as are consistent with
the scope and intent of the PROJECT and that are pre-approved by the CITY staff.
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C. The SUB-RECIPIENT shall comply with administrative and procurement requirements
as applied to the Community Development Block Grant Program in accordance with 24
CFR 85:
1. The Bid Specifications shall include all specifications and pertinent attachments
and shall define the items or services in order for the bidder to properly respond.
2. The SUB-RECIPIENT shall submit the Bid Specifications and plans to the
City's Community Development Department for staff's approval prior to
advertising in a newspaper and the Dodge Construction News.
3. The SUB-RECIPIENT shall include in the invitation for bids, the statement
"Minorities and women contractors are encouraged to submit bids." The SUB-
RECIPIENT shall purchase a 1" x 3" space in the Dodge Construction News
Classified Section specifically inviting Minority Business Entity/Women
Business Entity(MBE/WBE) firms to submit bids.
4. All bids will be publicly opened at the time and place prescribed in the invitation
for bids.
5. The SUB-RECIPIENT shall provide the City's Community Development
Department with a copy of the classified advertisement and the results from the
bid opening.
6. The contract award will be awarded, in writing, to the lowest responsive and
responsible bidder. Any or all bids may be rejected, if there are sound
documented reasons.
D. The SUB-RECIPIENT shall comply with the Federal Labor Standards and Prevailing
Wage Rates as applied to the Community Development Block Grant Program in
accordance with Title 29 of the Code of Federal Regulations,Part 5:
1. After the start of the described work, the SUB-RECIPIENT shall provide to the
City's Community Development Department staff, weekly reports of the
contractor and/or subcontractors at the job site. The SUB-RECIPIENT shall
conduct employee interviews of the contractor and/or subcontractors at the job
site.
2. Originals of all documents required for compliance with the Federal Labor
Standards shall be supplied to the City's Community Development Department.
3. SUB-RECIPIENT shall erect a sign in a prominent place at the job site crediting
the City of Elgin and HUD for funding of the PROJECT by including the
following statement:
"Funding for the Project has been provided, in part, by the City of Elgin from the
U.S. Department of Housing and Urban Development's Community
Development Block Grant Program."
E. The SUB-RECIPIENT shall provide a Progress Report to the CITY each month,
reporting on the status of the PROJECT in relation to the project target dates. The
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monthly progress reports shall begin upon the signing of the Agreement and shall
continue until the completion of the project. Quarterly progress reports, due on the 10th
day of the following month, for the previous month's activities, shall be submitted until
the expiration of this agreement or until directed to discontinue such reports in writing
by CITY.
F. Request for Payment
1. The SUB-RECIPIENT shall provide the City's Community Development
Department, prior to the start of construction, with an itemized list of all
estimated expenditures. This list (on a State of Illinois Engineer's Pay Estimate
form BLR-283 or equivalent) shall show expected quantities and unit prices for
each item.
2. Request for payment shall be submitted on a timely basis. Each request for
payment sent to the CITY shall be accompanied by said payment estimate form
signed by the SUB-RECIPIENT'S authorized representative and showing the
work completed. Changes to items on the pay estimate form must be authorized,
in writing, by the SUB-RECIPIENT (on a State of Illinois Request for Approval
of Change in Plans Form BLR-228 or equivalent), and a copy of such
authorization shall be submitted to the City's Community Development
Department before payment pursuant to such changes is made.
G. The SUB-RECIPIENT shall provide a Progress Report to the City's Community
Development Department each month, reporting on the status of the PROJECT in
relation to the Implementation Schedule. The progress reports shall begin upon the
signing of the Agreement and shall continue until the PROJECT is closed out. The SUB-
RECIPIENT shall use a form provided by the Community Development Department and
shall include all required information about the number of clients served each month (by
race, income, and the number of female headed households).
H. Prior to the expenditure of CDBG funds, the SUB-RECIPIENT shall meet with the
City's Community Development Department staff to establish acceptable documentation
and guidelines regarding requests for payment for the activities described in the Scope of
Work. No payment of CDBG funds will be made by City without the required
documentation.
SUB-RECIPIENT shall return to the CITY any program income, as defined in 24 CFR
Part 570.500(a), which is generated as a result of this PROJECT. Written request for an
Exception to this Agreement must be made, in writing, to the City's Community
Development Department explaining why the SUB-RECIPIENT needs the income, the
specific activities the SUB-RECIPIENT will undertake with the funds and how the SUB-
RECIPIENT will report the income and expenditures to the CITY. A written response to
the request will be provided to SUB-RECIPIENT from the CITY.
III. AMOUNT AND TERMS OF GRANT
A. The CITY shall distribute to SUB-RECIPIENT, as SUB-RECIPIENT'S portion of the
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total grant received by the CITY and in consideration of SUB-RECIPIENT'S undertaking
to perform the PROJECT, a maximum of$68,500 (hereinafter"Grant Funds"),to be paid
in the manner set forth herein at Section VII.
B. This PROJECT shall be identified by the following project and account numbers:
Project No. 154563 and Account No. 230-0000-791.93-36 in the amount of$68,500,
which identifying numbers shall be used by SUB-RECIPIENT on all payment requests.
C. In the event the services identified in Section II, Scope of the Project of this Agreement
or other eligible services for low and moderate income individuals and households are no
longer provided at the Housing Authority of Elgin, 120 South State Street, Elgin, due to
actions by the SUB-RECIPIENT, the SUB-RECIPIENT shall reimburse the U.S.
Department of Housing and Urban Development or the CITY for renovation activities
undertaken in whole or in part with CDBG funds at a rate of 6.7% for each year and
portion of each year remaining on the ten-year useful life of the Facility improvements.
The ten-year compliance period shall begin on the commencement date of this
Agreement. This provision shall not be construed as limiting the GRANTEE from
asserting any claims against the Housing Authority of Elgin for the breach of any other
terms of this Agreement.
D. Upon project completion as specified in Section II, Scope of the Project, any remaining
CDBG project funds shall be available for reallocation by the GRANTEE to another
eligible CDBG project. If SUB-RECIPIENT materially fails to comply with any term of
this award, the SUB-RECIPIENT shall repay to the GRANTEE all funds used for
ineligible activities.
E. A minimum of 51%of the persons served on an annual basis shall be at or below 80%of
the Median Family Income in order for the SUB-RECIPIENT to maintain eligibility for
the CDBG funds provided for herein. Said income levels shall be updated and revised
annually to conform to levels set by the U. S. Department of Housing and Urban
Development. Failure to meet the aforementioned minimum 51%threshold shall require
SUB-RECIPIENT to reimburse GRANTEE for funds expended, in whole or in part, for
renovation activities.
F. Changes in the scope of services, budget, or method of compensation contained in this
Agreement, unless otherwise noted, may only be made through a written amendment to
this Agreement, executed by the SUB-RECIPIENT and GRANTEE.
IV. SUB-RECIPIENT'S COMPLIANCE WITH THE ACT
A. CITY shall assist SUB-RECIPIENT'S making application for CDBG funds.
B. SUB-RECIPIENT shall abide by the Act, and all HUD rules and regulations promulgated
to implement the Act.
C. SUB-RECIPIENT shall, upon request of CITY, (1) assist in the completion of an
environmental review and (2) complete certifications showing equal employment
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opportunity compliance including equal employment opportunity certification with
reference to the PROJECT, as set forth in Exhibit "C" attached hereto and made a part
hereof.
D. SUB-RECIPIENT, in performing under this Agreement, shall:
1. Not discriminate against any worker, employee, or applicant, or any member of
the public, because of race, creed, color, sex, age or national origin, nor
otherwise commit an unfair employment practice; and
2. Take affirmative action to insure that applicants are employed without regard to
race, creed, color, sex, age or national origin, with such affirmative action in-
cluding, but not limited to the following: Employment, upgrading, demotion or
transfer, termination, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation, selection for training,
including apprenticeship.
E. SUB-RECIPIENT shall permit CITY and the Department of Housing and Urban
Development to conduct on-site reviews, examine personnel and employment records
and to conduct any other procedures or practices to assure compliance with the
provisions of this agreement. SUB-RECIPIENT agrees to post in conspicuous places
available to employees and applicants for employment notices setting forth the
provisions of this non-discriminatory clause.
F. SUB-RECIPIENT shall comply with all laws and state and federal rules and regulations,
including but not limited to those regarding a direct or indirect illegal interest on the part
of any employee or elected official of the SUB-RECIPIENT in the PROJECT or
payments made pursuant to this Agreement.
G. SUB-RECIPIENT hereby warrants and represents that neither the project, including but
not limited to any funds provided pursuant thereto, nor any personnel employed in the
administration of the program shall be in any way or to any extent engaged in the
conduct of political activities in contravention of Chapter 15 of Title 5, United States
Code, referred to as the Hatch Act.
H. SUB-RECIPIENT shall maintain records to show actual time devoted and costs incurred,
in relation to the PROJECT, and shall prepare and submit monthly progress reports
which describe the work already performed and anticipated during the remaining time of
the PROJECT. Upon fifteen (15) days notice from the CITY, originals or certified
copies of all time sheets, billings, and other documentation used in the preparation of
said progress reports shall be made available for inspection, copying, or auditing by the
CITY at any time during normal business hours, at 150 Dexter Court, Elgin, Illinois.
I. SUB-RECIPIENT shall adopt the audit requirements of the Office of Management and
Budget (hereinafter "OMB") Circular A-133, "Audits of Institutions of Higher Learning
and Other Non-Profit Institutions." SUB-RECIPIENT shall submit to the CITY one copy
of said audit report. SUB-RECIPIENT shall permit the authorized representatives of the
CITY, HUD and the Comptroller General of the United States to inspect and audit all
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data and reports of the SUB-RECIPIENT relating to its performance under the
Agreement.
J. SUB-RECIPIENT and CITY shall at all times observe and comply with Title 24 CFR
Part 570 and all applicable laws, ordinances or regulations of the Federal, State, County,
and local government, which may in any manner affect the performance of this
Agreement.
K. SUB-RECIPIENT shall transfer to the CITY any unused CDBG funds and submit all
billings attributable to this Project at the time this Agreement expires.
L. SUB-RECIPIENT will ensure that any real property under the SUB-RECIPIENT'S
control that was acquired and/or improved in whole or in part with CDBG funds is used
to meet the benefit of low and moderate income persons as defined by HUD, for a period
of 10 years after the commencement of this Agreement.
M. If during the 10 year period after the commencement of this Agreement, the SUB-
RECIPIENT disposes of any property under the SUB-RECIPIENT'S control that was
acquired and/or improved in whole or in part with CDBG funds, then the SUB-
RECIPIENT will reimburse the CITY in the amount of the current fair market value of
the property less any portion of the value attributable to expenditures of non-CDBG
funds for acquisition of, or improvement to, the property in accordance with 24 CFR
570.503(b)(8) and 24 CFR 570.505.
V. RIGHTS TO SUBCONTRACT
A. SUB-RECIPIENT is herewith granted authority to subcontract all or any portion of the
PROJECT to such engineers, architects, independent land use consultants, professional
land planner, construction contractors or other entities as SUB-RECIPIENT shall deem
appropriate or necessary and upon such terms as may be acceptable to SUB-RECIPIENT.
B. Administration of any subcontracts by the SUB-RECIPIENT shall be in conformance
with 24 CFR Part 570.200(d)(2)and Part 85.36.
VI. SUB-RECIPIENT'S AUTHORIZATION TO ACCEPT PROPOSALS
A. After the CITY has received notification that funds for the PROJECT have been released
by HUD, the SUB-RECIPIENT shall be authorized to accept the proposal of any
subcontractor for the PROJECT.
VII. BILLING PROCEDURE
A. Upon release of Grant Funds by HUD for the PROJECT, the CITY shall make
disbursements to the SUB-RECIPIENT as either reimbursement for advances made by
SUB-RECIPIENT or as advances for specific cash requirements of SUB-RECIPIENT for
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the PROJECT. All claims of SUB-RECIPIENT, whether for reimbursement or
advancement, shall comply with the following requirements:
1. SUB-RECIPIENT shall submit a listing of all disbursements of CDBG funds, on
a form provided by the CITY;
2. Any claim for advancement of CDBG funds shall be limited to an amount
necessary for SUB-RECIPIENT to meet specific cash requirements for the
PROJECT and shall be disbursed by SUB-RECIPIENT within three (3) working
days of receipt by SUB-RECIPIENT;
3. Any request for reimbursement or advancement pertaining to work under
contracts from the SUB-RECIPIENT shall include the following:
a. For interim payments to contractors and subcontractors, certification that
the work for which payment is requested has been performed and is in
place and to the best of SUB-RECIPIENT'S knowledge, information and
belief that, the quality of such work is in accordance with the contract
and subcontracts, subject to: (i) any evaluation of such work as a
functioning PROJECT upon substantial completion; (ii) the results of
any subsequent tests permitted by the subcontract; and (iii) any defects
or deficiencies not readily apparent upon inspection of the work; and
b. For final payment, certification that the work has been performed in a
satisfactory manner and in conformance with the contract.
4. Processing of all requests for payment shall be contingent upon the submission
of the required documentation by the contractor and subcontractor to the CITY
that fully complies with federal labor standards, uniform relocation act or any
other applicable federal, state, or local statutes, rules or regulations.
5. SUB-RECIPIENT shall forward to CITY all billings, vouchers, and other
documents representing any accounts payable, in such timely and reasonable
manner as both parties shall determine; provided, however, that in no event shall
such documents be forwarded to CITY later than twenty-one (21) days after
SUB-RECIPIENT'S receipt of such documents.
6. SUB-RECIPIENT shall cooperate with the CITY to facilitate the maintenance of
financial records by the CITY as required by Title 24 CFR 85.
B. Upon submission of an acceptable claim for Grant Funds, CITY shall process such claim
and shall approve such claim for payment following approval by the City's Community
Development Department, for compliance with this Agreement and applicable HUD
requirements.
C. Except as provided for in Section IX and X herein, CITY shall pay all required payments
against eligible project costs, as described in Section II.B, incurred by SUB-RECIPIENT
under this Agreement.
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VIII. ADMINISTRATION AND REPORTING REQUIREMENTS
A. SUB-RECIPIENT shall administer the Grant Funds in conformance with the regulations,
policies, guidelines and requirements of OMB Circular numbers A-110, A-122, and A-
133, as they relate to the acceptance and use of federal funds for the PROJECT.
B. SUB-RECIPIENT shall submit all required information to show compliance with
applicable laws, rules and regulations, as specified in this Agreement and shall submit to
CITY a monthly progress report no later than the fifth day of the month following the
activity being reported. SUB-RECIPIENT shall comply with all reporting and other
requirements as specified in Exhibit "B" attached hereto and made a part of this
Agreement.
C. Relocation of Tenants
SUB-RECIPIENT shall comply with the requirement under the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970. SUB-RECIPIENT shall
maintain a separate relocation file for each displaced person/business for at least three
years after the project has been completed or the person/business has received final
relocation payments, whichever is later. Relocation costs must be paid to any tenant
(residential or nonresidential) who occupies any building being acquired and is forced to
move without cause. Waiver of rights to relocation costs can only be done by a single
family homeowner.
D. Management Plan and Operating Budget of the Facility
SUB-RECIPIENT shall maintain, and keep current, a management plan and operating
budget stating policies governing the operation of the facility and shall keep this plan and
budget on file with the CITY.
IX. TERMINATION OF AGREEMENT OR SUSPENSION OF PAYMENT
A. During the implementation of the PROJECT, CITY may terminate this Agreement or
may suspend payment of Grant Funds to SUB-RECIPIENT for SUB-RECIPIENT'S
substantial breach of the Agreement, abandonment of the PROJECT or occurrence
rendering impossible the performance by SUB-RECIPIENT of this Agreement.
B. During the implementation of the PROJECT, the CITY may suspend payments of Grant
Funds, due to use of funds in a manner unrelated to or in breach of this agreement
relative to, SUB-RECIPIENT'S performing the PROJECT, failure by SUB-RECIPIENT
in submitting supporting information or documentation for a claim, submission by SUB-
RECIPIENT of incorrect or incomplete reports, or SUB-RECIPIENT'S suspension of its
pursuit of the PROJECT.
C. In the event CITY elects to terminate this Agreement or to suspend payments, for any
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reason stated hereinabove in paragraph A and B of this Section IX, it shall notify the
SUB-RECIPIENT, in writing, of such action, specifying the particular deficiency, at least
five (5) working days in advance of any such action and establishing a time and a place
for the SUB-RECIPIENT to refute the alleged deficiency at a time prior to CITY'S taking
such action. After allowing the SUB-RECIPIENT the opportunity to refute or correct the
alleged deficiency, if the alleged deficiency continues to exist, in the opinion of the
CITY, the CITY may withhold payment of the Grant Funds until such time as the
violation or breach is remedied. No action taken or withheld by the CITY under this
paragraph shall relieve the SUB-RECIPIENT of its liability to the CITY for any funds
expended in violation of any of the terms of this Agreement.
D. SUB-RECIPIENT shall transfer to the CITY any unused CDBG funds and submit all
billings attributable to this Project at the time this Agreement terminates or is suspended.
X. REMEDIES
A. To the fullest extent permitted by law, SUB-RECIPIENT agrees to and shall indemnify,
defend and hold harmless the CITY, its officers, employees, boards and commissions
from and against any and all claims, suits,judgments, costs, attorneys fees, damages or
any and all other relief or liability arising out of or resulting from or through, or alleged
to arise out of, any breach of this agreement; misuse or misapplication of funds derived
pursuant to this agreement by SUB-RECIPIENT; violation of any statutes, rules and
regulations, directly or indirectly, by SUB-RECIPIENT and/or any of its agents or
representatives; or any negligent acts or omissions of SUB-RECIPIENT or of SUB-
RECIPIENT'S officers, employees, agents or subcontractors. In the event of any action
against the CITY, its officers, employees, agents, boards or commissions covered by the
foregoing duty to indemnify, defend and hold harmless, such action shall be defended by
legal counsel of CITY'S choosing. The provisions of this paragraph shall survive any
termination and/or expiration of this agreement.
B. In the event of loss of approved Grant Funds for the PROJECT as a result of any
violation or breach of this Agreement by the CITY, misuse or misapplication of funds
received from HUD unrelated to the PROJECT, or any violation of the statutes, rules and
regulations of HUD, directly or indirectly, by CITY and/or any of its agents or
representatives, CITY'S liability to SUB-RECIPIENT shall be limited to any funds
which have previously been provided to sub-recipient pursuant to this agreement. SUB-
RECIPIENT hereby waives and releases CITY from any and all other liability pursuant
to any such breach,misuse, misapplication or violation of statutes,rules or regulations.
C. In the event HUD, or any other federal agency, makes any claim which would give rise
to invoking the remedy provisions, as set forth in paragraph A or B of this Section X,
then the CITY or SUB-RECIPIENT shall immediately notify the other party, in writing,
providing the full details of the alleged violation. To the extent that any such matter is
not subject to exclusive federal jurisdiction, venue for the resolution of any disputes or
the enforcement of any rights arising out of or in connection with this Agreement
between the CITY and SUB-RECIPIENT shall be in the Circuit Court of Kane County,
Illinois.
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D. In addition to any remedies available to the CITY, if CITY has lost or been prevented
from receiving any federal funds, other than the Grant Funds, as a result of any alleged
violation of law or other breach of this Agreement by SUB-RECIPIENT, the SUB-
RECIPIENT shall repay, upon demand by the CITY, such amount of Grant Funds
previously disbursed or allegedly due to the SUB-RECIPIENT.
XI. TIMELINESS
A. Time is of the essence of this agreement. SUB-RECIPIENT shall meet the schedule
deadlines listed below. Any milestone which the SUB-RECIPIENT does not achieve
within two months of the date listed will result in the SUB-RECIPIENT submitting a
revised implementation schedule for approval by the City's Community Development
staff. Failure to achieve these deadlines may result in the loss or reduction of grant funds
at CITY's discretion.
Target Dates Date
1. Elevator Renovation 3-6 months
B. SUB-RECIPIENT. Shall complete the PROJECT within twelve (12) months from the
date of this Agreement. However, in the event of any alterations or additions or of
circumstances beyond the control of SUB-RECIPIENT, which in the opinion of the
Community Development Director will require additional time for completion of said
expenditures, then in that case, the time of completion shall be extended by the
Community Development Director by a period of time not to exceed six(6)months.
C. If SUB-RECIPIENT is delayed in the completion of the PROJECT by any cause
legitimately beyond its control, as determined by the CITY, such that it cannot complete
the PROJECT within eighteen (18) months of the date of this Agreement, it shall
immediately give written notice to the CITY of the anticipated delay, the reasons
therefore and request an extension of time for completion of the PROJECT. CITY's
Community Development Director shall consider any such request and shall make a
recommendation to CITY's City Council as to whether in his sole discretion he considers
such an extension to be reasonable and necessary, under the totality of circumstances to
be required for completion of the PROJECT due to the particular circumstances. The
CITY's City Council shall act upon the extension request and recommendation of the
Community Development Director and notify the SUB-RECIPIENT whether the time
extension is granted or denied, and the CITY's intention to exercise the remedies
available herein, including but not limited to suspension of further payments. A revised
implementation schedule shall be submitted by SUB-RECIPIENT if an extension is
granted by the CITY.
XII. MISCELLANEOUS PROVISIONS
A. AMENDMENTS - This Agreement constitutes the entire Agreement between the parties
hereto. There are no other agreements, either oral or implied,between the parties hereto
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regarding the subject matter hereof. Any proposed change in this Agreement shall be
submitted to the other party for prior approval. No modifications, additions, deletions, or
the like, to this Agreement shall be effective unless and until such changes are executed,
in writing,by the authorized officers of each party.
B. SUBJECT TO FINANCIAL ASSISTANCE AGREEMENT - This Agreement is made
subject to financial assistance agreements between the CITY and the United States
Department of Housing and Urban Development, with the rights and remedies of the
parties hereto being in accordance with any such agreements.
C. ASSIGNMENT - except as provided in Section VI hereof, SUB-RECIPIENT shall not
assign this Agreement or any part thereof and SUB-RECIPIENT shall not transfer or
assign any Grant Funds or claims due or to become due hereunder, without the written
approval of the CITY having first been obtained.
D. ATTORNEY'S OPINION - If requested, SUB-RECIPIENT shall provide an opinion of
its attorney, in a form reasonably satisfactory to the CITY, that all steps necessary to
adopt this Agreement, in a manner binding upon SUB-RECIPIENT, have been taken by
SUB-RECIPIENT, and that SUB-RECIPIENT is in compliance with applicable local,
state and federal statues, rules and regulations for the purpose of complying with this
Agreement.
E. HEADINGS -The section headings of this Agreement are for convenience and reference
only and in no way define, limit, or describe the scope or intent of this Agreement, and
should be ignored in construing or interpreting this Agreement.
F. The terms of this agreement shall be severable. In the event any of the terms or
provisions of this agreement are deemed to be void or otherwise unenforceable for any
reason,the remainder of this agreement shall remain in full force and effect.
G. This agreement shall not be construed to create a joint venture, partnership, employment
or other agency relationship between the parties hereto.
H. Venue for the resolution of any disputes or the enforcement of any rights between the
parties hereto arising out of or in connection with the terms and provisions of this
agreement shall be in the Circuit Court of Kane County,Illinois.
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the dates recited below.
CITY OF ELGIN, an Illinois Municipal Corporation
BY: ' 4-4/
Sean Stegall
City Manager
DATE: p ce-pc k&J /&, 07001
ATTEST: --.--a�,,�� , LAW,
Diane Robertson
City Clerk
Ad
SUB-RECIPIENT: pi - 'ng •ut 1 ority of . gin
'-: i'i kite Stre:t, 'in,Illinois 60123 lite _.,,k_______
B 1 : i �ll�,MiilW14
W ••e L. Laws
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Executive Director
DATE: iae t jr b /'(ff
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ATTEST: `��L,L/�i II ' I (-4---e.--'t-ij--,
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I / L ODI
OFFICIAL SEAL
LINDA L DORSEY
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES:07/06/10
12
OIL
10USING
THOR 1 T Y0F Commissioners:
LV J N Nuhemi Morales,Chairman
Jessie Jones, Vice Chairman
Eunice Lawshea Robert Gilliam
Executive Director Joel Perez
December 19, 2008
City of Elgin
150 Dexter Court
Elgin, IL 60120
Letter of Intent
2009 Community Development Block Grant Funds
The Housing Authority of Elgin of was created by an action of the Elgin Common
Council in 1969 on the Authority of the United State Housing Act of 1937 and Chapter
207, Acts of Illinois General Assembly in 1937. The Housing Authority of Elgin is under
the legal framework of Chapter 67 ''A of Illinois Status. We provide housing assistance to
255 low to moderate families within the Elgin and the surrounding areas making them
affordable and comfortable for family living.
Elevation Renovation—The elevation has been an ongoing issue for the seniors not
operating properly and in full capacity. The safety of the seniors is a major factor in
having this construction done in case of emergency. A quote was received for the amount
of$68,500.00.
dotal project costs $68,500.00
`l
'Ile • very appr-ciative of the financial and moral support given by the City of Elgin to
e s • co, • `ue to upgrade the living conditions of the citizens we serve.
. .-- a * a
- cutive Director
120 South State Street-Elgin, IL 60123-6403—(847)742-3853—(847)742-1496 Fax—Section 8 Ct
CITY OF ELGIN CDBG PROGRAM
176) 1E
PROJECT APPLICATION NOV i 2
ji
2009-2010 PROGRAM YEAR -..
THE HOUSING AUTHORITY OF El GIN
Date of Submittal: 12-19-2008
Project Name: Central Park Tower Elevator Renovation
Project Address: 120 South State Street
City: Elgin State: IL Zip Code: 60123
Census Tract, Block Group: 8516,1
Submitting Agency/Organization: Housing Authority of Elgin
Contact Person: Eunice Lawshea / Linda Dorsey
Name: Central Park Tower Elevator Renovation
Address: 120 South State Street
City: Elgin State: IL Zip Code: 60123
Telephone: (847) 608-4404
Fax: (847) 742-1496
E-mail: ldorsey @haelgin. org
Amount of CDBG Funding Request: $68,500.00
11
PROJECT APPLICATION (continued) NOV,1
L' NOV OV 1 2 2008 `.—e
7. PROJECT COST ESTIMATE: THE HOUSING AUTHORITY OF ELGIN
Provide cost information in the table below and/or attach additional cost estimate summaries.
Project Components Estimated Cost
A, Elevator Renovation $68,500.00
B.
C.
D.
E.
Total Project Cost
Total CDBG Funding Request $68,500.00
Total Contribution From Other Funding Sources
8. OTHER PROJECT FUNDING-SOURCES AND AMOUNTS:
Funding Source Amount of Funding
A. S
B. S
C. S
D. S
E. S
Total Contribution From Other Funding Sources S
13
SCHINDLER ELEVATOR CORPORATION
853 North Church Court
Elmhurst, IL 60126-1036
Phone: 630-478-7168
Fax: 630-478-7184
UPGRADE ORDER AGREEMENT
Date: 12/22/2008 Estimate Number: JPEN-7MKNK5 (2008.4)
To: Customer:
Elgin Housing Authority Elgin Housing Authority
120 S State St 120 S State St
Elgin, IL 60123 Elgin, IL 60123-6403
Attn: Linda Dorsey
Schindler hereby proposes to furnish and install the following with respect to the equipment located at the above
building:
Upgrades to One (1) Passenger Elevator
*Provide New Door Operator, Door Rollers, Clutch, Door Restraint
*Provide New Main Car Operating Station to(11 Stops)ADA Compliant
*Provide New Ceiling/interior Walls/Re-Clad Front
Returns/New Car Door
NOTE: Upgrade quotes to 2010 and 2011 to follow
Price: $68,500.00, plus applicable taxes. (Quotations valid for 60 days; price based upon work during
regular working hours of regular working days.)
Payment: 25%of the price is due upon acceptance of this proposal;
50%of the price is due as work progresses within 30 days of invoice;
Balance due upon completion, within 30 days of invoice.
Schindler retains title to any equipment furnished hereunder until final payment is made. Late or
non-payment will result in assessment of interest charged at a rate of 1 1/2% per month or the
highest legal rate available, and any attorneys' fees, expenses and costs of collection.
Page 1 of 3
JPEN-7MKNK5
2008.4
•
TERMS AND CONDITIONS
1. Any changes to the building to meet local or state codes are to be made by Purchaser. Any changes in the
Work required due to building conditions discovered in the performance of the Work will be paid by
Purchaser.
2. No work, service materials or equipment other than as specified hereunder is included or intended.
3. Purchaser retains its normal responsibilities as Owner of the equipment which is subject of this Agreement.
4. Schindler will not be liable for damages of any kind, in excess of the Price of this Agreement, nor in any
event for special, indirect, consequential or liquidated damages.
5. Any cutting and patching is by others and not included in this work.
6. Neither party shall be responsible for any loss, damage, detention or delay caused by labor trouble or
disputes, strikes, lockouts, fire, explosion, theft, lightning, wind storm, earthquake, floods, storms, riot, civil
commotion, malicious mischief, embargoes, shortages of materials or workmen, unavailability of material
from usual sources, government priorities or requests or demands of the National Defense Program,civil or
military authority, war, insurrection, failure to act on the part of either party's suppliers or Subcontractors,
orders or instructions of any federal, state, or municipal government or any department or agency thereof,
acts of God,or by any other cause beyond the reasonable control of either party. Dates for the performance
or completion of the work shall be extended by such delay of the time as may be reasonably necessary to
compensate for the delay.
7. Schindler guarantees that the equipment will comply with the foregoing specifications and if promptly
notified in writing will, at Schindler's expense, correct any defects in such equipment occurring within one
year from the date of final acceptance, which are not due to ordinary wear and tear or to improper use, care
and maintenance. The correction of such defects constitutes the limit of the responsibility. THERE ARE NO
OTHER WARRANTIES OR GUARANTEES, EXPRESSED OR IMPLIED, OTHER THAN OF TITLE. The
equipment installed under this agreement requires maintenance service, such as periodic examinations,
lubrication and adjustment made by competent elevator mechanics. This guarantee is not intended to
supplant this normal servicing of the equipment and it is not to be construed that Schindler will provide free
maintenance service of this type, except as may be provided under other provisions of the contract, or that
Schindler will correct, without charge, breakage, maladjustment or other troubles occurring as a result of
improper or inadequate maintenance.
8. Purchaser agrees to defend, indemnify and hold Schindler harmless from and against any claims, lawsuits,
demands, judgments, damages, costs and expenses arising out of this Agreement except to the extent
caused by or resulting from the sole and direct fault of Schindler.
9. Any proprietary material, information, data or devices contained in the equipment or work provided
hereunder, or any component or feature thereof, remains our property. This includes, but is not limited to,
any tools, devices, manuals, software(which is subject to a limited license for use in this building/premises/
equipment only), modems, source/access/object codes, passwords and the Schindler Remote Monitoring
feature ("SRM") (if applicable)which we will deactivate and remove if the Agreement is terminated.
Page 3 of 3
JPEN-7MKNK5
2008.4
The attached terms and conditions are incorporated herein by reference.
Acceptance by you as owner's agent or authorized representati { d subsequent approval by our
authorized representative will be required to validate this agreement. AB
ilk
Proposed: '�•- -• Apr
r► Ar
By: Dale Janke By. Ll4.i�ll� 1^ Lit f� v1
For: Schindler Elevator Corporation For. Elgin Housing Authority
Title: Sales Representative Title: qgat-t-41\ie
Date: 12/22/2008 Date: gDIJavibti O(7t 1,009
Approved:
By: James Peterlin
Title: District Manager
Date:
Page 2 of 3
JPEN-7MKNK5
2008.4
EXHIBIT B
AS SURANCES
The SUB-RECIPIENT hereby warrants and represents that it will comply with the regulations, policies,
guidelines and requirements with respect to the acceptance and use of CDBG funds in accordance with
the ACT and the City of Elgin policies. Also, the SUB-RECIPIENT certifies with respect to the grant
that:
1. It possesses legal authority to make a grant submission to the City and to execute a community
development and housing program;
2. 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 SUB-RECIPIENT to
execute the Agreement, all understandings and assurances contained herein, and directing the
authorization of the person identified as the official representative of the SUB-RECIPIENT to act
in connection with the execution of the Agreement and to provide such additional information as
may be required.
3. Prior to submission of its application to the City, the SUB-RECIPIENT has:
(A) Met the citizen participation requirements of 570.301(b) and has provided citizens with:
(1) The estimate of the amount of CDBG funds proposed to be used for activities
that will benefit persons of low and moderate income; and
(2) Its plan for minimizing displacement of persons as a result of activities assisted
with CDBG funds and to assist persons actually displaced as a result of such
activities;
(B) Prepared its application in accordance with the policies of the City of Elgin and made the
application available to the public;
4. The grant will be conducted and administered in compliance with:
(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
SUB-GRANTEE 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;
14
•
(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 for 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);
5. Its notification, inspection, testing and abatement procedures concerning lead-based paint will
comply with 570.608; and
6. When a grant 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).
7. It has developed its application so as to give maximum feasible priority to activities which
benefit low and moderate income families or aid in the prevention or elimination of slums or
blight; (the application may also include activities which the SUB-RECIPIENT certifies are
designed to meet other community development needs having a particular urgency because
existing conditions pose a serious and immediate threat to the health or welfare of the
community, and other financial resources are not available);
8. It is following the current City of Elgin Consolidated Plan which has been approved by HUD
pursuant to 570.306; and
9. It will not attempt to recover any capital costs of public improvements assisted in whole or in
15
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 SUB-RECIPIENT certifies that it lacks
sufficient funds received under Section 106 of the ACT to comply with the requirements of
subparagraph(1) above.
10. The SUB-RECIPIENT 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 SUB-
RECIPIENT'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 SUB-RECIPIENT'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
grant 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 grant, 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
16
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).
11. 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.
12. In regards to lobbying, the SUB-RECIPIENT certifies:
(A) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
SUB-RECIPIENT, 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 SUB-RECIPIENT 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 sub-recipients
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.
17
•
EXHIBIT C
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
Community Development Block Grant Program
City of Elgin
The undersigned understands and agrees that it is a SUB-RECIPIENT of the Community Development
Block Grant 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 SUB-RECIPIENT further agrees to the following:
(1) It will incorporate or cause to be incorporated into any grant contract, loan, grant insurance or
guarantee involving Federally assisted construction work, or modification thereof, which is paid
for in whole or in part with funds obtained from the Community Development Block Grant
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.
(2) It will be bound by said equal opportunity clause with respect to its own employment practices
when it participates in any Community Development Block Grant Program construction.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) In the event that SUB-RECIPIENT 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
18
following actions: cancel, terminate or suspend, in whole or in part, this grant, refrain from
extending any further assistance to the SUB-RECIPIENT 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.
SUB-RECIPIENT: /; sing Authority o lgin
� .tate s reet, 1''• llinois 60123
1 �1
B : ! ��.�i_ill-ifl�l�b..
L7111 awshea, Executive Director
DATE: et '^1/ Put Tooq
I
c
ATTEST: Ul�l� - i , ) •
Ii
OFFICIAL SEAL
LINDA L DORSEY
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES:07/06/10
19
, OFEC' • 11
•
City of Elgin Agenda Item No. h
•
November 25,2009
TO: Mayor and Members of the City Council
eltit y flowing
FROM: Sean R. Stegall, City Manager
Denise Momodu,Associate Planner
SUBJECT: Community Development Block Grant Sub-Recipient Agreement for the Housing
Authority of Elgin
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information regarding the Sub-Recipient Agreement between the City of Elgin and the Housing
Authority of Elgin.
RECOMMENDATION
It is recommended that the City Council approve the Sub-Recipient Agreement between the City
of Elgin and the Housing Authority of Elgin for the Central Park Tower Elevator Renovation
Project in the amount of$68,500.
BACKGROUND
The Housing Authority of Elgin(HAE) is a public body established pursuant to the U.S. Housing
Act of 1937. HAE is authorized to engage or assist in the development or operation of housing
for lower income families.
HAE applied for Community Development Block Grant (CDBG) funds in 2008. The funding
was approved by the City Council in March 2009 and incorporated into the 2009 Annual
Updated Action Plan. The plan was submitted to the Department of Housing and Urban
Development(HUD) and approved in May 2009.
HAE was allocated a total of$68,500 in CDBG funds from the 2009 CDBG program year. The
funds will be used by HAE to complete renovations and repairs to the Central Park Tower elevator
for the building located at 120 South State Street in Elgin.
r
•
•
City of Elgin Memorandum
ra
-, .
°1?4/ToFEB�
Date: December 18, 2009
To: Denise Momodu, Associate Planner
From: Jennifer Quinton, Deputy City Clerk
Subject: Resolution No. 09-260, Adopted at the December 16, 2009, Council Meeting
Enclosed you will find the agreement listed below. Please retain a copy for your records. If you
have any questions please feel free to contact our office 847-931-5660 and we will do our best to
assist you. Thank you.
• Community Development Block Grant Sub-Recipient Agreement with the
Housing Authority of Elgin