13-62 Resolution No. 13-62
RESOLUTION
AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT
BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH KANE COUNTY FOR
REIMBURSEMENT OF COSTS ASSOCIATED WITH THE
LEAD HAZARD CONTROL PROGRAM
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 a community development block grant agreement on behalf of the City of Elgin
with Kane County for reimbursement of costs associated with the Lead Hazard Control Program,a
copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: April 10, 2013
Adopted: April 10, 2013
Vote: Yeas: 7 Nays: 0
Recorded: April 11, 2013
Attest:
s/Kimberly Dewis
Kimberly A. Dewis, City Clerk
AGREEMENT
BETWEEN THE CITY OF ELGIN AND KANE COUNTY FOR
THE LEAD HAZARD REDUCTION PROGRAM
This AGREEMENT is entered into as of the 10th day of April , 2013, by and
between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter called "GRANTEE" or
"CITY") and KANE COUNTY, an Illinois unit of local government (hereinafter called "SUB-
RECIPIENT"), having a principal place of business at 719 South Batavia Avenue, Geneva, Illinois
60134.
L 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.
H. SCOPE OF THE PROJECT
A. SUB-RECIPIENT hereby agrees to perform, in a timely fashion, the activities provided
for herein, and those previously defined and identified in the letter and project budget
allocations submitted by the SUB-RECIPIENT, dated November 21, 2011, and entitled
"Lead Based Paint Hazard Control Program," a copy of which is attached hereto as
Exhibit "A" and incorporated herein by this reference (hereinafter referred to as the
"PROJECT").
B. All funding provided to SUB-RECIPIENT shall be used solely towards the
reimbursement of costs associated with the Lead Hazard Control Program, addressing
lead-based paint hazards in homes where children have been identified as having elevated
blood-lead levels throughout Kane County, including the City of Elgin, and to provide
contractor training opportunities in order to expand the pool of local firms licensed to
address lead-based paint hazards. A "Healthy Homes"Program will also be implemented
to improve the health and safety of homes. The reimbursement will be made in
installments over a three-year period. An estimated sixty low and moderate income
households, including an estimated thirty of low and moderate income households in the
City of Elgin, will benefit from the PROJECT. The subject program will serve 100
percent low and moderate income persons as defined by 24 CFR 570.208 (a)(2)(i)(A).
The funding provided herein shall be used only for costs associated with the Lead Hazard
Control Program, and other costs associated with the above activity as are consistent with
the scope and intent of the PROJECT and are pre-approved by CITY staff.
Page 1
C. The SUB-RECIPIENT shall develop and submit to the CITY an Outcome Performance
Measurement Statement that establishes project goals and objectives, identifies
performance indicators, and estimates the number of clientele to be served. The SUB-
RECIPIENT shall provide Quarterly Progress Reports to the CITY each quarter,
reporting on the status of the PROJECT in relation to the percent of project completion,
accomplishments, effectiveness of the project as related to the goals and objectives, and
the clientele served, including number served, client access to the service (either new or
improved access), and demographics. The quarterly progress reports shall begin upon the
signing of this Agreement, and be based on the CDBG program year, beginning on June
1` and ending on May 3151 of the following year. The quarterly progress report shall
continue until the completion of this project or until directed to discontinue such reports
in writing by the CITY.
D. Prior to the expenditure of CDBG funds, 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.
E. 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. All written requests for
an exception to this agreement shall be made, in writing, to the City's Community
Development Department explaining why the SUB-RECIP ENT 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
total grant received by the CITY and in consideration of the SUB-RECIPIENT'S
undertaking to perform the PROJECT, a maximum of $118,555.80, (hereinafter "Grant
Funds"), and that amount to be paid in the form of three (3) annual installments and as
provided for herein at Sections II (D) and VII. Installment No. 1 shall be in the amount
of $40,000 of Grant Funds from the 2011-12 CDBG program year; Installment No. 2
shall be in the amount of$40,000 of Grant Funds from the 2012-13 CDBG program year;
and Installment No. 3 shall be in the amount of $38,555.80 of Grant Funds from the
2013-14 CDBG program year. Prior to the initial payment of Grant Funds, SUB-
RECIPIENT shall submit, to the CITY, their Outcome Performance Measurement
Statement and progress report indicating client demographics and program status. SUB-
C,
RECIPIENT shall submit quarterly progress reports, by the 10`h day following the end of
the preceding quarter, to the CITY. The amount to be paid to SUB-RECIPIENT will be
based upon the work completed and the submittal of employee work reports in support of
the invoiced amount.
B. This PROJECT shall be identified as Project Numbers 154743, 154845, 154945 and
Account No. 230-0000-791.78-99, which identifying numbers shall be used by SUB-
RECIPIENT on all payment requests.
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C. SUB-RECIPIENT acknowledges and agrees that the payment of Installment No. 3, in the
amount of $38,555.80 of Grant Funds from the 2013-14 CDBG program year, is
contingent upon approval of federal funds by HUD and the CITY's receipt of the
Authorization to Use Funds from HUD in June 2013.
D. 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 by SUB-RECIPIENT due to actions by the SUB-RECIPIENT, the SUB-
RECIPIENT shall reimburse the U.S. Department of Housing and Urban Development or
the CITY any Grant Funds that were previously distributed to SUB-RECIPIENT for
those activities not undertaken. This provision shall not be construed as limiting the
CITY from asserting any claims against the SUB-RECIPIENT for the breach of any other
terms of this Agreement.
E. Upon project completion as specified in Section II, Scope of the Project, any remaining
CDBG project funds shall be available for reallocation by the CITY 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 CITY all funds used for ineligible
activities.
F. A minimum of 51 percent of the persons served on an annual basis shall be at or below
80 percent 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 percent threshold
shall require SUB-RECIPIENT to reimburse the CITY for funds expended, in whole or in
part, for project activities.
G. 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 CITY.
IV. SUB-RECIPIENT'S COMPLIANCE WITH THE ACT
A. CITY shall assist SUB-RECIPIENT in 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 the CITY, (1) assist in the completion of an
environmental review and (2) complete certifications showing equal employment
opportunity compliance including equal employment opportunity certifications 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
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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
including, 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 the CITY and HUD 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 shall post in
conspicuous places available to employees and applicants for employment notices setting
forth the provisions of Section N (D) above.
F. SUB-RECIPIENT shall not violate any laws, state or federal rules or 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,
commonly known 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 quarterly 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
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 in
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excess of$25,000 is used exclusively for the benefit of low and moderate income persons
as defined by HUD, for a period of 15 years after the expiration of this agreement.
M. If during the 15 year period after the expiration 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 in excess of $25,000, 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 shall not assign, transfer, subcontract or otherwise convey its rights or
obligations under this Agreement without the prior written consent of the CITY, which
consent may be withheld in the CITY'S sole discretion."
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
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
Page 5
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, 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 the 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 the 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, the 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 Sections IX and X hereof, the CITY shall pay all required
payments against eligible project costs, as described in Section 11.13, incurred by SUB-
RECIPIENT under this Agreement.
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, and A-122, 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
the CITY a quarterly progress report, by the 10`h day following the end of the preceding
quarter. Other reporting requirements are specified in Exhibit "B" attached hereto and
made a part of this Agreement.
C. 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 PROJECT and shall keep this plan and budget on
file with the CITY.
Page 6
IX. TERMINATION OF AGREEMENT OR SUSPENSION OF PAYMENT
A. During the implementation of the PROJECT, the 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 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 the CITY elects to terminate this Agreement or to suspend payments, for any
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 the 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
reasonable 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. Unless terminated pursuant to the provisions of paragraph IX herein, this agreement shall
terminate on December 31, 2015.
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 of liability ansimg 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 the 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, the CITY and/or any of its agents or
representatives, the CITY'S liability to SUB-RECIPIENT shall be limited to any funds
which have previously been provided to SUB-RECIPIENT pursuant to this agreement.
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SUB-RECIPIENT hereby waives and releases the 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 paragraphs 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.
D. In addition to any other remedies available to the CITY, if the CITY has lost or been
prevented from receiving any federal funds, including but not limited to the Grant Funds,
as a result of any alleged violation of law or other breach of this Agreement by SUB-
RECIPIENT, or if SUB-RECIPIENT otherwise fails to comply with any term of this
award or Agreement, the SUB-RECIPIENT shall repay, upon demand by the CITY, such
amount of Grant Finds 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 the CITY'S discretion.
Milestones Date
1. Submit Request for Payment for cost incurred during April 31, 2013
CDBG Program Year 2011-2012 for the period beginning
June 1, 2011 through May 31, 2012
2. Submit Request for Payment for costs incurred during June 1, 2013
CDBG Program Year 2012-2013 for the period beginning
June 1, 2012 through May 31, 2013
3. Submit Request for Payment for costs incurred during June 1, 2014
CDBG Program Year 2013-2014 for the period beginning
June 1, 2013 through May 31, 2014
B. Total Number of Months Required for Project Completion 36 Months
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XH. MISCELLANEOUS PROVISIONS
A. AMENDMENTS - This Agreement constitutes the entire Agreement between the parties
hereto. 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: �� d,
Sean R. Stegall, Ci*'Manager
DATE: April 10, 2013
ATTEST: i r
Kimberly Dewis, City Clerk
SUB-RECIPIENT: Kane County
719 S. atavia Avenue, Geneva, Illinois 60134
BY:
Chris Lauzen, Board Chairperson
DATE: o� l
ATTEST:
Page 10
EXHIBIT A
Kane County—Lead Hazard Reduction Program
Page I I
I COUNTY OF KANE
OFFICE OF COMMUNITY REINVESTMENT County Government Center
cuuHT�'' 719 South Batavia Avenue
Paul Kuehnert,Executive Director �a:��`, o„';
Geneva IL 60134
'H`•"" �' Fax:630-232-3411
www.countyofkane.org/Pages/OCR.aspx
November 10, 2011
Sarosh Saher
City of Elgin NOV 21 2011
150 Dexter Court
Elgin, IL 60120 113y '
RE: Lead Based Paint Hazard Control Program
DearSarosh:
I am pleased to notify you that Kane County recently executed the enclosed agreement for "Lead
Based Paint Hazard Control" funds from HUD. Over the next three years, this federal award of
$1,040,796, along with local matching funds totaling $305,199, will allow us to address lead-based
paint hazards in homes where children have been identified as having elevated blood-lead levels.
Additionally;th•ese'fund`S will help-us develop and implement a "Healthy Homes" Program aimed at
ih4peoving'the:heal.th-and safety of area homes.
On behalf of the county, I want to thank the City of Elgin for its strong support of our application, as
evidenced by your commitment of$118,555.80 in CDBG funds (over the three-year period) toward the
local match. We are confident that your support is a primary reason why our application was selected.
Currently, we are preparing to launch this new program and respectfully request that the City of Elgin
provide us with a funding agreement for $39,518.60 (one-third of your match commitment). As you
know, these funds will be used exclusively for program activities within the City of Elgin.
Please don't hesitate to contact me if you have any questions, or need additional information. My
office will be happy to supply you with additional details regarding the program as I'm sure you will
want to include those in your agreement. Please feel free to contact me at 630-208-5351. Thank you!
Sincerely,
Scott Berger; Director
Office°o`f Comiiiunity _investment
Enc.
Assistance Award/Amendment U.S.Department of Housing and
Urban Development
Oflicc of Administration
I I.Assistaa:c hutrunwnr 2 Typc of Action
❑Cooperative.4gmement ®Gram []Award ®Amendment
1.Insttwncnt Number 4.Amendment Ntanber 5.Eirectivc Date of this Action 6.Control Number
1LLHB6500-11 3 See Block 1116
7.Name and Address of Rtvipica S.HUD Administering Office-
County of Kane HUD,Offlecof Heabby Homes and Lead Hazard Control
719 Batavia Avenue 451 Seventh Street.sw
Geneva,[L 60134-3077 Room 9245
WnhImgtoa,DC 20410
81.Nameof Administrator Sb.Telephone Number
Royal Rucker (202)402-7584
10.Recipient Project Manager 9.HUDGovernmmt Technical Reprtsenumve
Amy Coyne(630)444-3027,coyneamyCco.kaueALus Myia frgleton(202)402-7523
11.Assistance Anuageracsrt 12.Payment Mahod t 3.HUD Payment Office
®Cunt Reimbursement ❑Treasury Check Reimbursement U.S.Dept of HUD
❑Cost Sharing ❑Advance Check CFO Accounting Center,6AF
❑Fixed Price ®Automated Clearinghouse 801 Cherry St,Unit 1145 Ste.1300
Ft Wortb,TX 76102
14.Assistance Amount 1 S.HUD Accounting and Appropriation Data
Previous HUD Amount 51,040,796.00 IS&Appropriation Number 15b.Rcsmation number
HUD Amount this action _ $0.00 86111120174-LRLH/LHB 5940,796 LH811-10(FY-11)
8611/120174-LRHHIHHO S100.000
Total HUD Amount 51,030.796.00 Amount Previously Obliptod S1,040,7%.00
Recipient Amount 5305,199.00 Obligation by this action $0.00
Total Instrument Amount SI,345.995.00 ToW Obli titm 51.040.796.00
16.Description
Employer identification: 366006585 DUNS: 010221786 Program:LFHMMO
This instrument sets forth the agreement between the parties as to all terms and conditions and provisions
herein. By signing this award document, the Grantee certifies that it is in compliance with all administrative
and financial provisions of this award_This Grant Amendment will execute grant funds as of November 1,
2011.
Period of Performance: November 1,2011 through October 31,2014(36 months)
ALL OTHER TERIMS A"ND CONDITIONS REMAIN UNCHANGED
11.® Recipient is requinxi to sign and return three(.3)copies ME]E] Recipient is not required to sign this documcat.
of this document to the HUD Adminiacrine Off cc
19.Rte:iniem(Ely Naxwt 20.HUD($y Name)
Ka P! naug,.hay. u Ro a ttckci.-Grant fitter
Siartature k Datefrrun ddlyyyyl r'r S( --- Datc
n 2 7 201 .-.
- form HU D-1 V-tt i 8 90)
•�-� ref.Handhnak-2210.17
Draft Budget for Lead Hazard Control Grant
TRAINING/OUTREACH PROGRAM
EXPENSES 2012 2013 2014 Totals
Mandatory Program Training 53.000.00 SO.001 50.00 53,000.00
OTS StatiTraining 51,990.00 5240.00 50100 S2,230.00 Risk Assessor,Lead Supervisor,Refresher
Risk Assessor,Refresher Supervisor
OTS Contractor Training 57,125.00 $0.00 S0.001 S7,125.00
Community Outreach 57,500.00 52.500.00 so.00l 510,000.00
Administrative Costs(10%) $1,961.50 5274.00 50.00 52,235.50
Total Expenses(Training/Outreach) $21,576.50 $3,014.00 $0.001 $24,590.50
FUNDING SOURCES 2012 2013 2014 Totals
LHCG(75%) 516,182.381 52,260.501 $0.00 5181442.88
Kane County Riverboat Fund(25%) 551,394.131 S753.501 $0.00 56.147.63
Total Sources(Training/Outreach) $21,576.501 $3,014.001 $0.00 $24 590.50
EBL CASES
EXPENSES 2012 2013 2014 Totals
30 EBL Cases(10/year) 5150,000.00 $?50,000.00 5150,000.00 5450,000.00
Staff Delivery 105A 515,000.00 $15,000.00 $15,000.00 545,000.00
Relocation 54,000.00 54,000.00 54,000.00 512,000.00$400a unit
Inspections 512.000.00 512,000.00 512,000.00 536,000.00
1 Risk Assessmentl 53,400.00 $3,400.00 $3.400.00 510.200-00
Clearance Tests 55,000.00 $5,000.00 $5,000.00 515,000.00
Administrative Costs(10°0) $18,940.00 S18,940.0ol $18,940.00 556,820.00
Total Expenses(EBL Cases) I S208,340,001 $208,34D.001 $208,340.001 $625,020.00
FUNDING SOURCES 2012 2013 2014 Totals
LHCG(75%) 5156,255.00 5156,255.00 $156.255.00 5468,765.00
IClty of Aurora(11%) $22,917.40 $22.917.40 522,917.40 568,752.20
ICityof Elgin(11%) $22,917.40 $22,917.46 522,917.40 5681752.20
1Kane County Riverboat Fund(31/6) 56.250.20 $6.250.20 56,250.20 518,750.60
ITotal Sources I EBL Cases) 1 $208,340.001 $208,340.00 $208,340.00 $625,020.00
PREVENTION CASES
EXPENSES_ 2012 2013 2014 Totals
fil?revenfioi%Ca3e3(7/year) 5105,000.001 5105,000.00 5105,000.001 5315,000.00
Staff Delivery 10%1 510,500.001 510.500.00) 510.500.001 531,500.00
Relocation) $2,800.001 S2,800.001 $2,800.00 58.400.001$400 a unit
Inspections indudes 3 extra each year) 512,000.001 $12.000.001 $12,000.00 536,000.00
Risk Assessment includes 3 extra each year $3,400.001 53,400.001 $3,400.00 $10,200.00
Clearance Tests 1 $3,500.001 53,500.001 53,500.00 $10,500.00
Administrative Costs(10°:x) 1 5'_3,720.00 $13,720.001 $13,720.00 541,160.00
`Total Expenses(Prevention Cases) 1 $150,920.001 $150,920.001 $150,920.00 $452,760.00
FUNDING SOURCES 2012 2013 2014 Totals
ILHCG(7;%) 5113,190.001 5113,190.001 $113,190.00 $339,570.00
jCity of Aurora(11%) 1 $16,601.20 $16,601.201 $16,601.20 $49,803.60
[City of Elgin(11%) 1 516,601.201 $16,601.201 $16,601.20 $49,803.60
IKane County Riverboat Fund(3%) 1 $4,527.601 S4.527.601 54527.60 $13,582.80
(Total Sources(Prevention Cases) 1 $150,920.001 $150,920.001 $150,920.00 $452,760.00
FUNDING SUMMARY
2012 2013 2014 Totals
LHCG 5285,627.38 S271,705.501 5269,445.00 $826.777.88 75.00%
)City of Aurora $39,518.601 $39,518.60 539,518.60 $118.555.80 10.75%
City of Elgin $39,518.601 539518.60 539,518.60 5118.555.80 10.75%
[Kane County Riverboat Fund $76,171.931 $11.531.30 $10,777.80 538,481.03 3.49%
Grand Totals $380,836.50.1 $362,274.00 $359,260.00. $1,102,370.50
r6.
i'? ce of the Mayor
David j. Knptain 150 DEXTER COURT 8471931-5595
MAYOR ELGIN,ILLINOIS 60120 mayor @cityofefgin.org
May 25, 2011
Scott Berger, Director
Kane County Office of Community Reinvestment
719 Batavia Avenue
Geneva IL 60134
Dear Mr. Berger:
This letter is to confirm that the City of Elgin intends to participate in your Lead Hazard Control Program,
which will be submitted in June for consideration by the U.S. Department of Housing and Urban Development.
Further,the city will provide, at a minimum, snatching funds in the amount of$118,555.80 which will be paid
from our Community Development Block Grant Program over a three-year period. The city realizes that
participation in the Lead Hazard Control Program is contingent upon the award of federal funds and final
approval from the Elgin City Council.
As we understand it, Kane County s intent under the Lead Hazard Control Program is to address lead-based
paint hazards in low-to moderate-income households throughout Kane County, including the City of Elgin, and
to provide contractor training opportunities in order to expand-the pool of local firms licensed to address lead-
based paint hazards under our various housing assistance programs.
Further, we understand the county will ensure that all households that participate in the Lead Hazard Control
Program will meet program guidelines regarding income eligibility. For those households that qualify, lead-
hazard reduction activities will be completed in a timely and cost-effective manner by licensed lead
contractors in accordance with federal and state guidelines. Additionally, county staff licensed by the State of
Illinois as lead_supervisors will monitor and inspect each home.
The City of Elgin looks forward to being part of your Lead Hazard Control Program and is happy to provide
funding to serve as local match for your application. If you have any questions, or require additional
information, please do not hesitate to contact me at (847) 931-5595. Thank you!
Sincerely,
�1
Mayor David J. Kaptain
EXHIBIT B
ASSURANCES
The SUB-RECIPIENT hereby assures and certifies 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 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 1;
(B) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-208), as amended; and that the
SUB-RECIPIENT 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;
Page 12
(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 24 CFR Part 35; 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 City, 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 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
Page 13
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 Community Development 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).
Page 14
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 subawards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all sub-recipients
shall certify and disclose accordingly.
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 510,000 and not more than 5100,000 for each such failure.
Page 15
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
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
Page 16
compliance has been received; and refer the case to the Department of Housing and Urban
Development for appropriate legal proceedings.
Paae 17
SUB-RECIPIENT: Kane County
7L9 S. Batavia Ave ue, Geneva, Illinois 60134
BY: L�---
Chris Lauzen, Board Chairperson
DATE:
ATTEST:
#I WOT,W—W, I w wo
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