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HomeMy WebLinkAboutRESOLUTIONS-1976-002-R-76Resolution 2-R-76 WHEREAS, the Evanston City Council, with the passage of City Resolution 11-R-75, did approve an application for Community Development Block Grant entitlement funds and did direct the City Manager to file said application with the U.S. Depart- ment of Housing and Urban Development, and WHEREAS, the City's application was approved on June 4, 1975, by said U.S. Department, and WHEREAS, the City's application was amended by Resolution 1-R-76 for the purpose of having an economic feasibility study performed on the Church/Dodge area, and WHEREAS, the Staff has written a Grant Agreement which authorizes the transfer of Community Development Block Grant funds to the NAACP who will contract with a firm for the purpose of having said economic feasibility study performed: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Evanston has hereby approved the attached Grant Agreement and authorizes the City Manager to execute it on behalf of the City of Evanston. Attest: City Clerk Adopted: ZAWV lhst-r • , 1976 Mayor Agreement i t This AGREEMENT made the day of , A.D., 1976, by and among the CITY OF EVANSTON, ILLINOIS (hereinafter EVANSTON), and the NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE (hereinafter GRANTEE) for the purpose of developing an economic, feasibility study for the Church/Dodge area (hereinafter PROJECT).. This agreement will be in effect for as long as the GRANTEE is ex- pending the grant funds. Witnesseth: The parties hereto mutually covenant and agree for good and valuable consideration upon the following terms and conditions: I. EVANSTON agrees to make a grant to the grantee not -to exceed $8500. The amount will be paid to the grantee between the day and year first written above and June 1, 1976, in installments as the grantee may request. II. The GRANTEE agrees to the following: A. To enter into a contract, which is mutually acceptable to EVANSTON and the GRANTEE, with a consultant who will complete the PROJECT between the date and year first written above and June 1, 1976. B. To cause or require to be inserted 1T full in all con- tracts and subcontracts for work financed in whole or in part with assistance provided under this Agreement, the section 3 clause set forth in Title 24 CFR Part 135.20 (b). C. To cause or require to be inserted :in full in any non- exempt contract and subcontract for, construction work, or modification thereof, as defined: in said regulations, which is paid for in whole or part vaith assistance provided under this Agreement, the u ollo.wing equal opportunity clause: During the performance of this contiract, the contrac- tor agrees as follows: (1) The contractor will not discrimrinate against any employee or applicant for employment bec::ause of race, color, • • religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are em- ployed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demo- tion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including appren- ticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employ- ment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or ad- vertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will re- ceive consideration for employment without regard to race, color, religion, sex, or national origin. • (3) The contractor will send to each labor union or representative of workers with which, he has a collective \ bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or wor3:ers' representatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 112116 of September 24, 1965, and of the rules, regulations, and relevant ord-crs of the Secretary of Labor. (5) The:contractr will furnish all information and reports required by Executive Order 11246 of September 24, t 1965, and by the rules, regulations„ and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Depart- ment and the Secretary of Labor for purposes of investi- • Agret • gation to ascertain compliance wit h ith such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, this con, - tract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contract procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise pro- vided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the pro- visions of paragraphs (1) through (7) in (5very subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 25, 1965) • so that such provisions will be binding upon each sub- contractor or vendor.. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub- contractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. D. To assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of con- tractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor; that it will furnish the De- partment and the Secretary of Labor such information as they may require for the supervision of such compliance; 0 • • E. F. G. and that it will otherwise assist the Department in the discharge of its primary responsibility for securing com- pliance. To 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 and will carry out such sanctions and* penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D of the executive order. To comply with the applicable regulations of the Department of Labor under 29 CFR Parts 3, 5 and Sa, governing the payment of wages and the ratio of apprentices and trainees to journeymen; Provided, that if wage rates higher than those required under such regulations are imposed by state or local law, nothing hereunder is intended to relieve the Grantee of its obligation, if any, to require payment' of the.higher rates. The Grantee shall cause or require to be inserted in full, in all such contracts subject. to such regulations, provisions meeting the requirements of 29 CFR 5.5 and, for such contracts in excess of $10)000) 29 CFR 5a.3.. No award of the contracts covered under this section of the Agreement shall be made to any contractor who is at the time ineligible under the provisions of any appli- cable regulations of the Department of Labor to receive an award of such contract. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, to cause.or require a covenant running with the land to be inserted in the deed or lease for such trans- fer, prohibiting discrimination upon the basis of race, color, religion, sex, or national. origin, in the sale, ' Agreemcnt t • land lease or rental, or in the use or occupancy of such or any improvements er.ectcd or to be erected thereon, and providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenant. The Grantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. H. To remain fully obligated under the provisions of the Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is be- ing provided under this Agreement to the Grantee. I. No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall• be admitted to any share or part of this Agreement or to any benefit to arise from the same. J. No: member, officer, or employee of the Grantee, or its • designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure of for one year there- after, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Grantee shall incor- porate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pur- suant to the purposes of this section. IN WITNESS WHEREOF, the parties have executed -this Agreement, IN DUPLICATE, the day and year first above written: e City of Evanston, Illinois National Association for the Advancement of Colored People 3y. By.