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HomeMy WebLinkAboutRESOLUTIONS-1975-054-R-75It Resolution 54-R-75 Approving Agreement with ECCCCC and Authorizing Execution Thereof WHEREAS, the Evanston City Council, with the passage of City Reso- lution 11-R-75, did approve an application for Community Develop- ment Block Grant entitlement funds and did direct the City Manager to file said application with the U.S. Department 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 contains a Community Development program which directs that funds will be made available to re- habilitate a child care facility in Evanston, and • WHEREAS, the Evanston Committee for Community Coordinated Child Care has identified the Coach House, which is located at the rear of the -Child Care Center's property at 1840 Asbury Avenue, Evanston, Illinois, as the most appropriate building for rehabilitation, and WHEREAS, the Staff has written a Grant Agreement which authorizes the transfer of Community Development Block Grant funds to the Evanston Committee for Community Coordinated Child Care for fi- nancing of the above rehabilitation project: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Evanston hereby approves the attached Grant Agreement and authorizes the City Manager to execute it on behalf of the City. Mayor City Clerk a toAdopted:&Tplf 1p , 1975 Agreement This AGREEMENT made the day of 1 , A.D., 1975) by and among the CITY OF EVANSTON, ILLINOIS (hereinafter EVANSTON), and the EVANSTON COMMITTEE for COMMUNITY COORDINATED CHILD CARE (hereinafter GRANTEE) for the purposes of rehabilitating the COACH HOUSE located at the rear of Child Care Center property at 1840 Asbury, Evanston, Illinois (hereinafter PROJECT). This agree- ment will be in effect for as long as the GRANTEE is expending 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 $40,000. 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 undertake and complete the PROJECT between the date and year first written above and June 1, 1976. B. To cause or require to be inserted in 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 forconstruction work, or modification thereof, as defined in said regulations, which is paid for in whole or part with assistance provided under this Agreement, the following equal opportunity clause: During the performance of this contract, the contrac- tor agrees as follows: . (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, Page 2 Agreement 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 workersrepresentatives 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 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contracts will furnish all information and reports required by Executive Order 11246 of September.24, 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- Page 3 " Agreement gation to ascertain compliance with 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 dvery 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 Labor in of 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; Page 4 Agreement and that it will otherwise assist the Department in the discharge of its primary responsibility for securing com- pliance. E. 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. F. To comply with the applicable regulations of the Department of Labor under 29 CFR Parts 3, 5 and 5a, 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. G. 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,rreligion, sex, or national origin, in the sale, Page 5 ' Agreement lease or rental, or in -the use or occupancy of such land or any improvements erected 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. 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. 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. N o 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. toIN WITNESS WHEREOF, the parties have expected this Agreement, IN DUPLICATE, the day and year first above written: City of Evanston, Illinois By: Evanston Committee on Community Coordinated Child Care By: