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Home My WebLink AboutRes 20-98 03/18/1998 MS/caf RESOLUTION NO, 20-98 AN RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND CLAYGROUND, INC. FOR A TEACHING CERAMICS AND ARTS PROGRAM WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the Mayor and Board of Trustees of the Village of Mount Prospect that Claygrounds, Inc. shall provide a teaching ceramics/arts program for the residents of the Boxwood area located within the corporate boundaries of the Village of Mount Prospect; and WHEREAS, the program proposed by Claygrounds, Inc. and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefitting Iow- and moderate-income persons. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor is hereby authorized to sign and Clerk directed to attest his signature on an Agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and Claygrounds, Inc., a for profit corporation, a copy of which Agreement is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approved in the manner provided by law. AYES: Hoefert, Lohrstorfer, Nocchi, Wilks, Farley NAYS: None ABSENT: Clowes, Corcoran PASSED and APPROVED this 18th day of Ma rch ,1998. Carol A. Fields Village Clerk' AGREEMENT This Agreement is entered into this 18th day of March 1998, by and between the Village of Mount Prospect, a body public of the State of Illinois (hereinafter referred to as the "VILLAGE" and Clayground, Inc., (hereinafter referred to as the "COMPANY") a for-profit company. SECTION I Statement of Purpose As a grantee of Community Development Block Grant funds (hereinafter referred to as CDBG funds) by the U.S. Department of Housing and Urban Development (hereinafter referred to as HUD), the VILLAGE elects to contract for services with the COMPANY for operation of a program to facilitate services to low- and moderate-income Mount Prospect children, many from the Boxwood neighborhood, as outline in the Scope of Services attached herewith as Exhibit "A". SECTION II Amount of the Grant The VILLAGE does hereby contract for services with the COMPANY up to a maximum of $1,850.00 and the COMPANY agrees to abide by the provisions and regulations of the 1974 Housing and Community Development Act, as amended under which said contract is made, and to use said contract funds for the purposes set forth in Section I hereof and as conditioned by the provisions of Section III next. The VILLAGE's contractual obligation as identified in Section I shall be limited to the maximum amount specified in Section II, to the actual mount invoiced by the COMPANY, and only to the extent such amount is received from HUD for such purposes. SECTION IH Conditions of Contract A. ~. The COMPANY agrees to indemnify and save and hold harmless the VILLAGE and each and everyone of it% officers, agents, employees, servants, attorneys, insurem and successors from any and all claims, demands, causes of actions, expenses injuries, losses or damages of whatever kind, character of description the VILLAGE may suffer as a result of any cause, matter, act, or omission arising out of the failure of the COMPANY, or those acting under it, -1- to conform to the statues, ordinances or other regulations or requirements of any governmental authority, in connection with the COMPANY's performance under this Agreement. The COMPANY agrees to defend against any claims brought or actions filed against the VILLAGE with respect to the subject of the indemnity contained herein, whether such claims or actions are rightfully or wrongfully brought or filed. In case of such a claim brought or such an action filed, the VILLAGE agrees that the COMPANY may employ attorneys of it's own selection to appear and defend the claim or action on behalf of the VILLAGE, subject to reasonable approval by the VILLAGE, at the expense of the COMPANY. The COMPANY, at it's option, shall have the sole authority for the direction of the defense. B. Non-discrimination. The COMPANY, performing under this Agreement, shall not discriminate against any worker, employee, or applicant or any member of the public, because of race, creed, color, sex, age, or national origin. Such affirmative action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, termination, compensation, selection for training including apprenticeship. The COMPANY agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions oftkis non-discriminatory clause. This policy of non-discrimination and aff'n'rnative action shall be applicable with regard to both COMPANY's internal personnel practices and it's actions in the performance of this Agreement. The COMPANY hereby certifies that I-9 forms are current and employment verification has been completed regarding ail employees. The COMPANY agrees and authorizes the VILLAGE and HUD to conduct compliance reviews or any other procedures to assure compliance with these provisions, subject to applicable laws and regulations concerning privacy with reasonable notice to the COMPANY. C. Examination Records. The COMPANY will, at all times, give HUD, the Comptroller General of the United States, and the VILLAGE, through any authorized representative, access to, and the right to examine all records, books, papers or documents related to the contract, in accordance with state and federal law. Said records shall include verification of household income and information on race or national origin. Eligible households for this program must have incomes below those noted in Exhibit C. The COMPANY may establish program income criteria below that noted in Exhibit C. D. Filing of Records. The COMPANY shall file with the VILLAGE such duplicates of records covering such activities to be performed in whole or in part, as specified in Exhibit "A". E. Availability_ of Law. Regulations and Orders. The VILLAGE shall, upon the request of the COMPANY, provide it with copies of all laws, regulations and orders, including those cited in this contract, which regulate the operation of the Block Grant funded programs, or which might otherwise affect the performance of this Agreement. -2- SECTION IV Compliance with Laws The COMPANY, shall at all times, observe and comply with all laws, ordinances or regulations of the Federal, State, County and local government which may in any manner affect the performance of this Agreement, and the COMPANY shall be required to perform all acts under this agreement in the same manner as the VILLAGE, as a contractor of the Federal Government, is or would be required to perform such acts. SECTION V Submission to HUD Subsequent to the execution of this Agreement, the VILLAGE shall forthwith file all necessary documents with HUD and shall comply with all applicable rules and regulations necessary to facilitate acquisition of funds approved for this program by HUD. The COMPANY shall not file any lawsuit against the VILLAGE or any of it's officers or employees as a result of this contract, except that this Section shall not act as a bar to any lawsuits arising from the negligent acts of the VILLAGE or any of it's officers or employees. SECTION VI Billing and Reporting Arrangements Pursuant to this Agreement, the VILLAGE will disburse CDBG funds to the COMPANY on the following basis: 1. The VILLAGE shall allocate the $1,850.00 contract amount for the services stipulated in this Agreement· The COMPANY shall submit one invoice for work performed under the first six (6) months of this contract and one invoice covering the remaining six (6) months. Each invoice will be for one-half (½) of the contract amount· With both invoices, the COMPANY shall submit to the VILLAGE a Six Month Performance report covering the activities of the invoiced period. Said report shall include information on: -3- a. Each Mount Prospect client who used the Teaching Ceramics/Arts program at Clayground, Inc. during the (6) months showing the client's COMPANY number, client's address, and dates when the service was provided. The first report shall be due on July 10, 1998. 2. A final report shall accompany the COMPANY's final billing. This report will highlight the accomplishments of the program over the past twelve months, summarized for the fiscal year, from January 1, 1998 to December 31, 1998, the number of Mount Prospect Residents served, and include the completion of Exhibit B herein attached. This report shall be due no later than January 10, 1999. SECTION VII Len~h of Contract This Agreement shall be valid from January 1, 1998 through December 31, 1998 and may be terminated by either party upon thirty (30) days written notice. All costs associated with completed tasks shall be billed to the VILLAGE and reimbursed upon presentation of all documentation required under Section VI. SECTION VIII Assignments The COMPANY shall not assign the Agreement or any part thereof and the COMPANY shall not transfer or assign any funds or claims due or to become due hereunder without the prior written approval of the Village Manager. Any transfer or assignment of funds pursuant to this agreement, either in whole or in part, or any interest therein shall be due to the COMPANY shall be deemed of no force or effect and shall not be binding upon the VILLAGE. -4- SECTION IX Notices and Communications Notices and communications under this Agreement shall be sent registered or certified mail postage prepared, to the respective parties as follows: to the VILLAGE Mr. William J. Cooney, Jr. Director of Community Development Village of Mount Prospect 100 South Emerson Street Mount Prospect, Illinois 60056 to the COMPANY Ms. Diarme M. Kovack President Clayground, Inc. 425 East Euclid Avenue Mount Prospect, Illinois 60056 THE VILLAGE OF MOUNT PROSPECT resi ent o e i lage Boar~/// / Village Clerk CLAYGROUND, INC. President ATTEST: ~ vEm^w. Lo.w..~ . ~ Notary Public ~ Nota~ Public, State of ~tlinois ~ March 9, t998 Mr. Michae~ E. Sims Planner Village of Mount Prospect 100 S. Emerson Steer Mount Prospect IL 60056 EXHIBIT A Boxwood Assist Select Program Dear Michael: The following program is applleable to the 50 children of Iow income criteria in the Boxwood area and children of all ages can participate and enjoy the following program. The cost per each child is $7.50, our regular cost lbr this program would be $13.00 a class. Each child will attend a total of 5 classes, in these classes children will learn freehand clay work, and construct a Noah's ark, complete with animals. At completion of this program the children will have a better understanding of cer~anic construction using both coil fred slab techniques, days and firings. The first two weeks the children will be busy designing and constrticting their mk. Third and fourth week they should have finish~ the ark and be busy working on their animfls. Fifth w~ek th~ should be glazing and preparing for firing. In this program each child wilt le~m to design their own ark and animals. After completion they will have the opportunity to display their work at the Mt. Prospect Historical Society. If they choose to enter their arks in the August competition at the/mernafiotml Ceramic Association convention in Milwaukee, they will have the opportunity to win awards. This program will help to build confidence and self-esteem, as wall as develop motor skills. The t-ulfillment of creating a Noah's ark will encourage the children to involve themselves more in the arts and tess into gang situations. A) Cost per each child at $7.50 a dass for 5 classes. Total ......... $ 37.50 B) Cost for 50 cNldren participating in program. Total ........ $1875.00 Thank yeti, Dianne M. Kovack President, CLAYground, Inc. p.~I 03-19-98 89:51 RECEIVED FROM: EXHIBIT C SECTION 8 INCOME LIMITS Persons in Household ~ 1 .............................................. $31,700 2 .............................................. $36,250 3 .............................................. $40,750 4 .............................................. $45,300 5 .............................................. $48,900 6 .............................................. $52,550 7 .............................................. $56,150 8 .............................................. $59,800 SECTION IX Notices and Communications Notices and communications under this Agreement shall be sent registered or certified mail postage prepped, to the respective parties as follows: to the VILLAGE Mr. William J. Cooney, Jr. Director of Community Development Village of Mount Prospect 100 South Emerson Street Mount Prospect, Illinois 60056 to the COMPANY Ms. Dianne M. Kovack President Clayground, Inc. 425 East Euclid Avenue Mount Prospect, Illinois 60056 THE VILLAGE OF MOUNT PROS~.~ (-~"~P~esident o'~the Village Board~ Village Clerk CLAYGROUND, INC. President ATTEST: N~~ - 5 -