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HomeMy WebLinkAboutRes 27-93 06/01/1993 RESOLUTION NO. 27-93 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND SUBURBAN PRIMARY HEALTH CARE COUNCIL INC. PRIMARY HEALTH CARE 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 Suburban Primary Health Care Council Inc. shall provide a program to facilitate access to primary health care in the corporate boundaries of the Village of Mount Prospect; and WHEREAS, the program proposed by the Suburban Primary Health Care Council Inc. and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefitting low- 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 Village President of the Village of Mount Prospect and the Village Clerk are hereby authorized to execute a comract for Community Development Block Grant implementation, which contract is between the Village of Mount Prospect and Suburban Primary Health Care Council Inc. a not-for-profit corporation, said contract is attached to this Resolution. SECTION TWO: That this Resolution shall be in full force and effec~ from and after its passage and approval in the manner provided by law. AYES: Clowes, Hendricks, Hoefert, Skowron, Wilks NAYS: None ABSENT: Corcoran PASSED AND APPROVED this 1st day of dune ,1993. ~~ ' ~/Ma./~or r / ATYEST: Village Clerk AGREEMENT This A4xeement is entered into this 1st day of dune , 1993, by and between the Village of Mount Prospect, a body politic of the State of Illinois (hereinafter referred to as the "VII I.AGE" and the Suburban Primary Health Care Council (hereinafter referred to as the "COUNCIL"), an Illinois Not-for-Profit Corporation. SECTION I As a grantee of Community Developmem 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 COUNCIL for operation of a program to facilitate access to primary health care for low- and moderate- income residents of the Village of Mount Prospect as outlined in the Scope of Services attached herewith as Exhibit "A". SECTION II Amount Of the Gr~nt The VII J.AGE does hereby contract for services with the COUNCIL up to a maximum of $16,000.00 and the COUNCIL agrees to abide by the provisions and regulations of the 1974 Housing and Community Developmem 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 m 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 amount invoiced by the COUNCID and only to the extent such amount is received from HUD for such purposes. SECTION III Conditions of Contract A. Indemnification, The COUNCIL agrees to indemnify and save and hold harmless the VII J.AGE and each and everyone of its officers, agents, employees, servants, attorneys, insurers and successors from any and all claims, demands, causes of action, expenses, injuries, losses or damages of whatever kind, character of description the VII I.AGE may -1- suffer as a result of any cause, matter, act, or omission arising out of the failure of the COUNCIL, or those acting under it, to conform to the statues, ordinances or other regulations or requirements of any governmental authority, in connection with the COUNCIL's performance under this Agreement. The COUNCIL agrees to defend against any claims brought or actions filed against the VIII .AGE with respect to the subject of the indemnity contained herein, whether such rialtos or actions are rightfully or wrongfully brought or filed. In case of such a claim brought or such an action filed, the VII I.AGE agrees that the COUNCIL may employ attorneys of its own selection to appear and defend the claim or action on behalf of the VII I.AGE, subject to reasonable approval by the VII I.AGE, at the expense of the COUNCIL. The COUNCII~ at its option, shall have the sole authority for the direction of the defense. B. Non-discrimination, The COUNCIL, 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, recruitment or recruitment advertising, layoff or termination rates of pay, other forms of compensation, selection for training including apprenticeship. The COUNCIL agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this non-discriminatory clause. This policy of non- discrimination and affirmative action shall be applicable with regard to both COUNCIL's internal personnel practices and its actions in the performance of this Agreement. The COUNCIL hereby certifies that 1-9 forms are current and employment verification has been completed regarding all employees. The COUNCIL 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 COUNCIL. C. Examination of Records. The COUNCIL will, at all times, give HUD, the Comptroller General of the United States, and the VII IAGE, 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 COUNCIL may establish program income criteria below that noted in Exhibit C. D. Filing of Records. The COUNCIL 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". -2- E. Availability of Law. Regulations and Orders. The VILLAGE shall, upon the request of the COUNCIL, 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. SECTION IV Comnliance With Laws The COUNCIL 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 Agreemem, and the COUNCIL shall be required to perform all acts under this Agreement in the same manner as the VII ~I .AGE, 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 VII IAGE shall forthwith file all necessary documents with HUD and shall comply with all applicable roles and regulations necessary to facilitate acquisition of funds approved for this program by HUD. The COUNCIL shall not file any lawsuit against the VII I.AGE or any of its 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 negligem or willfully wrongful acts of the VII I.AGE or any of its officers or employees. SECTION VI Billing and Re~orting Arran~ments Pursuant to this Agreement, the VIII.AGE will disburse CDBG funds to the COUNCIL on the following basis: 1. The VILLAGE shall allocate the $16,000.00 contract amount for the services stipulated in this Agreement. The COUNCIL shall submit no more than one invoice per month for an amount equal to one-twelfth of the contract amount. Every month, the COUNCIL shall submit to the VII.I.AGE a Monthly Performance Report. Said report shall include available information on: -3- a. Each Mount Prospect client served during the month, showing the client's COUNCIL number, address, and type(s) of service rendered. Services may also include number of applications received and the number of applicants approved for the program. The first report shall be due on June 10, 1993. All others shall be submitted no later than the 10th of the month. 2. A final report shall accompany the COUNCIL's final billing and regular monthly report in May of 1994. This report will highlight the accomplishments of the program over the past year, snmmarize for the fiscal year, from May 1, 1993 to April 30, 1994, the number of Mount Prospect residents served by type of assistances, and include the completion of Exhibit B herein attached. SECTION VII Len~h of Contract This Agreement shall be valid from the date it is entered into thru April 30, 1994 and may be terminated by either party upon thirty (30) days written notice. All costs associated with the completed tasks shall be billed to the VIIJ.AGE and reimbursed upon presentation of all documentation required under Section VI. SECTION VIII Assignment The COUNCIL shall not assign this Agreement or any part thereof and the COUNCIL shall not transfer or assign any funds or claim~ 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 which shall be due to the COUNCIL shall be deemed of no force or effect and shall not be binding upon the VILLAGE. -4- SECTION IX Notices and Communications Notices and commqnications under this Agreement shall be sent registered or certified mail, postage prepared, to the respective parties as follows: to the VII,! ,AGE: Mr. David M. Clements Director of PJ~nning and Zoning Village of Mount Prospect I00 South Emerson Street Mount Prospect, ILlinois 60056 to the COUNCIL: Mrs. Victoria Bigelow President Suburban Prima~ Health Care Council 2235 Enterprize Drive #3501 West Chester, Illinois 60154 This Agreement is entered into this 1st day of ,]uno. ,1993. 7 ~ OF MOUNT~ Pi'esident-6f the Village ' ATFEST: Board Village Clerk SUBURBAN PRIMARY HEALTH CARE COUNCIL ATFEST: BY: ///7~h Notary Public J.~t.~/. ~