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HomeMy WebLinkAboutRes 26-93 06/01/1993 RESOLUTION NO. 26-93 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE RESOURCE CENTER FOR THE ELDERLY SERVE OUR SENIORS PROGRAM SHARED HOUSING FOR SPECIAL POPULATIONS 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 the Resource Center for the Elderly shall provide a Serve our Seniors and Shared Housing for Special Populations Programs for the residents of Mount prospect and the corporate boundaries of the Village of Mount Prospect; and WHEREAS, the program proposed by the Resource Center for the Elderly 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 contract for Community Development Block Grant implementation, which contract is between the Village of Mount Prospect and the Resource Center for'the Elderly, said contract is attached to this Resolution. SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Clowes, Hendricks, Hoefert, Skowron, Wilks NAYS: None ABSENT: Corcoran PASSED ~ APPROVED this 1st day of June ., 1993. ATTEST: / / AGREEMENT This Agreement is entered into this lsd: 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 "VOI.AGE" and the Resource Center for the Elderly (hereinafter referred to as the "AGENCY"), a Not-for-Profit Comrmmity-based organization. SECTION I Statement of Puroose As a gramee 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 AGENCY for operation of two programs to facilitate services to low- and moderate-income senior citizen residents of the Village of Mount Prospect as outlined 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 AGENCY up to a maximum of $4,000.00 and the AGENCY 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 amount invoiced by the AGENCY, and only to the extent such amount is received from HUD for such purposes. SECTION III .Conditions of Contract A. Indemnification. The AGENCY agrees to indemnify and save and hold harmless the VII J JAGE 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 VILLAGE may -1- suffer as a result of any cause, matter, act, or omission arising out of the failure of the AGENCY, or thl~se acting under it, to conform to the statues, ordinances or other regulations or requirements of any governmental authority, in connection with the AGENCY's performance under this Agreement. The AGENCY 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 c]alm brought or such an action filed, the VILLAGE agrees that the AGENCY may employ attorneys of its own selection to appear and defend the claim or action on behalf of the VIII ~AGE, subject to reasonable approval by the VILI.AGE, at the expense of the AGENCY. The AGENCY, at its option, shall have the sole authority for the direction of the defense. B. Non-discrimination. The AGENCY, 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 AGENCY 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 AGENCY's internal personnel practices and its actions in the performance of this Agreement. The AGENCY hereby certifies that I-9 forms are current and employment verification has been completed regarding all employees. The AGENCY 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 AGENCY. C. Examination of Records. The AGENCY will, at all times, give HUD, the Comptroller General of the United States, and the VII IJAGE, 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 AGENCY may establish program income criteria below that noted in Exhibit C. D. Filing of Records..The AGENCY shall file with the VIII.AGE such duplicates of records covering such activities to be performed in whole or in part, as specified in F_xhibit "A". -2- E. Availability. of Law. Regulations and Orders. The VIII.AGE shall, upon the request of the AGENCY, 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 Agreemem. SECTION IV Comuliance With Laws The AGENCY 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 AGENCY 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 VJI.I .AGE 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 AGENCY shall 'not file any lawsuit against the VIII.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 negligent or willfully wrongful acts of the VII I.AGE or any of its officers or employees. SECTION VI Billing and Renorting Arrangements Pursuant to this Agreement, the VILLAGE will disburse CDBG funds to the AGENCY on the following basis: 1. The VILLAGE shall allocate the $4,000.00 contract amount for the services stipulated in this Agreement. The AGENCY 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 of this contract. Each invoice will be for one-half (1/2) of the contract amoum. -3- With each invoice, the AGENCY shall submit to the VILLAGE a Six Month Performance Report covering the activities of the invoiced period. Said report shall include information on: a. Each Mount Prospect client whose home was repaired during the previous six (6) months showing the client's AGENCY number, client's address, and type(s) of repairs or maintenance work rendered. The report may also include the number of Mount Prospect applications received and the number of Mount Prospect applicants approved for the program. The AGENCY may also report on the number of Mount Prospect students who performed repairs and maintenance work on senior citizen homes over the past six (6) months. The first report shall be due on November 10, 1993. 2. A final report shall accompany the AGENCY's final billing and regular six month report in May of 1994. This report will highlight the accomplishments of the program over the past year, summarize for the fiscal year, from May 1, 1993 to April 30, 1994, the number of Mount Prospect senior residents served by type of assistance, and include the completion of Exhibit B herein attached. This report shall also include the normal six (6) month report noted above in Item a. SECTION VII Length of Contract This Agreement shall be valid from the date it is entered into through 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 VILLAGE and reimbursed upon presentation of all documentation required under Section VI. SECTION VIII Assignment The AGENCY shall not assign this Agreemem or any part thereof and the AGENCY shall not transfer or assign any funds or daim~ 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 AGENCY 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. David M. Clements Director of Planning and Zoning Village of Mount Prospect 100 South Emerson Street Mount Prospect, Illinois 60056 to the AGENCY: Ms. Carol Wargo, Executive Director Resource Center for the Elderly 306 West Park Street Arlington Heights, Illinois 60005 This Agreement is entered into this 1st day of dune , 1993. TH~. VII .I.AGE OF MOUNT PROSPECT ATTEST: Board Village Clerk RESOURCE CENTER FOR THE ELDERLY AGENCY Executive Director ' ~qotary Public ~ -5-