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HomeMy WebLinkAboutRes 25-93 06/01/1993 RESOLUTION NO. 25-93 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND GIRL SCOUTS - ILLINOIS CROSSROADS COUNCIL INC. BOXWOOD ADVOCACY PROGRAM WHEREAS, the Village of Mount Prospect is a recipient of fimds 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 Girl Scouts - Illinois Crossroads Council Inc. shall provide an Advocacy Program and Special Summer Program for the residents of Boxwood in the corporate boundaries of the Village of Mount Prospect; and WHEREAS, the program proposed by the Girl Scout Council 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 Girl Scouts - Illinois Crossroads 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 effect from and after its passage and approval in the manner provided by law. AYES: Clowes, Hendricks, Hoefert, Wilks, Skowron NAYS: None ABSENT: Corcoran PASSED AND APPROVED this 1st day of June. ., 1993. ~ - Mayor ~/ AT'FEST: / / / Village Clerk AOREEMENT This Agreement is entered into this 1st day of Juno , 1993, by and between the Village of Mount Prospect, a bod~lit~c of the State of Illinois (hereinafter referred to as the "VIIJAGE' and Girl Scouts - Illinois Crossroads Council, Inc., a not- for-profit corporation of the State of Illinois (hereinafter referred to as the ~COUNCIL"). ~ECTION I Statement of Puruose As a grantee of Community Development Block Grant funds (hereinafter referred to as CDBG funds) by the U. S. Departmem of Housing and Urban Development (hereinafter referred to as HUD), the VII I AGE elects to contract for services with the COUNCIL for operation of a special Summer program for the children of Boxwood and a Boxwood Advocacy Program 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 COUNCIL up to a maximum of $23,000.00 and~ the COUNCIL agrees to abide by the provisions and regulations of the 1974 Housing and Connrmnity 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 llI next. The VIllAGE's contractual obligation as identified in Section I shall be limited to the maximum amount specified in Section IL to the actual amount invoiced by the COUNCIL, and only to the extent such amount is received from HUD for such purposes. SECTION III t~0nditions of Contract A. Indemnification. The COUNCIL agrees to indemnify and save and hold harmless the VII .1 .AGE and each and everyone of its officers, agents, employees, servants, attorneys, insurers and successors from any and all C]airng, demands, causes of action, expenses, injuries, losses or damages of whatever kind, character of description the VII JI .AGE may 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 -1- any claims brought or actions filed against the VII l .AGE with respect to the subject of the indemnity contained herein, whether such c]alms or actions are rightfully or wrongfully brought or filed. In case of such a' claim brought or such an action filed, the COUNCIL agrees that the VII I .AGE may employ attorneys of its own selection to appear and defend the claim or action on behalf of the VII.I.AGE at the expense of the COUNCIL The VIII.AGE, at its option, shall have the sole authority for the direction of the defense, and shall be the sole judge of the acceptability of any compromise or settlement of any c]airns or acfious against the VII .1 AGE. B. Non-discrimination, The COUNCIL, performing under thi~ 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 or~n. Such af-6rmative action shall include, but not be limited to the following: employment, upgrading~ demotion or transfer, termination, recruitment or recruitment advertisin~ 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-discrimm' atory 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 agrees and authorizes the VII I.AGE and HUD to conduct compliance reviews or any other procedures to assure compliance with these provisions. C. Examination of Records. The COUNCIL will, at all times, give HUD, the Comptroller General of the United States, and the VII J.AGE, 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. D. Filing of Re¢0rd$. The COUNCIL shall file with the VII I.AGE such duplicates of records covering such activities to be performed in whole or in part, as specified in Exhibit 'A". E. AvailabiLi_ty of Law. Regulations and Orders. The VII I.AGE 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 program~ or which might otherwise affect the performance of this Agreement. -2- Compliance 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 Agreement, and the COUNCIL shall be required to perform all acts under thi~ 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 thi~ Agreement, the VII l .AGE 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 COUNCIL shall not file any lawsuit agaln~t 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 acts of the VILLAGE or any of its officers or employees. SECTION VI Billing and Reporting Arrangements Pursuant to this Agreement, the VIII.AGE will disburse CDBG funds to the COUNCIL on the following basis: 1. The VII I.AGE shall allocate the $23,000.00 contract amount for the services stipulated in this Agreement. The COUNCIL shall submit monthly invoices to the VII J JAGE with a bi-monthly performance report. This report shall include: a. Number of children participating in program for the reporting period; b. Number of hours of activity for children for the reporting period; c. Types of activities provided to children for the reporting period; d. Number of trips taken and number of children on each for the reporting period; -3- 2. A completed Exhibit B shall be submitted with the last monthly invoice along with a summary of actual cost incurred over the entire year for the operation of this program. The actual cost should be broken out by: Total salaries; b. Cost of transporatation; c. Cost of office supplies, program supplies, food and drinks, registration, insurance, admission fees, custodial fees and memberships; d. Miscellaneous. Identify each. 3. The COUNCIL shall also have completed by the parents or guardians of each child the Certification Form, Exhibit C. This form may be part of the child's application for participating in the program. Said Exhibit C shall indicate to the satisfaction of the Village, each participating child's household annual income as being below or above current HUD Section 8 I Jmits. Failure to submit a completed Exhibit C for each participating child's household will violate the terms of this Agreement and cancel any pending and future payments due the COUNCIL from the VII IAGE. All exhibits, reports and invoices must be completed and sent to the Village of Mount Prospect no later than May 10, 1994. SECTION VII Leneth of Contract This Agreement shall be valid until April 30, 1994 and may be terminated by either party upon thirty (30) days written notice. All costs associated with the noted tasks in Exhibit A shall be billed to the Village and reimbursed upon presentation of all documentation required under Section VI. SECTION VIII Assignmen! The COUNCIL shall not assign this Agreement or any part thereof and the COUNCIL shall not transfer or assign any funds or ciaims due or to become due hereunder without the prior written approval of the Village Manager. Any transfer or assignment of funds pursuant to this A4~reement, 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 VII ~I.AGE. -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 VII I.AGE: Mr. David M. Clements Director of Planning and Zoning Village of Mount Prospect 100 South Emerson Street Mount Prospect, Illinois 60056 to the COUNCIL: Ms. Rem Wilcox Executive Director Girl Scouts - Illinois Crossroads Council, Inc. 570 East Hig~n.~ Road Elk Grove Village, Illinois 60007 This Agreement is entered into this 1st day. of dune ,1993. THE VII'.I.A. OF MOUNT PRO -. BY ~lNesiffent of the ~rillage BoardJ ATTEST: ' ' ' '~-,olRL SCOUTS - II I .INOIS CROSSROADS COUNCII~ INC. an Illinois not-for-profit corporation BY: Extcutive Director ATI~,STi · ~ -5-