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HomeMy WebLinkAboutRes 28-99 06/01/1999 c vwi$/21/99 RESOLUTION NO. 2 8 - 9 9 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE MOUNT PROSPECT PUBLIC LIBRARY WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determ'med by the Mayor and Board of Trustees of the Village of Mount Prospect that the Mount Prospect Public Library shall install an upgraded fire alarm system that meets ADA and Illinois Accessibility Codes, providing assistance to special needs residents of the Village of Mount Prospect; and WHEREAS, the project proposed by the Mount Prospect Public Library and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting 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 Mayor is hereby authorized to sign and the 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 the Mount Prospect Public Library, 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 fi.om and after its passage and approval in the manner provided by the law. AYES: Corcoran, Hoefert, Lohrstorfer, Notch±, W±lks NAYS: None ABSENT: Skowron PASSED and APPROVED this 1 s t day of June ., 1999. ~7;}drL' Farley' ATTEST: Vel~aa W. Lowe ' Village Clerk This Agreement is entered into this t/~ day of~:ff~. 1999, by and between the Village of Mount Prospect, a body public of the State of Illinois (he~6inafter referred to as the "VILLAGE" and the Mount Prospect Public Library (hereinat~er referred to as the "CORPORATION") a not-for-profit public entity. SECTION I $~atement 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 I'ILrD), the VILLAGE elects to contract for services with the CORPORATION for the installation of an upgraded fire alarm system that meets ADA and Illinois Accessibility Codes, at I0 South Emerson Street, Mount Prospect, Illinois. The VILLAGE does hereby contract for services with the CORPORATION up to a maximum of $46,350.00 for the installation of an upgraded fire alarm system that meets ADA and Illinois Accessibility Codes and the CORPORATION agrees to abide by the provisions and regulatiuns 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 CORPORATION, and only to the extent such amount is received from HUD for such purposes. SECTION Ill Conditions of Contract A. ~. The CORPORATION agrees to indemnify and save and hold harmless the VILLAGE and each and everyone of its' officers, agents, employees, servants, attorneys, insurers 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 CORPORATION, or those acting under it, to conform to the statues, ordinances or other regulations or requirements of any governmental authority, in connection with the CORPORATION's performance under this Agreement. The CORPORATION agrees to defend against any claims brought or actions filed against the VILLAGE with respect to the subject of the indemnity contained here/n, whether such claims or actions are rightfully or wrongfully brought or filed. In case of such a claim brought or such an action flied, the VILLAGE agrees that the CORPORATION may employ attorneys of its' own selection to appear and defend the claim or action on behalf of the VILLAGE, subject to reasonable -1- approval by the VILLAGE, at the expense of the CORPORATION. The CORPORATION, at its option, shall have the sole authority for the direction of the defense. B Non-discrimination. The CORPORATION, performing under this Agreement, shall not discriminate against any worker, employee, or applicant or any member of the public, because of race, ereed, 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 CORPORATION agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this non-discriminatory clause. Th/s policy of non-discrimination and affirmative action shall be applicable with regard to both CORPORATION's internal personnel practices and it's actions in the performance of this Agreement. The CORPORATION hereby certifies that I-9 forms are current and employment verification has been completed regarding all employees. The CORPORATION 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 CORPORATION. C. ' ' The CORPORATION 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 CORPORATION may establish program income criteria below that noted in Exhibit C. D. ~ The CORPORATION shall file with the VILLAGE such duplicates of records covering such activities to be performed in whole or in part. E. Availabili _ty of Law. Regulations and Orders. The VILLAGE shall, upon the request of the CORPORATION, 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 The CORPORATION, shall obtain building permits from the Village of Mount Prospect and 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 CORPORATION 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. -2- 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 CORPORATION 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 fi.om the negligent acts of the VILLAGE or any of it's officers or employees. Billing and Reporting Arrangements Pursuant to this Agreement, the VILLAGE will disburse CDBG funds to the CORPORATION on the following basis: 1. The VILLAGE shall allocate the $46,350.00 contract mount for the services stipulated in this Agreement. The CORPORATION shall submit invoices for work completed, inspected and approved by Village Inspectors. 2. A final report shall accompany the CORPORATION's final billing and report no later than January 10, 2000. This report will summarize the benefits of the project, financial summary of the project fi.om January 1, 1999 to December 31, 1999, the number of Mount Prospect Residents served by type of assistance, and include the completion of Exhibit B herein attached. This Agreement shall be valid/fi.om January I, 1999 through December 31, 1999 and may be terminated by either party upon thirtyo(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. The CORPORATION shall not assign the Agreement or any part thereof and the CORPORATION 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 par~, or any interest therein shall be due to the CORPORATION shall be deemed of no force or effect and shall not be binding upon the VILLAGE. -3- 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 CORPORATION Marilyn Genther Executive Director Mount Prospect Public Library I0 South Emerson Street Mount Prospect, Illinois 60056 THE VILLAGE OF MOUNT PROSPECT / Village Clerk ATTEST: / ff Notary Public ~// ~irector -4- Exhibit A The Library has eight audio only warning devices. These devices need to be replaced with a flashing strobe light and horn warning device to meet the ADA and Illinois Accessibility Code. In addition the number of devices also need to be increased for more comprehensive coverage of the facility. The control panel which powers and controls these devices cannot be upgraded to accept additional power demands. The Library is requesting to replace the existing panel and warning system for $46,350. This figure includes all construction and engineering fees. The request is for 100% of the funding required. This project is identified in our ADA plan done in 1993 and recently updated in 1998 for the state. EXHIBIT C No. of People in Income Household Limits 1 $33,,450 2 38,250 3 43,000 4 47,800 5 51,600 6 55,400 7 59,250 8 63,100