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HomeMy WebLinkAboutRes 23-06 04/18/2006 RESOLUTION NO. 23-06 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND RESOURCES FOR COMMUNITY LNING WHEREAS, the Village of Mount Prospect is a recipient offunds 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 Community Living shall provide a program that includes "Community Living," and "Shared Housing for Special Populations" for the residents of the Village of Mount Prospect in the corporate boundaries of the Village of Mount Prospect; and WHEREAS, the program proposed by the Resource Center for Community Living and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low/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 Resource Center for Community Living, 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 approval in the manner provided by the law. AYES: Corcoran, Hoefert, Kom, Lohrstorfer, Skowron, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 18th day of April 2006. ~~ Irvana ilks, Mayor ATTEST: H:\CLKO\fi1es\WIN\RES\CDBG\CDBG resourse for community living 2006.doc AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND RESOURCES FOR COMMUNITY LIVING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT, entered this day of , 2006, by and between the Village of Mount Prospect (herein referred to as the "Grantee") and Resources for Community Living (herein referred to as the "Sub-Recipient"). WHEREAS, the Grantee has applied for and received Community Development Block Grant (herein referred to as "CDBG") funds from the United States Department of Housing and Urban Development (herein referred to HUD) under Title I of the Housing and Community Development Act of 1974, Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Sub-Recipient to assist the Grantee in utilizing such funds NOW, THEREFORE, it is agreed between the parties hereto that; 1. SCOPE OF SERVICE A. Activities The Sub-Recipient will be responsible for administering a CDBG Year (2006) program in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. This program will include the following activities eligible under the CDBG program. The Grantee elects to contract for services with the Sub-Recipient for operation of a program to provide housing options and support services to people with developmental and/or physical disabilities as outlined in the Scope of Services attached herewith as Exhibit A. B. National Obiectives The Sub-Recipient certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CRF Part 570.208: 1. Benefit Low/Moderate Income Persons; 2. Aid in the prevention or elimination of slums or blight; or 3. Meet a need having a particular urgency/emergency. C. Levels of Accomplishment In addition to the normal administrative services required as part of this Agreement, the Sub-Recipient agrees to provide the following levels of program services: Average Clients/Month 1.33/Month Total Clients/Year 16/Yr D. Performance Monitoring The Grantee will monitor the performance of the Sub-Recipient against goals and performance standards required herein. Substandard performance as determined by the Grantee will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the Sub-Recipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated. II. TIME PERFORMANCE Services of the Sub-Recipient shall start on January 1,2006 and end on December 31, 2006. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Sub-Recipient remains in control of CDBG funds or other assets, including program income. III. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this contract shall not exceed $5,500.00. Payments may be contingent upon certification of the Sub-Recipient's financial management system in accordance with the standards specified in OMB Circular A-II0 Attachment F. A. Payment Procedures The Grantee will pay to the Sub-Recipient funds available under this contract based upon information submitted by the Sub-Recipient and consistent with any approved budget and Grantee policy concerning payments. The Grantee will not process any invoices received until the Sub-Recipient submits a monthly, quarterly or seasonal report (depending on the reporting system the Sub-Recipient has decided to use) for the requested pay period. The Grantee will determine the appropriate amount to allocate per reporting period depending 2 on the Levels of Accomplishment achieved by the Sub-Recipient. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Sub-Recipient, and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with advance fund and program income balances available in Sub-Recipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Sub- Recipient. B. Indirect Costs If indirect costs are charged, the Sub-Recipient will develop an indirect cost allocation plan for determining the appropriate Sub-Recipient's share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. C. Program Income The Sub-Recipient shall report all program income as defined at 24 CFR 570.500(a) generated by activities carried out with CDBG funds made available under the contract. The use of program income by the Sub-Recipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Sub-Recipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unused program income shall be returned to the Guarantee at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury is not program income but needs to be remitted promptly to the Grantee. IV. REPORTING A. Progress Reports The Sub-Recipient shall submit a Quarterly Report to the Grantee in the form, content, and frequency as required by the Grantee. All reports will be due 15 days after the close of the reporting period. This report should include the following: 1. Each client served during the month using CDBG funds; 2. Client's address; and 3. Type of service used by that client. B. Final Report 3 A final report shall accompany the Sub-Recipient's final billing. This report will highlight the accomplishments of the program for the fiscal year, from January 1,2006 to December 31, 2006, summarize 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 15,2007. C. Submission to HUD Subsequent to the execution of this Agreement, the Grantee shall 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 Sub- Recipient shall not file any lawsuit against the Grantee 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 Grantee or any of its officers and employees. V. NOTICES & COMMUNICATIONS Notices and communications under this Agreement shall be sent registered or certified mail postage prepaid to the respective parties as follows: Grantee Sub- Recipient Mr. William J. Cooney, Jr. Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 (847) 818-5328 Fax: (847) 818-5329 Dr. Robert Walsh Executive Director Resources for Community Living 4300 Lincoln Avenue, Suite K Rolling Meadows, IL 60008 (847) 701-1554 Fax: (847) 701-1560 VI. GENERAL CONDITIONS A. General Compliance The Sub-Recipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the HUD regulations concerning CDBG). The Sub- Recipient further agrees to utilize funds available under this Agreement to supplement rater than supplant funds otherwise available. 4 The Sub-Recipient 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 Sub-Recipient shall be required to perform all acts under this agreement in the same manner as the Grantee, as a contractor of the Federal Government, is or would be required to perform such acts. Suspension or termination shall occur if the Sub-Recipient materially fails to comply with any term of the award in accordance with 24 CFR 85.44. B. "Independent Contractor" Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parities. The Sub-Recipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance as the Sub-Recipient is an independent Sub-Recipient. C. Hold Harmless The Sub-Recipient shall hold harmless, save and indemnify the Grantee 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 Grantee may suffer as a result of any cause, matter, act, or omission arising out of the Sub-Recipient's performance or non-performance, or those acting under it to conform to the statues, ordinances or other regulations or requirements of any governmental authority, in connection with e the Sub- Recipient's performance under this Agreement. The Sub-Recipient agrees to defend any claims brought or actions filed against the Grantee with respect to the subject of the indemnity contained herein, whether such claims or actions are rightfully or wrongfully brought or files. In case of such a claim brought or such an action files, the Grantee agrees that the Sub-Recipient may employ attorneys of its own selection to appear and defend the claim or action on behalf of the Grantee, subject to reasonable approval by the Grantee, at the expense of the Sub-Recipient. The Sub-Recipient, at its option, shall have the sole authority for the direction of the defense. D. Amendments The Grantee or Sub-Recipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations, and approved by the 5 Grantee's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Sub-Recipient from its obligations under this Agreement The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Sub- Recipient. E. Suspension or Termination Either party may terminate this contract at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. Partial terminations of the Scope of Service in Section I, A above may only be undertaken with the prior approval of the Grantee. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Sub-Recipient under this Agreement shall, at the option of the Grantee, become the property of the Grantee, and the Sub-Recipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. The Grantee may also suspend or terminate this Agreement, in whole or in part, if the Sub-Recipient materially fails to comply with any term of this Agreement, or with any of the rules, regulations or provisions referred to herein; and the Grantee may declare the Sub-Recipient ineligible for any further participation in the Grantee's contracts, in addition to other remedies as provided by the law. In the event there is probable cause to believe the Sub-Recipient is in non-compliance with any applicable rules or regulations, the Grantee may withhold up to fifteen (15) percent of said contract funds until such time as the Sub-Recipient is found to be in compliance by the Grantee, or is otherwise adjudicated to be in compliance. VII. ADMINISTRA TIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Sub-Recipient agrees to comply with Attachment F of OMB Circular 1-110 and agrees to adhere to the accounting principles and procedures required therein, 6 utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Sub-Recipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non-Profit Organizations or A-21 "Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. OMB Circular A-122 is included as Exhibit D. B. Documentation and Record-Keeping 1. Records to be Maintained The Sub-Recipient shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall not include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR Part 570.502, and OMB Circular A-II 0; and g. Other records necessary to document compliance with Subpart K of24 CFR 570. If applicable, said records shall include verification of household income and information on race/national origin and ethnicity. Eligible households for this program must have income below those noted in Exhibit C. The Sub-Recipient may establish program income criteria below that noted in Exhibit C. 2. Retention The Sub-Recipient shall retain all records pertinent to expenditures incurred under this contract for a period of five (5) years after the termination of all activities funded under this Agreement. Records for non-expendable property acquired with funds under this contract shall be retained for five (5) years after final disposition of such property. Notwithstanding the above, if there are claims, 7 litigation, audits, negotiations or other actions that involve any of the records cited that have started before the expiration of the three-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration ofthe three-year period, whichever occurs later. 3. Client Data The Sub-Recipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. 4. Disclosure The Sub-Recipient understands that client information collected under this contract is private. The use or disclosure of such information, when not directly connected with the administration of the Grantee's or Sub-Recipient's responsibilities with respect to services provided under this contract, is prohibited, unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Property Records The Sub-Recipient shall maintain a real property inventory, which identifies properties purchased, improved or sold using CDBG funds. Properties retained shall continue to meet eligibility criteria and shall conform with the "changes in use" restrictions specified in 24 CFR Parts 570.503(b )(8), as applicable. 6. Close-Outs The Sub-Recipient's obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. 7. Audits & Inspections All Sub-Recipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, their designees or the Federal Government, at any time during normal business hours, as often as the 8 Grantee or grantor agency deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Sub-Recipient with 30 days after receipt by the Sub- Recipient. Failure of the Sub-Recipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Sub-Recipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Sub-Recipient audits and, as applicable OMB Circular A-133. 8. Availability of Law, Regulations and Orders The Grantee shall, upon the request of the Sub-Recipient, provide copies of all laws, regulations and orders, including those cited in this contract which regulate operation of the CDBG-funded programs, or which might otherwise affect the performance of this Agreement. This Agreement include program income requirements (See Section V, C, 1: Program Income.) set forth in section 24 CFR 570.504 (c) but is not applicable to the Sub-Recipient and uniform administrative requirements described in section 24 CFR 570.502. C. Procurement 1. Compliance The Sub-Recipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this contract. 2. OMB Standards The Sub-Recipient shall procure all materials, property, or services in accordance with the requirements of Attachment 0 of OMB Circular A-IlO, Procurement Standards, and shall subsequently follow Attachment N, Property Management Standards as modified by 24 CFR 570.502(b)(6), covering utilization and disposal of property. 3. Travel The Sub-Recipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this contract. 9 VIII. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Sub-Recipient agrees to comply with the Illinois Human Rights Act (Act 775ILCS 5-1-101 et seq.) and with Title VIII of the Civil Rights Act of 1968 as amended, Section 1 04(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246 as amended by Executive Orders 11375 and 12086. 2. Nondiscrimination The Sub-Recipient shall not discriminate against any worker, employee, applicant for employment or any member of the public because of race, color, creed, religion ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. Such affirmative action shall include, but not be limited to the following: employment, upgrading demotion or transfer, termination, compensation, and selection for training including apprenticeship. The Sub-Recipient 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 the Sub-Recipient's internal personnel practices and its actions in the performance of this Agreement. The Sub-Recipient hereby certifies that 1-9 forms are current and employment verification has been completed regarding all employees. The Sub-Recipient agrees and authorizes the Grantee and HUD to conduct compliance reviews or any other procedures to assure compliance with these provisions, subject to applicable laws and regulations concerning privacy and reasonable notice to the Sub-Recipient. B. Conduct 1. Assignments The Sub-Recipient shall not assign the Agreement or any part thereof and the Sub-Recipient shall not transfer or assign any funds or claims due or to be come 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 Sub-Recipient shall be deemed of no force or effect and shall not be binding upon the Grantee. 10 2. Prohibited Activity The Sub-Recipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities: sectarian or religious activities; lobbying, political patronage, and nepotism activities 3. Conflict of Interest The Sub-Recipient agrees to abide by the provisions of 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under the Agreement. The Sub-Recipient further covenants that in the performance of this Agreement no person having such a financial interest shall be employed or retained by the Sub-Recipient hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer or elected official or appointed official of the Grantee, or of any designated public agencies or Sub-Recipients which are receiving funds under the CDBG Entitlement Program. 4. Lobbying The Sub-Recipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, it will complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 11 c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all Sub-Recipients shall certify and disclose accordingly; and d. Lobbying Certification - Paragraph d This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 5. Religious Organizations The Sub-Recipient agrees that funds provided under this contract will not be utilized for religious activities to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CR 570.2000). IX. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect. 12 IN WITNESS WHEREOF, the Parties have executed this contract: THE VILLAGE OF MOUNT PROSPECT RESOURCES FOR COMMUNITY LIVING BY: 1j~$- t; #~ -Presi ent of the Village Board BY: Executive Director ATTEST: Notary Public 13