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HomeMy WebLinkAboutRes 26-91 05/21/1991 RESOLUTION NO. 26-91 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND NORTH WEST HOUSING PARTNERSHIP, INC. AFFORDABLE HOUSING 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 North West Housing Partnership, Inc. shall provide a program to facilitate an affordable housing program in the corporate boundaries of the Village of Mount Prospect; and WHEREAS, the program proposed by the North West Housing Partnership, Inc. and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefitting Iow- 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 NOrth West Housing Partnership, 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. AVES: Busse, Corcoran, Floros, Clowes, Wilks, Hoefert NAYS: None ABSENT: None PASSED AND APPROVED this 21st day of May ,1991. Village Clerk AGREEMENT This Agreement is entered into this 21st day of May ., 1991, by and between the Village of Mount Prospect, a body politic of the State of Illinois (hereinafter referred to as the "VII J.AGE" and North West Housing Partnership Corporation, a not- for-profit corporation of the State of Illinois (hereinafter referred to as the !'PARTNERSHIP"). SECTION I Statement of Pu~ose 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 HUD), the VILLAGE elects to contract for services with the PARTNERSHIP for operation of a Mount Prospect Affordable HOUsing Program for the residents of Mount Prospect as outlined in the Scope of Services attached herewith as Exhibit "A". SECTION II ~nount of the Grant The VII .1 .AGE does hereby, contract for services with the PARTNERSHIP up to a maximum of $2,500.00 and the PARTNERSHIP 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 m next. The VII J.AGE's contractual obligation as identified in Section I shall be limited to the maximum amount specified in Section 1I, to the actual amount invoiced by 'the PARTNERSHIP, and only to the extent such amount is received from HUD for such purposes. SECTION III Conditions of Contract A. Indemnification. The PARTNERSHIP 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 action, -1- expenses, injuries, losses or damages of whatever kind, character of description the VII.I.AGE may suffer as a result of any cause, matter, act, or omission arising out of the failure of the PARTNERSHIP, or those acting under it, to conform to the statues, ordinances or other regulations or requirements of any governmental authority, in connection with the PARTNERSHIP's performance under this Agreement. The PARTNERSHIP agrees to defend against any clalm~ brought or actions filed against the VIIJ.AGE 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 claim brought or such an action filed, the PARTNERSHIP agrees that the VILLAGE may employ attorneys of its own selection to appear and defend the claim or action on behalf of the VILLAGE at the expense of the PARTNERSHIP. The VILLAGE, 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 claims or actions against the VILLAGE. B. Non-discrimination, The PARTNERSHIP, 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 PARTNERSHIP agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth:the provisions of this non-discriminatory danse. This policy of non-discrimination and affirmative action shall be applicable with regard to both PARTNERSHIP's internal personnel practices and its actions in the performance of this Agreement. The PARTNERSHIP agrees and authorizes the VILLAGE and HUD to conduct compliance reviews or any other procedures to assure compliance with these provisions. C. Examination of Records. The PARTNERSHIP will, at all times, give HUD, the Comptroller General of.the United States, and the VIIJJAGE, 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 Records. The PARTNERSHIP 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". E. Availability_ of Law, Regulations and Orders, The VILLAGE shall, upon the request of the PARTNERSHIP, 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- SECTION IV Comnliance With Laws The PARTNERSHIP shall, at all times, observe and comply with all laws, ordinances or regulations of the Federal; State, County and local governmem which may in any manner affect the performance of this Agreement, and the PARTNERSHIP shall be required to perform all acts under this Agreement in the same manner as the VILLAGE, as a con- tractor 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 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 PARTNERSHIP 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 negligent 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 PARTNERSHIP on the following basis: 1. The VILLAGE shall allocate the $2,500.00 contract amount for the services stipulated in this Agreement. The PARTNERSHIP shall submit no more than one invoice every three (3) months for an amount equal to one-quarter of the contract amount. The P~LRTNERSHIP shall submit to the VII.!.AGE a Quarterly Performance Report with each quarterly invoice. Said report shall include information on the: a. Assistance being provided to Mount Prospect in it's preparation of it's Comprehensive Housing Affordability Strategy. -3- b. Progress in creating an affordable housing strategy and implementation plan in Mount Prospect. .c. Major accomplishments of the three-month period and list objectives for the next three months. The first report shall be due on August 10, 1991. All others shall be submitted no later than the 10th of November, 1991, February, 1992 and May 1992. 2. A final report shall accompany the PAR .TNERSHIP's final billing in May of 1992. This report will highlight the accomplishments of the program over the past year, and indicate what unmet needs still remain. SECTION VII Length of Contract This Agreement shall be valid from the date it is entered into thru April 30, 1992 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 Assi_~nment. The PARTNERSHIP shall not assign this Agreement or any part thereof and the PARTNERSHIP shall not transfer or assign any funds or ciaim~ 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 PARTNERSHIP shall be deemed of no force or effect and shall not be binding upon the VILLAGE. -4- N0tice~ 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 PARTNERSHIP: Mr. Jack Markowski Executive Director North West Housing Partnership 450 East Higgins Road Elk Grove Village, Illinois 60007 This Agreement is entered into this 21st day of May , 1991. ATTEST: / Village Clerk NORq~rI WEST HOUSING PARTNERSHI-P, an Illinois not-for-profit corporation tary Phb~y t , , l EILEEN d. PROPP I EXHIBIT A AFFORDABLE HOUSING STRATEGY WORK PROGRAM The contractor's work program will include assisting the Village of Mount Prospect with preparing a Comprehemive Housing Affordability Strategy (CHAS) document. Such assistance will include reporting on Mount Prospect's CHAS relationship to Cook County's, investigating how Mount Prospect's CHAS can be incorporated into Cook County's, and providing statistical information needed for completing Mount Prospect's CHAS. The comractor will also creme an affordable housing strategy and implementation plan, including an identification of potential sites and funding sources for rental and home ownership affordable housing.