HomeMy WebLinkAboutRes 19-04 05/04/2004
RESOLUTION NO. 19-04
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE
OF MOUNT PROSPECT AND RESOURCE CENTER FOR THE ELDERLY
FOR SENIOR SHARED HOUSING
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 shan provide a program to match homeowners or apartment
dwellers with home seekers; providing affordable housing for the elderly, single parent, persons on fixed
incomes, displaced homemakers, and other low income persons needing affordable housing for residents
within 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 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 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 the Elderly, a not-for-profit corporate, 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, Lohrstorfer, Skowron, Wilks, Zadel
NAYS:
None
ABSENT:
None
PASSED and APPROVED this 4th day of May 2004
ATTEST:
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AGREEl\fENT BETWEEN
THE VILLAGE OF MOUNT PROSPECT
AND
RESOURCE CENTER FOR THE ELDERLY
SENIOR-SHARED HOUSING PROGRAM
FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered this day of , 2004, by and
between the Vmage of Mount Prospect (herein referred to as the "Grantee") and the Resource
Center for the Elderly (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 (2004) Senior-
Shared Housing 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 match elderly homeowners with home seekers as outlined in the Scope
of Services attached herewith as Exhibit A
B. National Objectives
The Sub-Recipient certifies that the activíties carried out with funds provided under
this Agreement will meet one or more of the CDBG program's National Objectives as
detìned 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.
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III.
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:
Activity
Senior-Shared Housing
Average Cli ents/Month
.66!Month
Total ClientslY ear
8/Yr
D.
Perfonnance Monitoring
The Grantee will monitor the performance of the Sub-Recipient against goals and
performance standards required herein. Substandard perfonnance 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, 2004 and end on December
31, 2004. 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.
PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee
under this contract shall not exceed $3,000.00. Payments may be contingent upon
certification of the Sub-Recipient's financial management system in accordance with
the standards specified in OMB Circular A-II 0 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 wiH not process any
invoices received until the Sub-Recipient submits a monthly, quarterly or seasonal
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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 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 addÜion,
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 fOlih 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 shan 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 Monthly Report to the Grantee in the form, content,
and frequency as required by the Grantee. 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.
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VI.
B.
Final Report
A final report shaH accompany the Sub-Recipient's final billing. This report will
highlight the accomplishments of the program for the fiscal year, from January 1, 2004
to December 31, 2004, 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, 2005.
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 HOD. 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
100 S. Emerson Street
Mount Prospect, IL 60056
(847) 818-5328
Fax: (847) 818-5329
Ms. Suzanne Skala
Executive Director
Resource Center for the Elderly
1801 W. Central Road
Arlíngton Heights, IL 60005
(847) 577-7070
Fax: (847) 577-7073
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-
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Recipient further agrees to utilize funds available under this Agreement to supplement
rater than supplant funds otherwise available.
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 perfonn 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 perfOlmed under this Agreement. The Grantee shaH 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
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VII.
The Gnmtee 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 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 confonn 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 Tennination
Either party may tenninate this contract at any time by giving written notice to the
other party of such tennination and specifying the effective date thereof at least 30
days before the effective date of such termination. Partial tenninations 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 tennination.
The Grantee may also suspend or tenninate this Agreement, in whole or in part, if the
Sub-Recipient materially fails to comply with any tenn 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.
ADMINISTRATIVE REQUIREMENTS
A.
Financial Management
1.
Accounting Standards
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The Sub-Recipient agrees to comply with Attachment F of OMB Circular I-
110 and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
2.
Cost Principles
The Sub-Recipient shall administer its program in confonnance 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-I22 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
ofthe National Objectives of the CDBG program;
c. Records required to detennine 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-lID; 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
infonnation 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 Co
2.
Retention
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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 shaH be retained for five (5) years after
final disposition of such property. Notwithstanding the above, if there are
claims, 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 of the three-year period, whichever
occurs later.
3.
Client Data
The Sub-Recipient shaH maintain client data demonstrating client eligibility for
services provided. Such data shall include, but not be limited to, chent name,
address, income level or other basis for detenl1ining 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 CPR 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.
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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 nonnal business
hours, as often as the 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 aU
laws, regulations and orders, including those cited in this contract which
regulate operation of the CDBG-funded programs, or which might otherwise
affect the perfonnance of this Agreement. This Agreement include program
income requirements (See Section V, C, I: Program Income.) set forth in
section 24 CPR 570.504 (c) but is not applicable to the Sub-Recipient and
unifonn administrative requirements described in section 24 CPR 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 tennination of this
contract.
2.
OMB Standards
The Sub-Recipient shaH procure all materials, property, or services in
accordance with the requirements of Attachment 0 of OMB Circular A-II 0,
Procurement Standards, and shall subsequently follow Attachment N, Property
9
VIII.
Management Standards as modified by 24 CPR 570.502(b)(6), coveTIng
utiljzation 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.
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 I 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
affinnative action shall include, but not be limited to the following:
employment, upgrading demotion or transfer, termination, compensation, and
selection for training induding 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 tonus are cun-ent 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.
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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.
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 h1terest
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
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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 Fonn-LLL, "Disclosure Fonn to Report Lobbying," in
accordance with its instructions;
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
re1iance 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 570.200(j).
SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of this Agreement
shall not be affected thereby, and all other parts f this Agreement shall nevertheless be
in full force and effect.
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VILLAGE OF MOUNT PROSPECT
CDBG PROGRAM
2004 HUD INCOME LIMITS
HUD'S 2004 LOW-I1VCOME LIMITS
# in Household
1
2
3
4
5
6
7
8
Gross Income
$40,250
$46,000
$51,750
$57,500
$62,100
$66,700
$71,300
$75,900
BUD'S 2004 INCO¡WE CLASSIFICA TIONS
Number of People in Household
1 2 3 4 5 6 7 8
Extremely $0 $0 $0 $0 $0 $0 $0 $0
to to to to to to to to
Low-Income* $15,850 $18,100 $20,350 $22,600 $24,450 $26,250 $28,050 $29,850
$15,851 $18,101 $20,351 $22,601 $24,451 $26,251 $28,051 $29,851
Low-Income"'""'" to to to to to to to to
$26,400 $30,150 $33,950 $37,700 $40,700 $43,750 $46,750 $49,750
Moderate- $26,401 $30,151 $33,951 $37,701 $40,701 $43,751 $46,751 $49,751
to to to to to to to to
Income*** $40,250 $46,000 $51,750 $57,500 $62,100 $66,700 $71,300 $75,900
The 2004 Median Income for the area is $69,600.
* Extremely Low-Income is an applicant whose household income is 0% to 30% of the Median Income.
** Low-Income is an applicant whose household income is 31 % to 50% ofthe Median Income.
*** Moderate-Income is an applicant whose household income is 51% to 80% of the Median Income.