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HomeMy WebLinkAboutRes 04-02 02/19/2002 RESOLUTION NO. 4-02 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BET~VEEN THE VILLAGE OF MOUNT PROSPECT AND CLuB REC PLEX 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 Club Kec Plex shall provide a Friday evening youth program 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 Club Rec Plex and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting Iow/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 Club Rec Plex, 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 forge and effect from and after its passage and approval in the manner provided by the law. AYES: Hoefert, Lohrstorfer, Skowron, Zadel NAYS: None ABSENT: Farley, Corcoran, Wilks PASSED and APPROVED this 19th day of February 2002. ATTEST: Velma L~owe~~ Village Clerk AGREEMENT This Agreement is entered into this day of 2002, by and between the Village of Mount Prospect, a body public of the State of Illinois (hereinafter referred to as the "VILLAGE" and Club Rec Plex, Inc., (hereinafter referred to as the "COMPANY") a not-for-profit company. SECTION I Statement 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 HUD), the VILLAGE elects to contract for services with the COMPANY for operation of a program to facilitate services to low- and moderate-income Mount Prospect children, 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 COMPANY up to a maximum of $3,000.00 and the COMPANY 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 BI next. The VILLAGE's contractual obligation as identified in Section I shall be limited to the maximum mount specified in Section II, to the actual amount invoiced bythe COMPANY, and only to the extent such amount is received from HUD for such purposes. SECTION III Conditions of Contract A. Indemnification. The COMPANY agrees to indenmify and save and hold harmless the VILLAGE and each and everyone of it's 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 COMPANY, or those acting under it, to conform to the statues, ordinances or other regulations or requirements of any governmental authority, in connection with the COMPANY's performance under this Agreement. The COMPANY agrees to defend against any claims brought or actions filed against the VILLAGE 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 VILLAGE agrees that the COMPANY may employ attorneys of it's own selection to appear and defend the claim or action on behalf of the VILLAGE, subject to reasonable approval by the VILLAGE, at the expense of the COMPANY. The COMPANY, at its' option, shall have the sole authority for the direction of the defense. B. Non-discrimination. The COMPANY, 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, compensation, selection for training including apprenticeship. The COMPANY 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 COMPANY's internal personnel practices and it's actions in the performance of tkis Agreement. The COMPANY hereby certifies that 1-9 forms are current and employment verification has been completed regarding all employees. The COMPANY agrees and authorizes the VILLAGE and HUD to conduct compliance reviews or any other procedures to assure compliance xvith these provisions, subject to applicable laws and regulations concerning privacy with reasonable notice to the COMPANY. C~ Examination of Records. The COMPANY 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 COMPANY may establish program income criteria below that noted in Exhibit C. D. Filing of Records. The COMPANY 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 COMPANY, 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. This agreement includes program income requirements set forth in section 24 CFR 570.504 (c), but is not applicable to the COMPANY and uniform administrative requirements described in section 24 CFR 570.502. SECTION IV Compliance with Laws The COMPANY, 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 COMPANY 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 materially fails to comply with a~7 Subsequent to the execution necessary documents with HUD and -: ~: to facilitate acquisition of funds approv y law it g i st th VILLAGE except that this Section shall not VILLAGE or any of it's officers or Pursuant to this Agreemem, t , ~ ..... :,,::,,, x,~': :~A; ..¢ .~:~,.t ,~-,-: the following basis: The VILLAGE stipulated in this A~r(zc:: :. Each mvm ewfllbe ~, th COMPANY hall activities of that mon~.~:[. period. highlight the summarized number of Mount Pros~:cc~ "B" herein attache~ an Application F application for satisfaction of the being below or above c~ ', application to the Ag te~s of this tee ~ ~ CO~ from All exhibits, reports and invoices must be completed and sent to the Village of Mount Prospect no later than January 10, 2003. SECTION VII Length of Contract This Agreement shall be valid from January 1, 2002 through December 31, 2002 and may be terminated by either party upon thirty- (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. SECTION VIII Assignments The COMPANY shall not assign the Agreement or any part thereof and the COMPANY 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 part, or any interest therein shall be due to the COMPANY shall be deemed of no fome or effect and shall not be bind'mg upon the VILLAGE. ECTION 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 VILLAGE Mr. William J. Cooney, Jr. Director of Community Development Village of Mount Prospect 100 South Emerson Street Mount Prospect, Illinois 60056 to the COMPANY Ms. Sharon Anderson Program Manager Club Rec Plex 420 Dempster Street Mount Prospect, Illinois 60056 ATTEST: THE VILLAGE OF MOUNT PROSPECT BY: ~f/~ f President of~he V~lage Board CLUB REC PLEX ATTEST: BY: Program Manager Notary Public