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HomeMy WebLinkAboutRes 05-02 02/19/2002 ESOLUTION NO. 5-02 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND HOPE NOW 1NC. 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 Hope Now Inc. shall referral, counseling, and resource services for the homeless and near homeless population of Mount Prospect. WHEREAS, the project proposed by Hope Now Inc. 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 Hope Now Inc., 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: NAYS: ABSENT: Hoefert, Lohrstorfer, Skowron, Zadel None Farley, Corcoran, Wilks PASSED and APPROVED this 19th day of February 2002 ATTEST: 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 HOPE NOW, Inc. (hereinafter referred to as the "CORPORATION") a not-for- profit Corporation. 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 CORPORATION for development ora day center to assist near homeless and homeless low/moderate-income residents of the Village of Mount Prospect as outline 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 CORPORATION up to a maximum of $2,500 to assist the homeless and near homeless with needed services in a compassionate and supportive manner specifically $2,500 for referral, counseling, and resources for the homeless and near homeless population of Mount Prospect, IL. The CORPORATION 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 1II next. The VILLAGE's contractual obligation as identified in Section I shall be limited to the maximum amount specified in Section 11, to the actual amount invoiced by the CORPORATION, and only to the extent such amount is received fi.om HUD for such purposes. - SECTION III Conditions of Contract A. Indemnification. The CORPORATION agrees to indemnify and save and hold hanuless the VILLAGE and each and everyone of it's officers, agents, employees, servants, attorneys, insurers and successors fxom 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 -I- 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 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 CORPORATION 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 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, 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 CORPORATION 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 CORPORATION's internal personnel practices and it's actions in the performance of this Agreement. The CORPORATION hereby certifies that 1-9 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. Examination of Records. 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 0fhousehold income and information on race or national origin. Eligible households for this program must have incomes below those noted in Exhibit C. D. Filing of Records. The CORPORATION 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 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. This agreement includes program income requirements set forth in section 24 CFR 570.504 (c), but is not applicable to the CORPORATION and uniform administrative requirements described in section 24 CFR 570.502. -2- SECTION IV Compliance with Laws The CORPOKATION, shall obtain building permits from the Village of Mount Prospect if necessary 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. Suspension or termination shall occur if the CORPORATION materially fails to comply with any term of the award in accordance with 24 CFR 85.44. 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 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 from the negligent acts of the VILLAGE or any of it's officers or employees. SECTION VI Billing and Reporting Arrangements Pursuant to this Agreement, the VILLAGE will disburse CDBG funds to the CORPORATION on the following basis: The VILLAGE shall allocate the $2,500.00 contract amount for the services stipulated in this Agreement. The CORPORATION shall submit invoices for work completed, inspected and approved by Village Inspectors. A final report shall accompany the CORPORATION's final billing and report no later than January 10, 2003. This report will summarize the benefits of the project, financial summary of the project from January 1, 2002 to December 31, 2002. -3- 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 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 xvritten 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 CORPORATION shall be deemed of no force or effect and shall not be binding upon the VILLAGE. SECTION 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 CORPORATION Mr. Geoffrey L. Gephart Director of Development . HOVE NOW.~f~c.. ,Jc~v~ f t~ 31 E. G/ol~Terrace l/Cd Arli~on Heights, IL 60005 ATTEST: ATTEST: Notar~ ~ ~-~ .... HYLLIS H E~NLY Notary Public, State of Illinois MyComm~,ssio~ Exfflres 06~09~05 THE VILLAGE OF MOUNT PROSPECT BY: ~.~ sde t ~o~.?~age Board HOPE NOW Inc -5-