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HomeMy WebLinkAboutRes 06-02 02/19/2002 RESOLUTION NO. 6-02 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND CHILDREN'S ADVoCACy cENTER WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determifled by the Mayor and Board of Trustees of the Village of Mount Prospect that Children's Advocacy Center, shall provide immediate support and crisis intervention to child victims of abuse and their parents, for the residents of Mount Prospect located within the corporate limits of the Village of Mount Prospect; and WHEREAS, the program proposed by the Children's Advocacy Center and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low and moderate-income persons. NOW, THEREFORE, BE IT RESOLVE~ 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 Children's Advocacy Center, 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: NAY S: ABSENT: Hoefert, Lohrstorfer, Skowron, Zadel None Farley, Corcoran, Wilks PASSED and APPROVED this 19~ day of February 2002. ATTEST: Velma {,owe Village Clerk AGREEMENT This Agreement is entered into this _day of 2002, byandbetweentheVillage of Mount Prospect, a body public of the State of Illinois (hereinafter referred to as the "VILLAGE" and Children's Advocacy Center (hereinafter referred to as the "COMPANY") a not-fur-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 o fHousing 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/moderate-income Mount Prospect children 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 CENTER up to a maximum of $3,000.00 and the CENTER 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 II, to the actual mount invoiced by the CENTER, and only to the extent such mount is received from HUD for such purposes. SECTION III Conditions of Contract A. Indemnification. The CENTER agrees to indemnify 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 CENTER, or those acting under it, to conform to the statues, ordinances or other regulations or requirements of any governmental authority, in connection with the CENTER performance under this Agreement. The CENTER agrees to defend against any claims brought or actions filed against the VILLAGE with respect to the subjeet 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 CENTER 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 CENTER. The CENTER, at its' option, shall have the sole authority for the direction of the defense. B. Non-discrimination. The CENTER, 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 CENTER 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 CENTER internal personnel practices and it's actions in the performance of this Agreement. The CENTER hereby certifies that 1-9 forms are current and employment verification has been completed regarding all employees. The CENTER 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 CENTER. C. Examination of Records. The CENTER 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 CENTER may establish program income criteria below that noted in Exhibit C. D. Filing of Records. The CENTER 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 CENTER, 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 CENTER and uniform administrative requirements described in section 24 CFR 570.502. SECTION IV Compliance with Laws The CENTER, 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 o fthis Agreement, and the CENTER 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 CENTER 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 roles and regulations necessary to facilitate acquisition of funds approved for this program byHUD. The CENTER shallnot 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 CENTER on the following basis: The VILLAGE shall allocate the $3,000.00 contract amount for the services stipulated in this Agreement. The COMPANY shall submit one invoice for work performed under the first six (6) months of this contract and one invoice coveting the remaining six (6) months. Each invoice will be for one-half (½) of the contract amount. In addition to the invoices, the COMPANY shall submit to the VILLAGE a monthly status report coveting the activities of that month. The following information should also be included: a. Attendance sign-in sheets from each meeting. b. Number of trips taken and number of children on each for the reporting period. A final report shall accompany the CENTER final billing. This report will highlight the accomplishments of the program over the past twelve months, summarized for the fiscal year, from January 1, 2002 to December 31, 2002, 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 10, 2003. The CENTER shall also have completed by the parents or guardians of each child an Application Form, using Exhibit C. This form maybe part of the child's application for participating in the program. Said application shall indicate to the satisfaction o f the Village, each participating child's household annual income as being below or above current HUD Section 8 Limits. Failure to submit a completed application to the Village for each participating child's household will violate the terms of this Agreement and cancel any pending and future payments due the COUNCIL from the VILLAGE. 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 tb_irty- (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 CENTER shall not assign the Agreement or any part thereof and the CENTER 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 CENTER shall be deemed of no force or effect and shall not be binding 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 Mark Parr Executive Director Childrens Advocacy Center 640 Illinois Boulevard Hoffman Estates, Illinois 60194 ATTEST: ATTEST:. RUTH 61, PARK ~ NOTARY PU~BLtC STATE OF ILLiNOiS ~, % ~~Public THE VILLAGE OF MOUNT PROSPECT BY: President~'~ CHILDRENS ADVOCACY CENTER