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HomeMy WebLinkAboutRes 12-02 02/19/2002 ESOLUTION NO. 12-02 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE RESOURCE CENTER FOR THE ELDERLY FoR sE~OR S~D H0OS~O 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 shall 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 law2 AYES: Hoefert, Lohrstorfer, Skowron, Zadel NAYS: None ABSENT: Farley, Coreoran, Wilks PASSED and APPROVED this 19th day of February 2002. ATTEST: Velma Eowe, Village Clerk AGREEMENT This Agreement is. entered into this day of 2002, byandbetweenthe Village of Mount Prospect, a body public of the State of Illinois (hereinafter referred to as the "VILLAGE" and the Resource Center for the Elderly, (hereinafter referred to as the "AGENCY") a not-for-profit Community-based organization. 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 AGENCY for operation of a program to facilitate services to low- and moderate-income senior citizen 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 AGENCY up to a maximum of $2,000.00 and the AGENCY 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 III 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 amount invoiced by the AGENCY, and only to the extent such amount is received from HUD for such purposes. .SECTION III Conditions of Contract A. Indemnification. The AGENCY 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 AGENCY, or those acting under it, to conform to the -I- statues, ordinances or other regulations or requirements of any governmental authority, in connection with the AGENCY's performance under this Agreement. The AGENCY 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 clffnn brought or such an action filed, the VILLAGE agrees that the AGENCY may employ attorneys of it's own selection to appear and defend the claim or action on behalf of the VILLAGE, subj eot to reasonable approval by the VILLAGE, at the expense of the AGENCYi The AGENCY, at its option, shall have the sole authority for the direction of the defense. B. Non-discrimination. The AGENCY, 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 AGENCY 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 AGENCY!s internal personnel practices and it's actions in the performance of this Agreement. The AGENCY hereby certifies that 1~9 forms are current and employmem verification has been completed regarding all employees. The AGENCY agrees and authorizes the VILLAGE and HUD to conduct compliance reviews or any other procedures to assure compliance with these provisions, subject m applicable laws and regulations concerning privacy with reasonable notice to the AGENCY. C. Examination of Records. The AGENCY 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 Exhihit C. The AGENCY may establish program income criteria below that noted in Exhibit C. D. Filing of Records. The AGENCY shall file with the VILLAGE such duplicates of records coveting 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 AGENCY, provide it with copies o fall 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 requiremems set forth in section 24 CFR 570.504 (c), but is not applicable to the AGENCY and uniform administrative requirements described in section 24 CFR 570.502. -2- SECTION IV Compliance with Laws The AGENCY, 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 AGENCY 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 AGENCY 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 AGENCY 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 ~o the AGENCY on the following basis: The VILLAGE shall allocate the $2,000.00 contract amount for the services stipulated in this Agreement. The AGENCY shall submit no more than one invoice every three (3) months for an amount equal to one-quarter of the contract amount. Every month the AGENCY shall submit to the VILLAGE a Monthly Status Report covering the activities of the invoiced period. Said report shall include information on~ -3- Each Mount Prospect client whose home was used for shared housing during the month showing the client's AGENCY number, client's address, and starting date when shared housing was provided. The report may also include the number of Mount Prospect applications received and the number of Mount Prospect applicants approved for the program. A final report shall accompany the AGENCY's 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 by type for assistance, and include the completion of Exhibit B herein attached. This report shall be due 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 AGENCY shall not assign the Agreement or anypart thereof and the_ AGENCY 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 agrec-ment, either in whole or in part, or any interest therein shall be due to the AGENCY shall be deemed of no force or effect and shall not be binding upon the VILLAGE. -4- 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 AGENCY Suzanne Skala Executive Director Resource Center for the Elderly 1801 West Central Road Arlington Heights, illinois 60005 ATTEST: ATTEST: Notary Public 0¥- o&- oz- THE VILLAGE OF MOUNT PROSPECT RESOURCE CENTER FOR THE ELDERLY AGENCY / Ex~utive Dir3ct°r RESCTR~L.WI?D -5-