HomeMy WebLinkAboutRes 14-03 03/18/2003 w
3/03
RESOLUTION NO. 14-03
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT B]~EN THE
VILLAGE OF MOUNT PROSPECT AND CLAYGROUND CREAT~ ¢'i~NTER. INC.
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 Clayground, Inc. shall provide a teaching ceramics/art program for the residents of the Boxwood
Area located within the corporate limits of the Village of Mount Prospect; and
WHEREAS, the program proposed by the Clayground Creative Center, 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 Clayground Creative Center, 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:
Hoefert, Lohrstorfer, Skowron, Wilks, Zadel
NAYS: None
ABSENT: Corcoran
PASSED and APPROVED this 18~ day of March 2003.
ATTEST:
Kimberly Dewi~/,, Deputy Village Clerk
AGREEMENT
This Agreement is entered into this day of 2003,byandbetweenthe
Village of Mount Prospect, a body public of the State of Illinois (hereinafter referred to as the
"VILLAGE" and Clayground Creative Center, Ihereinafter 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 ora program
to facilitate services to low- and moderate-income Mount Prospect children, many from the
Boxwood neighborhood, 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
$6,000.00 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 III 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 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 indemnify and save and hold harmless the
VILLAGE 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 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, m
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 its 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 its actions in the
performance of this Agreement. The COMPANY hereby certifies that I-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 with these provisions, subject to applicable laws and regulations conceming 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 acts. Suspension or termination shall occur if the COMPANY
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 COMPANY shall not file
any lawsuit against the VILLAGE 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
VILLAGE or any of its officers or employees.
SECTION VI
Billing and Reporting Arrangements
Pursuant to this Agreement, the VILLAGE will disburse CDBG funds to the COMPANY on
the following basis:
The VILLAGE shall allocate the $6,000.00 contract amount for the services
stipulated in this Agreement. The COMPANY shall submit one invoice every
quarter (3 months) for no more than one-fourth (1/4) of the contract amount. In
addition to the invoices, the COMPANY shall submit to the VILLAGE a monthly
status report covering the activities of that month. The following information should
also be included:
Attendance sign-in sheets from each meeting.
Number of trips taken and number of children on each for the reporting
period.
A final report shall accompany the COMPANY's final billing. This report will
highlight the accomplishments of the program for the fiscal year, from January 1,
2003 to December 31, 2003, 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 10, 2004.
The COMPANY shall also have completed by the parents or guardians of each child
an Application Form, using Exhibits "B" and "C". These forms may be part of the
child's application for participating in the program. Said application shall indicate to
the satisfaction of the Village, each participating child's household annual income as
being below or above current HUD Section 8 Limits as well as each child's racial and
ethnic background. 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, 2004.
SECTION VII
Length of Contract
This Agreement shall be valid from January 1, 2003 through December 31, 2003 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 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
Ms. Dianne M. Kovack
President
Clayground Creative Center
617 N. Main Street
Mount Prospect, 60056
ATTEST:
ATTEST:
THE V~GE OF MOUNT PRO. CT
~ "-Preside~ of the Vil~d
CLAYGROUND CREATIVE CENTER
President
H;\GEN'~PLANNING\CDBG~2003\2003 Sab-R¢cipients\Claygroundk2003 Contract,doc 5
Exhibit A
CLAYGROUND CREATIVE CENTER
STATEMENT OF PURPOSE - YEAR 2003
A) Working with the children of Boxwood and Judith Ann: Their sculptures and creations would help
build self-esteem and confidence. (Taking their work into competition twice a year so they can receive
ribbons and awards for their creations. Giving them an opportunity to exhibit their artwork in the
Clayground Creative Center gallery and other outside areas where they can be viewed and admired by
all).
B) Working with children from gang situations: I would like to be able to separate them from gangs and
violence and re-channel them into a creative environment. Here they can relieve their frustrations and
express themselves by sculpting and composing in clay. Evening Classes and workshops will help keep
them off the streets at night and into a healthy non-pressured learning environment~. Children learn to
develop social skills during our relaxed classes.
C) Working with LD children: I hope to be able to continue working with teachers from schools or
institutions in the studio atmosphere of the Clayground Creative Center, teaching children art where
they need not feel pressured to learn. This method helps children work hands on and increases their
attention span and social skills during projects.
D) Children with special needs: Children in wheelchairs or with emotional needs can find a healthy
outlet for their frustrations. These children need not feel different from any other child because their
creative abilities for expression unite all children.
E) Helping to develop motor skills: painting, sculpting and working on potters wheels helps children
develop better balance, almost all ceramic activities call for coordination and movement of both hands.
Children from the Boxwood, Maple Court and Judith Ann areas will be given the opportunity to become
our teacher volunteers who will help to mentor the younger or new children as they enter the programs.
Classes help to keep our teens off the streets, into a healthy creative environment, safe and away from
gang situations. Developing responsibility and pride not only in their artwork but through the opportunity
to fulfill an adult roll working with other children. Our teens take pride in their accomplishments and
abilities.
Multiple disabled children can find fulfillment through the potter's wheel, by having an attendant take
their hands and helping to create a bowl, by doing this they are able to produce a visual and tangible
achievement. The finished piece can become a life long keepsake for the families and be a loving
keepsake for the families of the terminally ill.
Not all children are talented in sports, the programs at Clayground Creative Center can help to eliminate
some of the frustration children feel who are not sports minded or lack the skills necessary to play
successfully. Children with low self-esteem can feel pride in their accomplishments.
Agency Name
Exhibit B
Population Benefiting From Activities Underway or Completed
Contact Person Date
Female
Lower-Income Male Female Youth Total
Head of Home
Minority Population Benefitin.q
Ethnic Categories
'. ': '"' '"' "": "',:' · '.:' '.,' Hispanic ' : ... :.,,'' :.," ".' '"'.' .... :." ',..'" .,.' ':" .' '"" .:. '" '.' '.'" ..'" ..' :":.: ..": :'.::: .' ~. '" · · .,, ', ...'"' · "~.
· '...:. :'. ::' .".:'. · ::=. =. :::. ::' ..:: '.=.""; ....~::. ,...:;::;: ':=: .... ::::'.:. :i: .=.: 'i". ':" "'.::' '..:. ='.? .:: .::: ' ::: :::"::' ':'.. ::" .' ~:Not Fiisl~anic:'or Latino ': '..:. = ::: ::.': :':=.' .....' ::' '.
· : ,,; ..... ',, · ,,, : ..... ,,, ::, ,' O1' L.a~IRO,' ::, '7,,;, "," ':: ,:' C,'. ,: ',',~,,:,, ;' ,' ,', ":; ,:! ?, ,,, '4 ,:, ',: ,:",,,' ,:,,,: :", ':,' :',' ,, 7 ,,' ,,', ,,",:', :, ',:' ;' ':,, ,," ',,, ":. ,,' ,:', ',, ',:' ,: ....
Male Female Total Male Female Total
Racial Categories
· · '., '., ...' .'::.':. ,:...'..: :.' ?.:Americarf Indiahr '.":,.'::','.:.. ':.: .,:...' ?..,':2.'.., :::..:.':' ::.' '...::.' ...: '." ..' .;' :... Native Hawaiian'Or ;: '..,';:. :. :.. '."::' ,.. ,: :: .'
:. i' :::..::: .'..:'.,? '::' '::. ,.:: ]:'"'!'~:r':i~i~E~,:~:::N:~i~.]!:' ?,: ,.:!:' ?'. ]:::i'..ii' .:::::?:?..ii:.' !':! ':ii." .::i:.:.~i.'.'ii'".i!!: '? .]?'.
Male Female Total Male Female Total
.. · .. "..'.::,....':'.'...,' · .':: .,'.::. · :::.:...'.::.' :. ::' ....:, i., .... ':. '., .i:: ,. '.. ':'. "::.': ..::: .::: : .:'.".: '.:',..::: :::::..i.: ',.:.: ",:.'.:.;African;-AmeriC'an':: 'v:..'" ::.:: :,:. ':..;. ' .':'.
Male Female Total Male Female Total
Male Female Total
Exhibit C
HUD 2003 Income Limits
# in Household
Gross Income
$39,550
$45,2OO
$50850
$56 500
$61 000
$65 550
$7O O5O
$74 600