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HomeMy WebLinkAboutRes 36-84 07/03/1984 ~ RESOLUTION NO. 36 84 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND NORTHWEST COMMUNITY SERVICES, 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 Northwest Community Services, Inc. shall provide transportation services I for handicapped and elderly res idents wi thin the corporate I boundaries of the Village of Mount Prospect. I NOW, THEREFORE, BE IT RESOLVED BY ¡HE MAYOR. AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Village President of the Village of Mount Prospect and the Village Clerk are hereby authorized to execute a contract for Community Development Block Grant Implementation, which contract is between the Village of Mount Prospect and Northwest Community Services, Inc., a not-for- profit corporation, said contract is attached to this Resolution. SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: FARLEY, FLOROS, VAN GEEM, WATTENBERG NONE ABSENT: ARTHUR, MURAUSKIS PASSED AND APPROVED this -1r..Q. day of July , 1984. /7+ uk. LtZ . . /'1 ~ -- Mayor ATTEST: ~~e~¿~ AGREEMENT This Agreement is entered into this ..iJd:1 day of Ju Iv 1984, by and between the Village of Mount Prospect, a bodý politic of the State of Illinois (hereinafter referred to as the "VILLAGE" and Northwest Community Services, Inc., a not-for- profit corporation of the State of Illinois (hereinafter referred to as "NCS"). 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 Developm~nt (hereinafter referred to as HUD) , the VILLAGE elects to contract for services with NCS for opera- tion of Transportation Services for the Handicapped and Elderly 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 NCS up to a maximum of $2,000.00 and the NCS 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, to the actual amount invoiced by NCS, and only to the extent such amount is received from HUD for such purposes. SECTION III Conditions of Contract A. Indemnification. NCS 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 action, 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 NCS, or those acting under it, to conform to the statutes, ordinances or other regulations or requirements of any governmental authority, in connection with NCS's performance under this Agreement. NCS - 1 - 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, NCS agrees that the VILLAGE may employ attorneys of its own selection to appear and defend the claim or action on behalf of the VILLAGE at the expense of NCS. The VILLAGE, at its option, shall have the sole authority for the direction of the defense, and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against the VILLAGE. B. Non-discrimination. NCS, 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, recruitment or recruitment advertising, layoff or termination rates of pay, other forms of compensation, selection for training, including apprenticeship. NCS 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 NCS's internal personnel practices and its actions in the performance of this Agreement. NCS agrees and authorizes the VILLAGE and HUD to conduct compliance reviews or any other procedures to assure compliance with these provisions. C. Examination of Records. NCS 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. D. Filing of Records. NCS 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, Retulations and Orders. The VILLAGE shall, upon the request 0 NCS, 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. SECTION IV Compliance With Laws NCS shall, at all times, observe and comply with all laws, - 2 - ordinances or regulations of the Federal, State, County and local government which may in any manner affect the performance of this Agreement, and NCS 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. 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 RUD. NCS 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 NCS on the following basis: 1. The VILLAGE shall allocate the $2,000.00 contract amount for the services stipulated in this Agreement. NCS shall submit monthly invoices to the VILLAGE within ten (10) days of the end of each month. The VILLAGE shall reimburse NCS for expenses incurred under this Agreement, in accordance with invoices submitted, up to the maximum of $2,000.00 subject to performance by NCS of all requirements under this Agreement. 2. All costs billed to the Village shall be computed on the basis of: a. $12.00 per hour of van use for services provided to clients under this Agreement; and b. $0.50 per mile of van use. 3. NCS shall provide to the VILLAGE on a monthly basis, a written assessment of services provided, due within ten (10) days after the end of the month. The assessment shall include information on: a. Number of hours of operation of transit vehicle Number of miles of operation of transit vehicle Total number of clients Total number of one-way trips b. c. d. - 3 - 4. NCS shall provide to the VILLAGE, upon the conclusion of its performance under this Agreement, a comprehensive performance report. NCS shall certify that no work was performed under third party contracts. SECTION VII Length of Contract This Agreement shall be valid from July 15, 1984 thru April 30, 1985 and may be terminated by either party upon thirty (30) days written notice. All costs associated with the com- pleted tasks shall be billed to the Village and reimbursed upon presentation of all documentation required under Section VI. SECTION VIII Assignment NCS shall not assign this Agreement or any part thereof and NCS 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 ~herein which shall be due to NCS 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 prepaid, to the respective parties as follows: to the VILLAGE: Mr. Kenneth Fritz, Director of Community Development Village of Mount Prospect 100 South Emerson Street Mount Prospect, Illinois 60056 - 4 - to the NCS: Mr. Robert Munoz, Executive Director Northwest Community Services, Inc. 410 East Northwest Highway Mount Prospect, Illinois 60056 This Agreement is entered into this JJ/,/ ,19~~. /1. i-I, day of THE VILLAGE OF MOUNT PROSPECT -. BY:~~ Htr.w~ President t e i age BOard .2ST: . ... ' ~~~ NORTHWEST COMMUNITY SERVICES, INC., an Illinois not-for- profit corporation ATTEST: BY~~ ~ ---- Presi ent of e .Boar c..--- ~I'l /-1<: ;5 P f)4-1J () /)~ PJ/Û ð.fl/L. ~ ." _c- ~~-'~ ~(~ ... . Notary Pu ic 1ft COMMISSION EXPIIfs.. u, -- - 5 - .. .. EXHIBIT A Scope ot~ervic~ The Village is interested in providing transportation services to Village of Mount Prospect residents who are handicapped and/or elderly. This Agreement shall provide for the Paratransit Resource Center of the North- west Community Services. "Inc. to provide transportation services to qualified Mount Prospect clients. Transporation services shall only be for meeting medical, employment and/or shopping transportation needs and shall be limited to elderly and/or handicapped Mount Prospect residents who are not capable of alternative transportation methods. ,.... ( '., ,<.. ! ( :. . i , l' I ' , I; 11.