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Home My WebLink About5. New Business 11/18/2014 RESOLUTION NO. A RESOLUTION AUTHORIZING THE MOUNT PROSPECT VILLAGE BOARD TO PLACE THE CITIZEN CORPS COMMISSION ON IN-ACTIVE STATUS BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The Citizens Corps Commission of the Village of Mount Prospect was established to promote and enhance homeland security by providing a means of communication and coordination among the various Citizen Corps programs throughout the Village of Mount Prospect; Ordinance NO. 5711 adopted October 7, 2008. SECTION TWO : As provided in Article II, Section 206.G of Chapter 5 of the Village Code, the Village Board, may place any non-statutory board on inactive status by resolution and upon ninety (90) days written notice to the commission chair. SECTION THREE: It has been determined that the purpose of the Citizens Corps Commission as provided in Article XVIII, Citizens Corps Commission of Chapter 5, has been successfully completed, and therefore, shall be placed on in-active status. SECTION FOUR: This Resolution shall be in full force and effect upon its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: ABSTAIN: PASSED and APPROVED this day of November 2014 . _____________________________________ Arlene A. Juracek Mayor ATTEST: ________________________________ M. Lisa Angell Village Clerk Sterling Codifiers, Inc. Article II GENERAL REQUIREMENTS 5.200: APPLICABILITY: The general requirements of this article apply to all boards and commissions established under this chapter, other than the library board of trustees, and apply only to the extent that this code or state law does not provide otherwise. Commission for purposes of this article shall include committees and subcommittees of any board or commission to the extent applicable. (Ord. 6149, 8-5-2014) 5.201: APPOINTMENT: A. Training: No later than thirty (30) days after the appointment of any board or commission member, the appointee must have completed the training required by the Illinois open meetings act, 5 Illinois Compiled Statutes 120/1.05. B. Dual Appointment: Other than the board of fire and police commissioners, finance commission, audit commission and planning and zoning commission, two (2) persons may be appointed to hold and share a single membership on a board or commission, provided each must otherwise be qualified to serve as a member. Only a single vote may be cast even when both are present at a meeting. C. Appointment: 1. The mayor shall appoint, with the consent of the board of trustees, each member of a board or commission. All vacancies shall be filled for a term determined by the mayor; either unexpired or new term. 2. No appointment or reappointment to any board or commission shall be made by the mayor within thirty (30) days of the expiration of the mayor's term of office. D. Terms: http://www.sterlingcodifiers.com/codebook/printnow.php 11/14/2014 If recommended by the mayor and confirmed by a majority of the board of trustees, a member of a board or commission may serve an unlimited number of successive terms. 2. The term of a member of a board or commission shall not terminate or expire until a successor shall have been appointed and qualified. E. Eligibility: A member of a board or commission shall be a resident of the village, except as otherwise specifically provided in this chapter. (Ord. 6149, 8-5-2014) 5.202: CHAIRPERSON, VICE CHAIRPERSON: The chairperson of each village board or commission shall be appointed by the mayor with the consent of the board of trustees. The vice chairperson and secretary, if any, shall be appointed by the respective board or commission. In the absence of the chairperson, the vice chairperson or, in the absence of the vice chairperson, a temporary chairperson elected by the board or commission, shall act as chairperson and shall have all the powers of the chairperson. (Ord. 6149, 8-5-2014) 5.203: ORGANIZATION AND RULES: Each village board or commission shall generally follow "Robert's Rules Of Order", the open meetings act and the dictates of this code. (Ord. 6149, 8-5-2014) 5.204: REMOVAL FROM OFFICE: Unless otherwise prescribed by statute or this code, any board or commission member may be removed by the mayor for failure to attend meetings, inattention to duties or any other cause. The mayor must report the reason for the removal to the board of trustees at a meeting to be held not less than five (5) days nor more than ten (10) days after the removal. If the mayor fails or refuses to report to the board of trustees the reasons for the removal, or if the board of trustees by a two-thirds (2/3) vote of all the members of the board of trustees disapprove of the removal, the member of the board or commission shall be restored to membership on the board or commission in question. (Ord. 6149, 8-5-2014) http://www.sterlingcodifiers.com/codebook/printnow.php 11/14/2014 Sterling Codifiers, Inc. 5.205: COMPENSATION: U • a A member shall serve without compensation unless provided otherwise by the mayor and board of trustees. Authorized expenses shall be reimbursed in accordance with applicable village regulations. (Ord. 6149, 8-5-2014) 5.206: MEETINGS: A. All meetings (and hearings) of the boards and commissions shall be public meetings held in accordance with the Illinois open meetings act. B. A quorum shall be a majority of the members of a board or commission. A quorum shall be a majority of the duly appointed and serving members of any board or commission, such that a vacancy in a position of commissioner shall not be counted in determining a quorum. C. No business of a board or commission shall be conducted without a quorum. If less than a quorum is present, the meeting may be adjourned as provided in the Illinois open meetings act. D. A written agenda shall be posted pursuant to the Illinois open meetings act, and shall set forth the order of business substantially as follows: 1. Call to order. 2. Roll call. 3. Approval of minutes of the preceding regular meeting and special meetings, if any. 4. Chairperson's report. 5. Communications and petitions - citizens to be heard. 6. Old business. 7. New business. 8. Any other business (including items for information only). http://www.sterlingeodifiers.com/codebook/printnow.php 11/14/2014 Sterling Codifiers, Inc. Page 4 of 5 9. Announcement of the next meeting date. 10. Adjournment. The order of the items on the agenda may be modified or rearranged, and additional items may be discussed, by the chairperson with consent of the respective board or commission. In the case of a special meeting, no items may be discussed that are not on the posted agenda. E. Written minutes and records of hearings shall be kept of all meetings and hearings, and those minutes and records shall be available for examination in the office of the village clerk during regular business hours in accordance with the Illinois open meetings act. F. The chairperson may call for special meetings as needed. G. The village board, by resolution and upon ninety (90) days' written notice to the respective chair, may place any nonstatutory board or commission on inactive status. Inactive status shall mean that the board or commission shall neither meet nor undertake any action of any kind or nature. Any board or commission which has been on inactive status for more than thirty six (36) months shall lapse by operation of law and may not be reactivated except by ordinance. (Ord. 6149, 8-5-2014) 5.207: CITIZENS TO BE HEARD; PARTICIPATION GUIDELINES AT PUBLIC MEETINGS: In accordance with the requirements of section 2.06(g) of the Illinois open meetings act, 5 Illinois Compiled Statutes 120/2.06(g), any person attending a public meeting of any board or commission shall be permitted to address the public officials on any subject germane to that board, committee, subcommittee or commission during the public comment period. A. Each person shall state his or her name and address at the start of his or her public comment. B. Each person may provide pre -prepared copies of his or her public comments prior to, during or after the public comment session. http://www.sterlingcodifiers.com/codebook/printnow.php 11/14/2014 C. Public comment related to an agenda item may be reserved for discussion on the specific item. D. Abusive, foul or other inappropriate language or conduct and/or personal attacks are not permitted. E. The village president or chair has the authority to terminate the public comments of any person who fails to adhere to these guidelines. A person may appear in person or may be represented by duly authorized agents or attorneys. (Ord. 6149, 8-5-2014) http://www.sterlingcodifiers.com/codebook/printnow.php 11/14/2014 Sterling Codifiers, Inc. Page 1 of 2 Article XVIII CITIZEN CORPS COMMISSION 5.1800: CREATION AND PURPOSE: There is hereby established a citizen corps commission of the village of Mount Prospect to promote and enhance homeland security by providing a means of communication and coordination among the various citizen corps programs throughout the village of Mount Prospect. (Ord. 6149, 8-5-2014) 5.1801: GENERAL REQUIREMENTS: The general requirements set forth in article II of this chapter apply to the commission to the extent not specifically otherwise provided herein. (Ord. 6149, 8-5-2014) 5.1802: MEMBERSHIP: A. The commission shall consist of eight (8) commission members. All members shall reside or work in the village. B. The membership of this commission shall be constituted as follows: 1. One member shall serve from the first responder community: emergency management, police, fire, EMS; 2. One member shall be an elected official; 3. One member shall be from the volunteer, community service or faith and community based organizations; 4. One member shall serve from an educational institution; 5. One member shall serve from a medical facility: hospital, long term care, health department physician; 6. One member shall serve from the business and industry community; http://www.sterlingcodifiers.com/codebook/printnow.php 11/14/2014 Sterling Codifiers, Inc. 7. One member shall serve from an established neighborhood association; 8. One member shall serve from an established not for profit organization. C. The term of office for the members shall be for a period of four (4) years. Terms may be adjusted by the corporate authorities to assure that no more than two (2) terms end in any particular year. (Ord. 6149, 8-5-2014) 5.1803: ORGANIZATION: A. A vice chairperson and a secretary shall serve for terms of one year, and may be elected to the same positions for subsequent terms. (Ord. 6149, 8-5-2014) 5.1804: DUTIES AND RESPONSIBILITIES: The commission will perform and exercise the following functions: A. Cooperate with the mayor and board of trustees in carrying out a program of emergency response in the village. B. Recommend such actions to the board of trustees as it may deem appropriate to serve the cause of emergency response. (Ord. 6149, 8-5-2014) 5.1805: MEETINGS: The commission shall meet twice each year at a minimum. The meeting schedule will be determined by the commission. (Ord. 6149, 8-5-2014) http://www.sterlingcodifiers.com/codebook/printnow,php 11/14/2014 Mount I'rctit_t�;•t Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM //-/F-/� TO MAYOR AND VILLAGE BOARD OF TRUSTEES V /4 FROM: ASSISTANT VILLAGE MANAGER DATE: NOVEMBER 13, 2014 SUBJECT: RENEWAL OF INTERGOVERNMENTAL AGREEMENT - O'HARE NOISE COMPATIBILITY COMMISSION Attached for your approval consideration is an intergovernmental agreement that reflects the addition of the membership of several City of Chicago municipal ward representatives. The typical agreement is for a period of 5 years and will be up for renewal consideration by the end of December 31, 2015. The Village has never been eligible for sound proofing and will not be eligible for sound proofing funds since the noise contours do not extend into the community at a 65 DNL (decibel day night average). The Village has provided representatives to the Commission since the mid- 1990s. Staff recommends Village Board approval for the attached revised intergovernmental agreement that will be in effect until December 31, 2015. DAVID STRAHL c: Village Manager Michael E. Janonis H:\VILM\NOISE\OHare\IGA VB Approval Memoo.docx (:O'HARE NOISE .00/ COMMISSION Arlene J. Mulder Chairman Dr. Raymond J. Kuper Vice Chairman Chairman School Committee Rosemarie S. Andolino Commissioner Chicago Department of Aviation Judith Dunne Bernardi Treasurer Joseph J. Annunzio Chairman Technical Committee Frank A. Damato Chairman Residential Committee Jeanette Camacho Executive Director Members: Arlington Heights Bartlett Bellwood Bensenville Bloomingdale Chicago Chicago Wards 36, 38, 39, 40, 41, 45 Cook County Des Plaines Downers Grove Elmwood Park Franklin Park Harwood Heights Hoffman Estates Itasca Maywood Melrose Park Morton Grove Mount Prospect Niles Nonidge Northlake Oak Park Palatine Park Ridge River Forest River Grove Rolling Meadows Rosemont Schaumburg Schiller Park Stone Park Wood Dale School Districts: 59, 63, 64, 80, 81, 84, 84 5, 85.S, 86, 87, 88, 89, 214, 234, 299, 401 Memorandum TOS O'Hare Noise Compatibility Commission Members/Alternates/Interested Parties FROM: Jeanette Camacho ONCC Executive Director RE Renewal of O'Hare Noise Compatibility Commission (ONCC) Intergovernmental Agreement DATE: October 14, 2014 As announced at the October 3, 2014 O'Hare Noise Compatibility Commission (ONCC) meeting, the Chicago City Council approved a revised Intergovernmental Agreementwhich now allows for participation by six ward representatives. Each ONCC member is being asked to approve the revised Intergovernmental Agreement. Included in this mailing are copies of the following documents: ONCC Intergovernmental Agreement as approved by the Chicago City Council Sample Resolution Authorizing Execution of IGA Sample Response Letter Transmitting Resolution and Executed ONCC Intergovernmental Agreement You are welcome to modify or tailor the Sample Resolution and Response Letter to your individual needs. The IGA has been reviewed by the ONCC Executive Board and ONCC Members and approved by the Chicago City Council. As a result, no further edits are being considered at this time. If you identify a clause that poses a specific problem, please contact ONCC Chairperson Ms. Arlene J. Mulder or myself to discuss. We respectfully request your timely consideration of the Intergovernmental Agreement. Each member is asked to consider this matter at Village Board/City Council/School Board meetings no later than December 1, 2014. Please return signed originals upon approval and I will coordinate attaining signatures from the City of Chicago. The City of Chicago has requested 2 originals for their use. Please submit one or more additional signed IGA's that will be returned to you. If you would like electronic copies, please email me at jcamacho@ohare.com. If you have any questions regarding the information contained in the enclosed documents, please feel free to contact me. T,ftank you- #lclosures P.0. Box 1 126 • Des Plaines, IL 60017-1126 773,686-3198 • Fax: 773-462-1565 • www.oharenoise.org INTERGOVERNMENTAL AGREEMENT RELATING TO THE O'HARE NOISE COMPATIBILITY COMMISSION This agreement is entered into by the City of Chicago, a municipality and home rule unit of government under the Illinois Constitution of 1970, by and through the Chicago Department of Aviation, and the undersigned Participants, organized under the laws of the State of Illinois. In consideration of the mutual agreements contained in this Agreement, the City of Chicago and each Participant agree as follows: Section 1. Establishment of O'Hare Commission; Purposes. The O'Hare Noise Compatibility Commission is hereby established pursuant to Section 10 of Article VII of the Illinois Constitution of 1970 and the Intergovernmental Cooperation Act. The purposes of the Commission are to: (a) determine certain Noise Compatibility Projects and Noise Compatibility Programs to be implemented in the O'Hare Commission Area, (b) oversee an effective and impartial noise monitoring system, and (c) advise the City concerning O'Hare - related noise issues. Section 2. Composition and Organization. A. The O'Hare Commission shall consist of the (i) mayor, village president or chief executive officer or other designee of each of the cities and villages in the O'Hare Commission Area, (ii) the president, superintendent or other designee of each public school district serving any portion of the O'Hare Commission Area; (iii) one member appointed by the President of the Cook County Board representing the unincorporated areas of Leyden, Maine, Niles and Norwood Park Townships in Cook County, (iv) one member appointed by the Chairman of the DuPage County Board representing the unincorporated areas of Addison Township in DuPage County, and (v) six members appointed by the Mayor of the City of Chicago to represent Wards 36, 38, 39, 40, 41 and 45 of the City of Chicago ("Chicago Ward Participants"), provided that no such person shall be eligible to participate as a member of the O'Hare Commission unless the city, village, public school district, or county represented by such person has approved and executed a counterpart of this Agreement by December 31, 2010 or pursuant to section 5.G, except that the Chicago Ward Participants shall be eligible to participate as individual member Participants of the O'Hare Commission upon approval and execution of this Agreement by the City. B The O'Hare Commission Area (as defined in Appendix B) includes communities and public school districts with an interest in O'Hare -related noise issues, and a principal purpose of this Agreement is to provide a forum for those communities and public school districts to work together with the City on a cooperative basis in addressing these issues. C. Representatives of the Archdiocese of Chicago, the Diocese of Joliet and other non-governmental elementary and secondary schools located in the O'Hare Commission Area may serve as special "Advisory Members" of the O'Hare Commission. Advisory Members may participate fully in the deliberations of the O'Hare Commission, but shall have no voting powers and shall not be parties to this Agreement. D. The O'Hare Commission shall elect annually from its members a Chair and a Vice Chair and any other officers that it deems necessary. The O'Hare Commission also shall appoint, retain and employ an executive director and such other staff, professional advisors and consultants as may be needed to carry out its powers and duties. The appointment of any staff and the selection of professional advisors and consultants must be approved by two-thirds of the members of the O'Hare Commission. E. Except as expressly set forth in this Agreement, the concurrence of a majority of the members of the O'Hare Commission shall be necessary for the approval of any action by the O'Hare Commission. A majority of the members of the O'Hare Commission shall constitute a quorum for the transaction of business. The O'Hare Commission may establish a schedule of regular meetings, and a special meeting may be called by the City or any two members of the O'Hare Commission upon at least seven days' written notice to the City, each Participant and each Advisory Member. Section 3. O'Hare Commission Powers and Duties. A. The O'Hare Commission shall have the following duties and powers: (1) A majority of the members of the O'Hare Commission shall determine certain Noise Compatibility Programs and Noise Compatibility Projects to be implemented in the O'Hare Commission Area in cooperation with the City as set forth in Appendix A, and shall establish criteria for participation in such Noise Compatibility Programs and for determining the priorities for providing such Noise Compatibility Projects. (2) The O'Hare Commission may make recommendations to the City regarding noise reduction programs at O'Hare including, but not limited to, the use of new technologies and flight patterns, preferential runway usage, the implementation of sound insulation programs and the implementation of FAA standard noise abatement, take -off and high altitude approach procedures. No such recommendations shall be submitted to the FAA or implemented by the City without the prior approval of the O'Hare Commission. The O'Hare Commission also shall cooperate with the City in seeking agreements with the airlines using O'Hare and the FAA, as appropriate, with respect to aircraft noise mitigation and related matters. (3) The O'Hare Commission may advise the City concerning any Part 150 Plan concerning O'Hare. The City shall not submit any O'Hare Part 150 Plan to the FAA without allowing the O'Hare Commission 60 days to review it and submit written recommendations to the City for consideration. (4) Upon the reasonable request of the O'Hare Commission, it shall receive from the City full access to all publicly available documents relating to (i) any O'Hare noise monitoring, (ii) any O'Hare -related noise compatibility project proposed or undertaken in whole or in part by the City, and (iii) any recommendations or submissions to the FAA related to airport noise mitigation related to O'Hare. (5) Neither the O'Hare Commission, nor any of its Participants, representatives, agents, employees, consultants or professional advisors shall use, or assist other persons in using, flight track data for O'Hare and/or Midway Airports ("Data") provided by the FAA's Chicago Terminal Approach Control ("TRACON") facility in legal actions to enforce noise abatement policy or regulations without prior approval of the FAA, and shall not release such Data without notice to and consultation with the FAA. The O'Hare Commission and its Participants, representatives, agents, employees, consultants and professional advisors shall not release the Data for use by law enforcement agencies or for use in any civil litigation except as otherwise required by law. If the O'Hare Commission or any of its Participants, representatives, agents, employees, consultants or professional advisors are required by law to release such Data, they shall notify the FAA before doing so. This notification must be provided promptly after the O'Hare Commission, or any of its Participants, representatives, agents, employees, consultants or professional advisors receives a request or requirement to release the Data, and prior to the release of the Data. The O'Hare Commission and its Participants, representatives, agents, employees, consultants or professional advisors shall not release Data if advised by the FAA that the Data contains any information deemed sensitive at the sole discretion of the FAA, unless required by law to release such Data. (6) The O'Hare Commission shall adopt annually a current expense budget for each fiscal year. The O'Hare Commission's current expense budget shall be adopted at least 60 days prior to the commencement of each such fiscal year following its first full fiscal year. The O'Hare Commission's current expense budget of $256,000 shall be paid by the City. Thereafter, the O'Hare Commission's expense budget shall be evaluated annually. (7) The O'Hare Commission shall have the power to sue and be sued and to take any other action necessary to perform its powers under this Agreement. No funds received by the O'Hare Commission from the City shall be used for legal services or other costs in connection with any action by the O'Hare Commission against the City, its officers or employees or any airline using O'Hare, except for enforcement of the provisions of this Agreement. (8) The O'Hare Commission shall undertake any procurement activities in accordance with this Agreement and pursuant to applicable law. (9) The O'Hare Commission shall adopt by-laws and rules for the conduct of its meetings consistent with powers enumerated herein. B. A record of proceedings and documents of the O'Hare Commission shall be maintained, which shall be available for inspection by the City, each Participant, each Advisory Member and the public as permitted by law. The accounts of the O'Hare Commission shall be subject to an annual audit by a qualified independent public accountant. C. The powers and duties of the O'Hare Commission shall be limited to those expressly set forth in this section. Section 4. Term of Agreement. A. This Agreement shall be effective January 1, 2011, and shall terminate on December 31, 2015 unless otherwise terminated with the written consent of the City and two- thirds of the Participants. The term of this Agreement may be extended upon the approval of the City and any Participant which wishes to extend the term of the Agreement. If any Participant defaults in any material respect in the performance of any of its duties or obligations under this Agreement, and such default continues for 30 days after the O'Hare Commission notifies the Participant, the O'Hare Commission may terminate the defaulting Participant's participation as a party to this Agreement. A material default by a Participant shall include, but is not limited to, the failure of its authorized representative or alternate to attend three or more consecutive meetings of the O'Hare Commission. B. Any Participant may withdraw as a member of the O'Hare Commission at any time by providing 60 days advance written notice of its intent to withdraw to the City and the O'Hare Commission. Each such written notice shall be accompanied by a certified copy of a resolution or other official action of such Participant's legislative body authorizing such withdrawal. Following its withdrawal from the O'Hare Commission, the Participant shall cease to exercise any of its rights under this Agreement and to be responsible for any subsequent obligation incurred by the O'Hare Commission. C. The City may terminate this Agreement at any time after January 1, 2011, upon 180 days prior written notice to each Participant and each Advisory Member. Following the City's termination of this Agreement, the rights and obligations of each party to this Agreement shall terminate. Section 5. Miscellaneous. A. All notices hereunder shall be in writing and shall be given as follows: If to the City, to: Commissioner Chicago Department of Aviation 10510 W. Zemke Road Chicago, IL 60666 Tel.: (773) 686-2200 Fax: (773) 686-3424 If to a Participant, to the address set forth on the signature page of the counterpart of this Agreement executed by such Participant, and, in the case of Chicago Ward Participants, to such telephone and facsimile numbers as they may provide to the O'Hare Commission, and if to an Advisory Member, to the address provided to the O'Hare Commission by such Advisory Member. All notices shall be effective upon receipt. Notices given by fax shall be confirmed by mailing a copy thereof, first class postage prepaid. Any Participant may change the address or addresses for notices to be sent to it by giving notice to the O'Hare Commission. B. No Participant may assign its rights or obligations under this Agreement without the prior written consent of the City and the other Participants. C. The City shall not be responsible or liable for damage to property or injury to persons that may arise from, or be incident to, compliance with this Agreement or the implementation of a Noise Compatibility Program or a Noise Compatibility Project by a Participant or other Governmental Unit. A Participant shall not be responsible or liable for damage to property or injury to persons that may arise from, or be incident to, compliance with this Agreement or the implementation of a Noise Compatibility Program or a Noise Compatibility Project by the City, another Participant or another Governmental Unit. The City's financial obligations under this Agreement are limited to legally available airport revenues. Neither the City nor any Participant shall be liable for any expenditures, indebtedness or other financial obligations incurred by the Commission unless the City or such Participant has affirmatively agreed to incur such expenditure, indebtedness or financial obligation. No Advisory Member shall be subject to any liabilities or obligations under this Agreement. D. This Agreement constitutes the entire agreement of the parties with regard to the Subject matter hereof. This Agreement shall not confer upon any person or entity other than the parties hereto any rights or remedies. Appendices A and B are incorporated herein and made a part of this Agreement. E. This Agreement may be executed in one or more counterparts, each of which shall be considered an original instrument, but all of which shall be considered one and the same agreement, and shall become binding when one or more counterparts have been signed by each party. Each counterpart may vary in order to identify the Participant, its address for notices and its execution by an authorized officer. The execution of counterparts of this Agreement by a municipality, public school district or county located in the O'Hare Commission Area prior to January 1, 2011 shall not require the consent of the O'Hare Commission, the City or any participant. F. This Agreement shall be governed and construed in accordance with Illinois law. G. Any municipality, public school district or county located in the O'Hare Commission Area that does not become a Participant prior to January 1, 2011 may thereafter become a Participant upon (i) the approval of the City and a majority of the O'Hare Commission as set forth in Section 2.E and (ii) execution of a counterpart of this Agreement. H. The approval of two-thirds of the Participants, and the approval of the City, shall be required to amend this Agreement. Notice of any proposed amendment shall be mailed to each Participant and each Advisory Member at least ten days prior to the meeting of the O'Hare Commission at which any proposed amendment is to be first considered. Any amendment shall 5 be effective on all parties hereto when counterparts are executed by the City and two-thirds of the Participants. Executed as of this _ day of , 2014. CITY OF CHICAGO L-12 Commissioner Chicago Department of Aviation (Name of Governmental Unit or Other Entity) IN Authorized Officer Address: APPENDIX A Implementation of Noise Compatibility Projects In connection with the development and implementation of noise compatibility projects in the O'Hare Commission Area, the City and the O'Hare Commission shall have the following duties and responsibilities: A. The members of the O'Hare Commission shall direct the further development of the noise compatibility programs for the O'Hare Commission Area. The members of the O'Hare Commission shall establish criteria for the equitable allocation of Noise Compatibility Projects and related airport revenues (Airport Improvement Program grants, Passenger Facility Charges ("PFC"), and General Airport Revenue Bonds, and/or bonds backed by such funding sources) within the O'Hare Commission Area and the priorities for providing Noise Compatibility Projects, subject in each case to approval by the FAA and in compliance with all applicable FAA regulations and grant assurances, as well as other applicable law, and subject to available funding. B. The City shall retain all necessary powers to satisfy the assurances made to the FAA in connection with the expenditure of airport revenues, including eligibility for sound insulation and/or sound insulation funding that is paid by airport revenues. The City shall enter into all agreements and assurances and shall take all other actions that may be necessary to provide for the utilization of airport revenues on the basis set forth in this Appendix A. Each Participant and other Governmental Unit that receives Noise Compatibility Projects shall enter into all agreements and assurances, including agreements with and assurances to the City, shall execute any necessary certificates, records and other documents and shall take all other actions that may be necessary to obtain and maintain FAA approval for the use of the airport revenues as contemplated in this Appendix A. Neither the O'Hare Commission nor any Participant shall take or omit to take any action if such action or omission violates restrictions on the use of airport revenues. The City shall not be obligated in any year to pay or utilize any amounts in excess of available airport revenues to carry out the purposes of this Appendix A. C. The determination of eligibility to participate in a Noise Compatibility Program or receive a Noise Compatibility Project is not to be construed as an admission or determination of negative impact by aircraft noise or of liability for damages or any other injury relating to aircraft noise on the part of the City or the O'Hare Commission. D. In the event they are determined to be eligible for participation in a Noise Compatibility Program, property owners in the O'Hare Commission Area shall not be required to pay any portion of the cost of any Noise Compatibility Project. Upon approval by the City of Chicago and with the consent of the property owner, at its option the City may acquire homes that are subject to very high levels of aircraft noise. E. Noise Compatibility Projects outside the City of Chicago may be implemented through Participants and other Governmental Units located in the O'Hare Commission Area. A Governmental Unit may request that the City undertake a Noise Compatibility Project within A-1 such Governmental Unit's corporate boundaries. Noise Compatibility Projects within the boundaries of the City shall be implemented by the City. The City may enter into agreements in connection with the planning and implementation of proposed Noise Compatibility Projects in the O'Hare Commission Area. The City shall provide administrative support and professional and technical assistance to the O'Hare Commission, each Participant and all other Governmental Units located in the O'Hare Commission Area in connection with the operations of the O'Hare Commission and the planning and implementation of Noise Compatibility Projects. All procurement activities related to Noise Compatibility Projects shall be undertaken in accordance with applicable law. F. The O'Hare Commission may receive grants from any source to be used for the purpose of discharging its duties and obligations in accordance with the provisions of this Appendix A, and also may make grants for such purposes. The O'Hare Commission may expend any such grants for purposes consistent with this Appendix A. The City and the O'Hare Commission shall each use its best efforts (including serving as the sponsor or applicant for federal grants) to obtain the maximum amount of federal funds in connection with any noise mitigation projects, so as to maximize the availability and impact of the City's financial contribution to noise mitigation projects in the O'Hare Commission Area. G. The City shall install and maintain a permanent noise monitoring system (the "System") at and around O'Hare Airport. The purposes of the System include validation of the FAA -approved noise contour for O'Hare, assisting in determining the eligibility and priority of proposed Noise Compatibility Projects for schools, enhancing public understanding of noise issues, and monitoring trends in aircraft noise. (1) The City may retain a third party vendor ("System Operator) selected by the City with the input of the O'Hare Commission to operate and maintain the System pursuant to an agreement between the City and the System Operator. (2) At the request of the O'Hare Commission, the City may also retain and pay the cost of another third party vendor ("System Expert") to provide independent management oversight of the System. The System Expert shall be mutually selected by the City and the O'Hare Commission. The System Expert will be responsible for independently verifying data and system operation through the review of all inputs and operational aspects of the System. All reports prepared by the System Expert shall be provided directly to the City and the O'Hare Commission. The activities and duties of the System Expert shall be consistent in all respects with the applicable requirements of the FAA. If the Noise Commission requests the City to retain and pay for such a System Expert, the amount that the City is obligated to pay the System Expert shall not exceed $150,000 per year, adjusted annually for inflation. (3) The System shall include a minimum of 33 monitoring sites in the O'Hare Commission Area, plus such number of additional permanent monitoring sites as may agreed upon by the City and the O'Hare Commission. (4) The correlated data collected by the System shall be made available by the City to the O'Hare Commission and any Participant that requests such data. The City shall provide A-2 reports to the O'Hare Commission and each Participant based on the data collected by the System. (5) Neither the O'Hare Commission, nor any of its Participants, representatives, agents, employees, consultants or professional advisors shall use, or assist other persons in using, information generated by the System in violation of Section 3.A(5) of this Agreement. A-3 APPENDIX B Definitions Whenever used in this Agreement, the following terms shall have the following meanings: "Advisory Member" means an authorized representative of the Archdiocese of Chicago, the Diocese of Joliet or any other non-governmental elementary and secondary school located in the O'Hare Commission Area who shall serve as a special advisory member of the O'Hare Commission as provided in Section 2.C, but who shall have no voting powers on the O'Hare Commission and shall not be parties to the Agreement. "City" means the City of Chicago. The Commissioner of the Chicago Department of Aviation or his or her designee (or any successor thereto) shall have the sole authority to undertake the City of Chicago's obligations and responsibilities under this Agreement, and the City shall act by and through the Commissioner of the Chicago Department of Aviation or his or her designee (or any successor thereto) for purposes of this Agreement, except as otherwise set forth in this Agreement. "FAA " means the Federal Aviation Administration or any successor agency. "Governmental Unit" means a county, township, municipality, municipal corporation, unit of local government, public school district, special district, public corporation, body corporate and politic, forest preserve district, park district and any other local governmental agencies, including any created by intergovernmental agreement among any of the foregoing units. "Noise Compatibility Programs" means programs, including but not limited to the Residential Sound Insulation Program and the School Sound Insulation Program, which address aircraft noise concerns in the O'Hare Commission Area as determined by the O'Hare Commission in cooperation with the City. "Noise Compatibility Projects" means the noise compatibility projects (including administrative costs) in the O'Hare Commission Area which are eligible for funding based on FAA regulations and grant assurances, which have been identified as eligible for participation in Noise Compatibility Programs as determined by the O'Hare Commission in cooperation with the City based on criteria adopted by the O'Hare Commission, and for which there is available funding. Noise Compatibility Projects include, but are not limited to, the sound insulation of homes and schools and/or providing the funding for such sound insulation to be implemented. Participation in a Noise Compatibility Program or receipt of a Noise Compatibility Project shall voluntary on the part of the relevant property owner. "O'Hare" means Chicago O'Hare International Airport. "O'Hare Commission" means the O'Hare Noise Compatibility Commission established pursuant to this Agreement and having the composition set forth in Section 2 of this Agreement. "O'Hare Commission Area" means the area in the vicinity of O'Hare with an interest in O'Hare -related aircraft noise issues, which area includes but is not limited to the following municipalities and Governmental Units: (i) the City of Chicago, Arlington Heights, Bartlett, Bellwood, Bensenville, Des Plaines, Elmwood Park, Franklin Park, Harwood Heights, Hoffman Estates, Itasca, Maywood, Melrose Park, Mount Prospect, Niles, Norridge, Northlake, Oak Park, Palatine, Park Ridge, River Forest, River Grove, Rolling Meadows, Rosemont, Schaumburg, Schiller Park, Stone Park and Wood Dale; (ii) the unincorporated areas of Leyden, Maine, Niles and Norwood Park Townships in Cook County and the unincorporated areas of Addison Township in DuPage County; (iii) Districts 59, 63, 64, 80, 81, 84, 84.5, 85.5, 86, 87, 88, 89, 214, 234, 299 and 401. Municipalities and public school districts may be added to the O'Hare Commission Area as provided in Section S.G. "Part 150 Plan" means a noise abatement and land use compatibility plan developed pursuant to 14 CFR Part 150, or any successor provision. "Participant" means, at any time, each city, village, public school district or county located in the O'Hare Commission Area that has executed a counterpart of this Agreement on the basis set forth in this Agreement, other than the City. In addition, "Participant" shall include the Chicago Ward Participants as set forth in Section 2.A.(v) of this Agreement, who shall be eligible to participate as individual member Participants on the O'Hare Commission upon approval and execution of this Agreement by the City. "Residential Sound Insulation Program" means the program determined by the O'Hare Commission in cooperation with the City to provide sound insulation to homes in the O'Hare Commission Area that are affected by O'Hare -related aircraft noise, and that are eligible for sound insulation pursuant to FAA guidelines and regulations and eligibility criteria established by the O'Hare Commission in cooperation with the City, and for which there is available funding. "School Sound Insulation Program" means the program determined by the O'Hare Commission in cooperation with the City to provide sound insulation and sound insulation funding to schools in the O'Hare Commission Area that are affected by O'Hare -related aircraft noise, and that are eligible for sound insulation pursuant to FAA guidelines and regulations and eligibility criteria established by the O'Hare Commission in cooperation with the City, and for which there is available funding. [:M ONCC Membership Arlinaton Heights Mayor Thomas Hayes Designee: Former Mayor Arlene J. Mulder (Chairman) Alternates: Trustee Bert Rosenberg Jeffrey Bohner, Health Officer Bartlett Mayor Kevin Wallace Alternate: Scott Skrycki Bellwood Mayor Frank A. Pasquale Alternate: Bensenville Mayor Frank Soto Designee: Trustee JoEllen Ridder Alternates: Michael Cassady, Village Manager Bloomingdale Mayor Franco Coladipietro Alternate: Judi Von Hubert, Pietro Scalera Chicago Commissioner Rosemarie S. Andolino Designee: Jonathan Leach, Chief Operating Officer Michael Boland, First Deputy Commissioner Chicago, 36th Ward Alderman Nicholas Sposato Designee: Ronald Sak Chicano, 38th Ward Alderman Timothy M. Cullerton Designee: Diane Oppliger Chicano, 39th Ward Alderman Margaret Laurino Designee: Peter Bialek Chicano, 40th Ward Alderman Patrick J. O'Connor Designee: John Julitz Chicago. 41St Ward Alderman Mary O'Connor Designee: Catherine Dunlap Chicago, 45th Ward Alderman John Arena Cook County President Toni Preckwinkle Designee: Frank Damato (Residential Committee Chairman) Alternate: Trudy Ziaja 10/9/2014 Des Plaines Mayor Matt Bogusz Alternate: Alderman Mark Walsten Downers Grove Mayor Martin T. Tully Alternates: David Fieldman, Village Manager Allison Deitch, Performance Manager Elmwood Park Mayor Angelo "Skip" Saviano Alternates: Trustee Alan Kaminski, Paul Volpe Franklin Park Mayor Barrett Pedersen Alternates: Trustee John Johnson Trustee Bill Ruhl Harwood Heiahts Mayor Arlene Jezierny Alternate: Trustee Lester Szlendak Hoffman Estates Mayor William McLeod Alternates: Michael Hankey, Gary Salavitch Itasca Mayor Jeff Pruyn Alternates: Trustee Michael Latoria Trustee Marty Hower Maywood Mayor Edweena Perkins Alternate: David Myers Melrose Park Mayor Ronald Serpico Alternates: Ralph Sorce, Building Commissioner Morton Grove Mayor Daniel P. DiMaria Alternates: Trustee John Pietron, Ryan Horne Peter Falcone Mount Prospect Mayor Arlene Juracek Alternates: David Strahl, Assistant Village Manager Former Mayor Irvana Wilks Niles Mayor Andrew Przybylo Alternates: Joe Annunzio (Technical Committee Chairman), Steven Vinezeano, Village Manager Kathy Thake, Legal Assistant ONCC Membership Norridge Mayor James Chmura Designee: Judith Dunne Bernardi (Treasurer, Residential Committee Vice -Chairman) Brian Gaesor Northlake Mayor Jeffrey Sherwin Alternate: Alderman Paul Straube Oak Park Mayor Anan Abu-Taleb Alternates: Robert Cole, Assistant Village Manager Galen Gockel Palatine Mayor Jim Schwantz Alternates: Reid Ottesen, Village Manager Tim Millar, Councilman Robert Kenny Park Ridge Mayor David Schmidt Alternates: Shawn Hamilton, Village Manager Lonnie Spires, Building Administrator River Forest Mayor Catherine M. Adduci Alternates: Trustee Carmela Corsini Eric Palm, Village Administrator River Grove Mayor Marilynn May Designee: Dennis Ryan (Technical Committee Vice - Chairman) Rolling Meadows Mayor Tom Rooney Alternates: Barry J. Krumstok, City Manager Alderman Mike Cannon, Lori Ciezak Rosemont Mayor Bradley Stephens Alternates: Trustee Jack Dorgan, Brian Baugh, Nicholas Peppers, Donald Storino, Jr Schaumburg Mayor Al Larson Alternates: Karyn A. Robles, Richard Bascomb Schiller Park Mayor Barbara J. Piltaver Alternates: Trustee Larry Fritz Kevin Barr, Village Manager Stone Park Mayor Beniamino Mazzulla Alternates: Trustee Marco Paz, Robert Gonzini Loretta Teets Wood Dale Mayor Annunziato "Nunzio" Pulice Alternates: Alderman Frank Lazzara Alderman Eugene Wesley, Alderman Art Woods Chief Greg Vesta School District 59 Dr. Art Fessler, Superintendent Alternates: Brian Gilligan, Ruth Gloede Tony Rossi School District 63 Superintendent Scott Clay Alternate: Dan Barrie School District 64 Superintendent Dr. Laurie Heinz Alternate: Rebecca Allard, Chief School Business Official School District 80 Superintendent Kerry Leiby School District 81 Superintendent Kimberly Boryszewski Alternate: Aaron Schilling School District 84 Superintendent David Katzin Alternate: John Barry School District 84.5 Superintendent Jim Prather Alternates: John Barry, William Horn, Debra Suhajda School District 85.5 Superintendent Glenn Grieshaber School District 86 Dr. Nicholas Dr. J. Kosirog, Superintendent Alternates: Dr. Raymond J. Kuper, (Vice -Chairman, School Committee Chairman) Thomas Simmons School District 87 Superintendent Eva Smith Alternates: Dan Ford, Michael Locigno, Laura Vince School District 88 10/9/2014 ONCC Membership Dr. Phylistine Murphy, Superintendent School District 89 Superintendent Michael Robey Alternate: Darrell Moon, Raymond Lauk School District 214 Superintendent Dr. David Schuler Alternates: Cathy Johnson, Sherry Koerner, Ted Birren, Director of Operations School District 234 Superintendent Jennifer Kelsall Alternates: Dr. Raymond J. Kuper, Tim Keeley School District 299 Chief Executive Officer Barbara Byrd -Bennett Designee: Lynn Crivello School District 401 Superintendent Kevin Anderson Alternate: Thomas Zelek ONCC Staff Executive Director: Jeanette Camacho Administrative Assistant., Lucia A. Crespo 10/9/2014 RESOLUTION NO. A RESOLUTION AUTHORIZING AN AMENDMENT OF THE INTERGOVERNMENTAL AGREEMENT RELATING E COMPATIBILITY COMMISSION WHEREAS , the City of Chicago is a home rule municipality pursuant to Article VII, Section 6 of the 1970 Illinois Constitution , and, as such, may exercise any power and perform any function related to its government and affairs; and WHEREAS, the City of Chicago owns and operates an airport known as Chicago OHare International Airport (the Airport); and WHEREAS, pursuant to authority granted by an ordinance adopted by this City Council on October 30, 1996, and Section 10 of Article VII of the Illinois Constitution and the Intergovernmental Cooperation Act (5 ILCS 220), the by and among the City and various municipalities and public school districts (as defined in the Intergovernmental Agreement, ; and WHEREAS, the ONCC Intergovernmental Agreement and provides a common forum for interested parties to have a voice in ; noise issues related to the Airportand WHEREAS, by its terms, the Intergovernmental Agreement became effective in November of 1996 and the term was extended from December 31, 2005 to December 31, 2010, and again the term was extended to December 15, 2015; and WHEREAS, ONCC has indicated a desire to approve the amended Intergovernmental Agreement; and WHEREAS, the Village of Mount Prospect Commission; and WHEREAS, on September 10, 2014 the Chicago City Council considered a revised Intergovernmental Agreement adding terms to allow for a representative from Ward 40 to serve on the ONCC; and WHEREAS , the City of Chicago approved a new Intergovernmental Agreement which is attached to this Resolution ; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Village Board of Trustees of the Village of Mount Prospect; SECTION 1. That the recitals set forth above are incorporated by reference as the factual basis for this transaction. ONNC Resolution November 18, 2014 Page 2 of 2 SECTION 2. That Mayor Arlene A. Juracek is hereby authorized to execute, and the Village Clerk attest Commission. SECTION 3. That this Resolution shall be in full force and effect from and after its passage and approval according to law. AYES: NAYS: ABSENT: ABSTAIN: th PASSED and APPROVED this day of November, 2014 ________________________________ Arlene A. Juracek Mayor ATTEST: _________________________________ M. Lisa Angell Village Clerk H:\\CLKO\\WIN\\RESOLUTIONONCCamendedagreementnov2014.doc Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL E. JANONlS, VILLAGE MANAGER FROM: JANET SAEWERT, NEILI-113ORI-fOODPLANNER DATE: NOVEMBER 10, 2014 SIJBJECT� RESOLUTIONS AUTHORIZING EXECUTION OFAGREEMENTS BETWEEN THE VILLAGE AND CDB(3 SIJBRECIPIENTS On April 3, 2013 the Village Board approved Resolution No. 04-1.3, "A Resolution Authorizing the Village of Mount Prospect's Participation in Cook County's HOME Investment Partnerships Program Consortium and Adoption of the Consortium's Program Year for the Village's Community Development Block Grant Program". Over the last 9 months we have worked to facilitate this 9 month Program Year (PY) shift and are now aligned with the Consortium's 2014 Program Year which starts October 1, 2014 and runs through September 30, 2015. Based on our 2014 Funding Agreement with the U.S. Department Of Housing and Urban Development (HUD) which was signed by Mayor Juracek on October 31, 2014, the Village of Mount Prospect PY2014 allocation is $271,504, just a slight 1.65% decrease frorn. our PY2013 allocation. The Village Board approved the 2014 Community Development Block Grant (CDBG) Action Plan on July 15, 2014. This plan includes funding for several public service agencies that provide a variety of services and programs for the Village's low- and moderate -income residents. Attached, please find contracts for the agencies listed below and resolutions authorizing the execution of agreements between the Village of Mount Prospect and these individual agencies. The funding amounts are consistent with those indicated in our 2014 CDBG Action Plan and are indicated in parentheses. ® Northwest Compass Inc. (f.k.a. CERA Northwest) — Emergency Housing Program ($15,000) ® Children's Advocacy Center ($1,800) ® Journeysl The Road Home ($15,000) ® Lite Span ($5,000) ® Northwest CASA ($5,000) • Resources for Community Living ($6,000) • SPHCC- Access to Care ($6,000) ® Community Connections Center ($4,000) ® WINGS ($10,000) ® Search Inc.- Group Home Rehab ($20,000) • Northwest Compass Inc. (f.k.a. CEDA Northwest) — Facility Rehab ($12,500) Please forward this memorandum and attached resolutions to the Village Board for their review and consideration at their November 18, 2014 meeting. Staff will be present at the meeting to answer any questions related to this matter. concur� ............................... . ..... . . ............ . . . William J. Cooney, A101, Director o£t ornmunity Development C. hlWimc� Oullm,1105YOXOR11 YTY2011 Rwmfiw�on Mono P7BoaiJ(2)dm;,, RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND NORTHWEST COMPASS, INC. (F.K.A. THE CEDA NORTHWEST SELF-HELP CENTER, 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 NW Compass Inc., provides information referrals, housing counseling assistance, career coaching, child care assistance, Affordable Care Act enrollment services, food connection services, transitional living services, money management, emergency services assistance and other public service programs at their office building located at 1300 West Northwest Highway in Mount Prospect; and has applied for CDBG funds for roof, drainage and insulation improvements and repairs at this facility; and WHEREAS, the programs operated by Northwest Compass Inc. and the proposed rehab work 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 Northwest Compass Inc., a copy of which Agreement is attached and made a part of this Resolution 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: ABSTAIN: th PASSED and APPROVED this 18 day of November 2014. _____________________________ Arlene A. Juracek Mayor ATTEST: _________________________________ M. Lisa Angell Village Clerk J:\\Projects\\Agenda Packets\\2014\\VB\\November 18, 2014\\CDBG resolution NW Compass Rehab PY2014 (2).doc RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND NORTHWEST COMPASS, INC. (F.K.A. THE CEDA NORTHWEST SELF-HELP CENTER, 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 Compass, Inc. shall provide an emergency housing and housing counseling program, to assist near homeless and homeless low and moderate income residents of the Village of Mount Prospect; and WHEREAS, the program proposed by Northwest Compass, 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 Northwest Compass Inc., for provision of an Emergency Housing Program, a copy of which Agreement is attached and made a part of 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: ABSTAIN: PASSED and APPROVED this 18th day of November 2014. _____________________________ Arlene A. Juracek Mayor ATTEST: ____________________________ M. Lisa Angell Village Clerk H:\\CLKO\\WIN\\CDBG 2014-2015\\CDBG resolution NW Compass Em Hsg PY2014 (2).doc RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND LIFE SPAN 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 Life Span, shall provide legal and counseling services to victims of domestic and sexual violence and their, who are residents of Mount Prospect; and WHEREAS, the program proposed by Life Span 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 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 Life Span, a copy of which Agreement is attached and made a part of this Resolution 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: ABSTAIN: th PASSED and APPROVED this 18 day of November 2014. _____________________________ Arlene A. Juracek Mayor ATTEST: ____________________________ M. Lisa Angell Village Clerk H:\\CLKO\\WIN\\CDBG 2014-2015\\CDBG resolution Life Span PY2014 (2).doc RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND JOURNEYS | THE ROAD HOME 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 Journeys | The Road Home shall provide case management services, mental health counseling, housing coordination, vocational training, immediate services (food, clothing, supplies) and overnight shelter for the homeless and near homeless population of the Village of Mount Prospect; and WHEREAS, the project proposed by Journeys | The Road Home 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 Journeys | The Road Home a copy of which Agreement is attached and made a part of this Resolution 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: ABSTAIN: th PASSED and APPROVED this 18 day of November 2014. ___________________________ Arlene A. Juracek Mayor ATTEST: ____________________________ M. Lisa Angell Village Clerk H:\\CLKO\\WIN\\CDBG 2014-2015\\CDBG resolution Journeys the Road Home PY2014 (2).doc RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND RESOURCES FOR COMMUNITY LIVING 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 Resources for Community Living offers affordable housing options and individualized support for adults with developmental and/or physical disabilities, who are residents of Mount Prospect; and WHEREAS, the program proposed by Resources for Community Living 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 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 Resources for Community Living, a copy of which Agreement is attached and made a part of this Resolution 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: ABSTAIN: th PASSED and APPROVED this 18 day of November 2014. _____________________________ Arlene A. Juracek Mayor ATTEST: ____________________________ M. Lisa Angell Village Clerk H:\\CLKO\\WIN\\CDBG 2014-2015\\CDBG resolution Resources for Community Living PY2014 (2).doc RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND SUBURBAN PRIMARY HEALTH CARE COUNCIL, INC. FOR THE ACCESS TO CARE PROGRAM 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 Suburban Primary Health Care Council, Inc. shall provide a program to facilitate access to primary health care for residents of the Village of Mount Prospect; and WHEREAS, the program proposed by the Suburban Primary Health Care Council, 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 Suburban Primary Health Care Council, Inc, a copy of which Agreement is attached and made a part of this Resolution 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: ABSTAIN: th PASSED and APPROVED this 18 day of November 2014. _____________________________ Arlene A. Juracek Mayor ATTEST: _________________________________ M. Lisa Angell Village Clerk H:\\CLKO\\WIN\\CDBG 2014-2015\\CDBG resolution Access to Care PY2014 (2).doc RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE 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 intervention to child victims of sexual assault and their families, who are residents of Mount Prospect; and 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 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 which Agreement is attached and made a part of this Resolution 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: ABSTAIN: th PASSED and APPROVED this 18 day of November 2014. _____________________________ Arlene A. Juracek Mayor ATTEST: ____________________________ M. Lisa Angell Village Clerk H:\\CLKO\\WIN\\CDBG 2014-2015\\CDBG resolution Children's Advocacy PY2014 (2).doc RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND NORTHWEST CENTER AGAINST SEXUAL ASSAULT (NW CASA) 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 Center Against Sexual Assault (NW CASA) shall provide sexual assault counseling and advocacy to child, adolescent and adult victims of rape/sexual abuse who are Mount Prospect residents; and WHEREAS, the program proposed by the NW CASA 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 the NW CASA, a copy of which Agreement is attached and made a part this Resolution 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: ABSTAIN: th PASSED and APPROVED this 18 day of November 2014. _____________________________ Arlene A. Juracek Mayor ATTEST: _________________________________ M. Lisa Angell Village Clerk H:\\CLKO\\WIN\\CDBG 2014-2015\\CDBG resolution NWCASA PY2014 (2).doc RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND WINGS PROGRAM 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 WINGS Program Inc. shall provide housing and supportive services to women and their children who are homeless due to domestic violence or other causes, who are residents of Mount Prospect; and WHEREAS, the program proposed by WINGS Program Inc. 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 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 WINGS Program Inc., a copy of which Agreement is attached and made a part of this Resolution 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: ABSTAIN: th PASSED and APPROVED this 18 day of November 2014. _____________________________ Arlene A. Juracek Mayor ATTEST: ____________________________ M. Lisa Angell Village Clerk H:\\CLKO\\WIN\\CDBG 2014-2015\\CDBG resolution WINGS PY2014 (2).doc RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND SEARCH 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 Search Inc. operates communitybased group homes for adults with developmental and has applied for CDBG funds to replace windows and doors at one such group home being located at 1007 N. Sycamore Lane in the Village of Mount Prospect; and WHEREAS, the program operated by Search Inc. and the proposed rehab work 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 Search Inc., a copy of which Agreement is attached and made a part of this Resolution 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: ABSTAIN: th PASSED and APPROVED this 18 day of November 2014. _____________________________ Arlene A. Juracek Mayor ATTEST: _________________________________ M. Lisa Angell Village Clerk H:\\CLKO\\WIN\\CDBG 2014-2015\\CDBG resolution Search Inc PY2014 (2).doc AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT ANDNORTHWEST COMPASS, INC. (F.K.A. THE CEDA NORTHWEST SELF-HELP CENTER, INC.) FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING PROGRAM Agreement THIS AGREEMENT this ___ day of _______________, 2014, by and between the Village of Mount Prospect, an Illinois home rule GranteeNorthwest Compass, Inc., municipal corporation a not-for- (Sub-Recipient profit Illinois corporation,(Sometimes referred to individually PartyParties . WHEREAS, the Grantee has applied for and received Community Development Block Grant CDBG d Urban HUD Development (referred to ) under Title I of the Housing and Community Development Act of 1974, Public Law 93-383; and WHEREAS, the Sub-Recipient has applied to Grantee for CDBG funds to operate a program that assists individuals with transitional housing, rent assistance and housing counseling; and WHEREAS, the Grantee deems it appropriate to award the CDBG funds to the Sub-Recipient for the proposed program, based upon the terms set forth in this Agreement. NOW, THEREFORE, it is agreed between the Parties, as follows; I.SCOPE OF SERVICE A.Activities The Sub-Recipient will be responsible for administering the program in a manner satisfactory to the Grantee and consistent with the standards described in this Agreement. The program will include the following activities eligible under CDBG program requirements: to assistindividuals with The Sub-Recipient will operate a program transitional housing, rent assistance and housing counseling (referred to as Program), as outlined in the Scope of Services attached hereto as Exhibit A. B.National Objectives The Sub-Recipient certifies that the activities carried out with funds provided by this National Agreement, will meet one or more of the following National Objectives Objectives for CDBG programs, as defined in 24 CFR Part 570.208: 1.Benefit Low/Moderate Income Persons; 1 286901_1 2.Aid in the prevention or elimination of slums or blight; or 3.Meet a need having a particular urgency/emergency. C.Levels of Accomplishment In addition to the normal administrative services required by this Agreement, the Sub- Recipient agrees to provide the following levels of program services for both Components: Average Clients/Month Total Clients/Year 9.5/MONTH 114/YEAR The Sub-Recipient will also report information as it relates to the Outcome Measurement System as described in the Federal Register Notice on June 10, 2005 Office of Community Planning and Development, Docket No. FR-4970-N-02. Such information includes, but is not limited to: funds leveraged, number of persons with access to new/improved access to a service, and number of beds created in an overnight/emergency shelter. Such reports will be provided quarterly and in a final report as provided in Section IV below. D.Performance Monitoring The Grantee will monitor the performance of the Sub-Recipient against the goals and performance standards stated above. Substandard performance, as determined by the Grantee, will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the Sub-Recipient within a reasonable period of time after being notified by the Grantee, suspension or termination procedures will be initiated. II.TIME PERFORMANCE October 1, 2014September 30, Services of the Sub-Recipient shall start on and end on 2015 . The Term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Sub-Recipient remains in control of CDBG funds or other assets, including program income, which are related to this Agreement. III.PAYMENT It is expressly agreed and understood that the total amount to be paid to the Sub-Recipient $15,000 Grant by the Grantee under this Agreement shall not exceed Funds . Payments may be contingent upon certification of the Sub- management system in accordance with the standards specified in 24 CFR 84.21. A.Payment Procedures 2 286901_1 The Grantee will pay the Grant Amount to the Sub-Recipient based upon information submitted by the Sub-Recipient and consistent with any approved budget and Grantee policy concerning payments. The Grantee will not process any invoices received until the Sub- Recipient submits the applicable quarterly or final report for the requested pay period. The Grantee will determine the appropriate amount to allocate per reporting period depending on the levels of accomplishment achieved by the Sub-Recipient. With the exception of certain advances, payments will be made only for eligible expenses actually incurred by the Sub- Recipient. Payments will be adjusted by the Grantee in accordance with advance fund and program income balances available in Sub-Recipient accounts. In addition, the Grantee reserves the right to use the funds provided by this Agreement for costs incurred by the Grantee on behalf of the Sub-Recipient. B.Indirect Costs If indirect costs are charged, the Sub-Recipient will develop an indirect cost allocation plan for determining the Sub-appropriate share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. C.Program Income The Sub-Recipient shall report all program income as defined at 24 CFR 570.500(a), generated by activities carried out with the Grant Funds. Sub- use of program income shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Sub-Recipient may use such income during the Term of this Agreement for activities permitted under this Agreement, but shall reduce requests for additional funds by the amount of any such program income balances on hand. All unused program income shall be returned to the Grantor upon expiration of this Agreement. Interest earned on cash advances is not program income but must be remitted promptly to the Grantee. For purpose of this Agreement, the funds provided by this Agreement shall include the Grant Funds, any funds provided by this program income and interest, and may be referred to as the Agreement . IV.REPORTING A.Progress Reports Quarterly Report The Sub-Recipient shall submit a to the Grantee in the form, content, and frequency required by the Grantee. All reports will be due 15 days after the close of the reporting period. This report should include the following: 1.Each client served during the month using CDBG funds; 2. 3.Type of service used by each client. The Parties may mutually agree on more frequent reporting, if appropriate. 3 286901_1 B.Final Report Final Report A shall accompany the Sub- highlight the accomplishments of the Program for the fiscal year, from October 1, 2014 to September 30, 2015, summarize the number of Mount Prospect residents served and include completion of the Year End Report, which is attached hereto as Exhibit B. The Final Report October 15, 2015. shall be due on or before C.Submission to HUD Subsequent to the execution of this Agreement, the Grantee shall file all necessary documents with HUD and shall comply with all applicable rules and regulations necessary to facilitate acquisition of the funds provided by this Agreement. V.NOTICES & COMMUNICATIONS Notices and communications under this Agreement shall be served personally or sent registered or certified mail, postage prepaid, to the respective Parties as follows: Grantee Sub-Recipient Mr. William J. Cooney, Jr. Mr. Ron Jordan Director of Community Development Executive Director Village of Mount Prospect Northwest Compass, Inc. 50 S. Emerson Street 1300 W. Northwest Hwy Mount Prospect, IL 60056 Mount Prospect, IL 60056 (847) 818-5328 (847) 392-2344 Fax: (847) 818-5329 Fax: (847) 392-2427 Notices served personally shall be effective upon receipt and notices served by mail shall be effective upon receipt as verified by the United States Postal Service. Either Party may change the name and address for which notice is required by notice to the other Party as provided herein. VI.GENERAL CONDITIONS A.General Compliance The Sub-Recipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the HUD regulations concerning CDBG), including subpart K of these regulations, except that 1) the Sub- environmental responsibilities described in 24 CFR 570.604 and 2) the Sub-Recipient does he review process under the provisions of 24 CFR Part 52. The Sub-Recipient further agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds 4 286901_1 provided by this Agreement. The Sub-Recipient further agrees to utilize those funds to supplement, rather than supplant funds otherwise available. The Sub-Recipient 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 Sub-Recipient shall perform all acts under this Agreement in the same manner as the Grantee, as a contractor of the Federal Government, is or would be required to perform such acts. B. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the Parties. The Sub- services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and -Recipient is an independent Sub-Recipient. C.Hold Harmless The Sub-Recipient shall hold harmless, save and indemnify the Grantee and each and every one of, attorneys, insurers and successors from any and all claims, demands, causes of actions, expenses, injuries, losses or damages of whatever kind, character or description the Grantee may suffer as a result of any cause, matter, act, or omission arising out of the performance or non-performance of the Sub-Recipient, its officers, agents, employees, and servants, under this Agreement. The Sub-Recipient agrees to defend any claims brought or actions filed against the Indemnitees with respect to the subject of the indemnity contained herein, whether such claims or actions are rightfully or wrongfully brought or filed. In the event that such a claim is brought or such an action is filed, the Grantee agrees that the Sub-Recipient may employ attorneys of its own selection to appear and defend the claim or action on behalf of the Grantee, subject to reasonable approval by the Grantee, at the expense of the Sub-Recipient. The Sub-Recipient, at its option, shall have the sole authority for the direction of the defense. D. The Sub-R employees involved in the performance of this Agreement. E.Insurance & Bonding The Sub-Recipient shall carry sufficient insurance coverage to protect contract assets (e.g., equipment and real property) from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee. 5 286901_1 The Sub-Recipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. F.Grantee Recognition The Sub-Recipient shall use its best efforts to recognize the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Sub-Recipient will include a reference to the support provided herein in all publications made possible with funds provided by this Agreement. G.Amendments This Agreement may be amended at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by duly authorized representatives of both Parties amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Sub- Recipient from its obligations under this Agreement. Notwithstanding the foregoing, the Grantee may, in its discretion, amend this Agreement to conform to Federal, State or local governmental guidelines, policies and available funding agreements, or for other reasons. If such amendment results in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by duly authorized representatives of both Parties, . H.Suspension or Termination In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Sub-Recipient materially fails to comply with any terms of this Agreement, which include, but are not limited to, the following: 1.Failure to comply with any of the rules, regulations or provisions referred to herein, or such statute, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2.Failure, for any reason, of the Sub-Recipient to fulfill in a timely and proper manner its obligations under this Agreement; 3.Ineffective or improper use of funds provided by this Agreement; or 4.Submission by the Sub-Recipient to the Grantee of reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 85.44, this Agreement may also be terminated for convenience by either the Grantee or the Sub-Recipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to 6 286901_1 be terminated. However, if in the case of a partial termination, the Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Grantee may terminate the award in its entirety. All finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Sub-Recipient under this Agreement shall be the property of the Grantee. VII.ADMINISTRATIVE REQUIREMENTS A.Financial Management 1.Accounting Standards The Sub-Recipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, to utilize adequate internal controls, and to maintain necessary source documentation for all costs incurred. 2.Cost Principles The Sub-Recipient shall administer its Program in conformance with the federal OMB Circulars A- Principles for Non-Profit Organizations or A-21 to all costs incurred whether charged on a direct or indirect basis. B.Documentation and Record-Keeping 1.Records to be Maintained The Sub-Recipient shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506, which are pertinent to the activities funded under this Agreement. Such records shall include, but not be limited to: a.Records providing a full description of each activity undertaken; b.Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c.Records required to determine the eligibility of activities; d.Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e.Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f.Financial records as required by 24 CFR Part 570.502, and 24 CFR 84.21-28; and 7 286901_1 g.Other records necessary to document compliance with Subpart K of 24 CFR 570. 2.Income Eligibility 2013 Income Limit Summary, which is attached hereto as Exhibit C, though the Sub- Recipient may establish program income criteria below those levels. The Sub- Recipient shall utilize annual income in determining and documenting income for participating clients. Annual income is the gross amount of income anticipated by all adults in a family during the 12 months following the effective date of determination. To calculate annual income, the Sub-Recipient may choose one (1) of the three (3) definitions of income listed below: 1. Annual income as defined under the Section 8 Housing Assistance Payments Program; 2. Adjusted gross income as defined for purposes of reporting under IRS Form 1040 (long form) for Federal individual income tax purposes; or 3. Annual income as defined for reporting under the Census long form for the most rent available decennial Census. Use of any other income definition is considered ineligible for HUD and CDBG funding and therefore not permitted. may be a family, as defined in 24 CFR 5.403; two or more families living together; or any other group of related or unrelated persons who share living arrangements, regardless of actual or perceived, sexual orientation, gender identity or marital Grantee must ensure that applicants to its programs and activities are treated equitably. For this reason, the same income definition must be used throughout the activity for each applicant. Additionally, the Sub-Recipient shall maintain copies of any documents used to determine applicant income. 3.Retention The Sub-Recipient shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement. Records for non-expendable property acquired with the funds provided by this Agreement shall be retained for five (5) years after final disposition of such property. Notwithstanding the above, if any claims, litigation, audits, negotiations or other actions involving such records begin before the expiration of the five-year period, such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later. 8 286901_1 4.Client Data The Sub-Recipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request. 5.Disclosure The Sub-Recipient understands that client information collected under this Agreement is private. The use or disclosure of such information, when not necessary and - responsibilities with respect to services provided under this Agreement, is prohibited, unless written consent is obtained from the client, and, in the case of a minor, from the parent/guardian. Disclosure of such information must also comply with applicable State and Federal laws. 6.Property Records The Sub-Recipient shall maintain a real property inventory, which identifies properties purchased, improved or sold using CDBG funds. 7.Close-Outs The Sub--out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Sub-Recipient has control over CDBG funds, including program income. 8.Audits & Inspections All Sub-Recipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, HUD, their designees or the Federal Government, at any time during normal business hours, as often as the Grantee or HUD deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully resolved by the Sub-Recipient within 30 days after receipt of notice of such deficiencies by the Sub- Recipient. The Sub-Recipient hereby agrees to conduct an annual audit in accordance with current Grantee policy concerning Sub-Recipient audits and, as applicable, OMB Circular A-133. 9.Availability of Law, Regulations and Orders 9 286901_1 The Grantee shall, upon the request of the Sub-Recipient, provide copies of applicable laws, regulations and orders, including those referenced in this Agreement, which regulate the operation of CDBG-funded programs, or which might otherwise affect the performance of this Agreement. The OMB Circulars referenced in the Agreement may be found on the website at http://www.whitehouse.gov/omb/circulars_default.In addition, many of the applicable laws and regulations can be found on the United States Government Printing website at http://www.gpo.gov/fdsys/pkg/CFR-2004-title24-vol1/content-detail.html C.Procurement 1.Compliance The Sub-Recipient shall comply with current Grantee policy in regard to the procurement of materials, property, or services, and shall maintain inventory records for non-expendable personal property as defined by such policy. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon expiration of this Agreement. 2.OMB Standards Unless specified otherwise within this Agreement, the Sub-Recipient shall procure all materials, property or services in accordance with the requirements of 24 CFR 84.40-48. 3.Travel The Sub-Recipient shall obtain prior written approval from the Grantee before incurring any costs for travel outside the Chicago metropolitan area that are subject to payment with the funds provided by this Agreement. D.Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1.The Sub-Recipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds provided by this Agreement at the time of expiration, cancellation, or termination. 2.Real property under the Sub-R improved, in whole or in part, with funds provided by this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of 10 286901_1 this Agreement \[or such longer period of time as the Grantee deems appropriate\]. If the Sub-Recipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Sub-Recipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditures of the non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Sub-Recipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period \[or such longer period of time as the Grantee deems appropriate\]. 3.In all cases in which equipment acquired, in whole or in part, with funds provided by this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent funds provided by this Agreement were used to acquire the equipment). Equipment not needed by the Sub-Recipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee in an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. VIII.RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT The Sub-Recipient agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC 61, as amended, and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under Section 104(d) of the Housing and Community Development Act (referred to as HCDA; and (c) the requirements in 24 CFR 570.606(d) governing optional relocation policies. \[The Grantee may preempt the optional policies.\] The Sub- Recipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversation for a CDBG-assisted project. The Sub-Recipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residence. IX.PERSONNEL & PARTICIPANT CONDITIONS A.Civil Rights 1.Compliance The Sub-Recipient agrees to comply with the Illinois Human Rights Act (Act 775 ILCS 5/1-101 et seq.), Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11 286901_1 11063, and with Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. 2.Nondiscrimination The Sub-Recipient shall comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607 and 775 ILCS 5/1-101 et seq. The applicable non-discrimination provisions in Section 109 of the HCDA also apply. The Sub-Recipient shall not discriminate against any worker, employee, applicant for employment or client because of race, color, creed, religion ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance, or as otherwise prohibited by state or Federal law. 3.Land Covenants The Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Sub-Recipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use of occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Sub-Recipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4.Section 504 The Sub-Recipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against individuals with disabilities or handicaps in any Federally assisted program. Guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement can be found on ŷƷƷƦʹΉΉƦƚƩƷğƌ͵ŷǒķ͵ŭƚǝΉŷǒķƦƚƩƷğƌΉI5ͪƭƩĭўΉƦƩƚŭƩğƒΗƚŅŅźĭĻƭΉŅğźƩΗŷƚǒƭźƓŭΗĻƨǒğƌΗƚƦƦΉķźƭğ . ĬźƌźƷźĻƭΉƭĻĭƷЎЉЍŅğƨ B. Affirmative Action 1.Approved Plan The Sub-Recipient agrees that it shall be committed to carry out pursuant to the To the extent required by that Order, i.e., service and supply contractors with 50 or 12 286901_1 more employees and government contracts of $50,000 or more, the Grantee shall provide Affirmative Action guidelines to the Sub-Recipient to assist in the formulation of such program. The Sub-Recipient shall submit a plan for an Affirmative Action Program for approval prior to the award of the Grant Funds. 2.Women- and Minority-Owned Businesses (W/MBE) The Sub-Recipient will use its best efforts to afford small businesses, minority opportunity to participate in the performance of this Agreement. As used in this Agreement, the for in Section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and -one (51) percent owned and controlled by minority group members or women. For the -Americans, Spanish- speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Sub-Recipient may rely on written representations by businesses regarding their status as a minority and female business enterprises in lieu of an independent investigation. 3.Access to Records The Sub-Recipient shall furnish and cause each of its own sub-recipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4.Notifications The Sub-Recipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or - post copies of the notice in conspicuous places available to employees and applicants for employment. 5.Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Sub-Recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Sub-Recipient, state that it is an Equal Opportunity or Affirmative Action employer. 6.Subcontract Provisions The Sub-Recipient will include the provisions of Paragraphs IX.A, Civil Rights, and B, Affirmative Action, of this Agreement in every subcontract or purchase order, 13 286901_1 specifically or by reference, so that such provisions will be binding upon each of its own sub-recipients or subcontractors. C. Employment Restrictions 1.Prohibited Activity The Sub-Recipient is prohibited from using funds provided by this Agreement or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities. 2.Labor Standards The Sub-Recipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Sub-Recipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Sub-Recipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request. The Sub-Recipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this Agreement, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Sub-Recipient of its obligation, if any, to require payment of the higher wage. The Sub-Recipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. a.Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the Grantee, the Sub-Recipient and 14 286901_1 any of the Sub-Rsubrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Sub-Recipient and any of the Sub-Recipients subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Sub-Recipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Sub-R requirements and to include the following language in all subcontracts executed under this Agreement: ed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is The Sub-Recipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based pain hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Sub-Recipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 15 286901_1 b.Notifications The Sub-Recipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c.Subcontracts The Sub-Recipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Sub-Recipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1.Assignability The Sub-Recipient shall not assign or transfer any interest in this Agreement without the prior written approval of the Grantee thereto; provided, however, that claims for money due or to become due to the Sub-Recipient from the Grantee under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee. 2.Subcontracts a.Approvals The Sub-Recipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of the Grantee prior to the execution of such agreement. b.Monitoring The Sub-Recipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documentation evidence of follow-up actions taken to correct areas of noncompliance. c.Content 16 286901_1 The Sub-Recipient shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d.Selection Process The Sub-Recipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process. 3.Hatch Act The Sub-Recipient agrees that no funds provided by this Agreement, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4.Conflict of Interest The Sub-Recipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: a.The Sub-Recipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b.No employee, officer or agent of the Sub-Recipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. c.No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of th who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Sub-Recipient, or any designated public agency. 17 286901_1 5.Lobbying The Sub-Recipient hereby certifies that: a.No Federal appropriated funds have been paid or will be paid, by or on behalf of Sub-Recipient, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement; b.If any funds, other than Federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, it will complete and submit Standard Form-LLL, instructions; c.Sub-Recipient will require that the language in paragraph (d) be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly; and d.Lobbying Certification Paragraph d This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6.Religious Organizations The Sub-Recipient agrees that funds provided by this Agreement will not be utilized for inherently religious activities, prohibited by 24 CR 570.200(j), such as worship, religious instruction, or proselytization. 7.Reversion of Assets 18 286901_1 Upon expiration of this Agreement, the Sub-Recipient shall transfer to the Grantee any funds provided by this Agreement on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under the Sub- CDBG funds (including CDBG funds provided to the sub-recipient in the form of a loan) in excess of $25,000 shall either: a. Be used to meet one of the National Objectives in Section 570.208 (formerly Section 570.901) of the CDBG regulations until five years after expiration of the Agreement; or b. If the real property is not used in accordance with paragraph 7a above, the Sub-recipient shall pay to the Grantee an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. The payment is program income to the Grantee. No payment is required after the period of time specified in paragraph 7a of this section. X.SEVERABILITY If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby, and all other parts of this Agreement shall nevertheless be in full force and effect. XI.JURISDICTION AND VENUE: This Agreement and all questions of interpretation, construction and enforcement hereof, and all controversies hereunder, shall be governed by the applicable statutory and common law of the State of Illinois. For the purpose of any litigation relative to this Agreement and its enforcement, venue shall be in the Circuit Court of Cook County, Illinois and the Parties consent to the in personam jurisdiction of said Court for any such action or proceeding. XII.ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Grantee and the Sub-Recipient for the use of funds provided by this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Sub-Recipient with respect to this Agreement. XIII.CAPTIONS: The captions at the beginning of the several paragraphs, respectively, are for convenience in locating the context, but are not part of the context. 19 286901_1 XIV.WAIVER: -Recipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. XV.EFFECTIVE DATE: This Agreement shall be deemed dated and become effective on the date that the Mayor and Village Clerk sign this Agreement which date shall be the date stated on the first page of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement. VILLAGE OF MOUNT PROSPECT: Northwest Compass, Inc. Arlene A. Juracek, Mayor Northwest Compass Inc., President Print Name ATTEST: ATTEST: _____________________________ M. Lisa Angell, Village Clerk Northwest Compass Inc., Secretary Print Name _____________________________ Date Date 20 286901_1