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HomeMy WebLinkAbout6. New Business 12/15/2015Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL J. CASSADY, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: DECEMBER 7, 2015 int SUBJECT: REQUEST FOR FACADE REBATE REIMBURSEMENT - EDIBLE ARRANGEMENTS -110 S. EMERSON STREET The Village has established the Fagade Rebate Program in the downtown Tax Increment Financing District that offers matching grants to businesses that make improvements to storefronts in the downtown district. The maximum Village contribution is $10,000 for retail establishments that generate sales taxes. Edible Arrangements has entered into a lease at 110 S. Emerson Street to operate their franchise in the downtown district. They have replaced the exterior signage, modified the plumbing and electrical systems and installed new flooring and lighting in the store. The total project costs were over $70,000. Edible Arrangements is seeking reimbursement for $10,000 of eligible expenses related to this project. The Village currently has funds budgeted in account # 022.40.90.00.0.710.636.007 (page 313 of the Budget) for the 2015 budget year. The program is funded by TIF funds and there are sufficient monies in that fund to support the request. Please forward this memorandum and attachments to the Village Board for their review and consideration at their December 15th meeting. Staff will be at that meeting to answer any questions related to this matter. William J. Cooney Jr. March 7, 2015 Darren Zheng / Edible Arrangements 110 S. Emerson St. Mt. Prospect, IL 60056 GENERAL PROVISIONS 17020 W. Tiger Tail Ct. Gurnee, IL 60031 • All work to be done in a clean, professional manner KRB to provide Certificate of Insurance to building owner • KRB to provide all necessary site protection (i.e. drop clothes, masonite board, plastic) • All debris to be hauled away by KRB • Permits are the responsibility of the Owner • HVAC, Sprinkler system modifications, bathroom, ceiling grid, and ceiling lighting are not included in this proposal PLUMBING • Saw -cut concrete floor as necessary for plumbing underground • Provide plumbing underground per drawings • Provide and install grease trap as required, $1,000 allowance • Patch all concrete flooring as required by plumbing installation • Provide plumbing supplies (hot & cold) per drawings (no plumbing in exterior walls) • Provide 30 gallon electric hot water heater w/ expansion tank • Provide and install Mop sink with faucet and vacuum breaker • Connect all faucets, sinks, and drains as required ELECTRICAL • Provide all electrical receptacles, switches, and connections per plans • Provide and install emergency lighting and exit signs as required • Provide disconnect for new hot water heater and walk-in cooler • Install track lighting, provided by owner, per plans • Provide and install low voltage wiring and connections as required • Provide punch -down panel in Office FLOORING • Demo existing flooring and dispose of • Level / Grind down entry area flooring, $750 allowance • Provide and install Quarry textures 6x6 tiles in production area and bathroom • Provide and install 12x12 tile in sales area • Grout all new tile • Provide and install vinyl baseboard throughout space WALLS • Demo and dispose of existing wine racking along all walls • Remove wall at rear of space to just below the ceiling line, per plans • Frame wall between sales and production area per plans • Frame wall for office • Frame in door at existing bathroom closet and create new doorway off production area • Insulate new walls w/ roxul sound batt. Insulation • Hang, tape, mud, & sand 5/8" drywall on new wall all the way to underside of roof • Patch and repair all drywall as required from electrical and plumbing work • Prime all walls • Provide and install Fiber Reinforced panels throughout the production area • Provide and install (1) dual swinging Eliason Corp. door w/ window and metal frame • Provide and install 2 solid core wood doors w/ metal frames and hardware (office & closet) • Paint metal frames, stain or paint wood doors • Paint sales area and office 2 coats Benjamin Moore regal classic eggshell paint, York Harbor Yellow • Paint accent wall 2 coats Benjamin Moore regal classic eggshell paint, Poppy CEILING • Remove and replace ceiling grid as required by construction of new walls • Provide and install new ceiling grid in office • Provide and install Vinyl coated gypsum ceiling tiles throughout space S 68,100.00 ALLOWANCES: Floor leveling $ 750 Grease Trap $ 1,000 All materials and workmanship are under warranty from defect for one year from the date of completion. We sincerely appreciate the opportunity to submit our proposal for this project and hope it merits your acceptance and approval. Please indicate your acceptance in the space provided and return one copy to our office. Respectfully submitted, Kevin Brooks President KRB Custom Homes, Inc. � Accepted by: Dated; ✓ �� %j Sign Pro, Inc. 7stI ate , 1,0074 60M F1ftiI3Vr[ rinnla�lke, CT 06470 , T064 f1k 00j,224 - lei 2 FAX:sIB84)273.1012 rGn►PRo wflb: frllpJhvrnv.e[gupro.Gsn cnn, P061-012 Crueled Dara: arlpf.0 is 5 36:13°,r1 Papered For: ka:WN. •mm� vn; mus 4155} Rio gin! Prca;x,�u it. ---.' Ceillac[: CIv;r517lWQL Cwn ar 8meil: ofRca Phone: pro) Cpn'OOGO Phone; WA xw: - F Erna& t 105;F;ti45a%'I 0a Aaaroae: 11C Sn4'h C TirxStr: 91roe1 iia go Cnnfro 'rWJnl tmmf, IL tMo"B pascripilgMt CUatom Channel Letters on a Raaaway fNanGty 8nglofaf PrCrt[rxf: Q�19iy+n i.. En.aq -7fl.g0 tisscripuon; Dos.�nPlmij'f0'IntlugeA•:Pr'a�Wjipep�Nl'.ted!HY.p1Y(dfieritllpfP:�PISro�idt�ndpum.11eGLmttab. 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Print- M6fluf iot lea - Install :• sorvide, Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL J. CASSADY, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: DECEMBER 2, 2015 SUBJECT: 701 N. WHEELING ROAD (03-35-200-070-1001) — CLASS 6B REQUEST Attached to this memorandum is a resolution that would grant approval of a Class 6b property tax incentive for Capannari's Inc. at 701 N. Wheeling Road in the Kensington Business Center. Capannari's Inc. has entered into a contract to purchase the 6,000 square foot building, subject to approval of the 6b incentive. Capannari's currently operates a production facility in DesPlaines and would move that operation over to the 701 N. Wheeling Road property if the Class 6b incentive is approved. The facility was formerly home to Senate Electric and has been vacant for over 19 months. The Village has granted several Cook County Class 6b tax incentives to attract and retain businesses. The 6b incentive reduces the assessment level for qualified manufacturing and warehouse/distribution facilities from 25% to 10% for the first 10 years, 15% for year 11 and 20% in year 12. After year 12, the assessment level returns to the full 25% for the benefitting property. Capannari's Inc. would employ 7 individuals at this location in addition to their retail location in downtown Mount Prospect. They are requesting the Class 6b abatement to reduce their property taxes to around $1.40 per square foot. If the abatement is not granted they estimate that their tax bill would be approximately $3.40 per square foot. Similar properties in nearby Lake and DuPage County range from $1 to $1.50 per square foot. Please forward this memorandum to the Village Board for their review and consideration at their meeting on December 15th. Staff will be present at that meeting to further discuss this matter. William J. Cooney Jr. RESOLUTION NO. A RESOLUTION IN SUPPORT OF CAPANNARI ICE CREAM, 701 WHEELING ROAD, MOUNT PROSPECT, MAKING APPLICATION FOR COOK COUNTY CLASS 6B PROPERTY TAX INCENTIVE WHEREAS, the Village of Mount Prospect encourages community development to provide for economic growth and career opportunities; and WHEREAS, through property tax incentives offered by Cook County, various opportunities exist for industrial properties to become established in Mount Prospect, Cook County; and WHEREAS, without the Cook County property tax incentives, the Village of Mount Prospect is at a competitive disadvantage with the neighboring counties of Lake and DuPage in attracting industrial development; and WHEREAS, Capannari Ice Cream has requested the Village of Mount Prospect to support their application for a Class 6B Property Tax Incentive at 701 Wheeling Road; and WHEREAS, the corporate authorities of the Village of Mount Prospect believe that their request is in the best interest of the economic development in the Village of Mount Prospect. 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 and Board of Trustees of the Village of Mount Prospect do hereby support and consent to the application for the Class 6B Property Tax Incentive from Cook County for the Property located at 701 Wheeling Road, and legally described as: Unit number 1 in the 601 E. Kensington Road condominium, as delineated on a plat of survey of the following tract of land: a tract of land being Lot 1 in the Arnah-Stone Subdivision of the North 644 feet of the West 450 feet of Section 35, Township 42 North, Range 11 East of the Third Principal Meridian, Cook County Illinois. Property Identification Number 03-35-200-070-1001 SECTION TWO: That the Village of Mount Prospect supports industrial growth, increased employment and economic development and this proposed development and the "property" is in furtherance of this goal. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of December, 2015. Arlene A. Juracek Mayor Deputy Village Clerk Page 2/2 E CRETA December 1, 2015 To Whom it may concern, pEC 1 215 `C��` y.S r.D.t•.M Capannari's Inc. is submitting the Class 6b Eligibility Application for the property at 701 N. Wheeling Rd., Mount Prospect Illinois. This property is currently owned by FirstMerit Bank and was vacated by Senate Electric in 2014. Capannari's is planning light production and distribution out of this location. However, the current property tax amount is considerably higher than some other nearby properties. Capannari's is currently looking at several other properties outside of Cook County. That being said, Capannari's would love to move their current warehouse, light production facility into Mt. Prospect and would certainly do so if the 6B is approved. If you have any questions please do not hesitate to call Ken or Katie Dix at (847) 392-2277. Thank you, Ken Dix Capannari's, Inc. 10 S. Pine Mt. Prospect, IL 60056 oA, c n A Q COOK COUNTY ASSESSOR'S OFFICE COOK COUNTY ASSESSOR is, 118 NORTH CLARK STREET, CHICAGO, IL 60602 JOSEPH B E R R I O S s. +x�; PHONE: 312.443.7550 FAx: 312.603.3352 e, N oyti V*M.COOKCOUNTYASSESSOR.COM CLASs 6b ELIGIBILITY APPLICATION Carefully review the Class 6b Eligibility Bulletin before completing this Application. For assistance, please contact the Assessor's Office, Development Incentives Department, (312) 603-7529. This application, a filing fee of $500.00, and supporting documentation (except drawings and surveys) must be filed as follows: This application must be filed PRIOR TO the commencement of New Construction or PRIOR TO the commencement of Substantial Rehabilitation Activities or PRIOR TO the commencement of Reoccupation of Abandoned Property. Applicant Information Name: tF ill r2 • �' S %+tit t Address: e City: 4i, . C, Is - CF . Telephone: & '� 7) j r� ) ` ; -17 7 State: I '- Contact Person (if different than the Applicant) Name: ken Z)ix Zip Code: 6 v 04-4 Company: 1" r G4--. ' , /#1 C • Telephone; () 341,j Address: is :� �'/h e City: tt'ri �. ����P�� State: /4 Zip Code: Email Address: f --c- v1 6)-r.", i� / s , Property Description (per PIN) If you are applying for more than three different PINs, please submit the additional PIN information in an attachment. Street address: (1) _70/ Al,�lA ee f, �� Permanent Real Estate Index Number: ^ .� +� a id /�oo/ (2) Permanent Real Estate Index Number: (3) Permanent Real Estate Index Number: City: ILIL Z. State: /`- Zip Code: 4 -cos -I6. Township: 01h ee- /i,ry Existing Class: -" 3 Attach legal description, site dimensions and square footage, and building dimensions and square footage. 1 of5 12/28/2010 Identification of Persons Having an Interest in the Property Attach a complete list of all owners, developers, occupants and other interested parties (including all beneficial owners of a land trust) identified by names and addresses, and the nature and extent of their interest. Industrial Use Attach a detailed description of the precise nature and extent of the intended use of the subject property, specifying in the case of multiple uses the relative percentages of each use. Include copies of materials, which explain each occupant's business, including corporate letterhead, brochures, advertising material, leases, photographs, etc. Nature of Development Indicate nature of the proposed development by checking the appropriate space [ ] New Construction (Read and Complete Section A) [ ] Substantial Rehabilitation (Read and complete Section A) Incentive only applied to market value attributable to the rehabilitation [ ] Occupation of Abandoned Property — No Special Circumstances (Read and complete Section B) (;L Occupation of Abandoned Property — With Special Circumstances (Read and complete Section C) A. If the proposed development consists of new construction or substantial rehabilitation, provide the following information: Estimated date of construction commencement (excluding demolition, if any): Estimated date of construction completion: Attach copies of the following: 1. Specific description of the proposed new construction or substantial rehabilitation. 2. Current plat of survey for subject property. 3. 1 st floor plan or schematic drawings. 4. Building permits, wrecking permits and occupancy permits (including date of issuance). 5. Complete description of the cost and extent of substantial rehabilitation or new construction (including such items as contracts, itemized statements of all direct and indirect costs, contractor's affidavits, etc.) 2 of5 12/28/2010 B. If the proposed development consists of the reoccupation of abandoned property, purchased for value, complete (1) and (2) below: 1. Was the subject property vacant and unused for at least 24 continuous months prior to the purchase for value? []YES []NO When and by whom was the subject property last occupied prior to the purchase for value? Attach copies of the following documents: (a) Sworn statements from persons having personal knowledge attesting to the fact and duration of vacancy and abandonment. (b) Records (such as statements of utility companies) which demonstrate that the property was vacant and unused and indicate duration of such vacancy. 2. Application must be made to Assessor prior to reoccupation: Estimated date of reoccupation: Date of purchase: Name of purchaser: Name of seller: Relationship of purchaser to seller: Attach copies of the following documents: (a) Sale contract (b) Closing statement (c) Recorded deed (d) Assignment of beneficial interest (e) Real estate transfer declaration C. If the applicant is seeking special circumstances to establish that the property was abandoned for purposes of the incentive where there was a purchase for value, but the period of abandonment prior to purchase was less than 24 continuous months, please complete section (1) below. If the applicant is seeking special circumstances to establish that the property was abandoned for purposes of the incentive where there was no purchase for value, but the period of abandonment prior to application was 24 continuous months or greater, please complete section (2) below. 1. How long was the period of abandonment prior to the purchase for value? 191non m J. When and by whom was the subject property last occupied prior to the purchase for value? , Seo -tom � CC'a7r 3 of5 12/28/2010 Attach copies of the following documents: (a) Sworn statements from person having personal knowledge attesting to the fact and duration of vacancy and abandonment. (b) Records (such as statements of utility companies) which demonstrate that the property was vacant and unused and indicated duration of such vacancy. (c) Include the finding of special circumstances supporting "abandonment" as determined by the municipality, or the County Board, if located in an unincorporated area. Also include the ordinance or resolution for the Board of Commissioners of Cook County stating its approval for the less than 24 -month abandonment period. Application must be made to Assessor prior to commencement of reoccupation of the abandoned property. Estimated date of reoccupation: Date of purchase: Name of purchaser: Name of seller: Relationship of purchaser to seller: Attach copies of the following documents: (a) Sale contract (b) Closing statement (c) Recorded deed (d) Assignment of beneficial interest (e) Real estate transfer declaration & Va.►✓arr 2. Was the subject property vacant and unused for at least 24 continuous months prior to the filing of this application? [ ] YES [ ] NO When and by whom was the subject property last occupied prior to filing this application? Attach copies of the following documents: (a) Sworn statements from persons having personal knowledge attesting to the fact and duration of vacancy and abandonment. (b) Records (such as statements of utility companies) which demonstrate that the property was vacant and unused and indicate duration of such vacancy. (c) Include the finding of special circumstances supporting "abandonment" as determined by the municipality, or the County Board, if located in an unincorporated area. Also include the ordinance or resolution for the Board of Commissioners of Cook County stating its approval for lack of a purchase for value. Application must be made to Assessor prior to commencement of reoccupation of the abandoned property. Estimated date of reoccupation: 4 Of j 12/28/2010 Employment Opportunities How many construction jobs will be created as a result of this development? How many permanent full-time and part-time employees do you now employ in Cook County? Full-time: �2 Part-time: 36 - How many new permanent full-time jobs will be created as a result of this proposed development? 3 How many new permanent part-time jobs will be created as a result of this proposed development? I 1 Cook County Living Wage Ordinance Applicant confirms that it has reviewed a copy of Chapter 34, Article IV, Division 1, of the COOK COUNTY LIVING WAGE ORDINANCE, Sec. 34-123, as amended. Please mark the appropriate blank below to indicate which statement applies to the applicant: X Applicant acknowledges that during the appeal process it must provide an affidavit to the Cook County Assessor's Office stipulating it is in compliance with the above referenced Living Wage Ordinance because applicant is currently paying a living wage to its employees. OR Applicant acknowledges that during the appeal process it must provide an affidavit to the Cook County Assessor's Office stipulating it is in compliance with the above referenced Living Wage Ordinance because applicant is not required to pay a living wage. Local Approval A certified copy of a resolution or ordinance from the municipality in which the real estate isl located (or the County Board, if the real estate is located in an unincorporated area) should accompany this Application. The ordinance or resolution must expressly state that the municipality supports and consents to this Class 6b Application and that it finds Class 6b necessary for development to occur on the subject property. If a resolution is unavailable at the time the application is filed, a letter from the municipality or the County Board, as the case may be, stating that a resolution or ordinance supporting the incentive has been requested may be filed with this application instead. If the applicant is seeking to apply based on the reoccupation of abandoned property and will be seeking a finding of "special circumstances" from the municipality, in addition to obtaining a letter from the municipality confirming that a resolution or ordinance supporting the incentive has been requested, the applicant must file a letter from the County Board confirming that a resolution validating a municipal finding of special circumstances has been requested. If, at a later date, the municipality or the County Board denies the applicant's request for a resolution or ordinance, the applicant will be deemed ineligible for the Class 6b incentive, whether or not construction has begun. In all circumstances, the resolution must be submitted by the time the applicant files an "Incentive Appeal". I, the undersigned, certify that I have read this Application and that the statements set forth in this Application and in the attachments hereto are true and correct, except as those matters stated to be on information and belief and as to such matters the undersigned certifies that he/she believes the same to tie true. Signature Date A&Al'vl�-oy !rl b�2� PrA Name Title 5 of5 12/28/2010 COOK COUNTY ASSESSOR JOSEPH BERRIOS cpak a4 �a COOK COUNTY ASSESSOR'S OFFICE e 118 NORTH CLARK STREET, CHICAGO, IL 60602 s , PHONE: 312.443.7550 FAx: 312.603.3616 '•� o�` t WWW.COOKCOUNTYASSESSOR.COM INCENTIVES CLASS LIVING LINAGE ORDINANCE AFFIDAVIT �` �? ✓��'��;:� as agent for the applicant set forth below, who is seeking a classification incentive as referenced below, I do hereby state under oath as follows: 1. As the agent for the applicant set forth below, I have personal knowledge as to the facts stated herein 2. The property identified by PIN(s) with commonly known address(es), listed in Exhibit A attached and herein incorporated, are/is the subject of a pending application enewal (circle as appropriate) for one of the following development incentives provided by the �e of Ordinances of Cook County, Chapter 74, Article 11, Division 2, The Cook County Real Property Assessment Classification Ordinance, Sec.74-60 et seq., as amended: Class 6b _ Class 8 (industrial property) Class 9 3. The Cook County Assessor's Office has issued the following control number regarding this application enewal (circle as appropriate), 4. 1 have reviewed the Code of Ordinances of Cook County, Cook County Living Wage Ordinance, as amended (the "Ordinance"), and certify that the applicant is in compliance with the above referenced Cook County Living Wage Ordinance, due to one of the following options (check as appropriate): Applicant is currently paying a living wage to its employees, as defined in the Ordinance. •; Applicant is not required to pay a living wage, pursuant to the Ordinance. urther affiant sayeth not. .gent's Signature Agent's Name & Title /0 S, " gip. ,sem ��C . �c _ x'47-363 - 75'03 gent's Mailing Addressbe rs C Agent's Telephone Number pplicant's Name Applicant's Mailing Address � y .F'_� r�� �' -� ems, ctvJs9l�r, I_ C ,,-x-, L SCA SEAL pplicant's e-mail adores �1IvIt ANWLL 4 P,:OTF#q'f r-'UKW, - STATE OF ILLINOIS AAY G:4'�I:r�?Alli E�PIR'E5,071I6117 ubscribed and sworn before me thisay of OFFIAFFIQr' - -' M LIML , gnats re of Notary i'Fic EXHIBIT A (Please type or Print) PIN(s) Common Address e- 1/30/15 T i a Mount Prospect 01(tinher q% Cmnnnrrce Mount Prospect Chamber of Commerce November 19, 2015 To Whom It May Concern: As the Executive Director of the Mount Prospect Chamber of Commerce, I can attest to the duration of vacancy and abandonment of 701 N Wheeling Road, MP. The building was vacated by the previous owner on or before May 14, 2014. Thank you. Dawn Fletcher Collins Executive Director Mount Prospect Chamber of Commerce 662 E. Northwest Hwy I Mount Prospect, IL 60056 1 (847) 398-6616 1 f: (847) 398-6780 1 dawn@mountprospectchamber.org Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL J. CASSADY, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: DECEMBER 7, 2015 61 SUBJECT: REQUEST FOR AMENDMENT OF ORDINANCE 6159 GRANTING ONE-YEAR EXTENSION OF A CONDITIONAL USE PERMIT FOR A DRIVE THROUGH AT 200 W. NW HIGHWAY — MOUNT PROSPECT STATION The petitioner for the Mount Prospect Station development has requested an amendment of ordinance 6159 to extend the approval of the conditional use permit for a drive through for a one-year period. The conditional use permit was approved by the Village Board on October 7, 2014 and has since expired. The conditional use permit granted approval for a drive through for the proposed Dunkin Donuts restaurant that would anchor the yet to be constructed Mount Prospect Station project at 200 W. NW Highway. The project has been delayed by several factors that are outlined in the attached letter from the petitioner. The petitioner had intended to begin construction earlier this spring and to have tenants occupying the retail spaces by now but that timeline has been pushed back by one year. If the Village Board approves the requested one-year extension, the petitioner intends to begin construction in the spring of 2016. Please forward this memorandum and attachments to the Village Board for their review and consideration at their December 15th meeting. Staff will be at that meeting to answer any questions related to this matter. - William J Cooney Jr Mr. Bill Cooney Community Development Director SOS. Emerson Street Mount Prospect, IL 60056 Re: Village Board Extension — 200 W. Northwest Highway Dear Bill, I am writing you to request Board Approval for a one year extension for our project at 200 W. Northwest Highway. We have been working diligently trying to get the project moving but have had some unforeseen obstacles along the way which have caused the delay. The list is many but the main reasons are as follows: 1. The closing was to take place right after we received our village approval on 10/7/14 and the seller did not have the demo completed which was part of the contract. 2. Seller while completing the demo uncovered a large heating oil tank. Tank was removed at the end of November and soil tests were taken by the sellers consultant supervised by the State Fire Marshall 3. Results of the soil tests were received in the middle of December with no contamination found. The bigger issue is that an NFR letter still had to be approved by the State which resulted in another round of negotiations with the seller to ensure we were receiving a clean property. 4. Closing took place at the end of February 2015. 5. The delayed closing put us behind in our planning as we did not complete our construction drawings until the end of April. The partners were not willing to advance any more cash for architecture and engineering fees until we knew the purchase was actually going to take place. 6. First round of bids came in at the end of May and the cost was 25% more than originally estimated. At that time we went out for another round of bids which were received at the beginning of July. Still did not have the NFR letter from the State. 7. Received the NFR letter in August and continued to do more planning. We now have numbers that make sense for the partnership to move forward and build the project that the Village Board and we wanted from the beginning. We had hoped to have this started last spring but as you can see there were a number of obstacles which have all been worked out. We look forward to completing the project and hope it's an asset to the downtown. All of the departments in the village (building, fire, engineering, community development) have bent over backwards to help us and we really appreciate the assistance. Let me know if you have any questions regarding our extension request. Sincerely, Scott A. Whisler 200 West Northwest Highway, LLC ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 6159 GRANTING A CONDITIONAL USE PERMIT TO OPERATE A DRIVE-THROUGH FOR PROPERTY LOCATED AT 200 WEST NORTHWEST HIGHWAY, MOUNT PROSPECT, ILLINOIS WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect, Illinois did adopt Ordinance No. 6159 entitled "An Ordinance Granting A Conditional Use Permit to Operate a Drive - Through for property located at 200 West Northwest Highway and legally described as: PARCEL 1: LOT 1 (EXCEPT THAT PART OF LOT 1 IN DESIDERATA SUBDIVISION IN SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 1 A DISTANCE OF 246.07 FEET; THENCE EAST ALONG A LINE THAT IS PERPENDICULAR TO THE WEST LINE OF SAID LOT 1 A DISTANCE OF 67.34 FEET; THENCE NORTHEASTERLY ALONG A LINE THAT IS DRAWN PERPENDICULAR TO THE SOUTHWESTERLY LINE OF LOT 1, A DISTANCE OF 65.76 FEET; THENCE EAST ALONG A LINE THAT IS DRAWN PERPENDICULAR TO THE WEST LINE OF SAID LOT 1, A DISTANCE OF 55.38 FEET TO THE MOST WESTERLY EAST LINE OF SAID LOT 1; THENCE NORTH ALONG, SAID EAST LINE TO THE NORTH LINE OF SAID LOT 1; THENCE WEST ALONG SAID NORTH LINE TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PARCEL 2: EASEMENT FOR WATER MAIN; THAT PART OF LOT 1 IN DESIDERATA SUBDIVISION IN SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE WEST LINE OF SAID LOT 1, SAID POINT BEING 246.07 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 1, THENCE EAST ALONG A LINE DRAWN PERPENDICULAR TO THE WEST LINE OF SAID LOT 1 A DISTANCE OF 67.34 FEET TO THE POINT OF BEGINNING OF THE PROPERTY INTENDED TO BE DESCRIBED; THENCE NORTHEASTERLY ALONG A LINE THAT IS DRAWN PERPENDICULAR TO THE SOUTHWESTERLY LINE OF SAID LOT 1, A DISTANCE OF 10.0 FEET; THENCE NORTHWESTERLY A DISTANCE OF 84.35 FEET TO A POINT ON THE WEST LINE OF SAID LOT 1, SAID POINT BEING 84.45 FEET NORTH OF THE SOUTHWEST CORNER OF SAID LOT 1; THENCE SOUTH ALONG SAID WEST LINE, 11.68 FEET; THENCE SOUTHEASTERLY 78.72 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, IL. PARCEL 3: EASEMENT FOR INGRESS AND EGRESS: THAT PART OF LOT 1 IN DESIDERATA SUBDIVISION IN SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 1, SAID POINT BEING 22.0 FEET NORTH OF THE SOUTHWEST CORNER OF SAID LOT 1; THENCE EAST ALONG A LINE DRAWN PERPENDICULAR TO SAID WEST LINE A DISTANCE OF 72.93 FEET; THENCE NORTHEASTERLY ALONG A LINE DRAWN PERPENDICULAR TO THE SOUTHWESTERLY LINE OF SAID LOT 1 A DISTANCE OF 77.49 FEET; THENCE WEST ALONG A LINE DRAWN PERPENDICULAR TO THE WEST LINE OF SAID LOT 1 A DISTANCE OF 21.39 FEET; THENCE SOUTHWESTERLY ALONG A LINE DRAWN PERPENDICULAR TO THE SOUTHWESTERLY LINE OF SAID LOT 1 A DISTANCE OF 50.50 FEET; THENCE WEST ALONG A LINE DRAWN PERPENDICULAR TO THE WEST LINE OF SAID LOT 1, A DISTANCE OF 60.07 FEET TO A POINT ON THE WEST LINE OF SAID LOT 1, SAID POINT BEING 45.0 FEET NORTH OF THE SOUTHWEST CORNER OF SAID LOT 1; THENCE SOUTH ALONG SAID WEST LINE 23.0 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, IL. Property Index Number 08-12-100-013-0000; and WHEREAS, 200 West Northwest Highway LLC ("Petitioner'), is requesting an extension of the zoning approval granted by Ordinance No. 6159 by the Mayor and Village Board at their regular meeting on October 7, 2014; and WHEREAS, the Petitioner plans to complete the project and is seeking to renew the zoning approval to operate the drive-through at 200 West Northwest Highway; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect find that it is in the best interests of the Village to grant the Petitioner's request to extend the effective date for Conditional Use. NOW, THEREFORE, BE IT ORDAINED 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: That the recitals set forth hereinabove are incorporated herein as findings of fact by the Mayor and Board of Trustees of the Village of Mount Prospect. SECTION TWO: Ordinance No. 6159, is hereby amended to extend the effective date of the Conditional Use Permit to Operate a Drive -Through to October 7, 2016. SECTION THREE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this, day of, 2015. Arlene A. Juracek Mayor ATTEST: Deputy Village Clerk H:\CLKO\files\WlWORDINANC\amendCon Use 200 West NW Highway Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL CASSADY FROM: ASSISTANT VILLAGE MANAGER DATE: DECEMBER 8, 2015 SUBJECT: RENEWAL OF INTERGOVERNMENTAL AGREEMENT — O'HARE NOISE COMPATIBILITY COMMISSION Attached for Village Board consideration and approval is an intergovernmental agreement that extends the Village's membership with the commission for another five years. This agreement is between the Village and the City of Chicago. The City of Chicago is the main sponsor for the commission and provides the funding for the commission's operations. The Village has participated in the Commission since the mid- 1990s and has also actively participated in technical and residential sound committees in the past. The Village has never been eligible for any sound proofing funds because the contours do not extend into the Village and the contours have actually shifted and shrank significantly with the addition of the new runways. The minimum sound proofing level has to reach 65 decibels for a Day Night Level Average (DNL) to be considered for soundproofing funds. Also, Mayor Juracek is the current chairperson of the Commission which continues to reflect the neutral expertise that Village participation has represented over the years with the Commission with mayoral and staff involvement in the commission. The approval of this agreement will continue the Village's involvement in the Commission until December 31, 2020. DAVID STRAHL H:\VILM\NOISE\OHare\IGA VB Approval Memo 2015-2020.docx RESOLUTION NO. A RESOLUTION AUTHORIZING AN AMENDMENT OF THE INTERGOVERNMENTAL AGREEMENT RELATING TO THE O'HARE NOISE COMPATIBILITY COMMISSION WHEREAS, the City of Chicago is a home rule municipality pursuant to Article VII, Section 6 of the 1970 Illinois Constitution (the "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 O'Hare 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 IL,CS 220), the City entered into an Intergovernmental Agreement Relating to the O'Hare Noise Compatibility Commission (the "Intergovernmental Agreement") by and among the City and various municipalities and public school districts (as defined in the Intergovernmental Agreement, "Participants"); and WHEREAS, the O'Hare Noise Compatibility Commission ("ONCC") was established pursuant to the Intergovernmental Agreement and provides a common forum for interested parties to have a voice in noise issues related to the Airport; and WHEREAS, by its terms, the Intergovernmental Agreement became effective in November of 1996 and the term was extended from December 31, 2015 to December 31, 2020, and WHEREAS, ONCC has indicated a desire to approve the extension of the Intergovernmental Agreement; and WHEREAS, the Village of Mount Prospect is currently a member of the O'Hare Noise Compatibility Commission; and WHEREAS, the City of Chicago approved the extension of the Intergovernmental Agreement which is attached to this Resolution as "EXHIBIT A" NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1. That the recitals set forth herein above are incorporated herein by reference as the factual basis for this transaction. SECTION 2. That the Mayor is hereby authorized to execute, and the Clerk attest the approval of the attached Intergovernmental Agreement relating to the O'Hare Noise Compatibility 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: PASSED and APPROVED on this 15th day of December, 2015 Arlene A. Juracek, Mayor ATTEST: M. Lisa Angell, Village Clerk INTERGOVERNMENTAL, AGREEMENT RELATING TO THE O'HARE NOISE COMPATIBILITY COMMISSION This agreement, effective January 1, 2016, succeeds the agreement authorized by the Chicago City Council on September 10, 2014, which expired under its own terms on December 31, 2015. It 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; (c) advise the City concerning O'Hare - related noise issues; and (d) provide a forum for direct citizen engagement. Section 2. 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 3.C. of this Agreement, 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. "' &,(W b-1 � , "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 be voluntary on the part of the relevant property owner. "O'Hare " means Chicago O'Hare International Airport. "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, Bloomingdale, Des Plaines, Downers Grove, Elmwood Park, Franklin Park, Hanover Park, Harwood Heights, Hoffman Estates, Itasca, Maywood, Melrose Park, Morton Grove, 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 Elk Grove, Leyden, Maine, and Norwood Park Townships in Cook County and the unincorporated areas of Addison Township in DuPage County; (iii) School 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 6.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 six (6) 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") as set forth in Section 3.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 2 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. Section 3. 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 Elk Grove, Leyden, Maine, 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) 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, 2015, or pursuant to Section 6.G. of this Agreement, 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 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 the Executive Director 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 shall establish a schedule of regular meetings in accordance with its by-laws, and a special meeting may be called by the City or any five members of the O'Hare Commission upon at least seven days' written notice to the City, each Participant, and each Advisory Member. Section 4. O'Hare Commission Powers and Duties. A. The O'Hare Commission shall have the following duties and powers: (1) By vote of a majority of its members, 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 such plan or any subsequent revision proposed by the City to the FAA without allowing the O'Hare Commission 60 days to review it and submit written recommendations to the City for consideration. (4) The O'Hare Commission may request and, except as set forth below, the City shall provide 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 by the City related to airport noise mitigation related to O'Hare. Such requests may not impose an undue burden upon the City or interfere with its operations. In such circumstances, the City shall extend to the O'Hare Commission an opportunity to confer with it in an attempt to reduce the request to manageable proportions. (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 FAA radar data for O'Hare and/or Chicago Midway International Airport ("Data") 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, or 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 4 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 an annual expense budget for each fiscal year. The O'Hare Commission's expense budget shall be adopted at least 30 days prior to the commencement of each such fiscal year. The O'Hare Commission's expense budget shall be funded by the City and any grants received pursuant to Section F of Appendix A of this Agreement, following the evaluation and approval by the City of the proposed budget request. (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 and in Appendix A of this Agreement. Section 5. Term of Agreement. A. This Agreement shall be effective January 1, 2016, and shall terminate on December 31, 2020, 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, R the failure of its authorized representative or designee 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, 2016, 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 6. Miscellaneous. A. All notices hereunder shall be in writing and shall be given as follows: If to the City, to: Commissioner of Aviation Chicago Department of Aviation 10510 W. Zemke Road Chicago, IL 60666 Tel.: (773) 686-8060 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 addresses and telephone numbers as they may provide to the O'Hare Commission. Participants may provide an e-mail address for purposes of receiving notices. All notices shall be effective upon receipt by U.S. mail or e-mail. 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 6 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 O'Hare 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. Appendix A is 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, 2016, 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, 2016, 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 3.E. of this Agreement and (ii) execution of a counterpart of this Agreement. H. The approval of the City and two-thirds of the Participants shall be required to amend this Agreement. Notice of any proposed amendment shall be transmitted 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 be effective on all parties hereto when counterparts are executed by the City and two-thirds of the Participants. OA Executed as of this day of , 2015. CITY OF CHICAGO Commissioner Chicago Department of Aviation (Name of Governmental Unit or Other Entity) Authorized Officer Address: Ik Mount Pmspc Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: MICHAEL J. CASSADY, VILLAGE MANAGER FROM: FINANCE DIRECTOR DATE: DECEMBER 9, 2015 SUBJECT: WATER AND SEWER RATE INCREASE AND SEWER CONSTRUCTION FEE EXTENSION PURPOSE: To present for the Board's consideration an ordinance increasing the Village's combined water and sewer utility rate. The ordinance will also permit for the continuation of the sewer construction fee established to support the combined sewer project. BACKGROUND: The Village continues to follow the practice of approving moderate annual increases to the combined water and sewer rate, as opposed to implementing large increases periodically. The 2015 Budget includes a 5.0% increase in this combined rate. Adjustments to the utility rate in recent years have ranged from 9.0% to 9.5% in response to the series of significant rate increases imposed by the City of Chicago. The four-year rate schedule from the Chicago that commenced in 2012 reflected annual increases of 25% in year one and 15% for years two through four. Future increases in the cost of water purchased from Chicago are expected to range between 4.0% and 5.0%. DISCUSSION: The following table illustrates the recommended rates as reflected in the proposed ordinance. Inside Village Current Rate Per 1,000 Gallons Proposed Rate Per 1,000 Gallons Percent Change Water $8.34 $8.84 6.0% Sewer $1.71 $1.71 0.0% Combined $10.05 $10.55 5.0% Outside Village Current Rate Per 1,000 Gallons Proposed Rate Per 1,000 Gallons Percent Change Water $16.68 $17.68 6.0% Sewer $1.71 $1.71 0.0% Combined $18.39 $19.39 5.4% For sewer users not connected to the Village's water system, whether located inside or outside the Village, the monthly charge per dwelling unit does not change from the current rate of $4.58. Water and Sewer Rate Increase/Sewer Construction Fee Extension December 9, 2015 Page 2 A monthly sewer construction fee of $5.00 is charged on each water and sewer utility customer. The fee was intended to cover the cost of the 10 -year, multi-million dollar combined sewer lining program that was initiated in 2005. The sewer construction fee is set to expire on December 31, 2015. A recent review of the combined sewer system in town indicates the need to continue this lining program. Earlier this year, Public Works re-examined over 200,000 linear feet of combined sewer mains utilizing closed circuit television cameras. The condition of pipe examined in these observations was assessed by a professional engineer. This analysis revealed that much of the combined sewer pipe previously thought to be in good condition had degraded to poor condition since 2005. In short, this combined sewer study identified over $15 million worth of new sewer rehabilitation work. These findings were presented to the Village Board at the August 11, 2015 Committee of the Whole meeting. It was the consensus of the Village Board at this meeting that combined sewer rehabilitation work identified in the 2015 study should continue. To help fund this work, the Village Board also endorsed deleting the December 31, 2015 sunset on the sewer construction fee. Based on the proposed utility rate structure, if a Mount Prospect household uses 8,000 gallons of water during a one-month period, their monthly water and sewer usage fee would be $89.40. This is an increase of $4.00 from the current rate. No increase is being proposed for the monthly availability charge assessed customers outside of Special Service Area No. 5. For most customers, those with a 5/8" water line, the charge will remain at $10.00. RECOMMENDATION: It is recommended the Village Board approve the attached ordinance deleting the December 15, 2015 sunset on the sewer construction fee and increasing the water and sewer utility rate effective for bills rendered on or after January 1, 2016. David O. Erb Finance Director hWater & Sewer\2016 Water Rate Increase\Board Memo - December 2015.docx ORDINANCE NO. AN ORDINANCE TO AMEND WATER RATES SET FORTH IN APPENDIX A, DIVISION II OF THE VILLAGE CODE NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Section 22.504.2 entitled "Water Rates" of Appendix A, Division II of the Village Code, as amended, is hereby further amended in its entirety; so that hereinafter said Section 22.504.2 of Appendix A, Division II shall be and read as follows: " Sec. 22.504.2 WATER RATES: A. All village users within the village, having a direct or indirect connection with village water mains or pipes: $8.84 per 1 ,000 gallons of water consumed or portion thereof. All village users outside the corporate limits of the village having a direct or indirect connection with village water mains or pipes: $17.68 per 1,000 gallons of water consumed or portion thereof. All village users located outside the boundaries of Special Service Area Number 5 shall pay an additional monthly availability charge based upon the size of the water meter as follows: 5/8 inch meter $ 10.00 3/4 inch meter $ 15.00 1 inch meter $ 30.00 1-1/2 inch meter $ 50.00 2 inch meter $ 90.00 3 inch meter $150.00 4 inch meter $250.00 6 inch meter $475.00 8 inch meter $990.00 B. Hook-up charge for water furnished by the truckload: $10.00." SECTION TWO: That the fees set forth in this Ordinance shall be applied to all water bills rendered on or after January I, 2016. 357614_1 SECTION THREE: That paragraph B "Expiration" to Section 9.507.1 entitled "Sewer Construction Fee" of Article V "Sanitary Sewer System" of Chapter 9 "Public Utilities, Pavement and Tree Regulations" of the Village Code, as amended, be deleted in its entirety. SECTION FOUR: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: ABSTAIN: PASSED AND APPROVED this day of , 2015. Arlene A. Juracek, Mayor ATTEST: M. Lisa Angell, Village Clerk 357614_1 Village of Mount Prospect TM.MFk.S f Community Development Department MEMORANDUM TO: MICHAEL J. CASSADY, VILLAGE MANAGER FROM: JANET SAEWERT, NEIGHBORHOOD PLANNER DATE: NOVEMBER 23, 2015 SUBJECT: RESOLUTIONS AUTHORIZING EXECUTION OF AGREEMENTS BETWEEN THE VILLAGE AND CDBG SUB -RECIPIENTS Mount Prospect is classified as an entitlement community and receives an annual allocation of Community Development Block Grant (CDBG) funding from the Department of Housing and Urban Development (HUD). HUD requires the Village to submit a 5 -year Consolidated Plan which identifies community development needs, strategies to address those needs, and an annual Action Plan which outlines how we will use our CDBG allocation to benefit our low- and moderate -income residents. On July 21, 2015 the Village Board approved Resolution No. 27-15, "A Resolution Approving the 2015-2019 Consolidated Plan including the 2015 Program Year (PY) Action Plan for the Community Development Block Grant Entitlement Program". Based on our PY2015 Funding Agreement with HUD, the Village of Mount Prospect allocation for PY2015 is $256,919. Our PY2015 budget, comprised of our allocation, program income and carry-over funds, provides funding for several public service agencies that deliver 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 PY2015 CDBG Action Plan and are indicated in parentheses. ■ Northwest Compass Inc. — Emergency Housing Program ($13,000) ■ Journeysl The Road Home ($13,000) ■ WINGS ($9,000) ■ Children's Advocacy Center ($2,000). ■ Life Span ($3,000) ■ Northwest CASA ($4,000) ■ Resources for Community Living ($4,000) • SPHCC- Access to Care ($4,000) ■ Community Connections Center ($3,000) ■ Search Inc.- Group Home Rehab ($20,000) • Northwest Compass Inc. — Facility Rehab ($10,000) Please forward this memorandum and attached resolutions to the Village Board for their review and consideration at their December 15, 2015 meeting. Staff will be present at the meeting to answer any questions related to this matter. I concur: �k�, �� William J. Cooney, AI P Director of Communi Development \\Vfl\vh 1 hcd$\PLAN\CDBGNemos\2015PY\PY2015 Resolution Memo to Board.docx 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 President 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 a new entry door system and interior modifications, improving energy efficiency and accessibility 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 PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President 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: PASSED and APPROVED this 15th day of December 2015. Arlene Juracek Mayor ATTEST: M. Lisa Angell Village Clerk J:\Projects\Agenda Packets\2015\VB\December 15\CDBG resolution NW Compass Rehab PY2015 (2).docx 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 President 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 PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President 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: PASSED and APPROVED this 15th day of December 2015. Arlene Juracek Mayor ATTEST: M. Lisa Angell Village Clerk JAProjects\Agenda Packets\2015\VB\December 15\CDBG resolution NW Compass Em Hsg PY2015 (2).docx 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 President 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 PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President 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: PASSED and APPROVED this 15th day of December 2015. Arlene Juracek Mayor ATTEST: M. Lisa Angell Village Clerk JAProjects\Agenda Packets\2015\VB\December 15\CDBG resolution Life Span PY2015 (2).doc RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND JOURNEYS I 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 President and Board of Trustees of the Village of Mount Prospect that Journeys I 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 I 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 PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President 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 I 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: PASSED and APPROVED this 15th day of December 2015. Arlene Juracek Mayor ATTEST: M. Lisa Angell Village Clerk JAProjects\Agenda Packets\2015\VB\December 15\CDBG resolution Journeys the Road Home PY2015 (2).docx 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 President 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 PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President 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: PASSED and APPROVED this 15th day of December 2015. Arlene Juracek Mayor ATTEST: M. Lisa Angell Village Clerk J:\Projects\Agenda Packets\2015\VB\December 15\CDBG resolution Resources for Community Living PY2015 (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 President 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 PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President 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: PASSED and APPROVED this 15th day of December 2015. Arlene Juracek Mayor ATTEST: M. Lisa Angell, Village Clerk J:\Projects\Agenda Packets\2015\VB\December 15\CDBG resolution Access to Care PY2015 (2).doc RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND CHILDREN'S ADVOCACY CENTER WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the President and Board of Trustees of the Village of Mount Prospect that the Children's Advocacy Center, shall provide immediate support and crisis intervention to child victims of sexual assault and their families, who are residents of Mount Prospect; and WHEREAS, the program proposed by the Children's Advocacy Center and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low and moderate -income persons. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and Children's Advocacy Center, a copy of which Agreement is attached 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: PASSED and APPROVED this 15th day of December 2015. Arlene Juracek Mayor ATTEST: M. Lisa Angell Village Clerk J:\Projects\Agenda Packets\2015\VB\December 15\CDBG resolution Children's Advocacy PY2015 (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 President 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 PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President 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: PASSED and APPROVED this 15th day of December 2015. Arlene Juracek Mayor ATTEST: M. Lisa Angell Village Clerk C:\Users\Kagorano\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\FA4GD391\CDBG resolution NWCASA PY2015 (2).docx 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 President 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 PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President 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: PASSED and APPROVED this 15th day of December 2015. Arlene Juracek Mayor ATTEST: M. Lisa Angell Village Clerk JAProjects\Agenda Packets\2015\VB\December 15\CDBG resolution WINGS PY2015 (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 President and Board of Trustees of the Village of Mount Prospect that Search Inc. operates community—based group homes for adults with developmental and intellectual disabilities (referred to as the "Supported Living Program") and has applied for CDBG funds to renovate an existing bathroom to make it more accessible, 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 PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the President 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: PASSED and APPROVED this 15th day of December 2015. Arlene Juracek Mayor ATTEST: M. Lisa Angell Village Clerk J:\Projects\Agenda Packets\2015\VB\December 15\CDBG resolution Search Inc PY2015 (2).docx AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND NORTHWEST COMPASS, INC. (F.K.A. THE CEDA NORTHWEST SELF-HELP CENTER, INC.) FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING PROGRAM THIS AGREEMENT (referred to as the "Agreement") is entered into this day of , 2015, by and between the Village of Mount Prospect, an Illinois home rule municipal corporation (referred to as the "Grantee") and Northwest Compass, Inc., a not-for- profit Illinois corporation, (referred to as the "Sub-Recipient")(Sometimes referred to individually as "Party" and collectively as "Parties"). WHEREAS, the Grantee has applied for and received Community Development Block Grant (referred to as "CDBG") funds from the United States Department of Housing and Urban Development (referred to as "HUD") 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 HUD's CDBG program requirements: The Sub -Recipient will operate a program to assist individuals with transitional housing, rent assistance and housing counseling (referred to as the "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 Agreement, will meet one or more of the following National Objectives (the "National Objectives") for CDBG programs, as defined in 24 CFR Part 570.208: 1. Benefit Low/Moderate Income Persons; 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/MONTH 115/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, published by HUD's 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. H. TIME PERFORMANCE Services of the Sub -Recipient shall start on October 1, 2015 and end on September 30, 2016. 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 by the Grantee under this Agreement shall not exceed $13,000 (referred to as the "Grant Funds"). Payments may be contingent upon certification of the Sub -Recipient's financial management system in accordance with the standards specified in 24 CFR 84.21. A. Payment Procedures 286901_1 2 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 -Recipient's 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 -Recipient's 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 program income and interest, and may be referred to as the "funds provided by this Agreement." IV. REPORTING A. Progress Reports The Sub -Recipient shall submit a Quarterly Report 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. Client's address; and 3. Type of service used by each client. The Parties may mutually agree on more frequent reporting, if appropriate. 286901_1 3 V VI. B. Final Report A Final Report shall accompany the Sub -Recipient's final billing. This report will highlight the accomplishments of the Program for the fiscal year, from October 1, 2015 to September 30, 2016, 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 shall be due on or before October 15, 2016. 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. 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 Mr. William J. Cooney, Jr. Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 (847) 818-5328 Fax: (847) 818-5329 Sub -Recipient Mr.LeRoy Messenger Executive Director Northwest Compass, Inc. 1300 W. Northwest Hwy Mount Prospect, IL 60056 (847) 392-2344 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. 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 -Recipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604 and 2) the Sub -Recipient does not assume the recipient's responsibility for initiating the 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 286901_1 4 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. "Independent Contractor" 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 -Recipient shall at all times remain an "independent contractor" with respect to the 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 Workers' Compensation Insurance as the Sub -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 (referred to as the "Indemnitees") 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. Worker's Compensation The Sub -Recipient shall provide Workers' Compensation Insurance coverage for all of its 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. 286901_1 5 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 tion 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, and approved by the Grantee's governing body. Such 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, and approved by the Grantee's governing body. 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: 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 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 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 Office of Management and Budget's (referred to as "OMB") Circulars A-122, "Cost Principles for Non -Profit Organizations" or A-21 "Cost Principles for Educational Institutions," as applicable. These principles shall be applied to all costs incurred whether charged on a direct or indirect basis. B. Documentation and Record -Keeping 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 286901_1 g. Other records necessary to document compliance with Subpart K of 24 CFR 570. 2. Income Eligibility Eligible households must have income below those noted in HUD's Fiscal Year 2014 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. The term "household" means "all persons occupying a housing unit. The occupants 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 status." See 24 CFR Part 570.3. 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. 286901_1 8 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 directly connected with the administration of the Grantee's or Sub -Recipient's 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 -Recipient's obligation to the Grantee shall not end until all close-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. Availabilitv of Law. Regulations and Orders 286901_1 9 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 htlp://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 htlp://www.g=po._og v/fdsys/pkg/CFR-2004-title24-voll/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 -Recipient's control that was acquired or 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 286901_1 10 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"), 24 CFR Part 6; 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 511-101 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 286901_1 11 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 HUD's Program website at http://Portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal opp/disa bilities/sect504fag. B. Affirinative Action 1. Approved Plan The Sub -Recipient agrees that it shall be committed to carry out pursuant to the Grantee's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. To the extent required by that Order, i.e., service and supply contractors with 50 or 286901_1 12 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 business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms "small business" means a business that meets the criteria set for in Section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (5 1) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-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 worker's representative of the Sub -Recipient's commitments hereunder, and shall 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 IKA, Civil Rights, and B, Affirmative Action, of this Agreement in every subcontract or purchase order, 286901_1 13 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. "Section 3" Clause 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 286901_1 14 any of the Sub -Recipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Sub -Recipient and any of the Sub -Recipient's 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 -Recipient further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed 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 located." 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. 286901_1 15 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 worker's representative of its commitments under the Section 3 clause and 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 Assi_ng ability The Sub -Recipient shall not assign or transfer any interest in this Agreement without the prior written approval of the Grantee's Village Manager 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 286901_1 16 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 this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Sub -Recipient, or any designated public agency. 286901_1 17 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, "Disclosure Form to Report Lobbying," in accordance with its 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 570.2000), such as worship, religious instruction, or proselytization. 7. Reversion of Assets 286901_1 18 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 -recipient's control that was acquired or improved in whole or in part with 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. 286901_1 19 XIV. WAIVER: The Grantee's failure to act with respect to a breach by the Sub -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 Arlene Juracek, Mayor ATTEST: Lisa Angell, Village Clerk Date 286901_1 20 Northwest Compass, Inc. Northwest Compass Inc., President Print Name ATTEST: Northwest Compass Inc., Secretary Print Name Date