HomeMy WebLinkAbout5. NEW BUSINESS 05/19/2009
Mount~
INTEROFFICE MEMORANDUM
Village of Mount Prospect
Mount Prospect, Illinois
TO: ASSISTANT VILLAGE MANAGER DAVE STRAHL
FROM: IT DIRECTOR
DATE: MAY 8.2009
SUBJECT: REQUEST FOR APPROVAL OF INTERGOVERNMENTAL AGREE
The Village has budgeted to increase I nternet bandwidth for Village offices. Extending the Village's
computer network to the Community Connections Center has made this project a priority. The
Library has a fiber connection for Internet and has offered to share bandwidth with the Village.
Village staff is seeking approval to enter into an intergovernmental agreement with the Library to
utilize the shared Internet bandwidth.
Backoround
The Village has had a T1 connection (1.54 Mbps) for Internet access'since 1998. Since then
Internet usage has increased dramatically for training, research; purchasing, taking in payments,
downloading software, collaboration, and much more. The Library currently has a 20 Mbps AT&T
Opt-E-Man [fiber] circuit. Both the Library and the Village use Illinois Century Network (ICN) as their
Internet provider and AT&T for connectivity to the Internet
The Community Connections Center will be an extension of both the Library's and Village's
computer networks utilizing virtual private networks (VPNs) for each. The Village's IP phone system
will also be extended across the VPN to provide phone service at the Center. For the Village, all
network traffic from the Center will come directly back to Village Hall to access servers or to the
Internet. The additional traffic for the remote phones and Village PCs at the Center will place an
additional load on the existing overburdened bandwidth. Without the increased bandwidth there
would be limited functionality forlP phones at the Center.
-
Physically, the Library's fiber connection comes from Emerson Street to the Mechanical Room on
the lower level of the parking deck, and then to the AT&T router in the Library's server room. (For a
diagram see Exhibit B of the attached agreement.) The router is AT&T's endpoint and cannot be
easily moved. Therefore the Library will run an additional fiber line from the AT&T router back to a
patch panel in the Mechanical Room. The Village will then run a fiber line from the patch panel in
the Mechanical Room to the Village's Server Room.
Aoreement
The Library and Village staff members and their respective legal council have worked out the details
set forth in the Intergovernmental Agreement. The Library will hold the contract with AT&T. The
Village will contact the Library for related support issues and, in turn, the Library will contact AT&T.
The Library is responsible for the equipment from AT&T, for the fiber from the Library Server Room
8
Request for Approval of Intergovernmenal Agreement
May 8, 2009
Page 2
to the Mechanical Room, and for the patch panel in the Mechanical Room. The Village is
responsible for the fiber from the Mechanical Room to the Village Server Room.
Costs
Internet service from ICN is billed separately from the AT&T connection. The Village is currently
paying $310 per month to ICN for Internet service and $331.78 per month to AT&T for the T1. The
A T& T contract for the -T1 is in effect until October 2011. The Village wishes to keep the T1 as a
backup, at a $55 per month port charge from ICN plus $331.78 per month from AT&T. 10 Mbps of
bandwidth from ICN for Village Internet will cost $1265 per month. Also, per the agreement with the
Library, the Village would pay one half of the AT&T circuit charges, which comes to $612.50 per
month. See Table 1 below for a cost summary.
Effectively the Internet bandwidth would increase by 5 ~ times at a cost increase of 2 ~ times,
significantly increasing the overall Internet speed forVillage users. Additionally this would allow the
Village phone system to be extended to the Community Connections Center, instead of purchasing
a separate phone system.
Table 1 - Chanae in Monthly CharQes
Existing T1 Proposed Opt-E-Man (10 Mbps) Difference
(1.54 Mbps) Fiber T1 backup Total
AT&T $331.78 nla $331.78 $331.78 0
Library nla $612.50 nla $612.50 $612.50
ICN $310 $1265 $55 $1320 $1010
Total $641.78 $1877.50 $386.78 $2264.28/month $1622.50/month
$27,171.36/year $19,470/vear
The Library has their own vendor to run fiber cable from their Server Room to the Mechanical Room
for an estimated cost of $2397. Advent Systems, Inc. has provided a quote to the Village to install
the fiber from the Mechanical Room to the Village's Server Room for $2358. Public Works will
install the conduit for the Village's section.
Recommendation
I recommend that the Village enter into the intergovernmental agreement with the Library for the
purpose of sharing Internet bandwidth. Additionally I request approvalto purchase the improved
services from the Library at $612.50/month and from ICN at $1320 Imonth. This will provide the
Village with a much needed increase in bandwidth. This will not only accommodate a growing need
for Internet connectivity, but will also provide network and telephone connectivity for the Community
Communications Center.
~~
Joan Middleton
IT Director
Attachment
c: Michael Dallas
I:\VB Request Memos\2009 Library Internet IGA.doc
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE VILLAGE OF MOUNT PROSPECT
TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE
MOUNT PROSPECT PUBLIC LIBRARY
WHEREAS, the Village of Mount Prospect is a home rule municipality and pursuant to the Illinois
Constitution, Article VII, Section .has certain powers which it is exercising; and
WHEREAS, Section 10 of Article VII of the Constitution of the State of Illinois and the
Intergovernmental Cooperation Act at ILCS 220/1 et.seq. allow and encourage intergovernmental
cooperation; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect has deemed
that the best interests of the Village may be served by entering into intergovernmental
agreements; and
WHEREAS, the Village of Mount Prospect and the Mount Prospect Public Library agree that it
would be in the best interests. of the citizens to allow the Village of Mount Prospect to enter into
an Intergovernmental Agreement for shared use of a fiber-optic circuit and related services.
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 and Board of Trustees of the Village of Mount Prospect are
hereby authorized to execute the Intergovernmental Agreement which is attached to this
Resolution as Exhibit "A."
SECTION TWO: That this Resolution shall be in full force and effective from and after its
passage and approval in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this th day of May, 2009.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H:\CLKO\WIN\RESOLUTION\Resolution for Intergovernmental AgreementMPLlBRARYFIBEROPTICMA Y2009.doc
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE VILLAGE OF MOUNT PROSPECT AND THE MOUNT PROSPECT
PUBLIC LmRARY FOR SHARED USE OF A FmER-OPTIC CIRCUIT
This Intergovernmental Agreement ("Agreement") is made and entered into this
day of , 2009 (the "Effective Date"), by and between the Village of Mount
Prospect (the "Village"), an Illinois Home Rule Municipal Corporation, and the Mount Prospect
Public Library (the "Library"), an Illinois Village Public Library (collectively, the "Parties"
and each, a "Party").
WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 and the
Intergovernmental Cooperative Act, 5 ILCS 220/1 et seq., authorize public agencies to contract
or otherwise associate among themselves to obtain or share services, and to exercise, combine or
transfer any power or function, in any manner not prohibited by law; and
WHEREAS, the Village and the Library are "public agencies" as defined In the
Intergovernmental Cooperative Act, 5 ILCS 220/1 et seq.; and
WHEREAS, the Boards of Trustees of the Village and the Library find it in the public
interest to share use of a fiber-optic circuit and related services; and
WHEREAS, the Library has contracted with a certain telecommunications servIce
provider (the "TSP") to obtain the fiber-optic circuit and related services; and
WHEREAS, the Village has agreed to reimburse the Library for certain of the costs
related to the fiber-optic circuit and related services.
NOW, THEREFORE, in consideration of the premises set forth above, which are
incorporated into this Agreement, the promises and consideration set forth herein, and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
Parties agree as follows:
1. Service Description. The TSP will provide certain services described in the service
agreement between the Library and the TSP (the "TSP Agreement"). The Library shall
permit the Village to utilize the portion of the services as set forth in Exhibit A, attached
hereto and incorporated herein by reference, (the "Services") and, to the extent set forth
herein shall coordinate the installation, maintenance, repair and modification of the
services. Each party is responsible for maintenance and support of its own connection,
including but not limited to cabling, conduit and equipment, from the patch panel to each
party's network. A diagram depiction of the circuit and various equipment is set forth in
Exhibit B.
2. Limitation on the Services. The Village agrees and acknowledges that the TSP's ability
to provide the services, including but not limited to the installation, maintenance, repair
and modifications, and, as a result, the Village's ability to access and utilize the Services,
is subject to the availability and operational limitations of the necessary systems, facilities
and equipment.
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3. Use of the Services. The Village's use of the Services shall at all times comply with (i)
applicable laws, regulations and ordinances; and (ii) any instructions for use as provided
from time to time to the Village by the Library, which the Library deems to be reasonably
necessary to comply with applicable, laws, regulations and ordinances or that are
reasonably necessary for the Library to continue to provide the Service to the Village.
Neither Party shall take any action or make any omission that would cause the other Party
to breach this Agreement or to fail to comply with applicable laws, regulations, rules or
ordinances.
4. Access.
(a) To carryout the purposes of this Agreement, it may be necessary for one Party
and/or its agents to access the other Party's premises. The Party requiring access
to the other Party's premises shall request permission in advance and, if granted
such permission, shall access such premises in such a manner and at such time so
as not to disrupt or interfere with the conduct of business. Each Party understands
that by refusing to grant the other Party or its agents access to its premises it may
hinder the ability of the Party requiring access to perform its obligations pursuant
to this Agreement. A Party that refuses to grant the other Party access to its
premises, expressly agrees that the Party requiring access shall not be liable for
any damages or breaches of this Agreement that result from the Party requiring
access being unable to access the other Party's premises.
(b) The Village shall provide to the Library such information as shall be reasonably
necessary to provide the Services and shall keep the Library informed of
developments in the Village's business or operations that may impact the
Services. The Library may rely on any information provided by the Village and
assumes no liability for any damages or costs that result from errors or omissions
in such information.
5. Equipment and Other Items. Upon the termination of this Agreement, each Party shall
retain equipment and other items that have been installed and remain on their respective
premIses.
6. Compliance with Rules. The Village shall comply with all reasonable rules and
regulations adopted by the Library after consultation with the Village, so long as those
rules do not interfere with the Village's use of the Services. The Village shall also
comply with such rules and regulations, as mutually agreed to by the Parties, that are
necessary for the proper and orderly maintenance and provision of the Services.
7. Modifications. Upon completion of the installation of the fiber-optic circuit to the
Village, the Village shall not make any modifications to the Circuit that would limit or
negatively affect the Library's use of the fiber optic services provided by the TSP.
8. Technical Support. In the event the Services are not functioning properly or require
maintenance, the Village shall notify the Library and the Library shall, within four (4)
hours of receipt of such notice, contact the TSP to arrange for maintenance or repairs.
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The Library's responsibility for maintenance, repairs and the proper functioning of the
Services shall be limited to maintenance and repair of the Patch Panel, the fiber-optic
cable and connections between and for the Library's Router and Patch Panel, as well as to
notify the TSP of a problem. and to work with the TSP to resolve the problem. The
Library shall provide the Village with a telephone number that the Village may use to
notify the Library outside of the Library's normal business hours if the Services are not
functioning properly or require maintenance.
9. Payment for the Services.
(a) The Parties shall divide the cost of the services that the TSP charges the Library
as set forth in this Paragraph 9.
(b) The Village agrees and acknowledges that the Library will pass on to the Village
only the Village's share of the cost that the Library actually incurs or will incur
from the TSP or otherwise in connection with the Services, and the Library will
not include any "mark-ups" in the Fees charged to the Village or gain a profit as a
result of this Agreement with the Village.
(c) The Village shall pay the Library 100% of the costs that are incurred by or will be
incurred by the Library that pertain to the initial configuration, installation and
implementation as related to the Services, which includes but is not limited to
TSP router configuration, purchase and installation of the fiber optic cable and
housing, terminators and connections and patch panel. Estimates of these costs
shall be set forth in Exhibit C, attached hereto.
(d) The Village shall pay 50% of the costs that are incurred by or will be incurred by
the Library from the TSP that pertain to maintenance, repairs and modifications,
except as otherwise provided in this Agreement.
(e) If either Party requests that services be modified, each Party shall bear the cost of
such modification based on its usage of the modified services. A Party shall be
solely responsible for the costs associated with maintenance or repairs that result
from such Party's actions or omissions.
(f) The Village shall pay to the Library a monthly fee that represents the percentage
cost of the total circuit capacity of the services provided to the Library by the TSP
that the Village is using. Estimates of the initial monthly fees shall be set forth in
Exhibit C. The Library shall invoice the Village for the cost due on a quarterly
basis, and the Village shall remit payment to the Library within thirty (30) days of
receipt of the invoice.
10. Cooperation. The Parties agree to work in good faith to mutually resolve any problems
occurring or arising out of the performance of this Agreement. The Parties agree to do all
things reasonably necessary or appropriate to carry out the terms, provisions and
objectives ofthis Agreement.
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11. Confidentiality. During the term of this Agreement, the Parties may disclose
Confidential Information (as defined below) to each other. "Confidential Information"
means ideas, know-how, trade secrets, computer programs, technical information and
other confidential information necessary to configure data equipment and to operate and
maintain Services, which is disclosed by a disclosing Party to a receiving Party pursuant
to this Agreement. Written or other tangible Confidential Information must at the time of
disclosure be identified and labeled as Confidential Information belonging to the
disclosing Party. When disclosed orally or visually, Confidential Information must be
identified as confidential at the time of the disclosure, with subsequent confirmation in
writing within fifteen (15) days after disclosure. Neither Party may disclose any of the
other Party's Confidential Information to a third party without written permission from
the Party whose Confidential Information is being disclosed. The Village, hereby, in
writing expressly consents to the disclosure of such of its Confidential Information to the
TSP or those parties authorized by the TSP or the Library as reasonably necessary to
provide the Services, subject to the Library's assurance that such parties shall maintain
that Confidential Information in confidence. The Confidential Information restrictions
will not apply to Confidential Information that (i) is already known to the receiving Party,
(ii) becomes publicly available through no wrongful act of the receiving Party, (iii) is
independently developed by the receiving Party without benefit of the disclosing Party's
Confidential Information or (iv) is disclosed by the disclosing Party to a third party
without an obligation of confidentiality. Upon termination of this Agreement, each Party
will return the other Party's Confidential Information.
12. Insurance. The Village and the Library agree to maintain, at their own cost and expense,
general liability insurance including contractual liability insurance insuring the other as a
"named insured." Said insurance shall be in the following forms and amounts:
(a) General Comprehensive Liability: $1,000,000 combined single limit per
occurrence for bodily injury, personal injury, death and property damage. The
general aggregate shall be twice the required occurrence limit.
(b) Public Liability: $1,000,000 combined single limit per occurrence. Minimum
general aggregate shall be no less than $1,000,000.
(c) Workers' Compensation: Workers' Compensation limits as required by State
statute.
(d) Employer's Liability: not less than $1,000,000.
(e) Excess Liability: $2,000,000 per occurrence and in the aggregate.
(f) The insurance requirements herein may be satisfied through self-insurance of the
insurance coverage and limit requirements set forth above.
13. Indemnification and Hold-Harmless Provision.
(a) The Library shall defend, protect, indemnify, and hold the Village and its
directors, officers, employees and agents ("Village AffIliates") harmless against
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and from any and all injuries, costs, expenses, liabilities, losses, damages,
injunctions, suits, actions, fmes, penalties, and demands of any kind or nature
(including reasonable attorneys' fees) arising in connection with any and all third-
party claims arising directly or indirectly out of (i) injuries and/or damages
occurring on the Library's Premises; (ii) any intentional acts or negligence of the
Library or any of its directors, officers, employees and agents ("Library
Affiliates"); or (iii) any breach or default in the performance of any obligation on
the Library's part to be performed under this Agreement. This indemnity shall
not include the intentional or negligent acts or omissions of the Village or Village
Affiliates.
(b) The Village shall defend, protect, indemnify, and hold the Library and Library
Affiliates harmless against and from any and all injuries, costs, expenses,
liabilities, losses, damages, injunctions, suits, actions, fines, penalties, and
demands of any kind or nat.w'e (including reasonable attorneys' fees) arising in
connection with any and all third-party claims arising directly or indirectly out of
(i) injuries and/or damages occurring on the Village's Premises; (ii) the Village's
use of the Services, including but not limited to the Village's improper use of the
Services or information or any content or data transmitted over any network or
facilities of the TSP in connection with the Services; (iii) any intentional acts or
negligence of the Village Affiliates; or (iv) any breach or default in the
performance of any obligation on the Village's part to be performed under this
Agreement. This indemnity shall not include the intentional or negligent acts or
omissions of the Library or Library Affiliates.
(c) For purposes of this Agreement the "Village's Premises" shall mean the Mount
Prospect Village Hall server room at 50 South Emerson Street, Mount Prospect,
Illinois and the area in the Village's parking garage that houses conduit for the
Services at 30 South Emerson Street, Mount Prospect, Illinois. The "Library's
Premises" shall mean the server room (room 169, located on the Library's first
floor) and the yard storage room (room 008, located in the Library's parking
garage basement) at 10 South Emerson Street, Mount Prospect, Illinois.
14. Non-liability.
(a) EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE
SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND THE LIBRARY
(i) MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTIES,
EXPRESS OR IMPLIED, OF ANY KIND, ARISING BY LA W OR
OTHERWISE WITH RESPECT TO SERVICES, INCLUDING BUT NOT
LIMITED TO REPRESENTATIONS, GUARANTEES OR WARRANTIES
ARISING FROM TRADE USAGE, COURSE OF DEALING OR
PERFORMANCE OR REGARDING THE COMPLETENESS OR
RELIABILITY OF THE SERVICES OR RESULTS TO BE OBTAINED FROM
USING THE SERVICES AND (ii) DISCLAIMS WARRANTIES OF NON.
INFRINGEMENT AND IMPLIED WARRANTIES, INCLUDING WITHOUT
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LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
(b) NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY
INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
DAMAGES RELATED TO LOST PROFITS, LOSS OF USE AND LOSS OF
DATA OR FAILURE TO REALIZE SAVINGS OR BENEFITS) ARISING
UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH LOSS. EXCEPT AS OTHERWISE PROVIDED IN THIS
AGREEMENT, THE TOTAL AGGREGATE LIABILITY OF THE LIBRARY
AND ITS SUPPLIERS, AGENTS, DIRECTORS, OFFICERS AND/OR
EMPLOYEES UNDER OR IN CONNECTION WITH THIS AGREEMENT
WILL BE LIMITED TO PROVEN DIRECT DAMAGES. WITHOUT
LIMITING THE FOREGOING, THE LffiRARY SHALL NOT BE LIABLE
FOR (i) THE SERVICES NOT BEING PROVIDED TO THE VILLAGE DUE
TO THE ACTS OR OMISSIONS OF THE TSP, INCLUDING BUT NOT
LIMITED TO THE TSP NOT PROVIDING THE SERVICES TO THE
LIBRARY; (ii)THE LIBRARY'S INABILITY TO PERFORM ITS
OBLIGATIONS UNDER THIS AGREEMENT AS A RESULT OF THE TSP'S
ACTIONS OR OMISSIONS; AND/OR (iii) ANY ACTIONS OR OMISSIONS
OF THE TSP OR ITS AGENTS.
15. Force Majeure. Except in the case of payment of amounts due, neither Party will be
liable to the other Party for any failure or performance due to any cause beyond that
Party's reasonable control, including acts of God, fire, explosion, vandalism, terrorism,
cable cut, storm or other similar occurrence, any law, order, regulation, direction, action
or request by any government, civil or military authority, national emergencies,
insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches or delays
or preemption of Services or failure to restore Services, or, in the case of the Library,
delays caused by the Village or the Village's equipment or vendors.
16. Notice. All notices required to be provided under this Agreement shall be in writing and
served either.(i) personally during regular business hours; or (ii) by registered or certified
mail, return receipt requested, properly addressed with postage prepaid and deposited in
the United States mail. 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. All notices shall be addressed as follows:
The Village:
Michael Janonis
. Village Manager
Village of Mount Prospect
50 South Emerson Street
Mount Prospect, IL 60056
(847) 392-6000
The Mount Prospect Library
Marilyn Genther
Executive Director
Mount Prospect Public Library
10 South Emerson Street
Mount Prospect, IL 60056
(847) 253-5675
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With a copy to:
With a copy to:
Everette M. Hill, Jr.
Village Attorney
20 N. Wacker Drive, Suite 1660
Chicago, IL 60606
(312) 984-6420
Lawrence L. Summers
Vedder Price P.C.
222 N. La Salle
Chicago, IL 60601-1003
(312) 609-7750
17. Binding. All covenants, promises, representations and agreements herein contained shall
be binding upon, apply and inure to the benefit of the Village and the Library and their
respective heirs, legal representatives, successors and assigns.
18. Waivers. The rights and remedies hereby created are cumulative, and the use of one
remedy shall not 'be taken to exclude or waive the right to the use of another. No waiver
by the Village or the Library of any provision hereof shall be deemed a waiver of any
other provision hereof or of any subsequent breach by the Library or the Village of the
same or any other provision. A Party's consent to or approval of any act shall not be
deemed to render unnecessary obtaining such Party's consent to or approval of any
subsequent act. No waiver shall be effective unless it is in writing, executed on behalf of
the Village or the Library by the person to whom notices are to be addressed.
19. Entire Agreement. The provisions set forth herein constitute the entire agreement of the
Parties regarding the matters addressed in this Agreement and supersede any prior
agreements or representations, as it is the intent of the Parties to provide for complete
integration within the terms of this Agreement. No provision may be changed or
modified unless such change or modification is in writing and duly approved by the
Parties.
20. Invalidity of Agreement. If any provision of this Agreement is found to be illegal,
invalid or void, the remaining provisions shall not be impaired and the Agreement shall,
to the extent reasonably practicable, be interpreted to give effect to the Parties' intent.
21. Choice of Law and Claims. This Agreement shall be governed by the laws of the State
of Illinois. The Circuit Court of Cook County, Illinois, shall have jurisdiction over any
disputes arising under this Agreement, and each of the Parties hereby consents to such
Court's exercise of jurisdiction. Any legal action arising under this Agreement must
commence within two (2) years after the cause of action arises.
22. Assignment. Neither Party shall have the right to assign any rights or obligations under
this Agreement without the prior written approval of the other Party.
23. Benefit of Contracting Parties. This Agreement is entered into solely for the benefit of
the contracting Parties, and nothing in this Agreement is intended, either expressly or
impliedly, to provide any right or benefit of any kind whatsoever to any person or entity
who is not a party to this Agreement, or to acknowledge, establish or impose any legal
duty to any third party. Nothing in this Agreement shall be construed as an express
and/or implied waiver of any common-law and/or statutory immunities and/or privileges
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of the Library and/or the Village, and/or any of their respective officials, officers and/or
employees.
24. Survival. Those terms and conditions that are necessary to carry out the purposes of this
Agreement shall survive the termination of this Agreement.
25. Counterparts. This Agreement may be executed in counterparts, any of which shall be
deemed an original.
26. Authority to Execute. Execution of this Agreement by the Village is authorized by an
ordinance passed by the President and Board of Trustees of the Village on
,2009. Execution of this Agreement by the Library is authorized by a
resolution passed by the Board of the Mount Prospect Library on , 2009.
The Parties represent and warrant to each other that they have the authority to enter into
this Agreement and perform their obligations hereunder.
27. Titles. The headings and titles of this Agreement are for convenience only and shall not
influence the construction or interpretation of this Agreement.
28. Third Parties. Nothing contained in this Agreement, nor any act of the Village or the
Library, shall be deemed or construed by any of the Parties hereto or by third persons to
create any relationship of third-party beneficiary, principal, agent, limited or general
partnership, joint venture or any association or relationship involving the Village and the
Library, except as set forth in this Agreement.
29. Term. The term of the Agreement shall begin on the Effective Date and shall extend
through June 12, 2015 (the "Term").
30. Termination of this Agreement Due to Breach of a Party. In the event of any material
breach of this Agreement by either 'Party, the breaching Party (the "Breaching Party")
shall upon written notice from the other Party (the "Non-Breaching Party") proceed
promptly to cure or remedy such breach within fifteen (15) days after receipt of such
notice; provided, however, that in the event such breach is incapable of being cured
within such fifteen (15) day period and the Breaching Party commences to cure within
said fifteen (15) day period and proceeds to cure with due diligence, such Party shall not
be deemed to be in default under this Agreement. In case such action is not taken or not
diligently pursued or the breach shall not be cured or remedied within the above time, the
Non-Breaching Party may terminate this Agreement or institute such proceedings as may
be necessary or desirable in its opinion to cure and remedy such breach, including but not
limited to proceedings to compel specific performance by the Breaching Party of its
obligations. The rights of the Parties to this Agreement, whether provided by law or this
Agreement, shall be cumulative, and the exercise by either Party of anyone or more of
such remedies shall not preclude the exercise by it of anyone or more of such remedies in
relation to the same breach by the other Party. No waiver made by either Party with
respect to any specific breach by the other Party under this Agreement shall be construed
as a waiver of rights with respect to any other breach by that Party under this Agreement
or with respect to the particular default, except to the extent specifically waived in
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writing. Notwithstanding anything contained, herein to the contrary, all monetary
damages resulting from a breach of this Agreement shall be limited to the Non-Breaching
Party's actual out-of-pocket costs and.expenses resulting from such breach along with all
costs and expenses, including reasonable attorneys' fees, incurred by the Non-Breaching
Party in enforcing this Agreement. In the event of any litigation between the Parties
hereto resulting from a breach of this Agreement, the prevailing Party in such litigation,
as determined by final judgment, shall be entitled to an award of its attorneys' fees and
costs incurred in such litigation.
* * *
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the
day of ,2009.
VILLAGE OF MOUNT PROSPECT
MOUNT PROSPECT PUBLIC LIBRARY
By:
By:
Mayor
President
Attest:
Attest:
Village Clerk'
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Exhibit A
Dated May _, 2009
The service provided by the TSP shall include a fiber optic circuit. The circuit will carry Internet
bandwidth for the Library and the Village. Each Party's share of the fiber optic circuit is set
forth below:
Fiber Optic Bandwidth Library Village
Circuit
One Circuit 20M 10M 10M
H:\CLKO\ WIN\agrmts\fiberopticagreementmplibrary2009final.doc
CHICAGO/# 1890705.11
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Exhibit C
Dated May _, 2009
The following are estimates of certain of the costs related to the Services. The figures set forth below
are only estimates, actual costs may vary.
Type of Cost Total Library Village
Monthly Fee $ 1,225.00 $ 612.50 $612.50
Initial Configuration, Installation and
Implementation Costs $ 2,397 $0.00 $ 2,397
CHICAGO/# I 890705. I I
ORDINANCE NO.
AN ORDINANCE DESIGNATING REPRESENTATIVES
TO THE NORTHWEST SUBURBAN MUNICIPAL JOINT ACTION WATER AGENCY
FOR THE VILLAGE OF MOUNT PROSPECT
WHEREAS, the Village of Mount Prospect is a member of the Northwest Suburban Municipal
Joint Action Water Agency, as authorized by Ordinance No. 3081; and
WHEREAS, Section 9 of the Joint Action Water Agency Agreement and Articles II and III of the
by-laws to said Agency require the members to designate and appoint both a representative
and alternate representative of the Village to the Board of Directors of the Joint Action Water
Agency and the Executive Committee.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT 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 Irvana K. Wilks, Village President, is hereby appointed as Director, and
Arlene A. Juracek, Village Trustee, as Alternate Director of the Board of Directors of the
Northwest Suburban Municipal Joint Action Water Agency, in each case for a term beginning
May 1, 2009, and expiring April 3D, 2011, or until a successor is appointed.
SEeTION TWO: That this Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of May, 2009.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H:ICLKOIWINIORDINANCE2IJAWADIRECTORS2009-2011.doc
c
RESOLUTION NO.
A RESOLUTION APPOINTING A DIRECTOR AND ALTERNATE DIRECTORS
TO THE SOLID WASTE AGENCY OF NORTHERN COOK COUNTY
BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: The Village of Mount Prospect is a member of the Solid Waste Agency
of Northern Cook County (the "Agency") and, pursuant to the Agency Agreement
establishing the Agency, is entitled to appoint a Director and one or more Alternate
Directors to the Board of Directors of the Agency.
SECTION TWO: The President and Board of Trustees of the Village appoint Trustee
Paul Wm. Hoefert as the Village's Director on the Board of Directors of the Agency, and
Trustee Michael A. ladel and Mayor Irvana K. Wilks as Alternate Directors, in each
case for a term expiring April 30, 2011, or until a successor is appointed.
SECTION THREE: This Resolution shall be in full force and effect upon its passage
and approval in the manner pr9vided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of May, 2009.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H:\CLKO\WIN\RESOLUTION\SWANCCDIRECTORS2009.doc
D
RESOLUTION NO.
A RESOLUTION APPOINTING REPRESENTATIVES OF THE
VILLAGE OF MOUNT PROSPECT TO THE O'HARE NOISE
. COMPATIBILITY COMMISSION
WHEREAS, the O'Hare Noise Compatibility Commission was created in 1996 to build and
maintain coalitions of communities and citizens dedicated to the reduction of aircraft noise at
and near O'Hare International Airport, Chicago, Illinois, and thereby enhance the quality of life
for area residents; and
WHEREAS, the Village President and Members of the Village Board has determined that the
quality of life of the residents of the Village of Mount Prospect is directly affected by the aircraft
noise at and near O'Hare International Airport, Chicago, Illinois, such that the Village of Mount
Prospect has become a member of the O'Hare Noise Compatibility Commission to assist in
developing meaningful methods of reducing the impact of aircraft noise on our surrounding
neighborhoods through home and school sound insulation, and to reduce wherever possible,
aircraft noise at its source; and
WHEREAS, it is essential that the Village President and Members of the Village Board appoint
qualified individuals to serve on the O'Hare Noise Compatibility Commission on behalf of the
Village of Mount Prospect.
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 and Board of Trustees of the Village of Mount
Prospect do hereby appoint the following individuals to represent the Village of Mount Prospect
on the O'Hare Noise Commission Compatibility Commission: Irvana K. Wilks, primary
representative; Arlene A. Juracek, first alternate representative, David Strahl, second alternate
representative.
SECTION TWO: That this Resolution shall be in full force and effect from and after its
passage and approval in the manner provided by law.
AYES:
NAYS:
ABSENT:
Passed and approved this day of May, 2009.
Irvana K. Wilks,
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H:\CLKO\WIN\RESOLUTION\RESOLUTION O'Hare Noise Commissionmay2009.doc
E
TO:
FROM:
DATE:
SUBJECT:
Village of Mount Prospect
Community Development Department
MEMORANDUM
Mount Prospect
~
MICHAEL E. JANONIS, VILLAGE MANAGER
JANET SAEWERT, NEIGHBORHOOD PLANNER
MA Y 14, 2009
RESOLUTIONS AUTHORIZING EXECUTION OF AGREEMEN
THE VILLAGE AND CDBG SUB-RECIPIENTS
On September 18, 2008, the Village Board approved the 2009 Community Development Block Gr nt
(CDBG) Action Plan. This plan includes funding for several public service agencies that provide a
variety of services and programs for the Village's low- and moderate-income residents. Attached,
please find contracts for the agencies listed below and resolutions authorizing the execution of
agreements between the Village of Mount Prospect and these individual agencies:
.
CEDA Northwest Self-Help Center, Inc. - Child Care Program
CEDA Northwest Self-Help Center, Inc. - Emergency Housing Program
Children's Advocacy Center
Greater Wheeling Area Youth Organization - Summer Adventure North
Greater Wheeling Area Youth Organization - Dream Makers
Higher Up Ministries - Hire Up Job Training
Journeys From PADS To HOPE
Mount Prospect Mentor Program
Northwest Center Against Sexual Assault (NW CASA)
Resources For Community Living
Search Development Center - Rehab
Suburban Primary Health Care Council- Access To Care
.
.
.
.
.
.
.
.
.
.
.
Please forward this memorandum and attached resolutions to the Village Board for their review and
consideration at their May 19, 2009 meeting. Staff will be present at the meeting to answer any
questions related to this matter.
I concur:
w-
f-N
H:\PLAN\CDBG\Memos\2009\Reso!ution Memo to Board.doc
J~"~'''E~TIO''''O u.s. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
IIII WASHINGTON, DC 20410-7000
': j
.NDE"f.\.:
OFACE OF THE ASSISTANT SECRETARY FOR
COMMUNITY PLANNING AND DEVELOPMENT
May 1, 2009
The Honorable Irvana K. Wilks
Mayor of Mount Prospect
50 South Emerson Street
Mt. Prospect, IL 60056
Dear Mayor Wilks:
I am pleased to inform you that the Department of Housing and Urban Development's
Fiscal Year (FY) 2009 budget has been enacted and signed by President Obama. This letter
provides your FY 2009 allocations for the Office of Community Planning and Development's
(CPD's) formula programs: Community Development Block Grant (CDBG); HOME Investment
Partnerships; Housing Opportunities for Persons With AIDS (HOPW A); and Emergency Shelter
Grants (ESG). These programs provide funding for housing, community and economic
development activities, and assistance for low- and moderate-income persons and special
populations across the country.
HUD's budget for FY 2009 is included in the Omnibus Appropriations Act, 2009 (Public Law
111-8). The amounts available include reallocated funds for the CDBG and HOME programs.
There is no funding for the American Dream Downpayment Initiative (ADDI) in FY 2009. The
following amounts reflect the level of funding available for these programs in your community:
Community Development Block Grant
HOME Investment Partnerships
Housing Opportunities for Persons With AIDS
Emergency Shelter Grants
$363,991
$0
$0
$0
This letter provides an opportunity for HUD to highlight several important issues. First, HUD
continues to emphasize the importance of effective perfonnance measurements in all of its formula
grant programs. Grantees must report outcome indicators for all open activities in the Integrated
Disbursement and Information System (IDIS) to assess their perfonnance toward achieving their
objectives and outcomes in their Consolidated Annual Performance and Evaluation Report. It is
vitally important that HUD have complete performance measurement data to report to Congress, the
Office of Management and Budget, and the public at large. The Obama Administration's
commitment to transparency and accountability underscores the importance of this data. Your
ongoing attention to ensuring complete and accurate reporting of performance measurement data
will be crucial to RUD'S ability to demonstrate the effectiveness of its formula grant programs.
Second, problems in the subprime mortgage markets and resulting property foreclosures are
having significant impacts on a number of local governments. CDBG and HOME funds represent a
resource that local governments may use to address some of the consequences of these problems,
particularly for lower income families and neighborhoods. HUD urges its formula grantees, as part
www.hud.gov
espanol.hud.gov
of the consolidated plan process, to examine their use of these grant funds to either reinforce
activities that help stabilize homeownership at the local level or to consider establishing such
activities in the coming year. HOD is committed to using the flexibility of these programs to aid
communities in addressing the potential impact of these problems and urges grantees to contact the
appropriate CPD field office to discuss any ideas or concerns on the use of formula funds for these
purposes.
Additionally, these funds are separate from funds appropriated under the American Recovery
and Reinvestment Act (Recovery Act). The Recovery Act provided funds for the CDBG program
and several other initiatives managed by CPD, such as the Homelessness Prevention Fund and the
Tax Credit Assistance Program. These Recovery Act funds have already been allocated on a
formula basis and HUD has issued guidance on how to access and use these funds. If your
jurisdiction is receiving funds under any of the Recovery Act programs, please review the
appropriate guidance by visiting HOD's Recovery Act website at www.hud.gov.
Finally, the Department again urges grantees to consider the needs of our returning veterans
and their families in the design and administration of these formula programs. Over the past seven
years, several hundred thousand of our fellow Americans have served our nation on the battlefields
of Iraq and Afghanistan a1)d countless other places around the globe. Many veterans are returning
to our communities with wounds and injuries that may make it difficult for them to find housing or
support themselves and/or their families. I am confident that you will consider their sacrifice and
ensure that these men and women receive the utmost consideration in the use of these funds at the
local level.
I look forward to continuing our partnership to assist lower income residents in your
community. As always, HUD is available to provide any assistance you require in implementing
your programs. If you or any member of your staff have questions, please contact your local CPD
office director.
Sincerely,
~,~1.~ ~.,.:...
Nelson R. Breg6n
General Deputy Assistant Secretary
2
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 to
Mount Prospect residents located within the corporate limits of the Village of Mount Prospect;
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 day of May 2009.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H:\CLKO\WIN\RESOLUTION\CDBG\CDBGCASA 2009.doc
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE
VILLAGE OF MOUNT PROSPECT AND THE CEDA NORTHWEST SELF-HELP 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 CEDA Northwest Self-Help Center shall provide an emergency housing
and housing counseling program, and a child care subsidy program to assist near homeless and
homeless low and moderate income residents of the Village of Mount Prospect located within
the corporate limits of the Village of Mount Prospect; and
WHEREAS, the programs proposed by the CEDA Northwest Self-Help Center 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 CEDA Northwest Self-Help
Center, for the provision of an Emergency Housing Program, a copy of which Agreement is
attached and made a part of this Resolution as Exhibit "A".
SECTION TWO: 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 CEDA Northwest Self-Help
Center, for provision of a Child Care Subsidy Program, a copy of which Agreement is attached
hereto and hereby made a part hereof as Exhibit "B".
SECTION THREE: 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 day of May 2009.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H,ICLKOIWINIRESOLUTIONICDBGlCDBG CEDA SELF HELP 2009.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 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 located within the corporate limits of the Village 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 day of May 2009.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H:\CLKO\WIN\RESOLUTION\CDBG\CDBG Children's Advocacy 2009.doc
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE
OF MOUNT PROSPECT AND THE GREATER WHEELING AREA YOUTH OUTREACH, 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 the Greater Wheeling Area Youth Outreach, Inc. shall provide summer programs and
after school tutoring activities that include educational and recreational activities for youth located
within the corporate limits of the Village of Mount Prospect; and
WHEREAS, the program proposed by the Greater Wheeling Area Youth Outreach, 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 agreements for Community Development Block Grant implementation, which
Agreements are between the Village of Mount Prospect and the Greater Wheeling Area Youth
Outreach, Inc., for the provisions of summer camp School District 59, a copy of which Agreement is
attached and made a part of this Resolution as Exhibit "A".
SECTION TWO: 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 Greater Wheeling Area Youth
Outreach, Inc., for the provision of an after school tutoring and mentoring program, a copy of which
Agreement is attached and made a part of this Resolution as Exhibit "8."
SECTION THREE: 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 day of May 2009.
ATTEST:
Irvana K. Wilks
Mayor
M. Lisa Angell
Village Clerk
H:\CLKO\WIN\RESOLUTION\CDBG\CDBG Wheeling Area Youth 2009.doc
H\CLKO\WINlRESOLUTIONlCDBG\CDBG WHEELING AREA YOUTH 2009 DOC
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE
VILLAGE OF MOUNT PROSPECT AND HIRE UP MINISTRIES
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 Hire Up Ministries provides job training and mentoring to Mount Prospect
residents located within the corporate limits of the Village of Mount Prospect; and
WHEREAS, the project proposed by Hire Up Ministries 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 Hire Up Ministries, 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 day of May 2009.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H:ICLKOIWINIRESOLUTIONICDBGICDBG hireupministries 2009.doc
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE
VILLAGE OF MOUNT PROSPECT AND JOURNEYS FROM PADS TO HOPE, 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 Journeys from PADS to HOPE shall provide case management services,
preventative services, follow-up, advocacy, transportation, housing and food vouchers,
emergency medical referral and vouchers, housing location inspection, job preparation,
employment services, and clothing and food pantry resources for the homeless and near
homeless population of the Village of Mount Prospect located within the corporate limits of the
Village of Mount Prospect; and
WHEREAS, the project proposed by Journeys from PADS to HOPE, 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 Journeys from PADS to HOPE,
Inc., a copy of which Agreement is attached hereto and hereby 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 day of May 2009.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H:\CLKO\WIN\RESOLUTION\CDBG\CDBG Journeys from Pads to Hope 2009.doc
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE
VILLAGE OF MOUNT PROSPECT AND RESOURCES FOR COMMUNITY LIVING
WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community
Development Block Grant Program; and
WHEREAS, it has been determined by the President and Board of Trustees of the Village of
Mount Prospect that the Resource Center for Community Living shall provide a program that
includes housing options and support services to individuals with developmental and/or physical
disabilities located within the corporate limits of the Village of Mount Prospect; and
WHEREAS, the program proposed by the Resource Center for Community Living 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 Resource Center 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 day of May 2009.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H:\CLKO\WIN\RESOLUTION\CDBG\CDBG resourse for community living 2009.doc
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE
VILLAGE OF MOUNT PROSPECT AND SEARCH DEVELOPMENTAL 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 Search Developmental Center provides group homes for adults with
disabilities to Mount Prospect residents located within the corporate limits of Mount Prospect;
and
WHEREAS, the project proposed by the Search Developmental Center 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 Search Developmental Center,
to rehabilitate a group home located in Mount Prospect. 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 day of May 2009.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
H:\CLKO\WIN\RESOLUTION\CDBG\CDBG search developmental center 2009.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 in the corporate limits 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 day of May 2009.
I
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell, Village Clerk
H:\CLKO\WIN\RESOLUTION\CDBG\CDBG access to care 2009.doc
AGREEMENT BETWEEN
THE VILLAGE OF MOUNT PROSPECT
AND
NORTHWEST CENTER AGAINST SEXUAL ASSAULT (NW CASA)
FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT, entered this day of , 2009, by and
between the Village of Mount Prospect (herein referred to as the "Grantee") and The
Northwest Center Against Sexual Assault (NW CASA) (herein referred to as the "Sub-
Recipient").
WHEREAS, the Grantee has applied for and received Community Development Block Grant
(herein referred to as "CDBG") funds from the United States Department of Housing and
Urban Development (herein referred to HUD) under Title I of the Housing and Community
Development Act of 1974, Public Law 93-383; and
WHEREAS, the Grantee wishes to engage the Sub-Recipient to assist the Grantee in utilizing
such funds
NOW, THEREFORE, it is agreed between the parties hereto that;
1. SCOPE OF SERVICE
A. Activities
The Sub-Recipient will be responsible for administering a CDBG Year (2009)
program in a manner satisfactory to the Grantee and consistent with any standards
required as a condition of providing these funds. This program will include the
following activities eligible under the CDBG program.
The Grantee elects to contract for services with the Sub-Recipient for operation of a
program to provide sexual assault counseling and advocacy to child, adolescent
and adult victims of rape/sexual abuse as outlined in the Scope of Services attached
herewith as Exhibit A.
B. National Objectives
The Sub-Recipient certifies that the activities carried out with funds provided under
this Agreement will meet one or more of the CDBG program's National Objectives as
defined in 24 CRF Part 570.208:
1. Benefit Low/Moderate Income Persons;
2. Aid in the prevention or elimination of slums or blight; or . /_
-~,--0C-~/;'1 /~-/:::;,/" / /~ .r-r"{"?/;7~/7/ /
<-c> / &~/ j/ ..~ ;;Y"
3. Meet a need having a particular urgency/emergency.
C. Levels of Accomplishment
In addition to the normal administrative services required as part of this Agreement,
the Sub-Recipient agrees to provide the following levels of program services:
Average Clients/Month
1.25/MONTH
Total Clients/Year
15NEAR
The sub-recipient will also report information as it relates to the Outcome
Measurement System as described in Federal Register Notice on June 10, 2005. 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.
D. Performance Monitoring
The Grantee will monitor the performance of the Sub-Recipient against goals and
performance standards required herein. 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, contract suspension or termination
procedures will be initiated.
II. TIME PERFORMANCE
Services of the Sub-Recipient shall start on January 1, 2009 and end on December
31,2009. 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.
III. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee
under this contract shall not exceed $3,000. Payments may be contingent upon
certification of the Sub-Recipient's financial management system in accordance with
the standards specified in OMB Circular A-II 0 Attachment F.
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A. Payment Procedures
The Grantee will pay to the Sub-Recipient funds available under this contract 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 a monthly, quarterly or seasonal
report (depending on the reporting system the Sub-Recipient has decided to use) 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 for
eligible expenses actually incurred by the Sub-Recipient, and not to exceed actual cash
requirements. 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 liquidate funds available under this contract 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 appropriate Sub-Recipient's 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 CDBG funds made available under the
contract. The use of program income by the Sub-Recipient 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 contract period for activities permitted
under this contract and 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 Guarantee at the end of the contract period. Any interest earned on cash
advances from the U.S. Treasury is not program income but needs to be remitted
promptly to the Grantee.
IV. REPORTING
A. Progress Reports
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The Sub-Recipient shall submit a Quarterly Report to the Grantee in the form,
content, and frequency as 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 that client.
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 January 1,2009
to December 31, 2009, summarize the number of Mount Prospect residents served and
include the completion of Exhibit B, herein attached. This report shall be due no later
than January 15,2010.
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 funds approved for this program by HUD. The
Sub-Recipient shall not file any lawsuit against the Grantee or any of its officers or
employees as a result of this contract, except that this Section shall not act as a bar to
any lawsuits arising from the negligent acts of the Grantee or any of its officers and
employees.
V. NOTICES & COMMUNICATIONS
Notices and communications under this Agreement shall be sent registered or certified
mail postage prepaid to the respective parties as follows:
Grantee
Sub-Recipient
Mr. William 1. 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
Jim Huenink
Executive Director
NW Center Against Sexual Assault
415 W. Golf Road, Suite 47
Arlington Heights, IL 60005
(847) 806-6526
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VI. GENERAL CONDITIONS
A. General Compliance
The Sub-Recipient agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 570 (the HUD regulations concerning CDBG). The Sub-
Recipient further agrees to utilize funds available under this Agreement to supplement
rater 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 be
required to 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. Suspension or termination shall occur if the Sub-Recipient materially fails to
comply with any term of the award in accordance with 24 CFR 85.44.
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
parities. 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
everyone of its officers, agents, employees, servants, attorneys, insurers and
successors from any and all claims, demands, causes of actions, expenses, injuries,
losses or damages of whatever kind, character of description the Grantee may suffer as
a result of any cause, matter, act, or omission arising out of the Sub-Recipient's
performance or non-performance, or those acting under it to conform to the statues,
ordinances or other regulations or requirements of any governmental authority, in
connection with e the Sub-Recipient's performance under this Agreement. The Sub-
Recipient agrees to defend any claims brought or actions filed against the Grantee with
respect to the subject of the indemnity contained herein, whether such claims or
actions are rightfully or wrongfully brought or files. In case of such a claim brought
or such an action files, the Grantee agrees that the Sub-Recipient may employ
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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. Amendments
The Grantee or Sub-Recipient may amend this Agreement at any time provided that
such amendments make specific reference to this Agreement, and are executed in
writing, signed by a duly authorized representative of both organizations, 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
The Grantee may, in its discretion, amend this Agreement to conform with Federal,
state or local governmental guidelines, policies and available funding amounts, or for
other reasons. If such amendments result 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 both Grantee
and Sub-Recipient.
E. Suspension or Termination
Either party may terminate this contract at any time by giving written notice to the
other party of such termination and specifying the effective date thereof at least 30
days before the effective date of such termination. Partial terminations of the Scope of
Service in Section I, A above may only be undertaken with the prior approval of the
Grantee. In the event of any termination for convenience, all finished or unfinished
documents, data, studies, surveys, maps, models, photographs, reports or other
materials prepared by the Sub-Recipient under this Agreement shall, at the option of
the Grantee, become the property of the Grantee, and the Sub-Recipient shall be
entitled to receive just and equitable compensation for any satisfactory work
completed on such documents or materials prior to the termination.
The Grantee may also suspend or terminate this Agreement, in whole or in part, if the
Sub-Recipient materially fails to comply with any term of this Agreement, or with any
of the rules, regulations or provisions referred to herein; and the Grantee may declare
the Sub-Recipient ineligible for any further participation in the Grantee's contracts, in
addition to other remedies as provided by the law. In the event there is probable cause
to believe the Sub-Recipient is in non-compliance with any applicable rules or
regulations, the Grantee may withhold up to fifteen (15) percent of said contract funds
until such time as the Sub-Recipient is found to be in compliance by the Grantee, or is
otherwise adjudicated to be in compliance.
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VII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Sub-Recipient agrees to comply with Attachment F of OMB Circular A-
110 and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
2. Cost Principles
The Sub-Recipient shall administer its program in conformance with OMB
Circulars A-I22, "Cost Principles for Non-Profit Organizations or A-21 "Cost
Principles for Educational Institutions," as applicable. These principles shall
be applied for all costs incurred whether charged on a direct or indirect basis.
OMB Circular A-I22 is included as Exhibit D.
B. Documentation and Record-Keeping
1. Records to be Maintained
The Sub-Recipient shall maintain all records required by the Federal
regulations specified in 24 CFR Part 570.506, that are pertinent to the activities
to be funded under this Agreement. Such records shall not 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 CDBO 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
CDBO assistance;
e. Records documenting compliance with the fair housing and
equal opportunity components of the CDBO program;
f. Financial records as required by 24 CFR Part 570.502, and
OMB Circular A-II 0; and
g. Other records necessary to document compliance with Subpart
K of24 CFR 570.
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Said records shall include verification of household income and information on
race/national origin and ethnicity. Eligible households for this program must
have income below those noted in Exhibit C. The Sub-Recipient may establish
program income criteria below that noted in Exhibit C.
2. Income Eligibility
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 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.
Any use of another income format is considered ineligible for HUD and
CDBG funding. Please note that grantees must ensure that applicants to their
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 client's income.
3. Retention
The Sub-Recipient shall retain all records pertinent to expenditures incurred
under this contract for a period of five (5) years after the termination of all
activities funded under this Agreement. Records for non-expendable property
acquired with funds under this contract shall be retained for five (5) years after
final disposition of such property. Notwithstanding the above, if there are
claims, litigation, audits, negotiations or other actions that involve any of the
records cited that have started before the expiration of the three-year period,
then such records must be retained until completion of the actions and
resolution of all issues, or the expiration of the three-year period, whichever
occurs later.
4. Client Data
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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
contract is private. The use or disclosure of such information, when not
directly connected with the administration of the Grantee~s or Sub-Recipient's
responsibilities with respect to services provided under this contract, is
prohibited, unless written consent is obtained from such person receiving
service and, in the case of a minor, that of a responsible parent/guardian.
6. Property Records
The Sub-Recipient shall maintain a real property inventory, which identifies
properties purchased, improved or sold using CDBG funds. Properties
retained shall continue to meet eligibility criteria and shall conform with the
"changes in use" restrictions specified in 24 CFR Parts 570.503(b)(8), as
applicable.
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.
8. Audits & Inspections
All Sub-Recipient records with respect to any matters covered by this
Agreement shall be made available to the Grantee, grantor agency, their
designees or the Federal Government, at any time during normal business
hours, as often as the Grantee or grantor agency deems necessary, to audit,
examine, and make excerpts or transcripts of all relevant data. Any
deficiencies noted in audit reports must be fully cleared by the Sub-Recipient
with 30 days after receipt by the Sub-Recipient. Failure of the Sub-Recipient
to comply with the above audit requirements will constitute a violation of this
contract and may result in the withholding of future payments. The Sub-
Recipient hereby agrees to have an annual agency audit conducted in
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accordance with current Grantee policy concerning Sub-Recipient audits and,
as applicable OMB Circular A-133.
9. Availability of Law, Regulations and Orders
The Grantee shall, upon the request of the Sub-Recipient, provide copies of all
laws, regulations and orders, including those cited in this contract which
regulate operation of the CDBG-funded programs, or which might otherwise
affect the performance of this Agreement. This Agreement include program
income requirements (See Section V, C, 1: Program Income.) set forth in
section 24 CFR 570.504 (c) but is not applicable to the Sub-Recipient and
uniform administrative requirements described in section 24 CFR 570.502.
C. Procurement
1. Compliance
The Sub-Recipient shall comply with current Grantee policy concerning the
purchase of equipment and shall maintain inventory records of all non-
expendable personal property as defined by such policy as may be procured
with funds provided herein. All program assets (unexpended program income,
property, equipment, etc.) shall revert to the Grantee upon termination of this
contract.
2. OMB Standards
The Sub-Recipient shall procure all materials, property, or services in
accordance with the requirements of Attachment 0 of OMB Circular A-II 0,
Procurement Standards, and shall subsequently follow Attachment N, Property
Management Standards as modified by 24 CFR 570.502(b)(6), covering
utilization and disposal of property.
3. Travel
The Sub-Recipient shall obtain written approval from the Grantee for any
travel outside the metropolitan area with funds provided under this contract.
VIII. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
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The Sub-Recipient agrees to comply with the Illinois Human Rights Act (Act
775ILCS 5-1-101 et seq.) and with Title VIII of the Civil Rights Act of 1968
as amended, Section 1 04(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 11063, and with Executive
Order 11246 as amended by Executive Orders 11375 and 12086.
2. Nondiscrimination
The Sub-Recipient shall not discriminate against any worker, employee,
applicant for employment or any member of the public 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. Such
affirmative action shall include, but not be limited to the following:
employment, upgrading demotion or transfer, termination, compensation, and
selection for training including apprenticeship. The Sub-Recipient agrees to
post in conspicuous places available to employees and applicants for
employment, notices setting forth the provisions of this non-discriminatory
clause. This policy of non-discrimination and affirmative action shall be
applicable with regard to both the Sub-Recipient's internal personnel practices
and its actions in the performance of this Agreement. The Sub-Recipient
hereby certifies that 1-9 forms are current and employment verification has
been completed regarding all employees. The Sub-Recipient agrees and
authorizes the Grantee and HUD to conduct compliance reviews or any other
procedures to assure compliance with these provisions, subject to applicable
laws and regulations concerning privacy and reasonable notice to the Sub-
Recipient.
B. Conduct
1. Assignments
The Sub-Recipient shall not assign the Agreement or any part thereof and the
Sub-Recipient shall not transfer or assign any funds or claims due or to be
come due hereunder without the prior written approval of the Village Manager.
Any transfer or assignment of funds pursuant to this agreement, either in whole
or in part, or any interest therein shall be due to the Sub-Recipient shall be
deemed of no force or effect and shall not be binding upon the Grantee.
2. Prohibited Activity
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The Sub-Recipient is prohibited from using funds provided herein or personnel
employed in the administration of the program for political activities: sectarian
or religious activities; lobbying, political patronage, and nepotism activities
3. Conflict of Interest
The Sub-Recipient agrees to abide by the provisions of 24 CFR 570.611 with
respect to conflicts of interest, and covenants that it presently has no financial
interest and shall not acquire any financial interest, direct or indirect, which
would conflict in any manner or degree with the performance of services
required under the Agreement. The Sub-Recipient further covenants that in the
performance of this Agreement no person having such a financial interest shall
be employed or retained by the Sub-Recipient hereunder. These conflict of
interest provisions apply to any person who is an employee, agent, consultant,
officer or elected official or appointed official of the Grantee, or of any
designated public agencies or Sub-Recipients which are receiving funds under
the CDBG Entitlement Program.
4. Lobbying
The Sub-Recipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by
or on behalf of it, to any person for influencing or attempting to
influence an officer or employee of any 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 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 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. It will require that the language of paragraph (d) of this
certification be included in the award documents for all sub awards
at all tiers (including subcontracts, subgrants, and contracts under
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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 13 52, 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.
5. Religious Organizations
The Sub-Recipient agrees that funds provided under this contract will not be
utilized for religious activities to promote religious interests, or for the benefit
of a religious organization in accordance with the Federal regulations specified
in 24 CR 570.2000).
6. Reversion of Assets
Upon expiration of this Agreement, the Sub-recipient shall transfer to the
Village any CDBG funds 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 6a
above, the Sub-recipient shall pay to the Village 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 Village. No payment is required after the period of time specified
in paragraph 6a of this section.
IX. SEVERABILITY
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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.
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IN WITNESS WHEREOF, the Parties have executed this contract:
THE VILLAGE OF MOUNT PROSPECT
NW CENTER AGAINST SEXUAL ASSAULT
BY:
BY:
Mayor
Executive Director
ATTEST:
Village Clerk
Notary Public
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