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HomeMy WebLinkAbout5. New Business 04/19/2011KLEIN, THORPE & JENKINS. LTD. Attorneys at Law Mr. Sean Dorsey Deputy Director of Public Works Village of Mount Prospect 1700 West Central Road Mount Prospect, IL 60056 Re: Dear Mr. Dorsey: 20 N. Wacker Drive, Ste 1660 Chicago, Illinois 60606 -2903 T 312 984 6400 F 312 984 6444 DD 312 984 6410 dgwalsh ®ktjlaw.com February 15, 2011 Groundwater Ordinance 127, 129 and 131 W. Prospect Avenue Mount Prospect, Illinois 15010 S. Ravinia Avenue, Ste 10 Orland Park, Illinois 60462 -5353 T 708 349 3888 F 708 349 1506 As you know, Prospect Holdings LLC has asked the Village of Mount Prospect to adopt an ordinance that would ban the use of groundwater wells within a certain limited area around the site located at 127, 129 and 131 W. Prospect Avenue so that Prospect Holdings LLC can obtain a No Further Remediation Letter from the Illinois Environmental Protection Agency ( "IEPA ") using the Tiered Approach to Cleanup Objectives with respect to this contaminated site. The Village has asked K -Plus Environmental Engineering Group and the undersigned to provide the Village with our recommendations regarding Prospect Holdings LLC's request. In K -Plus Environmental Engineering Group's opinion, given the information that they have reviewed to date, the adoption of the groundwater ordinance would not subject the Village or its residents to an undue health or environmental risk. A copy of K -Plus' opinion is enclosed. As we discussed in the past, from a legal standpoint, if the Village of Mount Prospect was to adopt an ordinance that would prohibit the use of groundwater as a potable water supply (within a distance acceptable to the Village and the IEPA of the Prospect Holdings LLC site) by the installation or drilling of new wells by all parties, including the Village itself, the regulations do not call for the Village to take any further action but, rather, places the burden on Prospect Holdings LLC for monitoring the Village's activities with respect to this ordinance. Simply put, from a legal perspective, the Village would not be required to take any further steps other than to adopt (and presumably not modify or rescind) the groundwater ordinance. As noted however, no new wells, including Village wells could be placed in the groundwater ordinance area. As such, the Village will need to consider how large or small of an area they would like the ordinance to apply. There are three options available for the Village to consider in terms of area which are 1) a limited area (600 feet) specific to the vicinity of the Prospect Holdings LLC; 2) an expanded area to include a larger area surrounding the Prospect Holdings site (i.e., 2,500 feet) and a Village -wide ordinance. There are, of course, pros and cons to each option which I would be 2645891 Mr. Sear, Dorsey Page 2 February 15, 2011 glad to discuss with you. Prospect Holdings is seeking a 600 foot radius ordinance, and I have enclosed a draft ordinance to reflect the same. You will note that K -Plus is recommending that the Village enter into an Agreement similar to a Highway Authority Agreement to provide for the financial protection provisions that are sometimes found in the Highway Authority Agreement. However, the recent amendments to the Highway Authority Agreement regulations now require Highway Authority Agreements that do not have the protections that are important to municipalities, such as the indemnity and reimbursement provisions. Protection against future claims and contamination is provided to the Village through an environmental indemnity agreement. Prospect Holdings LLC has agreed on behalf of itself, its successors and assigns, at its sole costs and expense to indemnify, defend and hold the Village and the Village's former, current and future officials, trustees, officers, servants, employees, agents, successors and assigns (collectively referred to as Village Affiliates ") both in their capacities as Village representatives and as individuals, harmless from and against any loss, actions, responsibilities, obligations, liability, damage, claims, penalties, fines, injunctions, suits, proceedings, disbursements or expenses arising under or relating to any environmental laws or any other liabilities which may be incurred by or asserted against any of the Village Affiliates directly or indirectly, resulting or arising from, alleged to arise from, or caused by, in whole or in part, from the presence of hazardous materials on, in or from Prospect Holdings LLC's property (including the groundwater thereunder) and/or any condition of any property (including groundwater) or surface water alleged to have been caused from the presence of those chemicals or substances which are or were commonly used at Prospect Holdings LLC's property and which are defined as hazardous, special or toxic materials, substances or waste under any environmental law. In addition to this indemnity, if the Village encounters hazardous materials while working in, on or under the Prospect Holdings LLC property (including but not limited to such areas as within municipal easements and/or Right -of -Ways) or encounters hazardous materials migrating from Prospect Holdings LLC's property, the Village has the right to remove the contaminated soil or groundwater above Tier 1 residential remediation objectives from the area it is working in and intends to do work and to dispose of those materials as it deems appropriate not inconsistent with the applicable environmental laws so as to avoid causing a further release of the hazardous materials and to protect human health and the environment. Prior to taking any action noted above, the Village will first give Prospect Holdings LLC written notice, unless there is an emergency or an immediate threat to the health or safety to any individual or to the public, that it intends to perform a site investigation and remove or dispose of contaminated soil or groundwater to the extent necessary for its work. Failure to give notice, however, is not a violation of the Indemnity Agreement. In any event, Prospect Holdings LLC shall reimburse the reasonable costs incurred by the Village to perform the site investigation and to dispose of any contaminated soil or groundwater. If asked, Prospect Holdings LLC will 2645891 Mr. Sean Dorsey Page 3 February 15, 2011 cooperate with the Village in the removal and disposal of such soil and groundwater and will sign all necessary documents and manifests for the proper transportation and disposal of the soil and/or groundwater. There is, however, a risk associated with relying solely on an LLC to backup the obligations set forth in the Environmental Indemnity Agreement and as such, we have included as part of that indemnification a Guaranty of Performance and Payment from the Lee's and would recommend that the Indemnity Agreement be recorded to bind successors in title to the property. The Village should keep in mind, however, that by adopting the groundwater ordinance, the Village of Mount Prospect will aid in allowing the contamination to remain in place not only on the Prospect Holdings LLC property but also on any public and/or private property within the Groundwater Ordinance area. If the Village were to adopt the ordinance, Prospect Holdings LLC would be obligated only to notify the affected property owners of the existence of the ordinance and the IEPA would not require the approval or involvement of those property owners. Please let me know how the Village would like to proceed at this point. Of course, if you should have any questions, please do not hesitate to call me. Very truly yours, K , AND JENKINS, LTD. L / Dennis G. Walsh Enclosures 264589_1 KO K•PLUS ENGINEERING Direct Dial: 312.207.5700 E -Mail: dan @kplus.com September 10, 2010 Mr. Dennis G. Walsh Klein, Thorpe and Jenkins, LTD. Suite 1660 20 N. Wacker Drive Chicago, IL 60606 Re: 127/129 & 131 West Prospect Avenue Mount Prospect, Illinois 60056 Dear Dennis: As you requested, I have completed my review and evaluation of the environmental reports for the above - referenced sites that were prepared by Huff & Huff, Inc. (Huff & Huff) on behalf of the property owner. Specifically, my evaluation included a review and evaluation of the Focused Site Investigation, Remedial Objectives, Remedial Action Plan and Remedial Action Completion Report Supplement dated July 2010 for 127/129 West Prospect Avenue and the Focused Site Investigation Report dated July 2010 for 131 West Prospect Avenue prepared by Huff & Huff. These investigations have been completed in order to characterize and delineate the nature and extents of contamination at the site pursuant to the requirements of the Illinois LUST Program and the TACO rules in order to satisfy the requirements to obtain an NFR letter for the site. According to the data contained in these documents, multiple soil and groundwater investigations have been completed at the Subject Property between 2000 and 2009 in order to evaluate contamination that was caused by a former dry cleaner. As required by LUST regulations, Huff & Huff completed a Tier 2 evaluation as part of the overall evaluation of risk from this site. The Tier 2 modeling suggests that the current soil and groundwater concentrations of the contaminants of concern, tetrachloroethylene / perchloroethylene (PCE), trichloroethylene (TCE), cis- l,2- dichloroethylene (cis -DCE), trans -1,2- dichloroethylene (trans - DCE), and vinyl chloride (VC) will not meet TACO Tier 1 objectives at the property boundaries. Huff & Huff groundwater modeling results predict an off site impacts approximately 400 feet from the site. According to the Huff & Huff reports, the closest private well still in operation is approximately 2,500 feet northwest of the site while the closest public water supply is nearly 5,000 feet away to the northwest. There are no potable wells within 2,500 feet of the site and the Village has not passed an ordinance prohibiting the installation and/or use of potable wells within Village limits. Because analytical testing and modeling concentrations indicate that contamination may extend off the property and the Village of Mount Prospect is supplied by City of Chicago water; Huff & Huff, on 15 SPINNING WHEEL ROAD, SUITE 320 . HINSDALE, IL 60521 . 312.207.1600 . WWW.KPLUS.COM Mr. Dennis G. Walsh Project No. 20080A September 10, 2010 Page 2 of 2 behalf of the property owner, has requested that the Village enact an ordinance to restrict future ground water use around the site. Specifically, Huff & Huff has requested that the Village restrict groundwater use ..."within a 600 feet in diameter from the property center ". Obviously, Huff & Huff would not ask for an ordinance that would only cover property in a 300 foot radius from the site when their modeling shows potential impacts to a distance of 400 feet. It appears that what they are truly asking for is an ordinance covering a 600 foot radius from the center of the site which is 50 percent greater than the area potentially impacted as suggested by the modeling. Passage of this ordinance will allow Huff & Huff to meet the IEPA regulations for a TACO risk -based closure of this SRP site. It is the opinion of K -Plus that the restriction of groundwater by Village ordinance within a 600 foot radius of the site is appropriate. Additionally, the Village may want to consider requiring that the owners enter into an agreement similar to a Highway Authority Agreement to address both soil and ground water contamination that may be encountered in the future under the adjacent alley. Huff & Huff data indicates that existing soil contamination stops short of the alley, but since they did not model soil migration, it would be appropriate to ask for this agreement. Any migration of contamination off site into the adjacent Village alley is a potential future problem for the Village no matter if the level of such contamination exceeds applicable cleanup objectives or not. During any future excavation of these impacted soils, the Village could incur additional charges to handle, transport, and dispose of these materials because clean fill facilities will prohibit these materials because they are not "clean". This evaluation has been performed in conformance with all applicable legal requirements and accepted practices prevailing in the environmental engineering and consulting industries. The personnel who performed the investigation are properly licensed and certified in accordance with the requirements of any federal, state, and local laws, rules and regulations. K -Plus Environmental, its officers, and its employees have no present or contemplated interest in the property or the parties involved. Our employment and compensation for preparing this report are not contingent upon any action or event resulting from the analyses, opinions, observations, or conclusions, in or from the use of, this report. The reported analyses, opinions, observations, and conclusions are unbiased, professional, and limited only by the reported assumptions, qualifications, and conditions stated herein. If you have any questions concerning my evaluation, findings, or recommendations, please call me. Sincerely, K -PL U ENG RING . ���� . a el M. Caphce, P.E. K4 www.kplus.com 0 90 180 N Feet FIGURE 2 -1 GROUNDWATER USE RESTRICTION MAP 127 / 129 W. PROSPECT AVENUE MOUNT PROSPECT, COOK COUNTY, ILLINOIS MKC -GM USE - LIMITS GUARANTY OF AND PAYMENT In consideration of, and as an inducement for the granting, execution and delivery of the Environmental Indemnity Agreement dated N ovember 5 , 2010 (hereinafter called the "Indemnity Agreement "), by the VILLAGE OF MOUNT PROSPECT, Illinois, the municipality therein named (hereinafter called the "Village ") to PROSPECT HOLDINGS, LLC the Indemnitor therein named (hereinafter called "Prospect Holdings "), the undersigned, (hereinafter called the "Guarantors "), hereby unconditionally, absolutely, irrevocably, jointly and severally guarantee as to the Village, its successors and assigns, the full and prompt payment of all the sums and charges payable by Prospect Holdings, its successors and assigns, under the Indemnity Agreement, and full performance and observance of all covenants, terms, obligations, conditions and agreements therein provided to be performed and observed by Prospect Holdings, its successors and assigns; and the Guarantors hereby covenant and agree to act with Village, its successors and assigns, that if default shall at any time be made by Prospect Holdings, its successors and assigns, in the payment of any sums due and owing to the Village, payable by Prospect Holdings under said Indemnity Agreement, or in the performance of any of the terms, covenants, obligations, provisions, agreements or conditions contained in said Indemnity Agreement, the Guarantors will forthwith pay such sums to the Village, its successors and assigns, and any arrearage thereof, and will forthwith faithfully perform and fulfill all of such terms, covenants, obligations, conditions, agreements and provisions and will forthwith pay to the Village all damages that may arise in consequence of any default by Prospect Holdings, its successors and assigns, under the Indemnity Agreement including, without limitation, all reasonable attorney's fees incurred by the Village or caused by any such default and by the enforcement of this Guaranty. Exhibit C 258961_1 This Guaranty is an absolute, continuing and unconditional Guaranty of payment and of " performance of suretyship. It shall be enforceable against the Guarantors, jointly and severally, their respective representatives, successors and assigns and heirs, without the necessity for any suit or proceedings on the Village's part of any kind of nature whatsoever against Prospect Holdings, its successors and assigns, and without the necessity of any notice of non - payment, non - performance, or non - observance on any notice of acceptance of this Guaranty or any other notice or demand to which the Guarantors might otherwise be entitled, all of which the Guarantors hereby expressly waive; and the Guarantors hereby expressly agree that the validity of this Guaranty and the obligations of the Guarantors hereunder shall in no way be terminated, affected or impaired by reason of the assertion or the failure to assert by the Village against Prospect Holdings, or Prospect Holdings' successors and assigns, of any of the rights and remedies reserved to the Village pursuant to the provisions of the Indemnity Agreement. The Guaranty shall be a continuing Guaranty, and the liability of the Guarantors hereunder shall in no way be affected, modified or diminished by reason of any assignment, renewal, modification or extension of the Indemnity Agreement or by reason of any modification or waiver of or change in any of the terms, covenants, conditions, obligations, agreements or provisions of the Indemnity Agreement, or by reason of any extension of time that may be granted by the Village to Prospect Holdings, its successors and assigns, or by reason of any dealings or transactions or matter or things occurring between the Village and Prospect Holdings, its successors and assigns whether or not notice thereof is given to the Guarantors. This Guaranty cannot be assigned, transferred, modified, changed, altered or terminated in any manner whatsoever without the express written consent of the Village. The Guarantors agree that this Guaranty Agreement shall not be discharged, limited, impaired or affected by (1) either the existence or non - existence of Prospect Holdings as a legal entity; (2) the transfer of Prospect Holdings of all or any part of the real estate or Property 258961_1 2 described in -the Indemnity Agreement; (3) the -power or authority of Prospect Holdings to enter into the Indemnity Agreement; or (4) the operations of any present or future provision of the United States Bankruptcy Code or similar statute, or from the decision of any court, including without limitation, any proceedings with respect to the voluntary or involuntary liquidation, dissolution, sale or other disposition of all or substantially all of the assets, the marshalling of assets and liabilities, receivership, insolvency, bankruptcy, assignment for the benefit of creditors, reorganization, arrangement, imposition or readjustment of, or similar proceedings affecting Prospect Holdings or any of the Guarantors hereunder or any of their assets, it being expressly understood and agreed that no such proceeding shall affect, modify, limit or discharge the liability or obligation of the Guarantor hereunder in any manner whatsoever, and that said Guarantor shall continue to remain absolutely liable under this Guaranty to the same extent, and in the same manner as if such proceedings had not been instituted. The Guarantors agree that no provision of the Guaranty or right of the Village can be waived, nor can the Guarantors be released from any obligation hereunder, except by a written document executed by the Village. Dated: N Wm �LW S 9 2010 SUBSCRIBED and SWORN TO before me this S4-b day of Oyern 66_V , 2010 N tary ublic OFFICIAL SEAL ROBYN MARKLEY NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 11. 6.2011 GUARANTORS (Sign ame) Print Name �'- Addses 258961_1 3 r SUBSCRIBED and SWORN TO before me this 5 h day of MOVQm b e,� , 2010 otary ublic OFFICIAL SEAL ROBYN MARKLEY NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 11.62011 SUBSCRIBED and SWORN TO before me this day of 2010 Notary Public SUBSCRIBED and SWORN TO before me this day of 2010 Notary Public 258961_1 4 GUARANTORS " (Sign Name) S�tu � Print Name Addr (Sign Name) Print Name Address (Sign Name) Print Name Address This document prepared by: Dennis G. Walsh Klein, Thorpe and Jenkins, Ltd. 20 N. Wacker Drive — Suite 1660 Chicago, Illinois 60606 For Recorder's Use Only ENVIRONMENTAL INDEMNITY AGREEMENT This ENVIRONMENTAL INDEMNITY AGREEMENT is entered into as of the 5th day of November_ 201 0 2 0004 by PROSPECT HOLDINGS, LLC ( "Indemnitor ") and the VILLAGE OF MOUNT PROSPECT, Cook County, Illinois (the "Village "). RECITALS A. WHEREAS, Indemnitor is the owner of certain real property located at 127 -129 W. Prospect Avenue, Mount Prospect, Illinois ( "Indemnitor's Property ") and legally described in Exhibit A and B. WHEREAS, a release to the environment of contaminants associated with dry cleaning activities has occurred in the past at the Indemnitor's Property. As a result of said release, the groundwater at the Indemnitor's Property contains detectable concentrations of contamination. The groundwater impacted by contamination may extend beyond the Indemnitor's Property; and C. WHEREAS, Indemnitor desires to limit any potential threat to human health from groundwater impacted with the contaminants and has requested that the Village enact a groundwater ordinance ( "Groundwater Ordinance ") that prohibits the installation of new groundwater wells for potable water supply in an area adjacent to and including the Indemnitor's Property. The proposed Groundwater Ordinance is attached hereto as Exhibit B. NOW, THEREFORE, in consideration of the terms and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. This Limited Environmental Indemnity Agreement ( "Agreement ") is not binding upon the Village until. it is executed by the undersigned representative of the Village of Mount Prospect and, prior to execution, this Agreement constitutes an offer by Indemnitor. The duly authorized representative of Indemnitor has signed this Agreement, and this Agreement is binding upon Indemnitor, its successors and assigns. 258959_1 2. The Village agrees that it will adopt the Groundwater Ordinance provided, however, that if the Village does not adopt the Groundwater Ordinance or rescinds the Groundwater Ordinance, this Agreement shall be deemed null and void, and Indemnitor shall have no other remedy against the Village. No breach by the Village, its agents, trustees, employees and its successors in interest of a provision of this Agreement is actionable in law or equity by Indemnitor against the Village, and Indemnitor hereby releases the Village and Village Affiliates (as defined below) from any cause of action it may have against them arising under this Agreement or Environmental Laws (as defined below), regulations or common law. Specifically, Indemnitor knowingly waives and releases the Village and /or Village Affiliates from any and all claims, debts, dues and obligations of every kind and nature under the Illinois and United States Constitutions as well as under any federal or state statutes or laws, including but not limited to environmental laws related to the subject matter of this Agreement. Indemnitor further waives all remedies (including those which may be available under the Civil Rights Act) which are available to it for the violations of any of the terms of this Agreement, including but not limited to the equitable remedy of specific performance, and agrees not to seek injunctive relief of any sort. Indemnitor covenants not to sue the Village and /or Village Affiliates for a violation of any provision or terms of this Agreement. 3. Indemnitor on behalf of itself, its successors and assigns does hereby covenant and agree, at its sole cost and expense, to indemnify, defend and hold the Village and the Village's former, current and future officials, trustees, officers, servants, employees, agents, successors and assigns (collectively "Village Affiliates "), both in their capacities as Village representatives and as individuals, harmless from and against any loss, actions, responsibilities, obligations, liability, damage (whether direct or consequential), expenses, claims (whether asserted or unasserted, direct or indirect, existing or inchoate, known or unknown, having arisen or to arise in the future), penalties, fines, injunctions, suits (including but not limited to suits alleging or related to personal injury and /or death), proceedings, disbursements or expenses (including, without limitation, attorneys' and experts' fees and disbursements and court costs) (collectively, the "Liabilities "), arising under or relating to any Environmental Laws (as defined below), or any other Liabilities which may be incurred by or asserted against any of the Village Affiliates resulting or arising from, alleged to arise from, or caused by, in whole or in part, from the presence of Hazardous Material (as defined below) on, in or from the Indemnitor's Property (including the groundwater thereunder) and /or any condition of any property (including groundwater) or surface water alleged to have been caused by the migration, transportation, release or threatened release of Hazardous Materials on or from the Indemnitor's Property. Indemnitor shall assume the expense of defending all suits, administrative proceedings and disputes of any description with all persons, entities, political subdivisions or government agencies arising out of the matters to be indemnified under this Agreement. In the event that the Village or any of the Village Affiliates is /are named as a defendant(s) in any lawsuit arising out of the matters to be indemnified under this Agreement, the Village and /or any of the Village Affiliates shall have the right to choose the attorney(s) who represent(s) them in said lawsuit, and the reasonable costs, expenses and fees associated with said attorney(s) in relation to said lawsuit shall be paid by Indemnitor pursuant to the indemnification provisions herein. Indemnitor shall pay, promptly upon entry, any nonappealable order, judgment or other final resolution of any claim or dispute arising 258959_1 2 out of the matters to be indemnified under this Agreement and shall pay promptly when due any fines, penalties or agreed settlements arising out of the matters to be indemnified under this Agreement. In the event that such payment is not made, the Village or any Village Affiliate, at their sole discretion, may proceed to file suit against the Indemnitor to compel such payment. Indemnitor also agrees that it will not settle or compromise any action, suit or proceeding with the Village's prior written consent, which consent shall not be unreasonably withheld. For purposes of this Agreement, "Hazardous Materials" means and includes contaminants, chemicals known or suspected to cause cancer or reproductive toxicity, pollutants, effluents, contaminants, emissions or related materials, and any items defined as hazardous, special or toxic materials, substances or waste under any Environmental Law, or any material which shall be removed from property located within the Village of Mount Prospect pursuant to any administrative order or enforcement proceeding or in order to place said property in a condition that is suitable for ordinary use. Hazardous Materials shall include each and every element, compound, chemical mixture, contaminant, pollutant, material waste or other substance which is defined, determined or identified as hazardous or toxic under Environmental Law or the release of which is regulated under Environmental Laws. "Environmental Laws" collectively means and includes any present and future local, state, federal or international law, statute, ordinance, order, decree, rule, regulation or treaty relating to public health, safety or the environment (including those laws relating to releases, discharges, emissions or disposals to air, water, land or groundwater, to the withdrawal or use of groundwater, to the use, handling, storage, disposal, treatment, transportation or management of Hazardous Materials) including, without limitation, the Resource Conservation and Recovery Act, as amended ( "RCRA "), 42 U.S.C. §6901, et seq. the Comprehensive Environmental Response, Compensation and Liability Act ( "CERCLA "), 42 U.S.C. §9601, et seq ., as amended by the Superfund Amendments and Reauthorization Act of 1986 ( "SARA "), the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq. the Clean Water Act, 33 U.S.C. §1251, et seq. the Clean Air Act, as amended, 42 U.S.C. §7401, et seq. the Toxic Substances Control Act, 15 U.S.C. §2601, et seq. the Safe Drinking Water Act, 42 U.S.C. §300f, et seq. the Occupational Safety and Health Act, 29 U.S.C. §655, et seq. the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §136, et seq. the National Environmental Policy Act, 42 U.S.C. §4321, et seq. the Emergency Planning and Community Right -to -Know Act, 42 U.S.C. §11001, et seq. and the Illinois Environmental Protection Act, and the amendments, regulations, orders, decrees, permits, licenses or deed restrictions now or hereafter promulgated thereunder. In addition to the indemnity provided above, if the Village or Village Affiliates encounter Hazardous Materials while working in, on or under or near the Indemnitor's Property (including but not limited to such areas as within municipal easements and /or Right -of -Ways) or encounter Hazardous Materials migrating from Indemnitor's Property, the Village has the right to remove contaminated soil or groundwater from the area it is working and intends to do work and to dispose of them as it deems appropriate not inconsistent with applicable Environmental Laws so as to avoid causing a further release of the Hazardous Materials and to protect human health and the environment. If Hazardous Materials are found anywhere within the boundaries of the proposed Groundwater Ordinance, there is a presumption that the Hazardous Materials migrated from and are attributable to the Indemnitor's Property. 258959_1 3 The removal or disposal shall be based upon the site investigation (which may be modified by field conditions during excavation), which Indemnitor may review or may perform, if requested to do so by the Village. If practicable, as determined by the Village, the Village may request Indemnitor to remove and dispose of the contaminated soil and/or groundwater necessary for the Village's work in advance of that work. In any event, Indemnitor shall reimburse the reasonable costs incurred by the Village to perform the site investigation and to dispose of any contaminated soil or groundwater. The parties understand and agree that the Village's soil and groundwater removal will be in conjunction and/or associated with other work being done by the Village in, on, under or near the Indemnitor's Property, and part of the purpose of this paragraph is that if the Village encounters contaminated soil and /or groundwater while working on its utilities, or on a municipal project or otherwise, it will not be responsible in any way for the cost associated with encountering, removing and /or disposing of the contaminated soil and/or groundwater. In addition, it is specifically understood and agreed between the parties that the Village will not be identified at any time, in any place, document or manifest as the owner, generator or transporter of contaminated soil or groundwater taken from Indemnitor's Property. If asked, Indemnitor will cooperate with the Village in the removal and disposal of such soil and groundwater and will sign all necessary documents and manifests for the proper transportation and disposal of the soil and/or groundwater. 4. If requested by the Village, Indemnitor shall immediately deliver to the Village any and all records, documents (including writings, drawings, graphs, charts, photographs, phono records, and other data compilations from which information can be obtained, translated, if necessary, through detection devices into reasonably usable form), or reports of any kind (including all written, printed, recorded or graphic matter however produced or reproduced and all copies, drafts and versions thereof not identical in each respect to the original) which relate or refer (which means, in addition to their customary and usual meaning, assess or assessing, concern or concerning, constitute or constituting, describe or describing, discuss or discussing, embody or embodying, evidence or evidencing, mention or mentioning and reflect or reflecting) environmental matters and /or conditions associated directly or indirectly with the Indemnitor's Property (including the groundwater thereunder), including but not limited to written reports or a site assessment, environmental audits, soil test reports, water test reports, laboratory analysis and documents, reports or writings relating or referring to the Indemnitor's Property provided, however, that nothing in this paragraph shall require the Indemnitor to deliver to the Village those communications and documents that are encompassed by the attorney - client privilege and /or the attorney work product doctrine. 5. Any notice required or permitted to be given to either party shall be deemed to be received by such party (i) three (3) days after deposit in the United States Registered or Certified Mail, Return Receipt Requested, or (ii) one (1) business day after deposit with a nationally recognized overnight delivery service guaranteeing next business day delivery, or (iii) upon personal delivery to the party to whom addressed provided that a receipt of such delivery is obtained, or (iv) on the same business day as transmitted and confirmed by telecopy provided that a confirmation copy is concurrently deposited in United States Certified or Registered Mail, Return Receipt Requested. Such notices shall be addressed to the parties at the following addresses: 258959_1 4 If to Indemnitor Prospect Holdings, LLC 2950 Old Higgins Road Elk Grove Village, Illinois 60007 Attn: Steve Lee If to the Village Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 Attn: Michael Janonis, Village Manager Facsimile No.: (847) 392 -6022 and with a copy to: Klein, Thorpe and Jenkins, Ltd. 20 North Wacker Drive - Suite 1660 Chicago, Illinois 60606 -2903 Attn: Dennis G. Walsh Facsimile No.: (312) 984 -6444 or to the parties at such other addresses or telecopy numbers as they may designate by notice to the other party as herein provided. 6. This Agreement has been made and delivered in Illinois and shall be construed according to and governed by the internal laws of the State of Illinois without regard to its conflict of law rules. If any provision hereof shall be held invalid, prohibited or unenforceable under any applicable laws of any applicable jurisdiction, such invalidity, prohibition or unenforceability shall be limited to such provision and shall not affect or invalidate the other provisions hereof or affect the validity or enforceability of such provision in any other jurisdiction, and to that extent, the provisions hereof are severable. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. 7. Failure of the Village to require performance of any provision of this Agreement shall not affect the Village's right to require full performance thereof at any time thereafter, and the waiver by the Village of a breach of any provision of this Agreement shall not constitute or be deemed a waiver of a similar breach in the future, or any other breach, or nullify the effectiveness of such provisions of this Agreement. The rights and remedies of the Village of this Agreement are cumulative. The exercise or use of any one or more thereof shall not bar the Village from exercise or use of any other right or remedy provided herein or otherwise provided by law, nor shall exercise or use of any right or remedy by the Village waive any other right or remedy. The parties are aware of 42 U.S.C. §9607(e), and waive any rights they may otherwise have to assert that such statute does not permit, or renders invalid, the waivers or indemnity provisions contained in this Agreement. 8. This Agreement shall be binding upon the Indemnitor and the successors and assigns. No transfer of Indemnitor's rights or obligations hereunder shall be made without the prior written approval of the Village's Board of Trustees, which approval shall be with their reasonable discretion. 258959_1 5 9. The parties shall record a certified (by the Village Clerk) copy of this Environmental Indemnity Agreement in the office of the Cook County Recorder of Deeds and upon recordation thereof, the covenants, conditions and obligations of the Indemnitor hereto shall be binding upon its successors in title and shall be deemed covenants which shall run with the land until the termination of this Agreement. In addition, this Environmental Indemnity Agreement shall constitute a lien on the Indemnitor's Property for the payment of all sums due the Village under the terms hereof as well as for the performance of all other covenants, conditions and obligations required of the Indemnitor. In the event the Indemnitor or the current or any subsequent owner of the Indemnitor's Property fails to pay the amounts owed to the Village under this Agreement in its entirety or fails to meet its /their other covenants, conditions and obligations hereunder, any such unpaid amount or expenses incurred by the Village shall accrue interest at the rate of nine percent (9 %) annually until paid, and the Village shall be entitled to foreclose this lien against the Indemnitor's Property, for said unpaid amount in the same manner as provided by law for the foreclosure of mortgages. The lien of this Agreement shall be superior to any subsequent liens or encumbrances which may attach to the Indemnitor's Property, except real estate taxes, and the lien of any future mortgage, encumbrance or evidence of indebtedness shall be subject and subordinate to the lien of this Agreement. The Village shall be entitled to all fees (including reasonable attorney's fees) and expenses incurred in connection with recording this lien and foreclosing on the same. The payment of said sums of money to be paid hereunder shall be the obligation of Indemnitor and any successors in title to the Indemnitor's Property, and no conveyance of the aforesaid Indemnitor's Property shall relieve Indemnitor, or any subsequent owner, of said obligation. In the event of a default in any payment to the Village, in addition to the remedy of foreclosure of this lien, the Village shall have all other rights and remedies against Indemnitor or any subsequent owner of the Property for the collection of said monies. Indemnitor specifically represents and warrants it is the legal titleholder of the Indemnitor's Property and that title to the Indemnitor's Property will not be transferred to any other persons or entity until this Environmental Indemnity Agreement has been first recorded in the office of the Cook County Recorder of Deeds. 10. This Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof. This Agreement may not be amended, modified, revised, supplemented or restated except by a writing signed by each of the parties hereto. In construing this Agreement or determining the rights of the parties hereunder, no party shall be deemed to have drafted or created this Agreement or any portion thereof. 11. Indemnitor will pay and discharge all reasonable costs, attorney's fees and expenses that shall be made and incurred by the Village in enforcing the covenants and agreements of this Agreement. 12. The executing representatives of the parties to this Agreement represent and certify that they are fully authorized to enter into the terms and conditions of this Agreement and to execute and legally bind that party to it. 13. As additional consideration for and assurance of performance of this Agreement, Indemnitor tenders to the Village, and the Village accepts the Guaranty of Performance and Payment attached to this Agreement as Exhibit C . 258959_1 6 IN WITNESS WHEREOF, the parties have executed this Limited Environmental Indemnity Agreement as of the day, month and year first above written. VILLAGE OF MOUNT PROSPECT PROSPECT HOLDINGS, LLC By: By. Name: Name: Title: Printed Name: �lt T � 21 1-e Title: Membej� anager Subscribed and Sworn to before me this 5 day of I vQ MN,) ` , 2010. N .nary Public QFF1ML SEAL N MARKL Y NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 11- 5-2011 2589591 7 ORDINANCE NO. ______________ AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD WHEREAS , the Village of Mount Prospect is a home rule unit pursuant to the provisions of Article VII, Section 6 of the Constitution of the State of Illinois; and WHEREAS, the Village has authority and power to regulate for the protection of the public health and welfare; and WHEREAS , the President and Board of Trustees of the Village of Mount Prospect have found that the property legally described below is located in the Village of Mount Prospect and has been used over a period of time for commercial/industrial purposes; and WHEREAS , because of said use, concentrations of certain chemical constituents in the groundwater in the vicinity of the said property may exceed Class I groundwater quality standards for potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier 1 residential remediation objectives as set forth in 35 Illinois Administrative Code 742; and WHEREAS , the Village of Mount Prospect desires to limit potential threats to human health from groundwater contamination while facilitating the redevelopment and productive use of the properties that are or may be impacted with the said chemical constituents; NOW, THEREFORE, Be It Ordained by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, as follows: SECTION 1: Use of Groundwater as a Potable Water Supply Prohibited. The use or attempt to use as a potable water supply groundwater located within a 600 foot resubdivision of lots 1 to 6, inclusive, of the resubdivision of lots 1 to 6, inclusive, in block 4; also of lots 2 and 3 in block 5; all of block 6; lots 13 to 24, inclusive in block 7; subdivision in the northwest ¼ of Section 12, Township 41 North, Range 11, east of the third principal meridian in Cook County, Illinois, as depicted on the attached plat of o survey (this location is further defined as having latitude of 42 o longitude of 87 as a potable water supply, by installation or drilling of wells or by any other method is hereby prohibited. This prohibition expressly includes the Village of Mount Prospect. Commonly Known as: 127, 129 and 131 W. Prospect Avenue, Mt. Prospect, IL 264594_1 SECTION 2: Penalties. Any person violating the provisions of this Ordinance shall be subject to a fine of up to $750.00 for each violation. SECTION 3: Definitions. "Person" is any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representatives, agents, or assigns. "Potable water" is any water used for human or domestic consumption including, but not limited to, water used for drinking, bathing, swimming, washing dishes, or preparing foods. SECTION 4: Repealer. All ordinances or parts of ordinances in conflict with this Ordinance are herein repealed insofar as they are in conflict with this Ordinance. SECTION 5: Severability. If any provision of this Ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the Ordinance as a whole or of any portion not adjudged invalid. SECTION 6: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the newspaper as required by law. Ayes: __________________________________________________________ Nays: __________________________________________________________ Absent: ________________________________________________________ Passed and Approved this _____ day of _________________, 2011. ___________________________________ Irvana K. Wilks Mayor Attest: ___________________________________ Village Clerk 264594_1 Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: FINANCE DIRECTOR DATE: APRIL 13, 2011 SUBJECT: 2011 BUDGET AMENDMENT NUMBER ONE PURPOSE: Present a recommendation that the annual budget be amended for fiscal year beginning January 1, 2011 and ending December 31, 2011. BACKGROUND: Ordinance 5826, adopted December 21, 2010, established the annual budget for the year ending December 31, 2011. DISCUSSION: In order to better manage the annual budget, the Village has taken to preparing budget amendments in early Spring and late Fall to account for carry-over items or material variations in revenues and/or expenditures. Many times this is as a result of fluctuations in the economy affecting revenues (either positively or negatively), extraordinary or unanticipated charges for expenditures or the timing of projects causing work to occur over different fiscal periods. This amendment adjusts original budget figures to reflect carry-over projects from the prior year. A proposed ordinance amending the 2011 consideration. In total, we are increasing the budget for revenues by $30,000 and expenditures by $4,841,719. We again have worked to limit the amount of carryover budget items in the General Fund being sensitive to the state of this budget. Amendments in other Funds are primarily for expenditures related to capital projects for building and infrastructure improvements, water and sewer system improvements and vehicles and equipment replacement. There were several notable adjustments made to expenditure accounts. The February snowstorm has caused the overtime account for snow removal and contractual snow removal budget to be significantly overspent. To cover year-to-date expenses and allow for potential snow events at the end of the year we recommend increasing these accounts $107,000 and $150,000 respectively. It is expected that a large portion of the costs incurred during the snowstorm will be reimbursed through a FEMA grant. The budget for EAB Reforestation has been increased by $30,000 which will be offset with grant monies. The original budget for this item was eliminated during the budget process. Final billing for the ERP project will occur during 2011 requiring a budget carryover of $322,800. This project remains under budget at the half-way point of the implementation. Final checklist items for the EOC construction project are to be completed in 2011 that require a $148,150 budget amendment. The budget for the 2011 Budget Amendment Number One April 13, 2010 Page 2 of 2 Phase I projects is also expected to come in under budget. Streetlight improvements totaling $796,242 are also being carried over. A portion of this expense ($220,000) is supported by EECBG grant monies. Work on repairing the #16 water tank has carried over into 2011. The remaining cost of these repairs is expected to be $746,500. Two final public works projects, the purchase of Automatic Meter Reading Equipment ($465,000) and the Basin 14 Foot Tile/Overhead Sewer Project ($290,000) account for the other significant expenditure amendments. RECOMMENDATION: It is recommended the Village Board adopt the proposed ordinance amending the 2011 Annual Budget. David O. Erb Finance Director DOE/ Copy: Finance Commission Department Directors C:\Documents and Settings\langell\Local Settings\Temporary Internet Files\Content.Outlook\59HO4I0V\Board Memo Amendment #1 - April 2011.docx VILLAGE OF MOUNT PROSPECT Budget Amendment No. 1 Fiscal Year January 1, 2011 through December 31, 2011 Revenues OriginalAmended RevenueIncreaseRevenue Fund/Program/ClassificationAccount #Account DescriptionEstimate(Decrease)Estimate General Fund Intergovernmental Revenue001.420.003Other Grants030,00030,000 030,00030,000 All other General Fund accounts40,570,430040,570,430 Total General Fund40,570,43030,00040,600,430 Total Estimated Revenues Funds being changed40,570,43030,00040,600,430 All other Village Budget accounts45,901,035045,901,035 Total Estimated Revenues After Changes86,471,46530,00086,501,465 1 VILLAGE OF MOUNT PROSPECT Budget Amendment No. 1 Fiscal Year January 1, 2011 through December 31, 2011 Expenditures CurrentAmended BudgetIncreaseBudget Fund/Program/ClassificationAccount #Account DescriptionAmount(Decrease)Amount General Fund Commodities & Supplies001.10.11.00.0.002.608.001Blood Program - Other Supplies0750750 Contractual Services001.20.23.00.0.000.546.002Personnel Recruitment2,0001,2003,200 Contractual Services001.20.25.00.0.000.530.010Marketing030,00030,000 Commodities & Supplies001.20.25.00.0.000.612.001Publications200100300 Other Employee Costs001.50.01.00.0.000.522.001Travel & Meetings400506906 Other Employee Costs001.60.01.00.0.000.525.004Training - Police123,0008,000131,000 Commodities & Supplies001.60.61.65.0.000.621.005Ammunition and Targets27,7002,00029,700 Contractual Services001.70.01.00.0.000.562.002Printing Expense2,7003,0005,700 Contractual Services001.70.71.00.0.000.532.002Equipment Maintenance1,7502,5004,250 Other Employee Costs001.70.73.00.0.000.525.004Training - Fire2,0001,5003,500 Personal Services001.80.81.81.0.354.503.001Overtime Earnings214,094107,000321,094 Contractual Services001.80.81.81.0.354.575.011Contractual Snow Removal56,000150,000206,000 Contractual Services001.80.82.83.0.000.576.005Private Tree Removal5,1754,97510,150 Contractual Services001.80.82.83.0.000.576.006Contractual Tree Removal86,40010,60597,005 Contractual Services001.80.82.83.0.000.576.007Contractual Stump Removal55,00021,98176,981 Contractual Services001.80.82.83.0.000.576.010EAB Reforestation030,00030,000 576,419374,117950,536 All other General Fund Accounts39,994,011039,994,011 Total General Fund40,570,430374,11740,944,547 Capital Improvement Fund Other Equipment020.20.24.00.1.000.665.038Server Virtualization13,5006,08919,589 Contractual Services020.30.01.00.1.000.561.001Financial Software Applications200,000322,800522,800 Contractual Services020.40.01.00.1.000.530.017EECBG - Bike Plan019,90019,900 Land020.40.01.00.1.000.641.001Corridor Improvements026,06526,065 Infrastructure020.80.01.00.1.702.677.005Detention Pond Improvements119,000113,516232,516 Infrastructure020.80.81.81.1.000.676.001Streetlight Improvements75,0004,87179,871 Infrastructure020.80.81.81.1.000.678.005Kensington Road Turn Lanes70,000112,699182,699 Building Improvements020.80.81.82.1.000.651.001Other Public Buildings95,00032,000127,000 Other Equipment020.80.81.82.1.000.666.001Emergency Generators0250,000250,000 572,500887,9401,460,440 All other Capital Improvement Fund Accounts403,0000403,000 Total Capital Improvement Fund975,500887,9401,863,440 Series 2009 Construction Fund Contractual Services021.70.01.00.1.000.530.006Other Professional Services0750750 Office Equipment021.70.01.00.1.000.656.001Office Equipment - Phase I Projects02,2002,200 Other Equipment021.70.01.00.1.000.665.031Other Equipment - Phase I Projects0145,200145,200 0148,150148,150 All other Series 2009 Construction Fund Accounts000 Total Series 2009 Construction Fund0148,150148,150 Downtown Redevelopment Construction Fund Infrastructure022.80.81.81.1.000.679.001Downtown Streetscape Program175,00068,134243,134 175,00068,134243,134 All other Downtown Redevelopment Construction Fund Accounts2,713,65702,713,657 Total Downtown Redevelopment Construction Fund2,888,65768,1342,956,791 2 VILLAGE OF MOUNT PROSPECT Budget Amendment No. 1 Fiscal Year January 1, 2011 through December 31, 2011 Expenditures CurrentAmended BudgetIncreaseBudget Fund/Program/ClassificationAccount #Account DescriptionAmount(Decrease)Amount Street Improvement Construction Fund Contractual Services023.80.81.81.1.000.575.006Resurface Testing42,00012,70854,708 Infrastructure023.80.81.81.1.000.676.001Streetlight Improvements0796,242796,242 Infrastructure023.80.81.81.1.000.678.003Street Resurfacing1,530,00016,6901,546,690 1,572,000825,6402,397,640 All other Street Improvement Fund Accounts175,0000175,000 Total Street Improvement Fund1,747,000825,6402,572,640 Flood Control Construction Fund Infrastructure024.80.01.00.1.702.677.001Creek Bank Stabilization25,00025,00050,000 Infrastructure024.80.81.81.1.702.677.010Hatlen Heights Storm Sewer025,00025,000 25,00050,00075,000 All other Flood Control Construction Fund Accounts380,1500380,150 Total Flood Control Construction Fund405,15050,000455,150 Motor Fuel Tax Fund Infrastructure041.80.83.86.0.357.676.003Traffic Signal Replacement060,00060,000 060,00060,000 All other Motor Fuel Tax Fund Accounts1,086,30201,086,302 Total Motor Fuel Tax Fund1,086,30260,0001,146,302 Water and Sewer Fund Other Employee Costs050.80.84.00.0.000.524.001Uniform Expense17,52325,28542,808 Contractual Services050.80.84.00.0.000.560.009GIS Maintenance20,60014,14034,740 Office Equipment050.80.84.00.0.000.655.002Computer Equipment - New05,0005,000 Office Equipment050.80.84.00.0.000.656.007Office Equipment01,0881,088 Other Equipment050.80.84.00.0.000.668.005Radio Equipment02,1582,158 Contractual Services050.80.84.87.0.376.574.012Landscape and Fence Maintenance42,00025,21167,211 Contractual Services050.80.84.87.0.379.532.002Equipment Maintenance20,00018,20838,208 Distribution Systems050.80.84.87.0.379.671.001Water Tank Renovation/Repair0746,500746,500 Distribution Systems050.80.84.87.0.379.671.004Tank Design Engineering022,00022,000 Contractual Services050.80.84.87.0.380.530.005Control Systems Programming38,00010,70048,700 Contractual Services050.80.84.87.0.380.571.006Backflow Prevention Program71,06559,288130,353 Other Equipment050.80.84.87.0.380.665.047Video Security Cameras08,0008,000 Other Equipment050.80.84.87.0.380.666.002Emergency Generators - Wells125,000107,490232,490 Contractual Services050.80.84.87.0.381.547.003Vehicle Rental6,9535,10012,053 Contractual Services050.80.84.87.0.381.569.001Meter Installation60,00073,000133,000 Contractual Services050.80.84.87.0.381.569.002Meter Testing and Repair24,75026,80051,550 Other Equipment050.80.84.87.0.381.665.001Automatic Meter Reading Equipment100,000465,000565,000 Other Equipment050.80.84.87.0.381.665.050Water Meters63,34541,870105,215 Contractual Services050.80.84.88.0.377.571.001Sewer Replacement/Repair50,00015,80065,800 Distribution Systems050.80.84.88.0.377.671.003Water Main Replacement47,000180,460227,460 Distribution Systems050.80.84.88.0.377.672.001Basin 14 Foot Tile/OH Sewer Project611,000290,000901,000 Distribution Systems050.80.84.88.0.377.672.003Combined Sewer Improvements1,000,00088,2501,088,250 Contractual Services050.80.84.88.0.383.571.002Sewer Inspections24,93028,49053,420 Other Equipment050.80.84.88.0.383.665.026Lift Station Standby Generator085,90085,900 2,322,1662,345,7384,667,904 All Other Water and Sewer Fund Accounts8,508,26808,508,268 Total Water and Sewer Fund10,830,4342,345,73813,176,172 3 VILLAGE OF MOUNT PROSPECT Budget Amendment No. 1 Fiscal Year January 1, 2011 through December 31, 2011 Expenditures CurrentAmended BudgetIncreaseBudget Fund/Program/ClassificationAccount #Account DescriptionAmount(Decrease)Amount Parking System Revenue Fund Building Improvements052.80.81.82.1.000.651.004Train Station Improvements25,00025,00050,000 25,00025,00050,000 All other Village Parking System Revenue Accounts237,2950237,295 Total Village Parking System Revenue Fund262,29525,000287,295 Vehicle Replacement Fund Mobile Equipment061.80.86.00.1.000.660.006Public Works Vehicles398,55057,000455,550 398,55057,000455,550 All other Vehicle Replacement Fund Accounts215,1000215,100 Total Vehicle Replacement Fund613,65057,000670,650 Total Village Budget Funds being changed59,379,4184,841,71964,221,137 All other Village Budget Accounts23,240,006023,240,006 Total Village Budget after Changes82,619,4244,841,71987,461,143 4 ORDINANCE NO. ________ AN ORDINANCE MAKING CERTAIN AMENDMENTS TO THE ANNUAL BUDGET ADOPTED FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2011 AND ENDING DECEMBER 31, 2011 _______________________________________________________________________________________ WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have passed and approved WHEREAS, pursuant to the aforesaid Ordinance and the Statutes of the State of Illinois an annual budget for the fiscal year commencing January 1, 2011 and ending December 31, 2011 was adopted through the passage of Ordinance No. 5826 approved by the Corporate Authorities of the Village of Mount Prospect on December 21, 2010; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have further reviewed certain additions and changes to the aforesaid budget for the fiscal year beginning January 1, 2011 and ending December 31, 2011; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect believe the changes, as specified on the attached January 1, 2011 through December 31, 2011 Budget Amendment Number One to be in the best interest of the Village of Mount Prospect; and WHEREAS, the Village has now revised the revenue projections or has reserves in each of the Funds in which the budget is being increased adequate in amount to cover the budget changes reflected in Budget Amendment Number One, attached hereto. NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the fiscal year budget for January 1, 2011 through December 31, 2011 for the Village of Mount Prospect is hereby amended, as detailed on Budget Amendment No. 1 attached hereto. SECTION TWO: That this ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. AYES: NAYES: ABSENT: PASSED and APPROVED this day of , 2011. ________________________________________ Irvana K. Wilks Mayor ATTEST _______________________________________ M. Lisa Angell Village Clerk ORDINANCE NO. _______________ AN ORDINANCE MAKING CERTAIN AMENDMENTS TO THE ANNUAL BUDGET ADOPTED FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2011 AND ENDING DECEMBER 31, 2011 _____________________________________________________________________________ PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the day of , 2011 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois the day of , 2011. Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: FINANCE DIRECTOR DATE: APRIL 13, 2011 SUBJECT: RESERVATION OF PRIVATE ACTIVITY BOND VOLUME CAP PURPOSE: To present for Village Board consideration an ordinance that would reserve the Village's 2011 private activity bond volume cap. BACKGROUND: The Internal Revenue Code allows state and local governments to issue tax - exempt debt for the benefit of certain qualified private development projects. These projects include the acquisition or construction of industrial facilities and apartments for low and moderate - income families. The amount of such private activity debt issued in 2011 cannot exceed the equivalent of $95.00 per resident. The Village's private activity bond volume cap is currently $5,039,750 (based on a population of 53,050 as estimated by the U.S. Census Bureau). DISCUSSION: According to the regulations, any volume cap not reserved or committed by a municipality by April 30 is automatically transferred to the State of Illinois. If a community does not have any specific projects that would qualify for the tax exempt financing, it can cede, or transfer, the volume cap to another community. It has become common for municipalities to transfer their unused volume cap to other municipalities in exchange for a fee if a demand exists. This has not been the case though for several years. When a fee is provided in exchange for the volume cap, the ultimate beneficiary of the tax - exempt financing is responsible for payment. The amount of the fee paid depends upon the economy and the current interest rate environment. The Village has in the past received between 1 -2% for the sale of its volume cap, most recently, the Village sold volume cap in 2006. For the past several years volume cap was transferred to benefit the "Assist" first -time homebuyer program administered through the City of Aurora. The Village has recently received a letter from the Upper Illinois River Valley Development Authority 2011 Private Activity Bond Volume Cap April 14, 2011 Page 2 of 2 (UIRVDA) asking they be considered for the transfer of our 2011 Volume Cap. A copy of the letter is attached. This is the first time the UIRVDA has reached out to home rule communities with the hopes of opening a dialogue for transfers in future years. The Village has a total of $5,039,750 of private activity bond volume cap it must reserve by April 30 or it will be transferred to the State of Illinois. The Village can choose to hold onto the volume cap after it is reserved until a project is identified. The cap may also be carried over for up to three years depending on the type of project being considered. There are currently no local projects at this time placing a request on the Village's volume cap. RECOMMENDATION: It is recommended the Village Board adopt the attached ordinance reserving the Village's private activity bond volume cap for 2011. DAVID O. ERB FINANCE DIRECTOR DOE/ C: \Documents and Settings \langell \Local Settings \Temporary Internet Files\ Content .Outlook \59HO410V\Reservation Cover Memo - April 2011.doc The Upper Illinois RiverValley Development Authority 633 LaSalle Street • Suite 401 •Ottawa, IL 61350 • Tel: 866- 325 -7525 • www.uirvda.com April 4, 2011 The Honorable Irvana Wilks Village President Village of Mount Prospect 50 S. Emerson St. Mount Prospect, IL 60056 -3266 Dear Village President Wilks: The Upper Illinois River Valley Development Authority ( UIRVDA) respectfully requests consideration for the transfer of your 2011 Home Rule Volume Cap to UIRVDA for economic development and housing projects. We have mutually benefited from working with other communities that have allowed UIRVDA to successfully issue over $201,840,000 in bonds that have created over 2,275 jobs. UIRVDA has developed relationships with home rule communities and other regional development authorities in working together to accommodate the Volume Cap needs of their projects. Some years, UIRVDA has more projects than Volume Cap and other years we have more Volume Cap than projects. At the end of the calendar year, Volume Cap can be carried forward for three years, but once carried forward, it can no longer be transferred. We have developed a mutually beneficial relationship between communities, counties and other regional development authorities to graciously share this valuable resource for the benefit of the region. We feel it is fair to help a neighbor that has helped us in the past. The rising tide raises all of the boats. As you may be aware, home rule communities receive a direct allocation in 2011 equal to their population times $95. The 2011 State of Illinois Allocation guidelines identify Mount Prospect's population at 53,050, so your 2011 Volume Cap Allocation is $5,039,750.00. You are required to obligate this allocation by May 1 St of each calendar year or it automatically goes back to the State of Illinois for reallocation to other entities in June of each calendar year. If the Village of Mount Prospect would consider passing an ordinance transferring their 2011 allocation to UIRVDA prior to May 1 St , then UIRVDA would be able to keep this cap until December 31 This action would allow the Village to maintain control of their Volume Cap past May 1St UIRVDA is interested in serving in this capacity ' in order to develop a relationship with Y home rule communities to be able to trade cap in up and down years. We respectfully request if you have no need for the cap by September 1 St that you allow us to use it to benefit the residents of UIRVDA. If the Village is interested, I have taken the liberty of enclosing a draft ordinance for you to review as well as a draft letter to the Governor's Office. I am available to meet with any village official you wish regarding this matter. Please call me at 866- 325 -7525 if you have any questions. Any correspondence should be mailed to: UIRVDA Capitol Office P. O. Box 13112 Springfield, IL 62791 Thank you. Sincerely, Andrew Hamilton Executive Director I r The Upper Illinois River Valley Development Authority (UIRVDA) was created by an act of the Illinois Legislature in January of 1990 to assist business development and expansion by providing creative low-interest rate financing. Businesses can generally save 1.005yo to 3.00% on their cost of borrowing. Bonds are typically purchased by investment banking firms that place them with mutual funds and insurance companies.The borrower then makes payment directly to the buyer of the bond. Board of Directors Robert Bakewell — Wenona, IL Tim Duckworth - DCMS James Ghiglieri - Toluca, IL Barbara Griffith — McNabb, IL Michael Guilfoyle — Mendot, IL Dennis Hackett— Morris, IL Blake Hobson — Huntley, IL Philip McCully — Toluca, IL William Meagher — LaSalle, IL Greg Meyers— Aurora, IL Kevin Olson — iviorris, iL Thomas Setchell —Ottawa, IL John Shaw — Yorkville, IL William Steep — Seneca, IL Gilbert Tonozzi — Hennepin, IL Bob Westover - DCEO Jeffrey Wilkins— Yorkville, IL The Upper Illinois RiverValley Development Authority Andrew Hamilton, Executive Director UIRVDA 633 LaSalle Street, Suite 401 Ottawa, IL 61350 Tel: 866 - 325 -7525 Fax: 866-325-7569 Email: andrewjhamilton @uirvda.com UIRVDA can issue: Tax- Exempt Industrial Revenue (Manufacturing) Bonds • Senior Citizen Housing (Multi Family Housing) Bonds • Local Government (Public Facilities - Water, Sewer. Streets) Bonds • Not for Profit (YMCA, Hospital) Bonds • Solid Waste Disposal (Ethanol) Bonds Transportation (Intennodal) Bonds Project City Date Interest* Amount Jobs Waste Recovery Marseilles 1994 6.00% $4,030,000 40 Exolon ESK Co Hennepin 1996 4.40% $8,405,000 80 Exolon ESK Co Hennepin 1996 6.15% $4,595,000 80 General Electric Co Ottawa 1998 3.80% $3,600,000 400 New Heights Recovery Marseilles 1998 5.40% $2,930,000 40 Gemini Acres, LP Channahon 2000 7.22% $22,700,000 100 Clover Technologies Ottawa 2000 5.20% $3,000,000 100 Morris Hospital Morris 2001 6.05% $7,500,000 474 Seneca Grain Co Seneca 2001 4.90% $3,500,000 8 Tri -Con Materials Hennepin 2001 3.49% $1,330,000 30 Advanced Drainage Co Mendota 2002 4.94% $7,000,000 90 Windows Acquisition Toluca 2002 4.70% $1,400,000 70 Plaspros, Inc. McHenry 2002 4.01% $4,935,000 140 Advanced Flexible Inc Lake in the Hills 2003 4.08% $5,500,000 40 Countryside Housing Yorkville 2004 4.94% $6,500,000 5 Streator Dependable Streator 2004 4.59 % $3,500,000 20 Illinois Valley YMCA Peru 2005 3.85% $6,000,000 12 Living Springs SLF McHenry 2007 6.69% $12,045,000 38 NIMED Corporation Huntley 2007 5.96% $55,000,000 90 HFH of Illinois Ottawa 2007 6.49% $2,150,000 12 Morris Healthcare Morris 2007 6.42% $8,000,000 50 Olsun Electrics Richmond 2008 7.55% $9,000,000 30 Plaspros, Inc. McHenry 2010 2.73% $3,920,000 140 Walsh Automotive Ottawa 2010 2.76% $3,200,000 50 Pleasant View Luther Ottawa 2010 7.00% $16,695,000 215 TOTAL BONDS $201,840,000 2,274 *SWAP Rate at Closing Serving the Counties of Bureau, Grundy, Kane, Kendall, LaSalle, Marshall, McHenry and Putnam ORDINANCE NO. AN ORDINANCE RESERVING VOLUME CAP IN CONNECTION WITH PRIVATE ACTIVITY BOND ISSUES, AND RELATED MATTERS. WHEREAS, the Village of Mount Prospect, Cook County, Illinois (the "Municipality "), is a municipality and a home rule unit of government under Section 6 of Article VII of the 1970 Constitution of the State of Illinois; and WHEREAS, Section 146 of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the Municipality has volume cap equal to $95.00 per resident of the Municipality in each calendar year, which volume cap may be reserved and allocated to certain tax - exempt private activity bonds; and WHEREAS, the Illinois Private Activity Bond Allocation Act, 30 Illinois Compiled Statutes 1998, 345/1 et seq., as supplemented and amended (the "Act "), provides that a home rule unit of government may transfer its allocation of volume cap to any other home rule unit of government, the State of Illinois or any agency thereof or any non -home rule unit of government; and WHEREAS, it is now deemed necessary and desirable by the Municipality to reserve all of its volume cap allocation for calendar year 2011 to be applied toward the issuance of private activity bonds (the "Bonds"), as provided in this Ordinance, or to be transferred, as permitted by this Ordinance; Now, THEREFORE, Be It Ordained by the President and the Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, as follows: SECTION 1. That, pursuant to Section 146 of the Code and the Act, the entire volume cap of the Municipality for calendar year 2011 is hereby reserved by the Municipality, which shall issue the Bonds using such volume cap, or shall use or transfer such volume cap, without any further action required on the part of the Municipality, and the adoption of this Ordinance shall be deemed to be an allocation of such volume cap to the issuance of the Bonds or such other bonds; provided, that any such transfer shall be evidenced by a written instrument executed by the Mayor or any other proper officer or employee of the Municipality. SECTION 2. That the Municipality shall maintain a written record of this Ordinance in its records during the term that the Bonds or any other such bonds to which such volume cap is allocated remain outstanding. SECTION 3. That the President, the Village Clerk and all other proper officers, officials, agents and employees of the Municipality are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents and certificates as may be necessary to further the purposes and intent of this Ordinance. SECTION 4. That the provisions of this Ordinance are hereby declared to be separable, and if any section, phrase or provision of this Ordinance shall for any reason be declared to be invalid, such declaration shall not affect the remainder of the sections, phrases and provisions of this Ordinance. SECTION S. That all ordinances, resolutions or orders, or parts thereof, in conflict herewith are, to the extent of such conflict, hereby superseded; and that this Ordinance shall be in full force and effect upon its adoption and approval. AYES: NAPES: ABSENT: PASSED and APPROVED this day of April, 2011. Irvana K. Wilks Mayor ATTEST: [SEAL] M. Lisa Angell Village Clerk ORDINANCE NO. AN ORDINANCE RESERVING VOLUME CAP IN CONNECTION WITH PRIVATE ACTIVITY BOND ISSUES, AND RELATED MATTERS. Passed and approved by the President and Board of Trustees the day of April, 2011. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the day of April, 2011. KLEIN, THORPE & JENKINS, LTD. Attorneys at Law 20 N. Wacker Drive, Ste 1660 Chicago, Illinois 60606 -2903 T 312 984 6400 F 312 984 6444 gawagner9ktjlaw.com (312) 984 -6468 15010 S. Ravinia Avenue, Ste 10 Orland Park, Illinois 60462 -5353 T 708 349 3888 F 7D8 3491506 www.ktjlaw.com MEMORANDUM TO: Village President Irvana K. Wilks and Board of Trustees FROM: George A. Wagner DATE: April 13, 2011 RE: Identity Protection Act / Social Security Number Disclosure Policy I have enclosed the following documents for consideration and approval at your upcoming Meeting: 1. A RESOLUTION APPROVING A POLICY FOR THE COLLECTION, USE, DISCLOSURE AND PROTECTION OF INDIVIDUALS' SOCIAL SECURITY NUMBERS, with a copy of the Policy attached as Exhibit "A "; and 2. KTJ's Municipal Law e -News dated May 19, 2010 regarding the Identity Protection Act / Social Security Number Disclosure Policy. The enclosed KTJ Municipal Law e -News summarizes the Illinois Identity Protection Act, 5 ILCS 179/1 et seq. (the "Act "), which establishes new regulations regarding the manner in which units of state and local government may use an individual's social security number ( "SSN "). I have prepared the enclosed Policy for adoption so that the Village can comply with the Act. The Act requires that units of local government adopt an identity protection policy by June 1, 2011, which must then be implemented within twelve (12) months of adoption. The policy must: (1) identify the Act; (2) require that all public employees with access to SSNs be trained in SSN confidentiality protection; (3) restrict access to SSNs to those employees required to have such access; (4) require that, where SSNs are permissibly requested from an individual, they be provided in a way allowing for easy redaction in the event of a FOIA request; and (5) require that a statement of purpose be provided when collecting a SSN. All employees must be advised of the existence of the policy, and a copy of the policy be made available for review. Training, which is required for employees with access to SSNs, will be conducted after approval of the Policy. If you have any questions, please contact me. Enclosures cc. Michael Janonis, Village Manager (w/ encls.) Dave Strahl, Assistant Village Manager (w/ encls.) x Everette M. Hill, Jr., Village Attorney 267799_1 KTJ In January of 2010, Governor Quinn signed into law the Identity Protection Act, 5 ILCS 179/1 et seq. ( " Act "), establishing new regulations on how units of state and local government, including municipalities, use an individual's social security number ( "SSN "). Under the Act, beginning on July 1, 2010, no municipality shall: (1) publicly display an individual's SSN; (2) print an individual's SSN on any card needed to access municipal services; (3) require an individual to transmit a SSN over the internet unless the connection is secure or the SSN is encrypted; (4) collect, use or disclose a SSN unless required to do so by law or the SSN is necessary for the performance of a municipality's duties and the need and purpose of collection is documented prior to collection; (5) require a SSN to access a website; or (6) subject to certain exceptions, print a SSN on any materials to be mailed through the U.S. Mail or similar service. However, it should be noted that a SSN may be mailed where inclusion on a mailed document is required by law, or as part of an application or enrollment process, as long as the material is sent in an envelope rendering the SSN invisible unless unsealed. Also, the Act prohibits municipalities from embedding or encoding a SSN on a document or card where printing the SSN is prohibited by the Act. An intentional violation of the Act is a Class B misdemeanor. Of course, the Act's above - referenced prohibitions are subject to numerous and detailed exceptions that can be viewed in the text of the Act by following this link: http: / /www. iIga.gov /legislation /publicacts /fuIItext.asp ?Name= 096- 0874 &GA =96 Significantly, the Act further requires that municipalities adopt an identity - protection policy ( "Policy ") by June 1, 2011, which must then be implemented within twelve (12) months of adoption. The Policy must: (1) identify the Act; (2) require that all municipal employees with access to SSNs be trained in SSN confidentiality protection; (3) restrict access to SSNs to those employees required to have such access; (4) require that where SSNs are permissibly requested from an individual, that they be provided in a way allowing for easy redaction; and (5) require that a statement of purpose be provided when collecting a SSN. A copy of the Policy must be filed with the corporate authorities within thirty (30) days of adoption. All municipal employees must be advised of the existence of the Policy and a copy of the Policy be made available for review. Not surprisingly, the Act is an exempt mandate. Finally, the Act is an express limitation on home rule authority. However, both home rule and non -home rule municipalities are authorized to regulate the use of SSNs, so long as the regulation is no less restrictive than the Act. Village of Mount Prospect Identity Protection Policy With Regard to the Collection, Use, Disclosure and Protection of Individuals' Social Security Numbers This Village of Mount Prospect Policy with Regard to the Collection, Use, Disclosure and Protection is intended to comply with the Illinois Identity Protection Act, 5 ICLS 179/1 et seq. 1. Definitions: A. Mount Prospect Policy with Regard to the Collection, Use, Disclosure and Protec Numbers. B. , 5 ICLS 179/1 et seq., created by Public Act 96-0874. C. "Mount Prospect, Cook County, Illinois. 2. Prohibited Activities: A. No officer or employee of the Village shall do any of the following: (1) Intentionally communicate or otherwise intentionally make available to the general public, in any manner, an individual's social security number. (2) Print an individual's social security number on any card required for the individual to access products or services provided by the Village. (3) Require an individual to transmit his or her social security number over the Internet, unless the connection is secure or the social security number is encrypted. (4) Print an individual's social security number on any materials that are mailed to the individual, through the U.S. Postal Service, any private mail service, electronic mail or any similar method of delivery, unless State or federal law requires the social security number to be on the document to be mailed. Notwithstanding any provision in this subsection to the contrary, social security numbers may be included in applications and forms sent by mail, including, but not limited to, any material mailed in connection with the administration of the Unemployment Insurance Act, any material mailed in connection with any tax administered by the Illinois Department of Revenue, and documents sent as part of an application or enrollment process or to establish, amend or terminate an account, contract or policy or to confirm the accuracy 1 h:\clko\win\policyandprocedures\social security number confidentiality policy_4-15-11_ktj_wagner (2).doc of the social security number. A social security number that may permissibly be mailed under this subsection may not be printed, in whole or in part, on a postcard or other mailer that does not require an envelope, or be visible on an envelope without the envelope having been opened. B. Except as otherwise provided in this Policy, no officer or employee of the Village shall do any of the following: (1) Collect, use or disclose a social security number from an individual, unless: (i) required to do so under State or federal law, rules or regulations, or the collection, use or disclosure of the social security number is otherwise necessary for the performance of that employeeofficial duties and responsibilities; (ii) the need and purpose for the social security number is documented before collection of the social security number; and (iii) the social security number collected is relevant to the documented need and purpose. (2) Require an individual to use his or her social security number to access an Internet website. (3) Use the social security number of an individual for any purpose other than the purpose for which it was collected. C. The prohibitions in subsection B. above do not apply in the following circumstances: (1) The disclosure of social security numbers to agents, employees, contractors or subcontractors of the Village, or disclosure to another governmental entity or its agents, employees, contractors or subcontractors, if disclosure is necessary in order for the Village to perform its duties and responsibilities; and, if disclosing to a contractor or subcontractor, prior to such disclosure, the officer or employee of the Village must first receive from the contractor or that sets forth how the requirements imposed under this Policy on the Village, , will be achieved. (2) The disclosure of social security numbers pursuant to a court order, warrant or subpoena. 2 h:\clko\win\policyandprocedures\social security number confidentiality policy_4-15-11_ktj_wagner (2).doc (3) The collection, use or disclosure of social security numbers in order to ensure the safety of: (i) Village employees; (ii) persons committed to correctional facilities, local jails and other law-enforcement facilities or retention centers; (iii) wards of the State; and (iv) all persons working in or visiting a Village facility. (4) The collection, use or disclosure of social security numbers for internal verification or administrative purposes. (5) The collection or use of social security numbers to investigate or prevent fraud, to conduct background checks, to collect a debt, to obtain a credit report from a consumer reporting agency under the federal Fair Credit Reporting Act, to undertake any permissible purpose that is enumerated under the federal Gramm Leach Bliley Act, or to locate a missing person, a lost relative or a person who is due a benefit, such as a pension benefit or an unclaimed property benefit. D. Any previously adopted standards of the Village, for the collection, use or disclosure of social security numbers, that are stricter than the standards under this Policy with respect to the protection of those social security numbers, shall, in the event of any conflict with the provisions of this Policy, control. 3. Public Inspection and Copying of Documents: Notwithstanding any other provision of this Policy to the contrary, all officers and employees of the Village must comply with the provisions of any other State law with respect to allowing the public inspection and copying of information or All officers and employees of the Village must redact social security numbers from the information or documents before allowing the public inspection or copying of the information or documents, as such information is exempt from disclosure under the Freedom of Information Act, pursuant to 5 ILCS 140/7(1)(b) -5). 4. Applicability: A. This Policy does not apply to the collection, use or disclosure of a social security number as required by State or federal law, rule or regulation. 3 h:\clko\win\policyandprocedures\social security number confidentiality policy_4-15-11_ktj_wagner (2).doc B. This Policy does not apply to documents that are required to be open to the public under any State or federal law, rule or regulation, applicable case law, Supreme Court Rule or the Constitution of the State of Illinois. 5. Compliance with Federal Law: If a federal law takes effect requiring any federal agency to establish a national unique patient health identifier program, th program shall not be deemed a violation of this Policy or the Act. 6. Embedded Social Security Numbers: No officer or employee of the Village may encode or embed a social security number in or on a card or document, including, but not limited to, using a bar code, chip, magnetic strip, RFID technology or other technology, in place of removing the social security number as required by this Policy. 7. Identity-Protection Requirements: A. All officers and employees of the Village, identified as having access to social security numbers in the course of performing their duties, shall receive training in regard to protecting the confidentiality of social security numbers. Said training shall include instructions on the proper handling of information that contains social security numbers from the time of collection through the destruction of the information. B. Only officers and employees of the Village who are required to use or handle information or documents that contain social security numbers shall have access to such information or documents. C. Social security numbers requested from an individual shall be provided in a manner that makes the social security number easily redacted if required to be released as part of a public records request. D. When collecting a social security number, or upon request by the individual providing the social security number, a statement of the purpose or purposes for which the Village is collecting and using the social security number shall be provided.The format for such statement of purpose is attached as Attachment 1 to this Policy. E. A written copy of this Policy and any amendments thereto, shall be filed with the Village Board within thirty (30) days after approval of this Policy or any amendments thereto. F. The Village Manager shall make sure that all officers and employees of the Village are aware of the existence of this Policy, and shall make a copy of this Policy available to each officer and employee. If the Village amends this Policy, then the Village Manager shall advise all officers and employees of the Village of the existence of the amended Policy, and shall 4 h:\clko\win\policyandprocedures\social security number confidentiality policy_4-15-11_ktj_wagner (2).doc make a copy of the amended Policy available to each officer and employee of the Village. G. The Village shall make this Policy available to any member of the public, upon request. 8. Violation: Any person who intentionally violates the prohibitions in Section 10 of the Act (which are set forth in Sections 2.A. and 2.B. of this Policy) shall, pursuant to the Act, be guilty of a Class B misdemeanor. 9. This Policy does not supersede any more restrictive law, rule or regulation regarding the collection, use or disclosure of social security numbers. 5 h:\clko\win\policyandprocedures\social security number confidentiality policy_4-15-11_ktj_wagner (2).doc ATTACHMENT 1 STATEMENT OF PURPOSE(S) FOR WHICH THE VILLAGE OF MOUNT PROSPECT IS COLLECTING AND USING A SOCIAL SECURITY NUMBER What does the Village of Mount Prospect do with your Social Security Number? The Illinois Identity Protection Act, 5 ILCS 179/1 et seq., requires each local and State government agency to draft, approve, and implement an Identity Protection Policy. In accordance with that Policy, the Village is providing you with this statement of purpose for which it is collecting and using your Social Security number (SSN), because you have been requested to provide your SSN or because you requested a copy of this statement. Why do we collect your Social Security number? You are being asked for your SSN for one or more of the following reasons: [] IDENTIFY THE SPECIFIC PURPOSES Complaint mediation or investigation; Vendor services, such as executing contracts and/or billing; Law enforcement investigation; Child support collection; Internal verification; Administrative services; and/or Other:___________________________________________________________ What do we do with your Social Security number? We will only use your SSN for the purpose for which it was collected. We will not: Sell, lease, loan, trade, or rent your SSN to a third party for any purpose; Î Publicly post or publicly display your SSN; Î Print your SSN on any card required for you to access our services; Î Require you to transmit your SSN over the Internet, unless the connection is Î secure or your SSN is encrypted; or Print your SSN on any materials that are mailed to you, unless State or Î Federal law requires that number to be on documents mailed to you, or unless we are confirming the accuracy of your SSN. Questions or Complaints about this Statement of Purpose Write to: Village Manager Village of Mount Prospect 50 South Emerson Street Mount Prospect, Illinois 60056 1 h:\clko\win\policyandprocedures\social security number confidentiality policy_4-15-11_ktj_wagner (2).doc READ CAREFULLY BEFORE SIGNING ACKNOWLEDGMENT OF RECEIPT OF VILLAGE OF MOUNT PROSPECT IDENTITY PROTECTION POLICY 1.This is to certify that I have received a copy of the Village of Mount Prospect Identity Protection Policy With Regard To The Collection, Use, Disclosure and Protection of Prospect President and Board of Trustees. 2.I acknowledge that it is my responsibility to read it and become familiar with its rules, policies and procedures governing security numbers. 3.I agree that I will comply with the rules, policies, and procedures therein described, and any revisions thereto, and I understand that my failure to do so may lead to disciplinary action being taken against me, including termination of my employment with the Village. 4.I acknowledge that I have been given ample opportunity to review the contents of this Policy. I understand that I should discuss the contents of the Policy with my supervisor or the head of my department regarding any questions not answered in the Policy ___________________________________ __________________________ SIGNATURE OF EMPLOYEES DATE Witness: ___________________________________ __________________________ NAME AND JOB TITLE DATE h:\clko\win\policyandprocedures\social security number policy acknowledgement form_ktj_4-15-11 (2).doc RESOLUTION NO. ___ A RESOLUTION APPROVING A POLICY FOR THE COLLECTION, USE, DISCLOSURE AND PROTECTION WHEREAS , the Identity Protection Act, 5 ILCS 179/1 et seq. requires units of local government to adopt rules regarding the use individualss; and WHEREAS , the Act requires units of local government to adopt an identity protection policy, protecting social security number information, by June 1, 2011; and WHEREAS , the President and Board of Trustees of the Village of Mount Prospect have considered an identity protection policy, addressing the use and protection of social security EXHIBIT numbers, a copy of which is attached hereto and made a part hereof as (the nd have determined that said Policy is in the best interests of the Village and complies with the aforementioned Act. NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS : SECTION 1: The recitals set forth above are incorporated herein as if fully set forth. SECTION 2: The Policy is hereby adopted and approved. The Village of Mount Prospect and all its officers and employees are subject to the provisions of the attached Policy, and shall follow and abide by the provisions thereof. SECTION 3: The Village Clerk shall cause a copy of this Resolution and the attached Policy to be delivered to each officer and employee of the Village who is subject to the provisions of the Policy. SECTION 4: This Resolution shall be in full force and effect from and after its adoption and approval as provided by law. AYES: ______________________________________________ NAYS: _____________________________________________ ABSENT: ___________________________________________ PASSED and APPROVED this ___ day of April, 2011. ______________________ Irvana K. Wilks Mayor A TTEST: ____________________ M. Lisa Angell Village Clerk 266887_1 VILLAGE OF MOUNT PROSPECT POLICY WITH REGARD TO THE COLLECTION, USE, DISCLOSURE AND PROTECTION OF 266887_1 MOUNT PROSPECT POLICE DEPARTMENT FORMAL MEMORANDUM I CHF 11 -34 CONTROL TO: MICHAEL E. JANONIS, VILLAGE MANAGEF FROM: JOHN K. DAHLBERG, CHIEF OF POLICE SUBJECT: EXTENSION OF TOWING CONTRACT DATE: APRIL 8, 2011 On July 1, 2008, the Village of Mount Prospect and Hillside Towing entered into a written agreement whereby Hillside Towing would provide towing and storage services for the Village. The agreement was entered into after a competitive bid process was conducted. Pursuant to the agreement, both the Village and Hillside Towing may elect to extend the tow agreement through June 30, 2012. The Police Department is requesting the extension of this contract for a period of one (1) year through June 30, 2012, for the following reasons: During the course of the current three -year contract Hillside Towing Services has met or exceeded the contract requirements with regard to response time, towing capabilities, operator expertise, billing practices, storage issues and the resolution of towing related problems. 2. Over the past three years, Hillside Towing Services has maintained the quality of its towing services, efficient towing practices and has made insightful suggestions for the improvement of the department's towing procedures. 3. Hillside Towing Services will maintain the currently specified service levels and fee schedules for the duration of the agreement extension. Attached for your review is a resolution drafted by the Village Attorney to extend the tow agreement for a period of one (1) year. If you have any questions or concerns, feel free to contact me. Attachment C: Deputy_ Chief Semkiu Deputy Chief Janowick Commander Wagner Page 1 of 1 I EXHIBIT A CONTRACT EXTENSION AGREEMENT FOR VILLAGE OF MOUNT PROSPECT TOWING AND STORAGE CONTRACT WITH HILLSIDE TOWING, AS AMENDED This Contract Extension Agreement is made and entered on the Effective Date by and between the Village of Mount Prospect, an Illinois home rule municipal corporation (hereinafter the "Village "), and the Hillside Towing, an Illinois corporation (hereinafter the "Contractor ") (sometimes referred collectively to as the "Parties "). WHEREAS, the Village and Contractor entered into the Village of Mount Prospect Vehicle Towing and Storage Contract (hereinafter referred to as the "Contract "), effective July 1, 2008, through which Contractor agreed to provide vehicle towing and storage services for the Village; and WHEREAS, paragraph 20 of the Contract was later amended to clarify the Parties' intention that the Contract "remain in effect until June 30, 2011 "; and WHEREAS, paragraph 20, as originally stated and later amended, further permitted an extension of the Contract thereafter for a period of one (1) year beyond the termination date by mutual, written agreement between the Village and the Contractor; and WHEREAS, the Contractor requests that the Contract, as amended, be extended for the optional one (1) year period; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect find that it is in the best interests of the residents of the Village to extend the term of the Contract, as amended. It is hereby agreed by and between the Village of Mount Prospect and Hillside Towing, as follows: SECTION 1 : That the recitals set forth above are incorporated herein as findings of the Parties as if set fully forth. SECTION 2: That the Village and Contractor hereby agree to a one (l) year extension of the Contract, as amended, from July 1, 2011 to June 30, 2012, the terms of said Contract being continued by and between the Parties as set forth therein. SECTION 3 : This Contract Extension Agreement shall become effective upon the date executed by the Village President and attested by the Village Clerk (the "Effective Date "). 2674541 r IN WITNESS WHEREOF, the Parties hereto have executed this Contract Extension Agreement. Village of Mount Prospect Hillside Towing An Illinois home rule municipal corporation An Illinois corporation By: Mayor Date: Attest: By: Its President Date: Attest: M. Lisa Angell, Village Clerk Its 267454_1 2 RESOLUTION NO. ____ A RESOLUTION AUTHORIZING AN EXTENSION OF THE VILLAGE OF MOUNT PROSPECT TOWING AND STORAGE CONTRACT WITH HILLSIDE TOWING, AS AMENDED WHEREAS , the Village of Mount Prospect, an Illinois home rule municipal corporation (hereinafter the Hillside Towing, an Illinois corporation (hereinafter and entered intoVillage of Mount Prospect Vehicle Towing the Contract, effective July 1, 2008, through which Contractor agreed to provide vehicle towing and storage services for the Village; and WHEREAS , paragraph 20 of the Contract was later amended, to intention that the 11 WHEREAS , paragraph 20, as originally stated and later amended, further permitted an extension of the Contract thereafter for a period of one (1) year beyond the termination date by mutual, written agreement between the Village and the Contractor; and WHEREAS , the Contractor requests that the Contract, as amended, be extended for the optional one (1) year period; and WHEREAS , the President and Board of Trustees of the Village of Mount Prospect find that it is in the best interests of the residents of the Village to extend the term of the Contract, as amended. NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS : SECTION 1: The recitals set forth above are incorporated herein as if fully set forth. SECTION 2 : That the Contract, as amended, shall be extended from July 1, 2011, to June 30, 2012, upon the terms and conditions set forth therein. SECTION 3: That the President and Village Clerk are hereby authorized and directed to execute the Contract Extension Agreement substantially in the form set forth and incorporated herein as Exhibit A. SECTION 4: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. 1 267454_1 AYES: ______________________________________________ NAYS: _____________________________________________ ABSENT: ___________________________________________ PASSED and APPROVED this ___ day of __________, 2011. ______________________ Irvana K. Wilks Mayor A TTEST: ____________________ M. Lisa Angell Village Clerk APPROVED this ___ day of __________, 2011. 2 267454_1