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HomeMy WebLinkAbout2011-01-24 AgendaAGENDA VILLAGE OF MORTON GROVE MEETING OF THE BOARD OF TRUSTEES TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER January 24, 2011 7:00 pm 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes - Special Meeting of January 10, 2011 Regular Meeting of January 10, 2011 5. Special Reports a. Presentation by Niles Township Trustee Mark Collins Commemorating the Life of Former Mayor Daniel D. Scanlon b. Report from Police Chief Erickson Concerning Village Animal Control 6. Public Hearings 7. Residents' Comments (agenda items only) 8. President's Report -Administrarion, NorthwestMunicipal Conference, Council of Mayors, TIF Committee, Capital Projects, Real Estate Committee 9. Clerk's Report-Legal, Cable and Telecommunicarions Commission 10. Staff Reports a. Village Administrator 1) Report Regarding Possible Sale of Golf School to an Auto Dealership and Possible Use of Waukegan Road Tax Increment Financing Funding for Relocation of the School to the Hynes School Site 2) Miscellaneous Reports and Updates b. Corporation Counsel 11. Reports by Trustees a. Trustee DiMaria -Community and Economic Development Department, Waukegan Road TIF Review, Comprehensive Plan, Real Estate Committee, Lehigh/Ferris TIFReview, Economic Development, Dempster Street Corridor Plan (Trustee Thill) 1) Resolution 11-03 (Introduced January 24, 2011) Authorizing Preliminary Steps to Determine the Feasibility of a Potential Redevelopment within the Vicinity of the Waukegan Road TIF District b. TrusteeGomberg-Finance Department, CommunityRelarionsCommission,FinanceAdvisory Commission, Northwest Municipal Conference, Condominium Associarion (Trustee Toth) o. Trustee Grear-Fire Department, Emergency ManagementAgency, RED Center, NIPSTA, Police and Fire Commission (Trustee DiMaria) d. Trustee Marcus -Family and Senior Services Department, Police Department, Environmental Health, Police and Fire Commission, IT Communicarions, Chamber of Commerce (Trustee Gomber~ e. Trustee Thill -Public Works, Capital Projects, Traffic Safety Commission, Natural Resource Commission, Solid Waste Agency of Northern Cook County, Advisory Commission on Aging (Trustee Marcus) 1) Resolution 11-04 (Introduced January 24, 2011) Approval of a Change in Plans for Lincoln Avenue and Ferris Avenue Roadway Improvements 2) Resolution 11-OS (Introduced January 24, 2011) Authorization to Execute a Recipient Agreement with Cook County, Illinois for Energy Efficiency and Conservation Block Grant Funds Trustee Toth -Building Department, Appearance Commission, Capital Projects, Plan Commission/ZoningBoard ofAppeals (Trustee Grear) 1) Ordinance 11-O1 (Introduced January 1 Q 2011) (Second Reading) Rezoning A Portion of the Property Commonly Known As New England Avenue, That Part From Eighty-Four (84') Feet South of Churchill Avenue South to Dempster Street From the R-2 Single Family Residential District to C-1 General Commercial District 2) Ordinance 11-02 (Introduced January 1 Q 2011) (Second Reading) Approving Vacation of A Street and Alleys Adjacentto the Properties Commonly Known as 6900 Dempster Street, 8801, and 8833 Waukegan Road from South of Churchill Avenue and North of Dempster Street 12. Other Business 13. Presentation of Warrants - $890,882.13 14. Residents' Comments 15. Executive Session -Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate 16. Adjournment - To ensure full accessibility and equalparficipation for all interested citizens, inc&viduals with c&sabilities who plan to attend and who require certain accommodations in order to observe and/or parficipate in this meeting, or who have questions regarc&ng the accessibility of these facilities, are requested to contact Susan or Marlene (847/470-5220) promptly to allow the Village to make reasonable accommodations. IVIINII'I'E~ (~F THE 3AI~UAHY 10, 2011, SPACIAL NIEETIN~ ~I+ TII>i/ I1~AI2D ®F TRLJST~E~ I~ICHARI>'>C'. FLICI~I1`3CER i~IUNICIPAL CE'~~I`ER 6141 CAPULINA AV~,I~L> M®I~TC)N GIB®VL, ILLIN®IS 64053 Pursuant to prober notice in accordance with the Open Meetings Act, the special meeting etas called to order at 6:03 pm by Village President Daniel J. Staackmann who led the assemblage in the pledge of allegiance. In attendance were: Elected Officials: Mayor Daniel J. Staackmann, and Trustees Dan DiMaria (arz-ived at 6:06 pm), Lan-y Gomberg, William Grear, Sheldon Marcus, John Thill, Maria Toth and Village Clerk TonyKalogerakos Absent None Village Staff: Village Administrator Joseph F. Wade, Corporation Counsel Teresa Hoffilzan Liston, and Community and Economic Development Director John D. Said Also Present: None Mayor Staackmann stated the purpose of the meeting was to discuss pending litigation, personnel issues., and the sale of Village owned real estate pi°opcrty, all of which are appropriate for Executive Session. Trustee Toth then moved to adjourn to Executive Session to discuss pending litigation, pexsonnel issues, and the sale of Village owned real estate property. The motion was seconded by Trustee Thill and approved unanimously pursuant to a roll ca11 vote at 6:05 pm. At the conclusion of the Executive Session, Trustee DiMaria moved to adjourn the Special Meeting. The motion was seconded by Trustee Marcus and approved unanimously pursuant to a roll call vote at 6:57 pm. Minutes by: Tony S. Kalogerakos, Tillage Clerk Special mc;etiii~minutes.Ol-16-S { CALF TO ORDER Village President Dan Staackmann called the meeting to order at 7:01 p.m. After leading the assemblage in the Pledge of Allegiance, he directed the Village Clerk to call the roll. Village Glerk Tony Kalogerakos called the roll. Present were: Trustees Dan DiMaria, Larry Gomberg, Bill Grear, Shel Marcus, John Thill, and Maria Toth. APPR®VAL ®E M1NtJTE a IV. Regarding the Minutes of the Special Meeting of December 9, 2010, Trustee DiMaria moved, seconded by Trustee Toth, to accept the Minutes as presented. There was no discussion. Motion passed unanimously via voice vote. Regarding the Minutes of the December 13, 2010 Regular Meeting, Trustee DiMaria moved, seconded by Trustee Marcus, to accept the Minutes as presented. There was no discussion. Motian passed unanimously via voice vote. SPECIAL REP®RTS American Legion Post #134 Presentation Though not on the Agenda, Mayor Staackmann invited the American Legion representatives to the podium to give a brief presentation. Joe Gesicki of American Legion Past #134 noted that, this past Thanksgiving Day, the Post had hosted its fourth annual "Navy Day" for 50 recruits from Great Lakes. The organizing committee wanted to recognize the Village Board members for supporting the event financially and far their participation, especially Mayor Staackmann. He introduced Casey Bachara, the chairman of the organizing committee. Mr. Bachara said this is his 11`h year of working on this event. He is a former member of an American Legion post in Arlington Heights, but he goes back many years with Mr. Gesicki, and is now a member of the Morton Grove post. Mr. Bachara thanked the Vi{tage for all its support. Their list of volunteers and contributors come from many surrounding suburbs. The event gets stranger and better each year. He presented the Mayor with a DVD that shows all the events that took place that day. Each recruit's family also receives one. Fie also was very complimentary about AT&T, who has supported the event for the past 11 years by providing free phones that day so that the recruits can make phone calls across the country or even internationally. _ Minutes of Janua 1R,41f ~Bear~1 M~etin IV. SPECIAL REPORTS (continued) Mr. Bachara presented Mayor Staackrnann with a letter of appreciation from the State American Legion and thanked him again. Trustee Marcus suggested perhaps putting the footage on Channel 6 so that otherresidents can see it, suggesting that it might help garner even more volunteers in the future. Mayor Staackmann said he would talk to the Village's IT expert about that. The mayor invited Mr. Bachara to attend a Board Meeting in ©ctober 2011 to start drumming up support "early" for this year's Thanksgiving Day event. Plan Commission Case PC 10-04 Requests Approval of a Preliminary and Final Plat of Vacation for New England and Adjacent Alley Areas West of New England. Plan Commissioner Steve Blonz presented this case. a. He stated that the applicant, Thomas Sondag (Castle Honda) was requesting appravai of a Preliminary and Final Plat of Vacation for New England Avenue as well as the adjacent alley areas west of New England Avenue. He was also requesting rezoning of the part of New England Avenue that will be vacated from R2 (Single Family Residential) to C1 (General Commercial). b. Commissioner Blonz explained that John Said, the Village's Director of Community and Economic Development, had noted that the new zoning classification will match existing zoning of the Castle Honda site. The Commission had questions regarding the street, alleys, and utilities, and Mr. Said responded that most of the area of the vacated alleys plus the entire vacated street will remain as utility easements. The Park District is already aware of this, and in fact, removed their entrance to New England Avenue several months ago in anticipation of this change. The applicant's attorney commented that Castle Honda and the Village have been working on this concept far a long time, and will be making a separate agreement far transferring the property. Mr. Sondag said that Honda Corporation likes its dealers to maintain large land areas (minimum of 2.5 to 3 acres} for adequate new car inventory. Castle Honda has nat been in compliance with this requirement, however, if this request is approved, Castle Honda wilt then be in compliance. He mentioned that, in the future, Castle may wish to combine their buildings as the current 3-building layout is inefficient far their operations. d. Commissioner Blonz reported that no interested or concerned parties spoke to this request. The Commission reviewed the Standards for Amendments, and asked about the zoning change. There was concern that this was solely benefitting the applicant, rather than serving the public interest. Mr. Said explained that this rezoning cleans up and clarifies the Village's zoning map, provides an opportunity for increased sales tax and property tax revenues, and reduces the need for public maintenance of this portion of New England Avenue. e. The Commission voted unanimously (with one absent) to approve the plat of vacation and the rezoning for this request. f. Trustee Marcus moved to accept the Plan Commission's report in the matter of PC 10-04. Trustee Thill seconded the motion. Mati®n passed unanimously via voice vote. _ Minutes of January iD, 201 Board Meetins IV_ SPECfAL REP®RTS (continued) 3. Plan Commission Case PC 10-05 Requests a Special Use Permit and Zoning Variation for a Proposed Auto Repair Facility to Occupy an Existing Building at 5940 Oakton. Pfan Commissioner Steve Blanz presented this case. a. He said that the applicant, Lin-Mar Motors, was seeking a special use permit and zoning variation for a proposed auto repair facility to occupy the existing building at 5940 Oakton. The zoning variation is a variation of 11 feet for the existing rear yard setback for the north edge of the building. The non-conforming rear yard setback was caused by the creation of the M-1 zoning district in 1991. John Said presented the case to the Plan Commission, noting that the building and site comprise approximately 2.45 ac4es and is located in the M-1 Restricted Manufacturing zoning district. The site is designated as "industrial" in the Village's 1999 Comprehensive Pian. Lin-Mar proposes to convert the existing vacant building to an auto repair and towing facility. They plan to move from their existing site on Lehigh. Ali of Lin-Mar's business operations (consisting of body repair, painting, glass, and towing) will be conducted within the interior of the building to minimize impact on surrounding properties. New overhead doors viii be added along both Oakton and Austin to accommodate incoming and outgoing traffic. There will also be a new overhead door in the east wall to provide access to the customer car holding area. Body repair and towing each comprise about 50% of Lin-Mar's business operations. Inoperable vehicles will be stored inside, and the outside customer car storage area viii be used by operable vehicles only. All estimating will be done inside the buiiding. Lin-Mar tow trucks will also use the new and existing overhead doors to access the interior of the buiiding. The interior truck dock on Austin Avenue wilt be the location where trailers are dropped off for repair. Mr. Lundin of Lin-Mar testified that body repair is a much "quieter" business than it used. to be because virtually all damaged body parts are now replaced, since the metal is so thin, rather than pounded out and repaired as was commonly done in the past. The paint booths viii be located away from the residential area and painting will be done with water- based soVutions (except for clear coating) so fumes will be minimal. The paint spray booths comply with {EPA requirements. There wilt be a seven-foot stockade fence adjacent to the customer car holding area to screen it from the adjacent residential properties. Lin-Mar will also work with the Village to provide a lighting plan that minimizes glare onto adjacent properties. d. The traffic consultant noted that Lin-Mar will generate less traffic than most other uses of this building would. The number of employees (35) is not significant when compared with other buildings of this size or other businesses that could locate in this buiiding. e. Mr. Blonz noted that a resident who spoke as an "interested person" also submitted a petition with signatures of neighbors who objected to Lin-Mar's proposal. Several other "concerned" residents spoke. Most were worried about traffic, noise, pollution, and property values. The real estate agent representing the seller of the building said that this use is appropriate in this area, as it reflects the industrial zoning and character of the area. As such, the impact on property values will be minimal. f. Mr. Blonz stated that the Commission reviewed the Standards for a Special Use and voted unanimously {with one absent and one recused} to approve the specie( use and the variance. g. Trustee Toth moved to accept the Pfan Commission's report regarding PC 10-05. Trustee Marcus seconded the motion. Motion passed unanimously via voice vote. .. Minutes of.Jatnua 10, X011 Board Mee~in. v. PUBLIC HEARINGS NONE VI. RESIDENTS' COM~IIENTS (Agenda hems Oniy} NONE VII. PRESIDENT'S REPORT Mayor Staackmann said that he and Trustee Toth took on the project of putting together a synopsis of the Village's accomplishments over the past year. He said he was proud that the Board of Trustees and the dedicated staff of the Village had been able to do so much in spite of the economic challenges last year presented. Trustee Toth thanked the mayor and department heads for working with her to put this report together. She reiterated that this is a list of accomplishments that not many other communities were able to duplicate. b. Trustee Toth then read a list of major construction and development projects, including the new Aizheimer'slmemary-care assisted living facility at the ofd Jamaican Gardens site, the Homestead of Morton Grove (an 82-unit independent senior living facility in the Lehigh-Ferris TIF District), the new two-story patient wing at Bethany Terrace, Apex Kitchen & Bath, the new Cuivers (expected to break ground this spring), and Crazy Jaws (the new restaurant located at the former ChampslRivals site}. Under the heading of "Road and Infrastructure," Trus#ee Toth noted that new water mains had been installed on Dempster Street and Ferris Avenue; 3.5 mites of streets were resurfaced, the Lincoln/Ferris Avenue streetscape had been installed, a new 112-space commuter parking facility had been constructed, an Illinois Transportation Enhancement Program Grant had been initiated to support improvements on Lincoln Avenue near the Metra rail crossing, and an overhead sewer assistance program had been developed to provide interest-free loans to residents. d, Another accomplishment stated by Trustee Toth is the fact that the Village's bond rating increased from Moody's AA3 to Standard & Poor's AA. e. In the "Economic Development" area, a new and more business-friendly sign code had been adopted; a new Director of Community and Economic Development hired, and a new Farmers' Market was begun, organized by volunteers with support and assistance from the Village. As far as "Public Safety and Social Services", Trustee Toth was happy to report that Fire and EMS calls have an average response time of less than 4 minutes; the Basset alcohol safety training program was implemented, and safety standards at the Morton Grove train station were increased. The Village also maintained a $25,004 financial assistance fund for residents in crisis, and entered into a unique pubiiclprivate partnership with the North Shore Senior Center to provide senior programming at no cost to the Viliage. viii. cLERlS'S REPORT Clerk Kalogerakas wished everyone a Happy New Year. Minutes.afi~Janua 1D.20111~nardMeetn IX. STAFF REPORTS A. Village Administrator Mr. Wade said that the Board would hear a report this evening from Joe Dahm, Assistant Director of Public Works and Water Department Superintendent, about the water meter replacement program. Mr. Wade said that, as water meters age, they lose about 10% to 14°l0 of their reliability. The Village's water meters are, on average, 26 years ald, and have lost between 10°!o and 15% of their accuracy, which translates into a $330,000 annual loss of revenue for the Village. This program will replace about 75°I° of the meters in town, 25°t° have already been replaced. It will be paid for by funds from the capita! projects band issue. iVir. Wade then turned the presentation over to Mr. Dahm. Mr. Dahm said he would be explaining the water meter replacement program and the instaiia- tion of a fixed-base radio-read antenna system far the Village's water meter system. He also wanted to clarify why the Village needs to keep its existing vendor, ND Supply Waterworks, as a sole source company. c. Mr. Dahm said that a water meter replacement program is the best and mast cost-effective way of creating a reasonable economic balance between the cost of replacement versus the cost of the loss of revenue through continued use of aged meters. The last water meter replacement program in the Village occurred in the mid-1980's and was done by Water Department staff. in spring of 2011, the Water Department will seek approval to contract with ND Supply Water- works of Carol Stream, Illinois, to upgrade 7,958 Sensus/Rockwell water meters and to install a Sensus Fixed Base Radio Read Antenna System at the north pumping station water tower. The cost is projected to be $2,150,000. HD Supply will serve as project manager, and United Meters, a company which has worked in the past for HD Supply, will perform the water meter upgrades. Mr. Dahm said that, recently, United Meters installed all of the new meters for Nicor Gas in the businesses on Dempster Street during the Dempster Street improvement project. The installers for United Meters are all licensed by the State of Illinois. HD Supply has been the sole source vendor for the Village for many years, and is the only vendor that carries the Sensus Water Meter system in this state and athree-state area. Sensus Radio Read water meters and equipment are not compatible with any other meter manufacturers. in 2006, the Viiiage began to replace meters with in-house personnel, with the intention of replacing 500 meters per year for the next 10 to 15 years. At this point, Mr. Dahm said that probab4y 25°!° of the meters have been replaced or upgraded. However, with funds now available from the Capital Projects bond issue, the Village can upgrade the remaining aged water meters within one year. This is a baon far the Village because the new meters will be more accurate and more efficient. Mr. Dahm said the new meters are more efficient because of the radio read antenna system. Meters can be read automatically and uploaded to the Village's Finance Department, which prepares al( the billing statements, The system wiR be able to do in an hour or so what currently takes 15 to 20 days to accomplish. Leak detection will alsa be enhanced. Any account that is higher than normal wil! be flagged and monitored, and the business ar resi- dence will be notified of the possible leak so that they can take action. Minutes aif 3anuary 1D, X011 Bnartl RAeeiing' IX. STAFF REPORTS (continued) h. Mr. Dahm said that three upgrade applications will be used for this project: retrofitting, rebuilding, and replacing. Approximately 25% of the meters have already been retrofitted (since 2006), 75% will be rebuilt; and about ahalf-percent will be new. The apes that have already been retrofitted just need to be reprogrammed to the new antenna system. AH the rebuild upgrades are fully warranted by Sensus and HD Supply. The Village's existing stock of Sensus meters, parts, software, tools, and equipment (valued at $100,000} will also be utilized. He said the Water Department had initially looked at replacing all the water meters, but that would have cost an additional 35%, or $748,534. If they had gone that route, one of the water main projects would have had to be eliminated. The Village expects to realize $337,500 in additional revenue annually, which means the water meter replacement program will "pay for itsel#" in six years. Trustee Thill wanted to clarify that "rebuilds" were basically new meters inside old housings. Mr. Dahm said that was correct. k. Trustee Thill mentioned a letter to the editor that had alleged that monies were being taken ou# of the Water Fund to pay off bonds from {and acquisitions. He asked if that was a true statement. Mr. Wade said that there must be a misunderstanding or a misrepresentation; the money in the Water/Sewer Fund is solely for water and sewer needs. It is not used to purchase land. Trustee Marcus thanked Mr. Dahm for his excellent presentation and asked him to introduce his associates, Jerry Coursey and Marty Durkin, from the Water Department. m. Trustee Marcus alluded to a question that was raised as to why this project didn't go out tar bid. Mr. Dahm said that, although there are other manufacturers who can supply radio-read meters, Sensus is the only two-way system out there. It is unique and not compatible with other radio-reading systems. Also, in 2006, when the Viifage began its replacement program, there was na clear idea of whether a capital projects bond issue would happen. So Public Works worked with what it already had. Now, with 25% of the Village's water meters already upgraded, it would be foolish to have to go back and replace them with a completely different system. n. Trustee Thill noted that if another vendor was used, not only would al! the existing retrofi#ted meters need to be replaced, but also the existing stock that Public Works has would be rendered useless. B. Corporation Gounsel: Corporation Counsel Liston had no report. X. TRUSTEES' REP®RTS A. Trustee DiMaria; Trustee DiMaria had no report. _ _ _ __ Minutes'of January 10, 2041,i3oacd Meeting` X. TRUSTEES' REPC7RTS (continued) B. Trustee Gomberg: Trustee Gomberg had no report, but said that he would have reports from the Community Re- lations Commission and the Finance Advisory Commission at the next meeting. 2. Trustee Gomberg also wanted to congratulate Mark KNgallon, a 29-year veteran of Cook County who resides in Morton Grove, on his retirement. Mark has always been helpful and Trustee Gomberg felt he should be thanked. C. Trustee Grear'. Trustee Grear had no report. D. Trustee Marcus: Trustee Marcus presented Ordinance 10-25, Amending Title 7, Chapter 6, .sections 12 and 13, Entitled "Polfufiion Confirol Facifffiy" of the Municipal Code of the Village of Morton Grove. This is the second reading of this ordinance. Trustee Marcus moved to adopt Ordinance 14-25. Motion passed: 6 ayes, 0 nays. Tr. DilV4aria awe Tr. Gomberg Tr. Grear Tr. Marc~!s ~ Tr. Thi!! a~ Tr. Toth Trustee Marcus then presented Resolution 11-t)1, R.uthorizing an Application for Assisfiance From the Illinois Safe Routes to School Program. He explained. that the Police Department is applying for X250,000 in grant monies for the Illinois Safe Routes to School Program in con}unction with School District 70. Along with the supporting documentation, a resolution needs to be passed by the Village Board showing their support for this program. This resolution fulfills that requirement. Trustee Marcus moved, seconded by Trustee Thill, to approve Resolution 11-01. Motion passed: 6 ayes, 0 nays. Tr. DiMarfa ~ Tr. Gomberg ~ Tr. Grear afire Tr. Marcus ~ Tr. Thil! ~ Tr. Toth 3. Trustee Marcus said that everyone by now is aware of the horrific shooting spree that took place in Tucson over the weekend. He asked for a moment of silence to honor those who died during that event, and for prayers for the recovery of those wounded, and for justice. ~1linntes of January 10, 201'{ ~aartl {Meeting X. TRUSTEES' REP®RTS (continued} E. Trustee Thill: Trustee Thill presented Resolution 11-02, Authorizing the Execution of a Professional Services Agreement with Ayres Associates, Inc. For 2011 Aerial Photogrammetric Mapping. k-ie explained that; each year, as a member of the Geographic information System (GiS) Consortium, the Village participates in collective purchasing of aerie{ photography services and data, along with 15 other member communities. Contractors are solicited every four years. One-fifth of the community is mapped each year, so every five years, the data is updated. Trustee Thill moved to approve Resolution 11-02, seconded by Trustee Toth. Motion passed: 6 ayes, 0 nays. Tr. DiMaria ~ Tr. Gomberg ~ Tr. Greer ,afire Tr. Marcus ~ Tr. Thill ~ Tr. Toth a~ F. Trustee Toth: 1. Trustee Toth presented for a first reading Ordinance 11-01, Granting Rezoning of Part of thew England Avenue and Adjacent Alleys in the Village of Morton Grove. She explained #hat this is pursuant to the Plan Commission Case 1g-04 reported out earlier this evening. There was no further discussion on Ordinance 11-01. 2. Trustee Toth next presented for a first reading Grdinance 11-02, Granting a Vacation of Part of flew England Avenue and Adjacent Alleys in the Village of Morton Grave. This, too, is pursuant to the Plan Commission Case 10-04. There was no further discussion on Ordinance 11-02. 3. Trustee Toth then introduced for a first reading Grdinance 11-03, Granting a Special Use Permit For an Automobile Repair Facility in the Village of Morton Grave. a. She explained that this is pursuant to Plan Commission Case 10-05, which was reported aut earlier tonight. b, Trustee Greer commented that he had attended that Plan Commission hearing, and complimented the Plan Commission and staff on doing an excellent jab that evening. Lin-Mar had great representation, and the several residents who came to the meeting concerned, left happy, realizing they're going to have a great new neighbor. He then moved to waive the second reading of this ordinance. Trustee Di~aria seconded the motion. Trustee Marcus said that he would support the motion, because it's important in these difficult economic times to make it easier for businesses to succeed. Ne satd he was glad that t_in-Mar is expanding and staying in Morton Grave. Trustee Marcus said that, while it's important to "follow the rules" (about having two readings of an ordinance), sometimes an exception can be made. Minutes ~#J~nuar'y'1D, ~Q11 Bn~rd Meetin,+~',~ X. F. Trustee Toth: (continued) TRUSTEES' REP®RTS (continued) Upon the vote, the motion passed: 5 ayes, 1 nay. Tr. ®iMaria ~ Tr. Gomberg ay Tr. Grear Tr. Marcus aye Tr. Thill awe Tr. Toth Trustee DiMaria then moved, seconded by Trustee Grear, to adopt Ordinance 11-03. 1lfiation passed: 6 ayes, 0 nays. Tr. DiMaria awe Tr. Gomberg a e Tr. Grear afire Tr. Marcus ~ Tr. Thitl aye Tr. Toth X. C)THER BUSINESS NONE XI. V~ARRANTS Trustee Gomberg presented two Warrant Registers. The first, far December 27, 2010 was in the amount of $760,861.18. He moved to accept the December 2Th Warrant Register, seconded by Trustee Toth. Trustee Thill had a question on page 3 of the Warrants about two checks for the City of Des Plaines. He wondered why there were two checks. Mr. Horne said that it wasn't, in fact, two checks, but rather one bill that was paid out of both the E-911 Fund and the Fire Department. Trustee Thill also had a question on page 6, a check for $1,000 for "military service credit calculations". Mr. Horne said that that has to do with pension calculations for the police pension credit and was not something that could be done in-house.. Trustee Thiil asked about a $50 payment for a CDL license reimbursement. Assistant Director of Public Works Jae Dahm responded that the Village typically pays a portion of the CDL license renewal fee. Trustee Thilf asked about a $112 payment for plywood. Deputy Police Chief Brian Fennelly said. that was to board up windows in a Village-owned building that the Police Department is currently using for training purposes. Trustee Thin asked about a $125 payment fora "bullet-proof mind seminar". Deputy Chief Fennelly responded that it was a training seminar for five officers. It was a presentation by the foremost expert on farce-on-force training. f. Trustee Thill asked about a $482 "CTS beanbag training ammunition" cast. Deputy Chief Fennelly said that it's basically ammunition that is non-lethal to use in certain incidents of violence. There being no further discussion an the Warrants, Mayor Staackmann called for the vote. I~iotiori passed: 6 ayes, 0 nays. Tr. DitViaria ~ Tr. Gomberg Tr. Grear Tr. IVlarcus ~ Tr. Thill a~ Tr. Toth ayre _ Minutes of Janua ~i0, 2011 Board Meetin ' X{. VUARRAR~TS (continued) 2. Trustee Gomberg presented the Warrant Register for January 10, 2011, in the amount of $790,335.08. He moved to approve the Warrants, seconded by Trustee Toth. a. Trustee Thill asked about a $440 payment to the Cook County Sheriff's Office. Corporation Counsel Liston explained that an objection had been filed to certain library trustee candidates' petitions. The Village is required to convene an Electoral Board to hear and vote on the objections. The Mayor is required to "issue a call" to ail parEies about the convening of the Electoral Board, Documents must be delivered to all parties by certified mail and served to each individual by the Cook County Sheriff's office. The $440 is payment for that service. b. There being no further discussion on the Warrants, Mayor Staackmann called far the vote. Motion passed: 6 ayes, 0 nays. Tr. DiMaria ~ Tr. Gomberg ~ Tr. Greer a,~e Tr. Marcus ayre Tr. Thili ~ Tr. Toth Xll. RESI®ERITS' CCIMMEPITS James. James is a Morton Grove resident who appeared before the Board to request repair or resurfacing of Arcadia between Harlem and Oleander. He wondered if it could be included in the 2011 street resurfacing program. Mayor Staackmann said he would have Andy DeMonte contact him. 2. Pete Meehan. Mr. Meehan, along-time resident, said there's been a lot of talk about building a new library. He had heard that there was supposed to be a referendum on this matter. He wondered if there was going to be one or if the Village could ensure that there was one, in order to "get the issue out in front of the people". He felt it was time for the people in Morton Grove to be heard. a. Corporation Counsel Liston noted that there's several ways to get anon-binding referendum on a ballot. One way is for residents to gather signatures on peti#ions. She said she was not aware of any effort being made in that area. Another way would be for the Village Board to pass a resolution to put a matter on the ballot. The resolution would have to be filed with the Cook County Clerk, and this must be done within a certain amount of time prior fio an election. She thought it was 70 days, but needed to double-check that. Ms. Liston said that, if the Board is so inclined, it must move quickly. b. Trustee Marcus said that, since the. Library Board is a separate entity, shouldn't they be the ones to make the decision first? c. Ms. Liston asked him if he meant the decision to ga to referendum, or to build a new library building. Trustee Marcus replied, "either or both." d. Ms. Liston said the referendum can only be placed an the ballot by the Corporate Authorities. The "Corporate Authorities" are the Village Board. So even if the Library Board voted to put the matter to referendum, it would stilt be the Viifage Board that would have to pass a resolution for that to happen. The Library Board controls the operations of the Public Library as provided by state statute. it is its own elected board, but in some respects, it works under the Village Board. One respect is, before they could build a new building, they would need the Village Board's approval. The Library Board does not have the power to sell bonds, as this Board does. 10 Minutes Hof Janus 10,?~011 Igoard Meetn"" XII. FZE51DEiVTS' COM-ViE~TS {continued) Ms. Liston said that, if a new library would be funded by bonds, this Board would have to sell those bonds. The library's tax levy is part of the Vi((age Board's tax levy. Even though the Library Board sets its own budget and levy, there are certain requirements as what it can and can't be. Mayor Staackmann asked if the deadline had passed. Trustee Marcus said that if it's 70 days, as Ms. Liston believes, it's fast approaching; but not passed yet. He added that he is not aware, fihaugh, of any effort by the Library Board or this Board to put the matter on the ballot. g. Mayor Staackmann asked his colleagues if they had any desire to do so. h. Trustee DiMaria responded that he personally felt the Library Board should approach the Village Beard if they want a referendum on the ballot. He felt the Village Board had enough an its pkate. Trustee Gomberg agreed. There was no further discussion. X111. ADJ®URtVMENT/EXECUTIVE 5E55fO~C Trustee Tath moved to adjourn the meeting. Trustee Thifi seconded the motion. tl~otiors passed unanimously via voice vats. The meeting adjourned at 8:17 p.m. PASSED this 24th day of January, 2011. Trustee DiMaria Trustee Gomberg Trustee Greer Trustee Marcus Trustee Thill Trustee Tath APPROVED by me this 24th day of January, 2011. Daniel J. Staackmann, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 25th day of January, 2011. Tony S. Kalogerakas, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes by: Teresa Cousar ~~ ~.e~i~lative Summary ~ Resolution 11-~l~ Ai1TIrI~~IZING PRELIIVIII~IARY STEPS T6~ DETERMINE THE FEASIBILITY ~F A P~TEI`dTIAL REDEVELQPIVIENT WITI~I10~ TI-IE VICINITY ~F TI-IE WAU~E~AN R®AD TIF DISTRICT Introduced: Synopsis: Purpose: >l3ackground: Programs, I}eparts or groups Affected Fiscalltmpact: Source oi` Funds: VVorl~load Impact: Admin recommend: First Leading: Special consider or re[~uli'ementS: January 24, 201 1 The Village has been approached by a retailer desiring to develop a commercial facility at a location immediately adjacent. to the Waukegan Road TIF District. This resolution will authorize Village staff to do a preliminary review of this proposed development and take preiiminasy steps secessary to begin negotiations for a redevelopment agreemnent. Before a redevelopment agreement can be prepared and submitted to the Village Board for theis- consideration, it is necessary for Viiia.ge staff and the Village's consultant to conduct a preliminary review as to projections on potential revenue, as~d the feasibility of such development. In 1995, the Village established the Waukegan Road TIF District in accordance with the Illinois Tax [ncrement Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq. ~ Recently a commercial developer has approached the Village to develop a commercial facility on property owned by Golf School Distrsct #67 which is immediately adjacent to the Waukegan Road TIF Redevelopment Project Area. The Village has had preliminary discussions with the developer and officials of District #67 who have advised the Village that due to its current financial needs, it is prepared to consider the relocation of its school and the sale of this property dependent upon terms and timelines of this proposal. in order to fishy assess the feasibility and potential for success of this development, it is necessary for staff to invest a significant amount of time and negotiate agreements with its consultants to review the Waukegan Road Redevelopment Plan and Project, to determine if an amendment is necessary for the TIF District, to conduct a study of the area. proposed for the location of the new commercial development, to determine its eligibi}ity for benefits under the TIF Act and if eligible to prepare a redevelopment plan for this area. TI7is resolution will authorize staff to take these steps, as well as to conduct an investigation regarding the possible extension of the current redevelopment project area beyond the estimated completion date of 2018. Administration, Community and Econosic Development, and Legal Departments. The financial impact of this economic development project will be dependent on numerous variables which are not solidified at this Time. Waukegan Road TIF Fund The management and preparation of the appropriate documentation will be done by the Village Administrator, Convmsnity and Economic Development Director, and Corporation Counsel as part of their normal work activities. Approval as presented. Not required None ~~~~ ,t ~ f Prepared by• r~~,T.~`~~' Teresa Hoffman-Listn y Corporation Counsel ~f ,~. ° Respectfully submitted: ~ ~G~, -~ .Iosepix . W e, Village Administratos- ~., ~ Reviewed by: '"~;,~~`'"~ ,lohn D. Said, Convnunsty and Economic evelopment Director E~C1LU'I'II®1 l 1-03 ACJTH~RI~IN~ PI~EILIIVIINARY STEPS TO I~ETERIVIII`~E THE FEASI~ILITI' ~F A POTENTIAL uEnEVEI~c~~1vlElvT ~ITHIl'~ TIDE ~JICINITY OF THE WAUKEGAN I~~AD TIF I)ISTR>[CT WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village of Morton Drove, Cook County, Illinois (the "Village") has actively pursued the development and redevelopment of its commercial and industrial districts in order to provide additional services to its residents, to expand job opportunities within the community and to stabilize its tax base for the Village and all. affected taxing districts; and WHEREAS, the Village has long recognized the commercial corridor located along Waukegan Road, north of Dempster and south of Golf Road (the "Waukegan Road C'o~~f°idor") which has provided the Village with the opportunity to improve and expand its retail anal commercial base and in pursuit thereof, in 1995, caused the preparation of a Final Redevelopment Plan anal Project for the Waukegan Road. Con-idor and the designation of this area as a "Redevelopment Project Area" as authorized by the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11-74.4-1 et seq.); and WHEREAS, as a direct result of the progress the Village has made with the commercial development of the Waukegan Road Corridor, the Village has been approached by a retailer desiring to develop a commercial facility at a location immediately adjacent to the Redevelopment Project Area designated in 1.995; and Wl-IEREAS, the developer has advised the Village its preferred Location for a commercial development is a parcel owned by School District #67, and the Village has been advised by School District #67 that due to its financial needs, it is prepared to consider the relocation of its school and sale of this property, dependent upon the terms and timeline of this proposal; and WHEREAS, the Village realizes it is in the best interest of the Village and its residents to investigate and consider all the terms and conditions as may be requii°ed to accomplish this proposed commercial development which would significantly expand the Village°s commercial district while significantly assisting School District #67 to consolidate its facilities and reduce its overall costs of operation. NOttJ, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities da hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set Forth therein thereby making the findings as hereinabove set forth. SECTION 2: In order to investigate the viability of this economic development project, the Village Administrator is hereby authorized to undertake the following: A. Negotiate agreements with the Village's TIF consultants to review the Final Redevelopment Plan and Project as approved. in 1995 for the Waukegan Road Corridor to determine if an amendment is necessary to assist and coordinate the proposed development with said contract being subject to Village Board approval; B. Negotiate agreements with the Village's TIF consultants to prepare projections on revenue for services related to the Waukegan Road TIF District, including preparation on projections of revenue from the existing TIF district a.nd proposed project, to include both incremental property tax revenues and sales tax revenues, with said contract being subject to Village Board approval; C. Negotiate agreements with the Village's TIF consultants to conduct a study of the area proposed For the location of the new commercial development to determine its eligibility for the benefits available under the TIF Act, and, if eligible, to prepare a redevelopment plan for this area for the purposes of designating this area as a "redeve]opment project area" under the Act, with said contract being subject to Village Board approval; D. Investigate the possible extension of the current Redevelopment Project Area beyond its estimated completion date of 2018 in order to coordinate the proposed contiguous redevelopment project; and E. To confer with the consultants of the Village in order to determine the actions required and estimated costs which may be incurred to accomplish all of the foregoing and to meet with each of the affected taxing districts in order to obtain their input regarding this proposed project. SECTION 3: The Village Administrator is hereby authorized to conduct the appropriate aforementioned investigations and make a formal report to the Village Boai°d of his findings. SECTION ~: This Resolution shall be in full force and effect from and upon its passage and approval. PASSED THIS 24°' DAY OF JANUARY 2011 Trustee DiMaria Trustee Cromberg Trustee Grear Trustee Marcus "Trustee Thill Trustee Toth APPROVED BY ME THIS 24°' DAY OF JANUARY 20l 1 Daniel J. Staackmann, Village President Village of Morton Grove Cook County. Illinois ATTESTED and FILED in my office This 25t" DAY OF JANUARY 2011 Tony S. Kalogerakos, Village Cleric Village of Morton Grove Cook County, Illinois ~,~~~~~a'~ive ~u;~»a~~ Resolution 11-04 AP~'R®`~AI.OF ~ ~I-~~t1~~E IN PL~1~S F'®I2 LINO®Llo1 r~VEli1LJE ~NI3 F~I~RIS AV~NIJE Rf?~>'~~VA.Y IMPRa~E1VIENTS introduced Synopsis Purpose: 6~ackground: Programs, Departs or Croups Affected Fisca! [mpaet: Source of Fnnds: Workload Hmpaet: Ad-niniiecommend: First beading: Special Considers or beq--irements: January 24, 20 ( 0 To approve a change in plans for tr-a~c control at the intersection of C,inco}n Avenue and Ferris Avenue as shown in the attached Exhibit "A", To maintain the current arrangement of stop signs (i.e., traffic control) at the intersection of Lincoln Avenue and Ferris Avenue to maintain the current level of mobility through the intersection white making targeted improvements to intersection safety for pedestrians crossing Lincoln Avenue. Resolution 10-30 authorized a contract with A-Lamp Concrete Contractors, inc. to make improvements 10 Lincoln Avenue between Ferris Avenue and School Street and to Ferris Avenue between Lincoh~ Avenue and Dempster Street, referred to as the Lincoln Avenue and Ferris Avenue Roadway (mprovements. The improvement plans include the addition of a stop sign on westbound Lineoin Avenue at its intersection with Ferris Avenue. The two principle justifications for adding this stop sign Co the improvements wet°e to improve the mobility of southbound Ferris Avenue to eastbound Lincoh~ Avenue movements through this intersection based on future peak-hour traffic volumes and to enhance the safety for pedestrian movements across Lincoln Avenue. The future peal:-hour traffic volumes were estimated based upon the planned development. of site improvements within the Lehigh-Ferris TIF (Tax Increment Financing} District whicfl have not been and wil( likely not be built in the foreseeable future. The Illinois Genera! Assembly Public Act 046-I 165 amends the Illinois Vehicle Code to require drivers to stop and yield the right-of way to a pedestrian crossing the roadway within the crosswalk, just after the improvements design was completed. Public Act 096-1 165 introduces a new, viable alternative to increase pedestrian safety with appropriate signage. The Traffic Safety Commission reviewed the Village staff proposal at rts regularly scheduled meeting on December 2, 2010. The Traffiic Safety Commission recommends the Village install signage at the intersection of Lincoln Avenue and Ferris Avenue as proposed by Village staff to increase pedestrian safety and to evaluate the effects of this signage at a future Traffic Safety Commission ~neetin~~ in April 201 I. The addition of a stop sign on westbound Lincoln Avenue at its intersection with Ferris Avenue results in an unusual traffic control arrangement which may not meet driver expectations, Engineering staff acknowledged the undesirable aspects of the unusual arrangement. of stop signs proposed bythe approved improvement plans, but supported the additional stop sign at t}1e time in favor of an increase in pedesti°ian safety. Engineering staff expects the installation of the crosswalk signage will have no adverse ei~fect on mobility, will increase awareness of and safety ~Por pedestrians. Engineering staff will make observations of the operations at the intersection to evaluate the effects on mobility and safety and make- a report to the Traffic Safety Commission at their meeting in April. Department of Public Works. $500 Lehigh-Ferris T!F District: Account !51099-571027. The Public Works Depart will install signage and evaluate the effects as part of their normal work activities. Approval as presented. Not required None Respectfully submitted: _ ~;t~G~{, ~~~i~1G JosepiNi~ F. V~fade, Village Administrator _. ,~ Pre pared b- : j,~'`~-~~ 1 Y ~ °•~, Reviewed by: Chris Tomich, Village Engineer /~ r Reviewed by: Teresa f-loffinan Listo~~;`Cor)~SOi-ation Counsel Andy DeMonte, Dir. Of Public Works APPROVAL ®F A CI-IAN~F, IN PLANS F®R I,I1°~~QLN AVE1~dUE ANI3 FERR~~ r~~ENUE R~AI)~VAI' I>YrIPR®VEMENTS WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is ahome rule unit of goverl~ment under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, Resolution 10-30 authorized a contract with A-Lamp Concrete Contractors, hzc. to make improvements to Lincoln Avenue between Ferris Avenue and School Street and to Ferris Avenue between Lincoln Avenue and Dempster Street, referred to as the Lincoln Avenue and Ferris Avenue Roadway Improvements; and WHEREAS, the work included in the Lincoln Avenue and Ferris Avenue Roadway Improvements is substantially complete and will befinalized in Spring 201. I; and WHEREAS, the plans for the improvements includes the addition of a stop sign on westbound Lincoln Avenue at its intersection with Ferris Avenue; and WHEREAS, the two principle justifications for adding this stop sign to the improvements were to improve the mobility of southbound Ferris Avenue to eastbound Lincoln Avenue movements through this intersection based on future peak-hour traffic volumes and to enhance the safety far pedestrian movements across Lincoln Avenue; and WHEREAS, the future peak-hour traffic volumes were estimated based upon the planned development of site improvements within the Lehigh-Ferris TIF (Tax Increment Financing) Distl°ict which have not been and will likely not be built in the foreseeable future; and WHEREAS, Illinois General Assembly Public Act 096-1165 amends the Illii~~ois Vehicle Code to require drivers to stop and yield right-of way to a pedestrian crossing the roadway within fhe crosswalk; and WHEREAS, the State of Illinois enacted Public Act 096-1165 in July 2010 after the design of tlae Lincoln Avenue and Ferris Avenue Roadway Improvements were finalized; and WHEREAS, Public Act 096-1165 introduces a new, viable alternative to increase pedestz°ian safety with apps°opriate signage; and WHEREAS, the Village established the Traffic Safety Commission to receive, review, and present recommendations to the President and Board of Trustees regarding requests or inquiries on matters involving traffic safety, including requests for installation of traffic control devices; and WHEREAS, the Traffic Safety Commission received a request from Village staff to evaluate the suitability of the proposed additional stop control at the intersection. of Lincoln Avenue and Ferris Avenue; and WHEREAS, the Traffic Safety Commission, at its regularly scheduled meeting on December 2, 2010, at 7:30 pm at the Richard T. Fhekinger Municipal Center, considered the above referenced request; and WI-IEREAS, the Traffe Safety Commission recommends the Village install signage at the intersection. of Lincoln Avenue and Ferris Avenue as proposed by Village staff to increase pedestrian safety anal to evaluate the effects of this signage at a future Traffic Safety Commission meeting fio be held in April 201.1; and WHEREAS, the addition of a stop sign on westbound Lincoln Avenue at its intersection with Ferris Avenue results in an unusual traffic control arz°angement which may not meet driver expectation; and WHEREAS, changing the plans to eliminate the westbound stop sign on Lincoln Avenue at Ferris Avenue in favor of adding appropriate signage for pedestrians crossing Lincoln Avenue is intended to provide an overall better solution than to increase the number of stop signs. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF TI-IE VILLAGE OF MORTON GROVE, COOK COt1NTY, ILLINOIS AS FOLLOWS: SECTION I :The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set fot~th. SECTION 2: The Corporate Authorities approve a change in the plans for Lincoln Avenue and Ferris Avenue Improvements to eliminate the proposed westbound stop sign on Lincoln Avenue at its intersection with Ferris Avenue and to add appropriate crosswalk signage as shown in the attached EXhlblt "A". SECTION 3: The Dii°ector of Public Works is directed to have the appropriate signage installed as shown in the attached Exhibit "A" or as otherwise approved by the Village Engineer. SECTION 4: This Resolution shall be in full force and effect from and upon its passage ai~1d approval. PASSED THIS 24`x' DAY OF .IANUARY 2011 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee lvlarcus Trustee I'hill Trustee. Toth APPROVED BY 1VIE TINS 24tr' DAY Oh JANUARY 201 I Daniel J. Staaekinann, Village President Village of~ Mo7~on Grove Cook County, Illinois ATTESTED and FILED in my office This 25r~' DAY OF JANUARY 201 I Tony S. Kalogerakos, Village Clerk Village of Morton gave Cools County, Illinois ------ u3 ~ are oa+o~. z ____-"----`~ _'-- '~S 14 4 z ~,~ ? ~ I ~ ~~ M ~ `~ ~ ~ ~~ ~5 ~~ ~ ~ f~ ~ ~ ~ ~, ~-~~ i y /~~ ~~ e ' '. ~ ~ 6'oL'~ t ~ n ~ ~ ~~ I ~ {` ~' I f Sp+ 1 ~'~ e` ,~~I ~~ ~ M r 1 ` II ~~ F~ ~ 91+ ~ 1~ 0it ~ `~ ~ ~11 7~ 7, ~ ~ I 1+'~ q az= 4 1~ a ~ ~{1 I ~°1N 'I ~~~ ~~ . .~~~- ~ ~ ~ ~1k 1 0'91+ ~y Y •~ 4 1 I v_' ~ K `~ I~~~~I I ~ ~ ~~o ~ ~~ Y ~ ~~ e c» ' ,}~ . t W'9 1'14~gv9 0 ~.... s tart, y~ dE ,, ~~ ~'~ } II ~~ 1 ~ ~.~~ f t _ - i, } _ 029`.:. ; '. ~ ' i 1 1 ~ (J 9"22' 4 '. I, °: 0 I d'' .~'6~ O Q 1 r ¢ ~ ~ ~6 ~~~ 4 y 4 ion ~ w Ig`~, a ,~ a 1 . ~~ ~ ~,~ ~° ^ \ ~"qy~ ~~ ~ .. o p61 2> << OV ~\ \ ~ y! ~~ ~` \ ~., °~ ~ ~n r'~ ~~'h'1'~`1~ ~ ~~ 7 Leaislati~e Suenrr~a~ ~~~ Resolution 1 i~ -(IS ~ AUTI-IOsR~~~TI~-N T~ ~~ECUTE A RECIPIENT A~RE~I~IE1V'I' ~6~I'Y'I-I C~J®K ~C1~INT~', I~,LIN®IS FAR Ei~ER~~' EEFICIE~i+L`~ Al~i~ ~;C?NSER~ATI~I`~ ~L©CIi CxRAl~T FUNI~~ Introduced: January 24, 201 1 Synopsis: To authorize the Village President to execute a "Subrecipient Agreement" with Cook CouElty for grant funds for new LED traffic signals at select intersections, Purpose: The agreement between the Village and Cool: County is the necessa~°y first step in order to receive the fut~di:lg {through the American Recovery and Reinvestment Act of 2009; ARRA) that is being administered by Cook County. Bactcground: Federal American Reinvestment and Recovery Act funds were allocated to Cook County by tike federal government for administration in a manner similar to the CDBG (Convr~unity . Development Biocl< grant} Program, Ail Cook County communities were encouraged to apply for these funds by Cook County for loca{ pubic improvement projects that improve energy efficiency. The Village identified an opportunity to install LED (light emitting diode) traffic signals at several intersections in the Village, LED -lights use less energy than traditional incandescent lights by roughly 85% per Tamp, thereby reducing the Village's energy consumption. A construction contract is expected to be presented to the Village Board for approval at the Februar}~ 2b, 201 1 meeting. Programs,~eParts ~ Public Works Department-Engineering Division and Department of Community Development or groups Alfeetesl Fiscal Impact: Total Estimated Project Cost: $100,000 Source of Funds: MFT Fund: 035060-554170 will provide initial funding; to be reimbursed 100% by grant fu~~ding. ~ Wor~Ioad Impact: The Public Works Department, Engineering Civision performs the management and tivitie l k l f th t f th i i t i wor ac e r norma s. e program as par mp emen at on o o Administrator ,Approval as presented. Recommendation: First Reading: Mot required Special considerations I None or Reduirements: ~'1 FLespectfulfy submitted; (~~~ r~"`~ ~~ ~.~e~~' Reviewed by: ,ioseph F~~Wad~Viilage Administrator Aiad_y DeNionte, Pub'tic Works Directoc- z f ~ r ~,~ Prepared by: % a~ ~..,.~ Reviewed by,' ~---.~.. Chris R. Tonic#i, pillage Engineer Teresa Hoffman Ltst~n~`Corporatson Counsel DESL~1TI 1`~ l 1. -S ALTI~®RIZING EXEC~1T10N ~F A REO'IPIENT AGR~EMEN7C WITI~ CO®K C'®UNTY, LLLLN~IS FOR ENERGY EFFI~"IIJNCY AMID C~IVSERVATIO~N BL®CK ~RAI°dT FUNDS WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not Iimited to the power to tax and incur debt; and WHEREAS, Cool< County, Illinois through the American Recovery and Reinvestment Act of 2009 has received Federal Grant Funds to be distributed as Energy Efficiency and Conservation Bloclc Grants; and WHEREAS, the Cook County Bureau of Community Development has informed the Village of Morton Grove the Village is eligible to receive One Hundred Thousand Dollars ($1.00,000) in grant funds from the Energy Efficiency and Conservation Block Grants; and WHEREAS, the Village of Mop°ton Grove has completed exhibits and attachments to a Subrecipient Agreement requiring the Village President's signature prior to submission. NOW, TI-IEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF TI-~IE VILi,AGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village President and the Village Clerk are hereby authorized to submit the Subrecipient Agreement, all understandings and assurances and to execute the 2009 Energy Efficiency Conservation Block Grant (EECGB) Program Year Subrecipient Agreement with the County of Coolc, Illinois for Project EECBG #E09-3007, a copy of which is on f le with fl1e Clerk. SECTION 3: The Village President is hereby authorized to execute any and all additional documents necessary to carry out the 2009 Energy Efficiency and Conservation Block Grant (EECGB) Program for° the Village of Morton Grove. SECTION 4: This Resolution shall be in full force and effect from and upon its passage and approval. PASSED THIS 24`x' DAY OF 7AIVUARY 2Ql 1 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thin Trustee Toth AI'PRt~VED BY ME THIS 24`~ DAY OF JANUARY 201.1 Daniel 1. Staackmann, Vi}}age President Village oPMorton Grove Cook County, Illinois ATTESTED and FILED in my office This 25`x' I~AY OF .1ANUARY 201 I ~hony S. Kalogeralcos, Vil}age Clerk Village of Morton Grove Cook County, Illi~iois ENERGY EFFICIENCY AND CQNSERilATI®N BLOCkC GRANT PR®GRAM SUBRECIPIENT AGREEMENT This Subrecipient Agreement (the "Agreement") is made and effective this 24~h day of January , 2011, between the Cook County Bureau of Community Development and the Cook County Department of Environmental Control on behalf of the County of Cook, a body politic and corporate of the State of Illinois (the "County"), whose address is 69 W. Washington Street, Suite 1900, Chicago, Illinois and Village of Morton Grove (the "Subrecipient"), whose address is 6101 Capulina Ave, Morton Grove, Illinois 60053. RECETAI_S WHEREAS, the Energy Efficiency and Conservation Block Grant Program (the "EECBG Program") was created by the United States Congress under Title V, Subtitle E of the Energy Independence and Security Act (the "EISA") and signed into law on December 19, 2007. EECBG is intended to assist cities, counties, states, territories and Indian tribes in developing promoting, implementing and managing energy efficiency and conservation projects and programs; and WHEREAS, the EECBG was funded by the American Recovery and Reinvestment (the "Recovery Act") of 2009 and is modeled after the Community Development Block Grant program administered by the Department of Housing and Urban Development {"HUD") and has available $2.7 billion awarded through formula grants and $454 million allocated through competitive grants; and. WHEREAS, the U.S. Department of Energy ("DOE") is responsible for ensuring that the funding is used far the cheapest, cleanest and most reliable energy technologies including energy efficiency and conservation; and WHEREAS, the EECBG Program is designed to promote projects and programs that (1) reduce fossil fuel emissions; (2) reduce the total energy use of eligible entities, (3) improve energy efficiency in the transportation, building, and other appropriate sectors and (4} create and retain jobs; and WHEREAS, the County has established the County's EECBG Program ("County's EECBG Program°') Program pursuant to the Recovery Act. The County's EECBG Program will assist in the following activities: Activity 1 -Energy Efficiency Retrofit Initiative far Municipalities; Activity 1a-Energy Efficiency Retrofit Initiative for Non Profit Organizations; Activity 1b -Energy Efficiency Retrofit initiative for Municipalities; Activity 2-Neighborhood Stabilization Program Single Family Rehabilitation ;Activity 3- Local Government Initiative; Activity 4-Industrial Building and Energy Audit; Activity 5-Cook County Deconstruction Project; Activity 6 Energy Efficiency and Material Conservation Strategy Development; Activity 7-Cook County Transportation Incentive Program; Activity 8a-Energy Efficiency and Retrofits; Activity 8b-Revolving Fund for Energy Efficiency Audits and Retrofits; Activity 9-Cook County Electronic Collection Program; Activity 10-Cook County Composting Program; Activity 11-Cook County Highway Traffic Signal LED Retrofit; and WHEREAS, the County's EECBG Program wil3 be subject to the rules and regulations of EISA and the Recovery Act, as well as guidelines stipulated by the U.S. Department of Energy, U.S. Department of Transportation, U.S. Department of Housing and Urban Development and the U.S. Environmental Protection Agency as applicable; and WHEREAS, the Subrecipient has elected to participate in the County's EECBG Program under fhe aforesaid EISA and the County has the right and authority under said EISA and authority of the Cook County Board of Commissioners to allocate a portion of its funds to the Subrecipient; and the County has considered the needs of the Subrecipient for funds for the purposes set forth herein; and WHEREAS, the Subrecipient understands and agrees thaf all funds appropriated in whole or in part under the EECBG must be used to carry out activities to achieve the purposes of the EECBG Program as stipulated in 42 USG 17153, Section 544, Use of Funds; and WHEREAS, the County is a home rule unit pursuant to the 1970 Illinois Constitution, Article VII, Section 6; and WHEREAS, if the Subrecipient is a Municipality, it derives its authority from the "Illinois Municipal Gode" (65 ILCS 5/1-1-1, et seq_), and, if the Subrecipient is a home rule Municipality, from its home rule powers as provided in the 1970 Illinois Constitution, Article VII, Section 6; or WHEREAS, if the Subrecipient is a Township, it derives its authority from fhe "Township Code" (60 ILCS WHEREAS, if the Subrecipient is a Park District, it derives its authority from the "Park District Code" (70 ILCS 1205/1-1, of seq,) or; WHEREAS, if the Subrecipient is a Housing Authority, it derives its authority from the "Housing Authorities Act" {310 ILCS 1011, et seq.}; or WHEREAS, if the Subrecipient is an Intergovernmental Agency, it derives its authority from the 1970 Illinois Constitution, Article VII, Section 10 and the "Intergovernmental Cooperation Act" (5 ILCS 220/1, et seq.}; and WHEREAS, the 1970 Illinois Constitution, Article VII, Section 10 and the "Intergovernmental Cooperation Act" (5 ILCS 220/1, et seq.) provide authority for intergovernmental cooperatian; and WHEREAS, if the Subrecipient is aNot-For-Profit Corporation, it derives its authority to operate in Illinois pursuant to the "General Not For Profit Corporation Act of 1986" (805 ILCS 105/101.01 et seq.); NOW, THEREFORE; in consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals The foregoing recitals are incorporated herein by reference and made a part of this Agreement. 2. Exhibits and Attachments The Agreement includes this Energy Efficiency and Conservation Block Grant Subrecipient Agreement, aif of the following Exhibits, attached hereto, made a part of and incorporated in fihis Agreement by this reference, and all execution forms and certifications attached to and made a part of this Agreement by this reference. By executing this Agreement, the Subrecipient accepts all the terms and conditions of this Agreement, and certifies compliance with all the certifications set forth in this Agreement, including all Exhibits. The Exhibits to this Agreement are as follows: A. Project Scope of Work, Completion Date and Line Item Budget (Exhibit A) B. An Equal Employment Opportunity Certificate (Exhibit B} C. Federal Compliance Assurances (Exhibit C) D. EECBG Special Provisions Relating To Wark Funded Under American Recovery And Reinvestment Act Of 2009 (May 2009) (Exhibit D) E. Recovery Act Required Contract Provisions: Buy American, Davis-Bacon and Gontract Work Hours and Safety Standards Act Requirements and Contract Provisions (Exhibit E) 3. Grant Award The County hereby agrees to make a grant to Subrecipient in a sum not to exceed x'100,000. The Subrecipient agrees to abide by the Recovery Act and to use said funds solely for the purpose of paying for expenses in accordance with the approved Project Scope of Work as described in Exhibit A attached hereto and incorporated herein by reference. NO FUNDS MAY BE OBLIGATED BY SUBRECIPIENT PRIOR TO THE ISSUANCE BY THE COUNTY OF THE NOTICE TO PROCEED. ~&. Agreement to Undertake the Project The Subrecipient agrees to undertake and complete the work and activities described herein and in the Project Scope of Work attached hereto as Exhibit A (the "Project"). By executing this Agreement, the Subrecipient certifies that: the Subrecipient shall utilize a!I funds provided hereunder to carry out activities F,EC'l3G Suhr~ecipic~r~t t~`orra~ Sep[e~nber 1, 201(1 2 of 32 to achieve one or more of the objectives of the EECBG as set forth in Exhibit A and that the Subrecipienf shall cooperate with the County at all times with respect to the implementation and enforcement of the terms and conditions of this Agreement, including all Exhibits attached to this Agreement, which are incorporated herein by this reference, the requirements of the EECBG Grant Program, and elf other laws and regulations pertaining to this grant and the EECBG Program. 5. Time to Start Project; Time to Finish Project A. The Subrecipient understands and agrees tha# all Projects must be started within three (3) months from the date of the "Notice to Proceed" from the County. Any written requests for exceptions or extensions must be submitted and approved in writing within three (3) months after the "NOTICE TO PROCEED" is issued. B. The Subrecipient represents to the County that the aforesaid Project shall be completed within twelve (12} months from the receipt of The "Notice to Proceed" from the County. Any requests fior extension beyond the twelve (12) months to complete the Project must be submitted in writing sixty (60) days before the end of the twelve (12} months to complete. Upon completion or work stoppage, unused andlor unencumbered funds are to be promptly returned to the County. The grant amount awarded hereunder must be completely expended within 12 months of the date of the Notice to Proceed; however, the Subrecipient understands and agrees that it is to make reasonable efforts to actually expend ail funds before March 31, 2011. 6. Procedures After Executing the Agreement; Notice to Proceed After the execution of this Agreement, the County and the Subrecipient shall adhere to the following schedule: A. The Cook County Department of Environmental Control staff will undertake the required environmental review for the Project, as applicable. B. Upon completion of the environmental review, the County shall assume the responsibility for obtaining the "removal of grant conditions" pursuant to Section 104(h) of Title I of the Housing and Community Development Act of 1974, as amended. C. Upon receipt of a "Notice of Removal of Grant Conditions" from HUD, the County shall send the Subrecipient, by first class, prepaid mail, a "NOTICE TO PROCEED". Q. After issuance of the "NOTICE TO PROCEED", the Subrecipient shall follow all procedures set out pursuant to directives issued by _the Bureau of Community Development and the Department of Environmental Control for the County's EECBG Program. 7. Reporting Requirements A. The Subrecipient shall provide all information and reports as necessary to comply with the reporting requirements of the the Recovery Act, including but not limited to Section 1512 of such Act, the U.S. Department of Energy Recovery Rct reporting requirements, and any performance or other reporting required by the County. These include monthly and quarterly reporting. Detailed reporting requirements wilt be provided by the County after execution of this Agreement. The Subrecipient agrees to provide the required information regarding the Subrecipient's activities under this Agreement within the timeframes to be provided by the County. B. The Subrecipient understands and agrees that its activities and programs under the EECBG program are designed to promote energy efficiency and conservation and that its performance and progress will be measured to that end. The performance reports wilt be due to the County an or before the dates to be specified by County. No reimbursement requests will be paid by the County until any and all report requirements due at the time of application for payment have been satisfactorily fulfilled. C. The Subrecipient understands and agrees that the failure to submit timely reports will place future Cook County Bureau of Community Development or Department of Environmental Control funding requests in jeopardy. The County reserves the right to deny requests for future funding, in part or in whole, on the failure of the Subrecipient to comply with reporting requirements and the stated rules and regulations. EL:E'13G Sul~rect/~rc~nt Form ,Sep[e~r~ber~ 1, 2010 3 of 32 8. Compliance with Laws, Rules and Regulations The Subrecipient shall at all times observe and comply with all laws, ordinances, rules or regulations of the Federal, State, County and local governments, as amended from time to time, which may in any manner affect the performance of this Agreement. The Subrecipient shall be responsible far obtaining any and all permits, licenses, permissions and other authorizations required for the performance of the Project. The Subrecipient shall be liable to the County in the same manner that the County shall be liable to the Federal Government, and, shall further be liable to perform all acts to the County in the same manner the County performs these functions to the Federa! Government; provided; however, that the County may, from time to time, impose stricter regulations or requirements than required by Federal laws, rules and regulations, and that the Subrecipient hereby agrees to comply with said County regulations or requirements. The inclusion of specific legal requirements in this Agreement shall not limit the general obligations set forth in this Agreement to comply with all applicable laws and regulations. 9. Administrative Regulations and Compliance The Subrecipient agrees to comply with 42 USC 17152 Sec 542, Energy Efficiency and Conservation Block Grant Program and certain provisions utilized under the Community Development Block Grant 24 CFR 570 including the uniform administrative requirements set out in 10 CFR Section 600, Subparts A, B, C & D, as applicable. 10. Equal Employment Opportunity Compliance; Minority and Women Owned Businesses A. The Subrecipient agrees and authorizes the County and the Federal Government to conduct on-site reviews, to examine personnel and employment records and to conduct any other procedures, practices, or investigations to assure compliance with the provisions of Exhibit B -Equal Employment Opportunity Certification, and, further will fully cooperate therewith. B. The Subrecipient agrees that, to the greatest extent practicable, procurement for construction, professional services, goods, and equipment will include minority and women-owned firms in the procurement process. The Subrecipient may use the County's Directory of Minority Business Enterprises, Women Business Enterprises and Disadvantaged Business Enterprises in its efforts to comply with this Section. 11. Conflict of 6nterest A. The Subrecipient understands and agrees that na director, officer, agent or employee of the Subrecipient may: have any interest, whether directly or indirectly, in any contract (including those far the procurement of supplies, equipment; construction or services), the performance of any work pertaining to this Agreement, the transfer of any interest in real estate or the receipt of any program benefits; ii. represent, either as agent or otherwise, any person, association, trusts or corporation, with respect to any application or bid for any contract or work pertaining to the Agreement; iii. take, accept or solicit, either directly or indirectly, any money or other thing of value as a gift or bribe or means of influencing his or her vote or actions. Any contract made and procured in violation of this provision is void and no funds under this Agreement may be used to pay any cost under such a contract. The purpose of this clause is to avoid even the appearance of a conflict of interest. B. The Subrecipient understands and agrees that any person who is a director, officer, agent or employee of the Subrecipient who, either directly or indirectly, owns or has an interest in any property included in the Project area shall disclose, in writing, to the Board ofi the Subrecipient said interest and the dates and terms and conditions of any disposition of such interest. All such disclosures shall be made public and shall be acknowledged by the Board and entered upon the minute books of the Subrecipient as well as reported to the County. If an individual holds such an interest, that individua! shat( not participate in any decision-making process in regard to such redevelopment plan, project or area or 1;l;C'BG Srabreci/~ien1 I ~»•m S'cj~~enrher 1, 21I1(I 4 of 32 communicate with other members concerning any matter pertaining to said redevelopment plan, project or area. The Subrecipient agrees that all potential conflicts of interest shall be reported by the County to HUD with a request for a ruling prior to proceeding with the Project. C. The Subrecipient agrees and understands that it steal{ incorporate, or cause to be incorporated, the provisions contained in this Section in all contracts or subcontracts entered into pursuant to this Agreement. D. In the event of failure or refusal of the Subrecipient to comply with this Section 11, the County may terminate or suspend in whole or in part any contractual agreements with the Subrecipient pursuant to Section 21 of this Agreement and may take any of the actions set out therein. E. For the purpose of this Section, these conflict of interest provisions apply only to those persons who: i, exercise or have exercised any functions or responsibilities with respect to EECBG activities assisted under the County program; ii. are in a position to participate in a decision making process or gain inside information with regard to such activities; iii. may obtain personal or financial interest or benefit from the activity; or iv. have an interest in any contract or agreement with respect thereto or the proceeds thereunder. F. For the purposes of this Agreement, a person will be deemed to include the individual, members of his or her immediate family, his or her partners and any organization which employs or is about to employ any one of these. 12. Qavis Bacon Act The Subrecipient agrees to comply with the requirements of the Davis-Bacon Act (40 U.S.C. 327 et seq). The contractual provisions attached as Exhibit E are required to be included in all contracts for construction exceeding $2,000 and all related subcontracts. 13. Environmental Conditions; Historic Preservation A. Air and Water. The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: i. Clean Air Act, 42 U.S.C., 7401, et seq; ii. Federal Water Pollution Control Act, as amended, 31 U.S.C., 1251, et seq, as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder: iii. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection. 1n accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in are area identified by the Federal Emergency Management Agency {FEMA} as having special flood hazards, flood insurance under the Nations( Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint. The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all EECBG & CDBG assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if ~~I'CL3G Subr'ecipienl Form Se~te~~~tber• I, 2010 5 of 32 lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. in general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list. E. Debris and Hazardous Substances 1. The Subrecipient shall not allow any contractor, subcontractor or other party to conduct any generation, transportation, or recycling of construction or demolition debris, clean or general or uncontaminated soil generated during construction, remodeling, repair and demolition of utilities, structures, and roads that is not commingled with any waste, without the maintenance of documentation identifying the hauler, generator., place or origin of the debris or soil, the weight or volume of the debris or soil, and the location, owner and operator of the facility where the debris or soil was transferred, disposed, recycled or treated. ii. The Subrecipient further represents that it will perform due diligence in relation to any property that is funded under this grant and that neither it or its contractors, subcontractors or other third parties have handled, boned, stored, retained, refrained, refined, transported, processed, manufactured, generated, produced, spilled, allowed to seep, lead, escape or leach, or pumped, poured, emptied, discharged, injected, dumped, transferred, or otherwise disposed of or dealt with hazardous substances with respect to the Property in violation of any currently applicable environmental laws. iii. The Subrecipient agrees to confirm that in relation to any activity funded under this grant that there has been nc seepage, leak, escape, leach, discharge, injection, release, emission, spill, pumping, pouring, emptying, dumping, or other release of hazardous substances irr violation of any currently applicable environmental laws from the Property onto or into any adjacent property or waters. iv. The Subrecipient affirms that neither it, nor its contractor, subcontractor or property owner to the best of its knowledge under due diligence performed by the Subrecipient, will use its grant monies to perform rehabilitation or repair work on property on which the owners or other parties have received notice from the governments! authority of a violation of environmental laws nor for any request for information pursuant to section 204(e) of CERCLA with respect to the property. v. The Subrecipient agrees to defend, indemnify and hold the County and its Officers, employees and agents harmless from and against, and shat! reimburse the County for, any and al! losses, claims, liability, damages, costs, and expense including but not limited to reasonable legal defense costs, attorney's fees, court costs, environmental consultant's fees and advances, settlements, judgments, judgment interest, prejudgment interest or post-judgment interest, for actions or causes of action, economic loss, injunctive relief, injuries to person, property or natural resources, arising in connection with the discharge, escape, release, or presence of any hazardous substance at or from the property whether foreseeable or unforeseeable, regardless of the source of such release or when such release occurred or such presence is discovered and whether such discharge, escape, release, or presence of any hazardous substance at or from the property is by an affirmative act or by omission by the Subrecipient or by the Subrecipient's officers, agents, employees or contractors. The foregoing indemnity includes, without limitation, ail costs of removal, remediation of any kind, and disposal of such hazardous substance (whether or not such hazardous material may be fegaAy allowed to remain In the Property if removal or remediation is prudent), a!I cost of determining whether the Property Is in compliance and causing the Property to be in compliance with all applicable environmental laws, all costs EL~C'RG ~Subr•ecipient Dorm Se~tenaher 1, 2~/~ b of 32 associated with claims for injunctive relief, damages to persons, property, or natural resources ar economic loss, and the County's reasonable attorneys' and consultants' fees and court costs. 14. Buy American Provision A. The Subrecipient understands and agrees that it will abide by Section 1605(a) of the Recovery Act which provides that Wane of the funds provided under this Agreement may be used for a project for construction, alteration, maintenance or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced ar manufactured in the United States {the "Buy American Provision"}, subject to a waiver under circumstances identified in Exhibit E. B. The Subrecipient understands and agrees that Section 1605(d) provides the Buy American Provision be applied in a manner consistent with the United States obligations under international agreements. C. The Subrecipient represents to the County that it will comply with the Buy American Provision as stated herein and will include the Federally Required Contractual Provisions in all contracts to which such requirements apply, as required in Exhibit E. C3. The Subrecipient may provide a waiver if it finds that (1) applying the Buy American Provision is inconsistent with public interest pursuant to Section 1605(b)(1); {2) United States iron, steel and manufactured goods are not produced in sufficient and reasonably avaifabie quantities or of satisfactory quality pursuant to Section 1605{b)(2}; and (3} inclusion of United States iron, steel and manufactured goods will increase the cost of overall projects by more than 25% pursuant to Section 1605(b)(3). E. The Subrecipient may submit a written request for a waiver to the County. After review and upon a recommendation by the Chief of the Bureau of Community Development, the County may submit the waiver request through the formal DOE waiver process. F. The Department of Energy, Office of Energy Efficiency and Renewable Energy has granted limited nationwide waivers for LED lighting, including lamps, fixtures, and any supporting components and heating ventilation and air conditioning (HVAC) units in circumstances where the Subrecipient has taken substantial steps to commit funds for the purchase of LED lights or HVAC units between February 17, 2009 and March 31, 2010. This waiver applies to projects for the construction, alteration, maintenance or repair of a public building or public work. G. Subrecipient will include the contractual provisions set forth in Exhibit E in any contracts to which these provisions are applicable. 15. Records Maintenance. A. The Subrecipient shall maintain during the term of this Agreement and for a period of five (5) years thereafter complete and adequate financial records, accounts and other records to support all Project expenditures. These records and accounts shall include, but not be limited to, the following: a general (edger that supports the costs charged to the EECBG program; records documenting procurement of goads and services; contracts for goods and services, {ease and rental agreements; invoices; bitting statements; cancelled checks; timecards signed by employees and supervisors; personnel authorization of records; payroll registers; payroll tax records; bank statements; bank reconciliation reports; subcontractor agreements; schedules containing comparisons of budgeted amounts and actual expenditures; and construction progress schedules signed by the appropriate party (i.e. general contractor andlor architect). B. The Subrecipient will give the Federa4 Government, the Comptroller General, the County, and any authorized representative of each of them, access to all books, accounts, records, reports, files, and other papers, or property pertaining to the administration, receipt and use of EECBG funds to necessitate such reviews and audits. F_ECl3G Subrecipien! For•r~r Sep~ernl7er 1, ?Cll ~ 7 of 32 16. Return of Funds and Accounts Receivables; Expiration of Project The Subrecipient agrees that, upon the expiration of this Agreement, it shall transfer to the County all EECBG funds in its possession and not expended and all accounts receivable attributable to the use of EECBG funds which funds and accounts receivable are traceable to this Agreement. 17. Prohibition on Assignment or Transfer of Agreement or Funds. The Subrecipient shall not assign or delegate this Agreement or any part thereof and the Subrecipient shall not transfer or assign any funds or claims due or to become due without the prior written approval of the County. Any transfer, assignment or delegation of any part of this Agreement or any funds from this Agreement shall be a violation of this Agreement and shall be of no effect. Violation of this provision may result in cancellation or suspension of funds, or termination or suspension of this Agreement in whole or in part at the discretion of the County pursuant to Section 21 of this Agreement including any of the actions set out therein. 18. f3lanic Forms and Documents. The Subrecipient shall, upon request of the County, submit any and all forms or blank forms, documents, agreements and contracts to the County for review for compliance with EECBG Program requirements. Such review shall not be deemed to be approval of individual agreements or contracts entered into by the Subrecipient nor of items in said forms, documents, agreements, and contracts not related to program requirements. 19. Obligation for Costs and Future Projects. A. Neither the County nor any of its officers, agents, employees, or servants shall be obligated or bear (lability for payment of amounts expended by the Subrecipient in excess of the grant funds awarded under this Agreement. Neither the County nor any of its officers, agents, employees, or servants shall be obligated or bear liability for the performance of any obligations undertaken or costs incurred by the Subrecipient, participants in a program funded under this Agreement or contractor hired pursuant to a program funded under this Agreement. The allocation of funds under this Agreement shall in no way obligate the County to operate or construct any Project provided for under the provisions of this Agreement. No County funds other than the amount of EECBG funds specified herein and received from the U.S. Department of Energy by the County shall be disbursed to the Subrecipient pursuant to this Agreement. ~. This Agreement neither obligates nor precludes the County from further accepting or distributing funds nor restricts nor limits the powers of the County to use such funds pursuant to the provisions of the Act. C. This Agreement neither obligates nor precludes the Subrecipient from further accepting funds or assistance pursuant to the Recovery Act. D. The Subrecipient agrees that all cast overruns are the responsibility of the Subrecipient. The Subrecipient further agrees that it shall be solely liable for the repayment of unused funds, program income funds, or disallowed, unauthorized or ineligible expenses. Any actions taken by the County pursuant to Section 21 of this Agreement shall not affect the liability of the Subrecipient for the repayment of the funds. 20. indemnification. A. The Subrecipient shall indemnify the County, and its officers, agents, employees, or servants, against and hold them harmless from al! liabilities, claims, damages, losses, and expenses, including but not limited to legal defense costs, attorney's fees, settlements, judgments, prejudgment interest, or post judgment interest whether by direct suit or from third parties arising out of any acts, commissions, or omissions of the Subrecipient and its officers, agents, employees or servants, of a recipient or potential recipient of any moneys or benefits from the Subrecipient, of a participant in a program operated pursuant FIsCl3G Subreciprenr 1~'orrt~ S'e~~temher 1. 2D10 8 of 32 to this Agreement, of a contractor hired pursuant to a program operated under this Agreement, or any officers, agents, employees, or servants of any of these, in a claim or suit brought by any person or third party in connection with this Agreement or from any claim or suit by any person or third party against the County or any of its agents, officers, employees, or servants. B. In the event a claim or suit is brought against the County, or its officers, agents, employees, or servants for which the Subrecipient is responsible pursuant to subparagraph A. of this Section, the Subrecipient will defend, at its own cost and expense, any suit ar claim and will pay any resulting claims, judgments, damages, losses, expenses, prejudgment interest, post judgment interest, or settlements against the County, or its officers, agents, employees or servants. C. The indemnification obligation under this Section shall not be limited in any way to the limitations on the amount or type of damages, compensation or benefits payable by or for the Subrecipient under any law or by the amount of or limitations on insurance coverage, if any, held by the Subrecipient. 21. Suspension or Termination of Agreement. A. The Subrecipient agrees that, if the County determines that the Subrecipient has not complied with or is not complying with; has failed to perform or is failing to perform; or is in default under any of the provisions of the Agreement whether due to failure or inability to perform or any other cause whatsoever; the County, after notification to the Subrecipient by written natice of said non-compliance or default and failure by the Subrecipient to correct-said violations within ten (10) business days, may: i, suspend or terminate this Agreement in whole or in part by written notice, and/or: ii. demand refund of any funds disbursed to Subrecipient; iii. deduct any refunds ar repayments from any funds ob{igated to, but not expended by the Subrecipient whether from this or any other project; iv. temporarily withhold cash payments pending correction of deficiencies by the Subrecipient or more severe enforcement action by the County; v. disallow (that is, deny bath use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; vi. withhold further awards far the program; vii. take other remedies legally available; or viii. take other appropriate legal action. B. The County may send written notice suspending ,effective immediately, the performance of the work under this Agreement, if it determines in its sole discretion, that it is necessary for the efficiency of the Program or to safeguard the Program. The Subrecipient may be given up to ten (10) business days to come into compliance; provided, however, the County may also take any of the actions listed subparagraph A. hereof. C. The County may send written notice to the Subrecipient suspending or terminating this Agreement in whole or in part effective immediately if it determines, in its sole discretion, that the Subrecipient has, including but not limited to: (i) used or is using fraudulent, coercive or dishonest practices; (ii) demonstrated or is demonstrating incompetence, untrustworthiness, ar financial irresponsibility; or (iii) endangered or is endangering the life, safety, health or welfare of one or more persons in the conduct or performance of the work set out in Exhibit A hereto. The County may also take any of the actions fisted in subparagraph A. of this Section; provided, however, that -said actions may be taken effective immediately rather than upon ten (10) days written notice. D. The Subrecipient agrees that this Agreement may be terminated for convenience, in whole or in part, as follows: i. by the County, in which case the Subrecipient shall return all unexpended funds and provide all final reporting, accounting and documentation required by the County; or f'GCE3G Subrecipient I arm September 1, ?010 9 of 32 ii. by the Subrecipient, upon written notification to the County, setting forth the reasons for such termination the effective date, and in the case of partial termination, the portion to be terminated; provided, however, that if the County determines that the remaining portion of the grant will not accomplish the purpose for which the grant was given the County may terminate the entire grant. iii. The written notice given under any of the subparagraphs of this Section may be delivered by regular mail, certified mail return receipt requested, facsimile or personal service. 22. Miscellaneous. A. Relationship of Parties. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The County shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers Compensation Insurance, as the Subrecipient is an independent contractor. B. 5ignage. The Subrecipient hereby agrees to permit appropriate signage, prepared and erected by the County, of the County's participation in the Project to be placed on the property. C. Copyright. If this Agreement results in any copyrightable material or inventions, the County andlor grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. D. Religious Activities. The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities such as workshops, religious instruction or proselytizing. 23. Notice Notice and communications under this Agreement shall be sent first class, prepaid mail to the respective parties as follows: TO THE COUNTY: Mr. Nevin Givens, Director Coak County Department of Environmental Control 69 W. Washington, Suite 1900 Chicago, IL 60602 TO THE SUBRECIPIENT: Daniel Staackmann, President Village of Morton Grove 6101 Capulina Ave Morton Grove, Ulinois 60053 24. Effective Date; Close Out of Grant This Agreement shall be effective as of the 24~n day of January, 2011E, and shall continue in effect for all periods in which the Subrecipient has control over EECBG funds and until this Project is closed out in accord with grant closeout procedures established by the County. For the purposes of this Agreement and applicable Federal rules and regulations, this Agreement shall be deemed expired when the County gives written notice to the Subrecipient that the grant is closed. [THE REMAINDER ®F THIS PAGE INTENTIONALLY LEFT BLANK.} F_ECl3G .Strhr~ecipier7J E~~orna Seh[en~ber 1, ?Oll) 10 of 32 COUNTY OF COOK: BY: Director, Department of Environments( Control County of Cook (Signature) Atte Cook County Clerl< (Signature) County Seal: Approved as to Form: Assistant State's Attorney (Signature) SUBRECIPIENT: BY: Subrecipient Official (Signature) TITLE: Village President ATTEST: Subrecipient ClerktSecretary (Signature) Approved as to Form: Subrecipient Attorney (Signature) ATTACH: Exhibits Resolution Printed Name Printed Name Printed Name Daniel J, Staackmann Subrecipient Official (Printed Name) Tony S. Kalogerakos Subrecipient ClerkJSecretary (Printed Name) Subrecipient Seal: Teresa Hoffman Liston Subrecipient Attorney(Printed Name} GECl3G Suhrc>ci/~ienl I~orn~ .Set~lentber I, ZJ)1~ 1 i oF32 EXHEBITS AND ATTACHMENTS EXHfBlT A PROJECT SCOPE OF V~ORK, COMPLETION DATE AND LINE ITEM BUDGET I. Scope of Work Objectives: The Project wil( comprehensively address the following objectives of the EECBG Program: III. Project Schedule/Completion Date: /kttaeh complete Project Schedule. !l. Program Budget: E1X'l3G Sz~(~recipien! l~~orn~ Seplenrber 1, 2t~1~ 12 of32 EXHIBIT B EQUAL EtUIPL®YMENT ®PP®RTUNITY GERTIFIG~TI~N The signatory to this Agreement to which this Exhibit B is attached understands and agrees that it is a Subrecipient of the County of Cook, Illinois (the "County") in conjunction with the Energy Efficiency and Conservation Btock Grant and agrees that there shall be no discrimination against any employee who is employed in carrying out work receiving assistance from the County and the U. S. Department of Energy (the "DOE"}, or against any applicant for such employment, because of race, color, religion, sex, age, ancestry, marital status, handicap, unfavorable discharge from military service, or national origin, including but not limited to employment, upgrading, demotion or transfer; recruitment or recruitmenf advertising; layoff ar termination; rates of pay or other forms of compensation; or the selection for training, including but not limited to apprenticeship; discipline and tenure, terms, privileges or conditions of employment. The Subrecipient agrees to abide by the Certifications contained herein as well as any and all equal employment opportunity provisions contained in the Agreement to which this is attached and ail aqua! employment opportunity provisions of federal, state and local laws and regulations. The Subrecipient further agrees to the following: 1. It will incorporate or cause to be incorporated into any contract for $10,000 or more, ar modification (hereof, as defined in the regulation of the Secretary of Labor at 41 CFR Chapter 60, as amended, which is paid for in whole or in part with funds obtained pursuant to Energy Efficiency and Conservation Block Grant Program, the equal opportunity clause required by 41 CFR 60-4.4 of the regulations. 2. !t will be bound by said equal opportunity clause with respect to its own employment practices when it participates in any County or DOE assisted work; provided, however, that if the Subrecipient se participating is a unit of local government, the said equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such unit of local government which does not participate in work on or under the contract; 3. It will assist and cooperate actively with the County and DOE in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor, the Secretary of Energy, the Secretary of HUD and the County; 4. It will furnish the County and DOE such information as they may require for the supervision of such compliance, and will otherwise assist the County and DOE in the discharge of primary responsibility for securing compliance; 5. It will enforce the sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Secretary of Labor, the County, or DOE; 6. In the event that its fails or refuses to comply with the undertaking set forth, the County or DOE may cancel, terminate or suspend in whole or in part any contractual agreements the County or DOE may have with the Subrecipient; may refrain from extending any further assistance to the Subrecipient under any program until satisfactory assurance of future compliance has been received from the Subrecipient, may take any of the actions set out of the actions in the agreement or may refer the case to DOE for appropriate legal proceedings. 7. It will comply with the provisions of the Americans with Disabilities Act, as amended from time to time {42 USC Section 12101, et seq.). $. It will comply with Section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135, as amended from time to time. 9. It will comply with the Illinois Human Rights Act (775 ILCS 511-101; et seq} 1 Q. It will comply with 10 CFR 600, Subparts B, C & D, as applicable. I'1'C'!3G Si~6reeipient I~or~rta September I, ?Ol0 13 of 32 EXHIBfT C FEDERAL CG)MPLIANCE ASSURANCE s In accordance with Title V, Subtitle E of the Energy Independence and Security Act (the "EISA"), as amended, and the American Recovery and Reinvestment Act of 2009 (the "Recovery Act") the Subrecipient hereby assures and certifies that it wi11 comply with the regulations, pollcles, guidelines and requirements with respect to the acceptance and use of Federal funds for this federally-assisted program. Without limiting the generality of the foregoing, the Subrecipienf gives assurances and certifies with respect to the grant that: /a. Subrecipient possesses legal authority to make a grant submission and to develop, promote, implement and manage energy efficiency and conservation projects and programs. B. Subrecipient has developed a program to promote projects that (1) reduce fossil fuel emissions; (2) reduce the total energy use of eligible entities, (3) improve energy efficiency in the transportation, building and other appropriate sectors and (4) create jobs. C. Subrecipient wiq minimize displacement of persons as a result of activities assisted with federal funds for Phis federally-assisted program. D. Subrecipient`s chief executive officer, chief elected official, or other officer of the Subrecipient approved by the County is authorized and consents on behalf of the Subrecipient and himselflherself to accept the jurisdiction of the Federal courts for the purpose of enforcement of the requirements of such Act and regulations. E. The grant will be conducted and administered in compliance with the following requirements: 1. Any Subrecipient which is a municipal corporation, in its municipal operations, as applicable and in the administration of this Agreement, will affirmatively further fair housing; 2. Title Vl of the Civil Rights Act of 1964 (42 U.S.C. Section 2000(4)), as amended, and implementing regulations issued at 24 CFR Part 1, as amended; and 3. The Fair Housing Act (42 U.S.C. Sections 3601-3619} and implementing regulations, as amended; 4. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284}, as amended, and implementing regulations, if any; 5. Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto, as amended; 6. Section 3 of the Housing and Urban Development Act of 1968, as amended, and implementing regulations, if any; 7. Executive Order 11246, as amended by Executive Order 11375 and 12086, and implementing regulations issued at 41 CFR Chapter 60, as amended; 8. Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107, as amended; 9. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112}, as amended, and implementing regulations issued at 24 CFR Part 8, as amended; 10. The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and implementing regulations when published for effect; 11. The labor standards requirements as set forth in 24 CFP. Section 570.603, Subpart K and HIJD regulations issued to implement such requirements, as amended; including but not limited to Davis-Bacon (40 USC 276A - 276A-5}, as amended, and the Contract Work Hours and Safety Standards Act (40 USC 327 et. seq.), as amended; fZ;CBG Sttlx~ecrf~ieru f~~ri~~ Se/ve~~~her 1. ZOI D 14 of 32 12. Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution; 13. The National Flood Insurance Program (Section 201 (d), 42 USC 4105 (d), and the flood insurance purchases requirements of Section 102 (a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93-234, 42 USC 4012a); 14.The Americans with Disabilities Act, as amended from time to time (42 USC Section 12101, et sea.). F. No funds provided under this Agreement nor personnel employed pursuant to this Agreement will be used for or in aid of any personal political purpose; Subrecipient will comply with any applicable provisions of the Hatch Act which limits the political activity of employees; and no funds provided under this Agreement nor personnel employed under the Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. G. Subrecipient wiN comply with the lead-based paint requirements of 24 CFR Part 35 (in particular Subparts A, B, J, K and R) issued pursuant to the Lead-based Paint Poisoning Prevention Act (42 U.S,C. 4821-4846}; and, that its notification, inspection, testing and abatement procedures concerning lead- based paint will comply with 24 CFR Section 570.608, as both are now or hereafter amended. H. {f a facility is developed as a result of the assisted activities, no unreasonable fee may be charged for the use of such facility, and, such fee, if charged, must not have the effect of precluding use by low-and- moderate-income persons. I. No EECBG funds will be used to employ, award contracts to, or otherwise engage the services of or fund any contract or sub-contractor of the Subrecipient during any period of debarment, suspension or placement on ineligibility status. K. The Subrecipient certifies, to the best of its knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making. of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan; or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing ar attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The Subrecipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loan, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. L. The Subrecipient certifies that it is complying with the Illinois Drug Free Workplace Act ("Act"), (30 ILCS 580!1, et seq.}, and, if applicable, that it is complying with the Federal Drug Free Workplace Act (41 U.S.C. Section 701, et seq.). 1;l~C/3G Sr~br°eci~~iehl Forr~z S'e/~1einl~er !, 2010 i 5 of 32 EXHIIBIT D ENERGY EFFICIENCY AND C®NSERVATION BLC7CK GRANT SPECIAL PRgVISI®NS RELATING TO VV(~RK FUNDED UNDER AMERICAN RECGVERY AND REINVESTMENT' ACT OF 2009 (May 2009) Preamble The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act) was enacted to preserve and create jobs and promote economic recovery, assist those most impacted by the recession, provide investments needed to increase economic efficiency by spurring technological advances in science and health, invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits, stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases. Recipients shall use grant funds in a manner that maximizes job creation and economic benefit. The Recipient shall comply with all terms and conditions in the Recovery Act relating generally to governance, accountability, transparency, data collection and resources as specified in Act itself and as discussed below. Recipients should begin planning activities far their first tier subrecipients, including obtaining a DUNS number (or updating the existing DUNS record), and registering with the Central Contractor Registration (CCR). Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery Act and related guidance. Far projects funded by sources other than the Recovery Act, Contractors must keep separate records for Recovery Act funds and to ensure those records comply with the requirements of the Act. The Government has not fully developed the implementing instructions of the Recovery Act, particularly concerning specific procedural requirements far the new reporting requirements. The Recspient will be provided these details as they become available. The Recipient must comply with all requirements of the Act. if the recipient believes there is any inconsistency between ARRA requirements and current award terms and conditions, the issues will be referred to the Contracting Officer for reconciliation. Definitions For purposes of this clause, the following definitions shall apply: "Covered Fronds" means funds expended or obligated from appropriations under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5. Covered Funds will have special accounting codes and wil( be identified as Recovery Act funds in .the grant, cooperative agreement or TIA andlor modification using Recovery Act funds. Covered Funds must be reimbursed by September 30, 2015. "Non-Federal employer" means any employer with respect to covered funds -- the contractor, subcontractor, grantee, or recipient, as the case may be, if the contractor, subcontractor, grantee, or recipient is an employer; and any professional membership organization, certification of other professional body, any agent or licensee of the Federal government, or any person acting directly or indirectly in the interest of an employer receiving covered funds; or with respect to covered funds received by a State or focal government, the State or local government receiving the funds and any contractor or subcontractor receiving the funds and any contractor or subcontractor of the State or local government; and does not mean any department, agency, or other entity of the federal government. "i?ecipient" means any entity that receives Recovery Act funds directly from the Federal government (including Recovery Act funds received through grant, loan, or contract) other than an individual and includes a State that receives Recovery Act Funds. Ff'C'f3G Sr~brecipren! horn September 1, 2QIt? 16 of 32 A. Flow Down Requirement Recipients must include these special terms and conditions in any sub-award. 8. Segregation of Costs Recipients must segregate the obligations and expenditures related to funding under the Recovery Act. Financial and accounting systems should be revised as necessary to segregate, track and maintain these funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other than that of making payments for costs allowable for Recovery Act projects. C. Prohibition on lase of Funds None of the funds provided under this Agreement derived from the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. D. Access to Records With respect to each financial assistance agreement awarded utilizing at least some of the funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009, Pub. L. III -5, any representative of an appropriate inspector general appointed under section 3 or 8G of the Inspector Genera( Act of 1988 (5 U.S.C. App.} or of the Comptroller General is authorized -- (1} to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract that pertain to, and involve transactions that relate to, the subcontract, subcontract, grant, or sub grant; and (2} to interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding such transactions. E. Publication An application may contain technical data and other data, including trade secrets and/or privileged or confidential information, which the applicant does not want discbsed to the public or used by the Government for any purpose other than the application. To protect such data, the applicant should specifically identify each page including each Line or paragraph thereof containing the data to be protected and mark the cover sheet of the application with the following Notice as well as referring to the Notice on each page to which the Notice applies: The data contained in pages ---- of this application have been submitted in confidence and contain trade secrets or proprietary information, and such data shall be used or disclosed only far evaluation purposes, provided that if this applicant receives an award as a result of or in connection with the submission of this application, DOE shall have the right to use or disclose the data here to the extent provided in the award. This resfiriction does not limit the Government's right to use or disclose data obtained without restriction from any source, including the applicant. Information about this Agreement will be published on the Internet and linked to the website www.recovery.gov. maintained by the Accountability and Transparency Board. The Board may exclude posting contractual or •other information on the website on a case-by-case basis when necessary to protect nationa4 security or to protect information that is not subject to disclosure under sections 552 and 552a of title 5, United States Code: F. Protecting, State and Local Government and Contractor Whistiebiowers. The requirements of Section 1553 of the Act are summarized below. They include, but are not limited to: Prohibition on Reprisals: An employee of any non-Federal employer receiving covered funds under the American Recovery and Reinvestment Act of 2049, Pub. L. 111-5, may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordsnary course of an employee's duties, to the Accountability and Transparency Board, an inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law enforcement agency, a LI~Z'l3G Subr•eci~~rer2! Form ,S~e~~tember 1, 2010 17 of 32 person with supervisory authority over the employee (or other person working for the employer who has the authority to investigate, discover ar terminate misconduot), a court or grant jury, the head of a Federal agency, or their representatives information that the employee believes is evidence of: - gross mismanagement of an agency contract or grant relating to covered funds; - a gross waste of covered funds; - a substantial and specific danger to public health ar safety related to the impiementatian or use of covered funds; - an abuse of authority related to the implementation or use of covered funds; or - as violation of law, rule, or regulation related to an agency contract {including the competition far or negotiation of a contract) or grant, awarded or issued relating to covered funds. Agency Action: Not later than 34 days after receiving an inspector general report of an alleged reprisal, the head of the agency shalt determine whether there is sufficient basis to conclude that the non-Federal employer has subjected the employee to a prohibited reprisal. The agency shall either issue an order denying relief in whole or in part or shall take one or more of the following actions. - Order the employer to take affirmative action to abate the reprisal. - Order the employer to reinstate the person to the position that the person held before the reprisal, together with compensation including back pay, compensatory damages, employment benefits, and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken. - Order the employer to pay the employee an amount equal to the aggregate amount of ail casts and expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by the employee for or in connection with, bringing the complaint regarding the reprisal, as determined by the head of a court of competent }urisdictian. Nonenfarceability of Certain Provisions Vlfaiving Rights and remedies ar Recgulring Arbitration: Except as provided in a collective bargaining agreement, the rights and remedies' provided to aggrieved employees by this section may not be waived by any agreement, policy, form, or aondition of employment, including any pre-dispute arbitration agreement. No pre-dispute arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising out of this section. Requirement to Post lVotiee of Rights and Remedies: Any employer receiving covered funds under the American Recovery and Reinvestment Act of2009, Pub. L. 111-5, shall post notice of the rights and remedies as required therein. (Refer to section 1553 of the American Recovery and Reinvestment Act of2009, Pub. L. l f 1-5, www.Recovery.gov, for specific requirements of this section and prescribed language for the notices.). G. Reserved . H. False Claims /bet Recipient and sub-recipients shall promptly refer to the DOE or other appropriate Inspector General any credible evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving those funds. i. Information in support of Recovery Act Reporting Recipient may be required to submit backup documentation for expenditures of funds under the Recovery Act including such items as timecards and invoices. Recipient shall provide copies of backup documentation at the request of the Contracting Officer or designee. f-,~IC'13G St~brc~ci~7iei~l f't~rnr Se~~[ember 1, 2010 18 of 3? J. Avaitabiiity of Funds Funds obligated to this award are available for reimbursement of costs until 36 months after the award date, K. Additional Funding Distribution and Assurance of Appropriate Use of Funds Certification by Governor - For funds provided to any State or agency thereof by the American Reinvestment and Recovery Act of 2009, Pub, t. 111-5, the Governor of the State shall certify that: 1) the state will request and use funds provided by the Act; and 2) the funds will be used to create jobs and promote economic growth. Acceptance by State Legislature -- If funds pravided to any State in any division of the Act are not accepted for use by the Governor, then acceptance by the State legislature, by means of the adoption of a concurrent resolution, shall be sufficient to provide funding to such State. Distribution -- After adoption of a State legislature's concurrent resolution, funding to the State will be for distribution to local governments, councils of government, public entities, and public-private entities within the State either by formula or at the State's discretion. t_. Certifications With respect to funds made available to State or Vocal governments for infrastructure investments under the American Recovery and Reinvestment Act of2009, Pub. t_. 111-5, the Governor, mayor, or other chief executive, as appropriate, certified by acceptance of this award that the infrastructure investment has received the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer daliars. Recipient shall provide an additional certification that inckudes a description of .the investment, the estimated total cost, and the amount of covered funds to be used for posting on the Internet. A State or local agency may not receive infrastructure investment funding from funds made available by the Act unless this certification is made and posted. I;ECBG Si~breci0ien! f ~~i^~z~ Septcm(~er 1, 2010 19of32 EXHIBIT E RECOVERY ACT REQUIRED CONTRACT PROVISIONS REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS -SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT QF 2009 This provision applies to projects using funds made available under the Recovery Act for construction, alteration, maintenance or repair of a public building or public work. (a) Definitions. As used in this award term and condition- (1) Manufactured good means a good brought to the construction site for incorporation into .. the building or work that has been- (i) Processed into a specific form and shape; or {ii} Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. (2) Public building and public work means a public building of, and a public work of, a governmental entity {the United States; the District of Columbia; commonweaifhs, territories, and minor outlying islands of the United States; State and local governments; and multistate, regional, or interstate entities which have governmental functions). These buildings and works may include, without (imitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. (3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. (b) Domestic preference.. (I) This award term and condition implements Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States except as provided in paragraph (b}(3) of this section and condition. Waivers issued by the Department of Energy may be found on the website of the Office of Energy Efficiency and Renewable Energy (http:ilwww.eere.energy.govl) (3) The award official may add other iron, steel, and/or manufactured goods to the list in paragraph (b)(2) of this section and condition if the Federal Government determines that- (/) The cost of the domestic 'stun, steel, andlor manufactured goods would be unreasonable. The cost of domestic iron, steel, or manufactured goods used in the project is unreasonable when the cumulative cost of such material wiN increase the cost of the overall project by more than 25 percent; (2) (ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. (c) Requesi for determination of inapplicability of Section 1605 of the Recovery Act. (1 )(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b}(3) of this section shall include adequate information for Federal Government evaluation of the request, including- EECBG Sr~brecipienr Forvra Selatetnber !, 2f~11? 20 of 32 {A) A description of the foreign and domestic iron, steel, and/or manufactured goods; {B) Unit of measure; (C) Quantity; (D) Cost; (E) Time of delivery or availability; (F} Location of the project; {G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph (b}(3) of this section. {ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this section. (iii) The cost ofi iron, steel, and/or manufactured goods material shall include all delivery costs to the construction site and any applicable duty. (iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated far a project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a determination. (2) If the Federal Government determines after funds have been obligated for a project far construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend the award to aNow use of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is nonavailabiiity or public interest, the amended award shaft reflect adjustment of the award amount, redistribution of budgeted funds, and/or other actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award of#icial shall ad}ust the award amount or redtstribute budgeted funds by at (east the differential established in 2 CFR 176.11 O( a). (3} Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods is noncompliant with section 1605 of the American Recovery and Reinvestment Act. (d) Data. To permit evaluation of requests under paragraph {b) of this section based on unreasonable cost, the Recipient shall include the following information and any applicable supporting data based on the survey of suppliers: G;fCBG S'arlu~ecrjaier2l I~t3rt~i Septer~~Ger I, 20 / 0 2 I of 32 Foreign and Domestic Items Cost Camparison Unit of Cost , Description measure Quantity (doNars)* {(fern 1: Foreign steel, iron, ar manufactured good Domestic steel, iron, or manufactured good ~ , (tern 2: Foreign steel, iron, or manufactured goad Domestic steel, iron, ar manufactured good List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. include other applicable supporting information. *Include all delivery costs to the construction site. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER. INTERNATIONAL AGREEMENTS) -SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (a) Definitions. As used in this award term and condition- Designated country - (I) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Cxech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and United Kingdom; (2) A Free Trade Agreement (FT A} country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, Ei Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore}, or (3) A United States-European Communities Exchange of Letters (May 15, 1995) country: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom. Designated country iron, steel, and for manufactured goods - (i) is wholly the growth, product, or manufacture of a designated country; or (2) in the case of a manufactured good that consist in whole or in part of materials from another country, has been substantially transformed in a designated country into a new and different manufactured good >/~"CBG Suhrecipien! !'or•rar Sepfember~ I, 210 22 of 32 distinct from the materials from which it was transformed. Domestic iron, steel, and/or manufactured good - (I) Is wholly the growth, product, or manufacture of the United States; or {2) in the case of a manufactured good that consists in whole or in part of materials from another country, has been substantially transformed in the United States into a new and different manufactured good distinct from the materials from which it was transformed. There is no requirement with regard to the origin of components or subcomponents in manufactured goods or products, as long as the manufacture of the goods occurs in the United States. Foreign iron, steel, and/or manufactured good means iron, steel and/or manufactured good that is not domestic or designated country iron, steel, andlor manufactured good. Manufactured good means a good brought to the construction site for incorporation into the building or work that has been- (1)Processed into a specific form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. Public building and public work means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multi-State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power fines, pumping stations, heavy generators, railways, airports, terminals, docks, piers; wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. Steel means an al4oy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. (b) Iron, steel, and manufactured goods. (6} The award term and condition described in this section implements- (i} Section 1605(x} of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States; and (ii) Section 1605( d), which requires application of the Buy American requirement in a manner consistent with U.S. obligations under international agreements. The restrictions of section 1605 of the Recovery Act do not apply to designated country iron, steel, and/or manufactured goods. The Buy American requirement in secti9n 1605 shall not be applied where the iron, steel or manufactured goods used in the project are from a Party to an international agreement that obligates the recipient to treat the goods and services of that Party the same as domestic goods and services. This obligation shall only apply to projects with an estimated value of $7,443,000 or more. (2) The recipient shall use only domestic or designated country iron, steel, and manufactured goods in performing the funded project in whole or part with this award, except as provided in paragraphs (b)(3) and (b)(4) of this section. (3) The requirement in paragraph (b)(2) of this section does not apply to the iron, steel, and manufactured goods listed by the Federal Government as follows: None at this time,(4) The award official may add other iron, steel, and manufactured goods to the list in paragraph (b)(3) of this section if the Federal Government determines that- (i) The cost of domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, andlor manufactured goods used in the project is unreasonable when the cumulative cost of such materia4 wi44 increase the overall cost of the project by more than 25 percent; FECBG Sr~hr~ecipiet~t T~or~m SeE~te~nber• f. 20/0 23 of 32 (ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality; or (iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. (c} Request for determination of inapplicability of secfion 1605 of fhe Recovery Act or the Buy American Act. (I}(i) Any recipient request to use foreign iron, steal, and/or manufactured goods in accordance wifh paragraph (b)(4) of this section shall include adequate information for Federal Government evaluation of the request, inciuding- (A) Adescription of the foreign and domestic iron, steel, and/or manufactured goods; (B) Unit of measure; (C) Quantity; (D) Cost; (E) Tirne of delivery or availability; (F) Location of the project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason #or use of foreign iron, steel, and/or manufactured goads cited in accordance with paragraph (b)(4) of this section. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this section. (iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the construction site and any applicable duty. (iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. If the recipient does not submit a satisfactory explanation, the award officio( need not make a determination. (2) if the Federal Government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is nonavailabiiity or public interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other appropriate actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is the unreasonable cast of the domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or redistribute budgeted funds, as appropriate, by at least the differential established in 2 CFR 176.11 O(a}. (3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods other than designated country iron, steel, and/or manufactured goods is noncompliant with the applicable Act. (d) Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cast, the applicant shall include fhe following information and any applicable supporting data based on the survey of suppliers: EF~C'BG Seibrecipiera! l~t~r~n~ Sc:pdember 1, 20/0 24 of 32 Foreign and Domestic Items Cost Comparison Unit of Cost Description measure Quantity (dollarsl* Item l: Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good Item 2: I Foreign steel, iron, or manufactured good Domestic steel, iron, ar manufactured good List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. Include other applicab{e supporting information. *inc}ude ail delivery casts to the construction site. DA1(IS BACON AND CUNTF2ACT VUQRI: FIOURS AND SAFETY STANDARDS AQT REQUIREMENTS AN® CQNTRACT PRO!lISIONS iPVAGE RATE REQUIREMENTS UNDER SECTIQN 1606 ®F THE RECC}VERY AST This provision is required for any contract in excess of $2,000 entered into for the actual construction, alteration and/or repair, including paining and decorating, or a public building, or work financed in whole or in part from Federal funds, including Recovery Act funds. (a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recavery Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Pursuant to Reorganization PEan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR parts 1, 3, and 5 to implement the Davis-Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis- Bacon contract clauses set forth in that section. Federal agencies providing grants, cooperative agreements, and loans under the Recovery Act shall ensure that the standard Davis-Bacon contract clauses found in 29 CFR 5.5(a) are incorporated in any resultant covered contracts that are in excess of $2;000 far construction, alteration or repair (including painting and decorating}. (b) For additional guidance on the wage rate requirements of sectian 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the appitcation of Davis-bacon requirements to a particular federally assisted project to I:EL~13G S`uhreci~iert! Fur-~7 S'epl~i~tber 1, ?01~ 25 of'32 the Federal agency funding the project. The Secretary of Labar retains final coverage authority under Reorganization Plan Number 14. DAVfS-BACON AGT AND CONTRACT WORiCNOURS AND SAFETY STANDARD ACT Definitions: For purposes of this provision, "Davis Bacon Act and Contract Work Hours and Safety Standards Act," the following definitions are applicable: (I) "Award" means any grant, cooperative agreement or technology investment agreement made with Recovery Act funds by the Department of Energy (DOEj to a Recipient. Such Award must require compliance with the labor standards clauses and wage rate requirements of the Davis-Bacon Act (DBA) for work performed by all laborers and mechanics employed by Recipients (other than a unit of State or local government whose awn employees perform the construction) Subrecipients, Contractors, and subcontractors. (2} "Contractor" means an entity that enters into a Contract. For purposes of these clauses, Contractor shall include (as applicable) prime contractors, Recipients, Subrecipients, and Recipients' or Subrecipients' contractors, subcontractors, and lower tier subcontractors. "Contractor" does not mean a unit of State or local government where construction is performed by its own employees." (3) "Contract" means a contract executed by a Recipient, Subrecipient, prime contractor, or any tier subcontractor far construction, alteration, or repair. it may also mean (as applicable} (i) financial assistance instruments such as grants, cooperative agreements, technology investment agreements, and loans; and, (ii) Sub awards, contracts and subcontracts issued under financial assistance agreements. "Contract" does not mean a financial assistance instrument with a unit of State or loco{ government where construction is performed by its own employees. {4) "Contracting Officer" means the DOE official authorized to execute an Award on behalf of DOE and wno is responsible for tf'ie business management and non-program aspects of the financial assistance process. {5) "Recipient" means any entity other than an individual that receives an Award of Federal funds in the form of a grant, cooperative agreement, or technology investment agreement directly from the Federal Government and is financially accountable for the use of any DOE funds or property, and is legally responsible for carrying out the terms and conditions of the program and Award. (6) "Subaward" means an award of financial assistance in the form of money, or property in lieu of money, made under an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a lower-tier subrecipient. The term includes financial assistance when provided by any legal agreement, even if the agreement is called a contract, but does not include the Recipient's procurement of goods and services to carry out the program nor does it include any form of assistance which is excluded from the definition of "Award" above. (7) "Subrecipient" means anon-Federal entity that expends Federal funds received from a Recipient to carry out a Federal program, but does not include an individual that is a beneficiary of such a program. (a} Davis Bacon Act (1 }Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 193% or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and, without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3», the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those GE~C'BG Subr~ecipiertd F'or~n Se~terT7her 1, 2010 26 of 32 contained in the wage determination of the Secretary of Labor which Is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1 (b )(2) of the Davis-Bacon Act on behalf of Vaborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a){i)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section} and the Davis-Bacon poster (WH - 1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Qi)(A) The Contracting Officer shall require that any class of fabarers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by a classification requested is not performed by a classification in the wage determination; (2) The classification is utilized in the area by the construction industry; and {3} The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) if the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate {including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and sa advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (C) !n the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 3D-day period that additional time is necessary. (D} The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(I)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (iii} Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. LLC'l3G S~e(n~~eci0ier~t l~ori~~ .S'e~atetzsher 1, ?010 27 of 32 (iv) 1f the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan ar program, provided that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Acf have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. {2) Withholding. The Department of Energy or the Recipient or Subrecipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the foil amount of wages required by the Contract. in the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of1949 in the construction or development of the project), all or part of the wages required by the Contract, the Department of Energy, Recipient, or Subrecipient, may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3} Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such vvorker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1 (b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked; deductions made, and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a}(1)(iv) that the wages of any taborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program descr'sbed in section i{b}(2}(B} of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii) (A) The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to the Department of Energy if the agency is a party to the Contract, but if the agency is not such a party, the Contractor will submit the payrolls to the Recipient or Subrecipient (as applicable), applicant, sponsor, or owner, as the case may be, for transmission to the Department of Energy. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i}, except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls shalt only need to include an 'rndividuaily identifying number for each employee (e.g., the last four digits of the employee`s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http //vvww dot govlesa/whdlforms/wh347instr.htm or its successor site. The prime Contractor is responsible for the submission of copies of payrolls by al4 subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Department of Energy if the agency is a party to the Contract, but if the f~ECeG Subrecipien! Form S'eple~nher 1, 20/0 28 of 32 agency is not such a party, the Contractor will submit them to the Recipient or Subrecipient (as applicable}, applicant, sponsor, or owner, as the case may be, for transmission to the Department of Energy, the Contractor, or the Wage and Nour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the Recipient ar Subrecipient (as applicable), applicant, sponsor, or owner}. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: (1 }That the payroll for the payroll period contains the information required to be provided under § 5.5 (a}(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i} of Regulations, 29 CFR part 5, and that such information is correct and complete; (2} That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (C} The weekly submission of a properly executed certification sat forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3}(ii}(B) of this section. (D} The falsification of any of the above certifications may subject the Contractor or subcontractor to civil ar criminal prosecution under section 1001 of title 18 and section 3729 of title 31 of the United States Code. (iii) The Contractor or subcontractor shall make the records required under paragraph (a}(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Department of Energy or the Department of Labor, and shat! permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees- (i) Apprentices. Apprentices will be permitted to work at 4ess than the predetermined rate far the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeshsp program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the jab site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not .less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing ECCY3G Sirh~~•ecipient F'orna Se~~len~ber 1, 201 CI 29 of 32 construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Gontractor's or subcontractor's registered program shat! be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. (f the apprenticeship program does not specify fringe benefits, apprenfices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevaiks far the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. {ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides far less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination far the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than fhe applicable wage rate on the wage determsnation for the vvork actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will na longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be In conformity with the equal employment opportunity requirements of Executive Order 11246, as amended and 29 CFR part 30. (5) Compliance with Gopeiand Act requirements. The Contractor shaft comply with the requirements of 29 CFR part 3, which are incorporated by reference in this Contract. (6) Contracts and Subcontracts. The Recipient, Subrecipient, the Recipient's, and Subrecipient's contractors and subcontractor shall insert in any Contracts the clauses contained herein in(a)(I) through (10) and such other clauses as the Department of Energy may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for the comp{iance by any subcontractor ar lower tier subcontractor with aft of the paragraphs in this clause. (7} Contract termination: debarment. A breach of the Contract causes in 29 CFR 5.5 may be grounds far termination of the Contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8} Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts (, 3, and 5 are herein incorporated by reference in this Contract. (9} Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be L;I;C'l3G Sirbreci~ien~ For•in Sep~emher 1, 2(?lt) 3~ of?2 resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Recipient, Subrecipient, the Contractor (or any of its subcontractors), and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certifiication of eligibility. (i) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5. 12(x)(1). (ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5. 12(a) (1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. {b) Contract Work Hours and Sa#ety Standards Act. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1} Overtime requirements. No Gontractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shalt require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2} Violation; liability for unpaid wages; liquidated damages. in the event of any violation of the clause set forth in paragraph (b)(I) of this section, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. in addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract far the District of Columbia or a territory, to such District ar to such territory), for liquidated damages. Such liquidated damages steal! be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in vialafan of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b){1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Department of Energy or the Recipient or Subrecipient shall upon its awn action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contrac# subject to the Contrac# tiVork Nours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Contracts and Subcontracts. The Recipient, Subrecipient, and Recipient's and Subrecipient's contractor or subcontractor shall insert in any Contracts, the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for compliance by ..any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. (5) The Contractor or subcontractor sha41 maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the Contract for ail laborers and mechanics, including guards and watchmen, working on the Contract. Such records shah contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records to be maintained under this paragraph shalt be made available by the Contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the 1~£•,'~'t3G SuGreci~ient I'~rm Se~~lernher 1, 2O/0 31 of 32 Department of Energy and the Department of Labor, and the Contractor or subcontractor will permit such representatives to interview employees during working hours on the job. (c} Recipient Responsibilities for Davis Bacon Act (i} On behalf of the Department of Energy (DOE}, Recipient shall perform the following functions: (i} Obtain, maintain, and monitor ail Davis Bacon Act (DBA) certified payroll records submitted by the Subrecipients and Contractors at any tier under this A ward; (ii) Review all DBA certified payroll records for compliance with DBA requirements, including applicable DOL wage determinations; (iii) Notify DOE of any non-compliance with DBA requirements by Subrecipients or Contractors at any tier, including any non-compliances identified as the result of reviews performed pursuant to paragraph (ii} above: (iv} Address any Subrecipient and any Contractor DBA non-compliance issues; if DBA non-compliance issues cannot be resolved in a timely manner, forward complaints, summary of .investigations and all relevant information to DOE; (v) Provide DOE with detailed information regarding the resolution of any DBA non-compliance issues; (vi) Perform services in support of DOE investigations of complaints filed regarding noncompliance by Subrecipients and Contractors with DBA requirements; (vii) Perform audit services as necessary to ensure comp{ianee by Subrecipients and Contractors with DBA requirements and as requested by the Contracting Officer; and (viiij Provide copies of all records upon request by DOE or DOL in a timely manner. {c#} Rates of Wages The prevailing wage rates determined by the Secretary of Labor can be found at httga/www.wdol.gov/. FECl3G Subrecipren! Dorm Septer~ther 1. 2r1l0 32 0#'32 fl Ordinance 11- Ol GRANTING A REZONING OF PART OF NEW ENGLAND AVENUE AND ADJACENT ALLEYS IN TIIE VILLAGE OF MORTON GROVE troduced: f 3anuary 10, 2011 rnopsis: S This ordinance will approve rezoning for a part of New England Ave. and adjacent alleys situated within or adjacent to Castle Honda, 6900 Dempster Street and 8833 Waukegan Road, Morton Grove, Illinois, Purpose: Rezoning (map amendment) of land is only allowable in the Village's Mtu~icipal Code by approval of a rezoning request. Baci~gronnd: Churchill Real Estate, LLC eIo Thomas Sondag (Castle Honda), 6900 DempsterStreet, Morton Grove, Illinois made an application for rezoning (along with a plat of vacation}, for that pozrtion of New England Avenue adjacent to their property. The Village has been working with Castle on ~ this concept for an extended period, as New England Avenue is not required to be maintained within the Village's street network, and because Castle has indicated their interest in expanding their site. The proposed use of these areas will be for parkinglstorage of new car inventozy. Pursuant to Ordinance 11-OZ ,the Village shall ask the Board to approve a plat of vacation to vacate the portion of New England Avenue, as well as, the alleys within Castle's property, In ' accordance with the. provisions of the Morton Grove Unified Development Code, a public hearing was conducted on December 20, 2010. Staff indicated the applicant addressed. comments and concerns from Public Worlcs, Engineering, Fire Department, Building Department, Community Development, and the PaIice Department. A condition of approval is included to require the applicant to enter into an agreement with the Village to transfer the property from Village ownership to the applicant's ownership. The applicant had also presented its proposal and responded satisfactorily to the Traffic Safety Commission; Appearance Cornrnission review was not required as this project does not include any new or altered building: Following the hearing, the Plan Commission and Village staff i ianimously recommends the rezoning be approved subject to certain conditions which are set forth in the ordinance. Programs, Depts Building and Inspectional Services, Community and Economic Development, and Legal c}r Groups Affected Fiscal Impact: The applicant's use of the rezoned area will generate additional sales and property taxes, which cannot be estimated at this time. It will also reduce Village costs for road maintenance. Source of funds: Not Applicable. Workload Impact: This Rezoning will be implemented and supervised by staff as part of their normal worl: activities. Admin Recommend Approval as presented. Second. Reading: 4 ~ Januazy 24, 2011. Special Consider or Not Applicable. Requirements: t ;spectfuiiy submitted: ~-~~~'%° `~~.~--- -~°os~~h I~p Vade,~Village Administrator Prepared by: ~ ,~'w;.~~;G.-..~ ~...,.." r/_~. Teresa Hoffn7an L~ ton; Corporation Counsel Reviewed b ~~-'""` ~~ Y~ , Sohn D. Said, Conununity and Economic Develop Dir C~~I)~1~~1~CE 11-Q~ AN ORDINANCE REZONING A PORTION OF THE PROPERTY COMMONLY KNOWN AS NEW ENGLAND AVENUE, NAMELY TIIAT PART FROM EIG?iITY- FOUR (84'} FEET SOUTH OF CHURCI4ILL A~~ENUE SOUTH TO DE1I~IPSTER STREET FROM TI4E R-2 SINGLE FAMILI' RESIDENTIAL DISTRICT TO C-1 GENERAL COMMERCIAL DISTRICT WHEREAS, the Village of Morton Grove, located in Cook County, Illinais, is a Home Rule unit of government and under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, anal as such can exercise any power and perfoi-rn any function pertaining to its govenZment affairs, including but not 1a.mited to, the power to tax and incur debt; and WI-IER.EAS, Churchill Real Estate, LLC, c/o Thomas Sondag, 6900 W. Dempster, Morton Grove, Illinois, has made a proper application to the Plan Commission in the Village of Morton Grove under Case No. PC 10-04, requesting the property commonly known as that-part of New England Avenue from eig]Zty-four (84') feet south of Churchill Avenue south to Dempster Street, Morton Grove, Illinais be rezoned from the R-2 "Single Family Residential District" to the C-1 "General Commercial District"; and WI-IEREA S, the property is zoned and classified in the R-2 "Single Family Residential District" pursuant to the provisions of the Village of Morton Grove Unified Development Gode; and WHEREAS, the applicant would like to expand. their auto sales facility onto the subject property which. requires a C-1 "General Commercial District" zoning classification; and WHEREAS, new conditions and situations of general significance have occurred within the area, including an opportunity for expansion. of Gl commercial property along Dempster Street to support theVillage's sales tax base; and WHEREAS, the subject property meets the qualifications for a zoning amendment as set foi~lh in Section 12-16-4E.1 of the Village of Morton Grove Unified Development Code; and WFIEREAS, pursuant to the applicable provisions of the Village o, j Mortorti Grove Unified Development Code upon. public notice duly published in The Marton Grove Champion newspaper, anewspaper of general circulation in the Village of Morton Grove, which publication took place on December 2, 2010, and pursuant to the posting of a sib on the sulaject property and upon written notification sent to property owners within 250 feet of the subject property, the Morton Grove Plan Commission. held a public hearing relative to the above referenced case on December 20, 2010, at which time aI1 concen~ed parties were given the oppoz-tunity to be present and express their views for the consideration of the Plan Commission, and as a result of said hearing, the Plan Comz~niss-ion. made certain recommendations and conditions through a report dated December 22, 2010, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A"; and NOW, THEREFORE, BE IT ORDAINED BI' THE PRESIDENT AND BOARD OF TRUSTEES OF TI-IE VILLAGE OF MORTON GROVE, COOK COC3NTY, ILLI1ti~OIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby malting the findings as hereinabove set forth.. SECTION 2: The property commonly known as that part of the New England Avenue right-ol=way, from eighty-four (84') feet. south of Churchill Avenue south to Dempster Street, Morton Grove, Illinois is hereby rezoned from the R-2 "Single Family Residential District" of dre C-1 "General Commercial District", subject to the following condition: The applicant shall enter into an agreement with the Village for transfer of the subject property from Village ownership to applicant ownership. 2. Th.e applicant shall maintain all existing fire Ianes to allow access to all Fire Department connections. The applicant shall also maintain access to existing fire hydrants on the subject property, subject to Fire Depart~llent approval. SECTION 3: In the event the rezoned praperty ceases to be used for commercial purposes as an auto sales facility for a. period of one year or longer, Corporate Authorities believe it is in th.e best h7terest of the Village that the zoning of this property be reconsidered, At such time the Corporate Authorities may choose all options available to it by law, including extending the current zoning or causing the zoz~ag to revert to the R-2 Single Family Residential District, all pursuant to the Unified Development Code, or such other applicable ordinance, rule, or regulation. then in place. SECTION ~: The Village Clerk is hereby authorized and directed to amend all pertinent records of tl~e Village of IVlorton Grove to show and designate the rezoning granted hereunder. SECTION 5: This Ordinance sha11 be in full. force anal effect from anal after its passage and approval. PASSED this 24`}' day of ianuary 2011. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 24`x' day of January 201.1.. Daniel J. Staackmann, Village President Village of Morton Grove Cools County, Illinois APPROVED anal FILED in my office this 25`x' day of ,Tanuary2011. Tony S. I:alogeralcos, Village Clerk Village of-Morton Grove Cook County, Illinois I~~~~~~~~~. Ordinance 11 - OZ GRANTING A VACATION OF PART OF NEVJ ENGLAND? AVENUE AND ADJACENT ALLEYS Ili TIIE VILLAGE OF' MOR'F®N GLOVE, rtroduced: Januaay t0, 201I anopsis: ~ This ordinance will approve a plat of vacation for most of New England Ave. and adjacent alleys situated. within or adjacent to Castle Honda, 6900 Dempster Street and 833 Waukegan Road, Morton Grove, Illinois. Purpose: Vacation of Village right. of ways is only allowable in the Village's Municipal Code by a plat of vacation. I3aeI{ground: ~ Churchill Real Estate, LLC elo Thomas Sondag (Castle Honda), 6900 Dempster Street, Morton Grove, Illinois, made an application for vacation (along with rezoning) of that portion of New England Avenue and the adjacent alleys within or adjacent to their property. The Village has been working with Castle on this concept for an extended period, as New England Avenue is not required to be maintained within the Village's street network, and because Castle has indicated their interest in expanding their site for additional parlcinglstorage of new car inventory. Utility easements will be maintained over the previous right-of way areas where needed for utilities, including existing Village-water and sewer Imes. In accordance with the provisions of the iVlorton Grove Unified Development Code, a public hearing was conducted on December 20, 2010. Staff indicated the applicant addressed convnents and concerns from Public Works, Engineering, Fire Building Department, Community Development, and the Police Department. A Depa1-tment , condition of approval is included to require the applicant to enter into an agreement with the Village to transfer the property fi°om Village ownership to the applicant's ownership. The applicant had also presented its proposal and responded satisfactorily to the Traffic Safety Commission; Appearance Commission review was not required as this project does not include any new or altered building. Following the hearing, the Plan Commission and Village staff unanimously recommends the plat of vacation be approved subject to certain conditions which are set. forth in the ordinance. programs, Depts Building and I~zspeetional Services; Community and Economic Development; and Legal or Groulas Affected Fiscal Impact: The applicant's use of the vacated area will generate additional sales and property taxes, which cannot be estinsated at this time. It will also reduce Village costs for road maintenance. Source of ponds: Not Applicable. `Vi~orkload Impact: The Plat of Vacation will be implemented and supervised by staff as part of their normal work activities. Adrnin Recommend Approval as presented. Second Reading: ~ Tanuary 2A, 2(?I 1. Special Consider or ~ Not Applicable. Requirements: >speetfully submitted: _ Taos ~~.._~ Prepared by: ~"- ~'` Teresa Hoffm~ ,,- Village Administrator Corporation Counsel Reviewed. by: :..~ i ~--°~_~.-s°~..r _ Tohn D. Said, Community and Economic Develol3 Dir Ir~~.~~~ 1 ~-oz APPROVING VACATIOiV OF A STREET Ai~1D ALLEI'S ADJACENT TO THE PROPERTIES ~OlVI1VIONL~' K_NO~?N AS 6900 DEMPSTER STREET, 8801, AND 8833 WAEJKEGAN ROAD FROM S~LTTIJ OF CHURCI-TILL AVENUE AND li'®RTI-I OF DEMPSTER STREET WHEREAS, the Village of Morton. Grove, located in Coolc County, Illinois, is a dome Rule unit of government and under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, and. as such can exercise any power anal perform any function pertaining to its government affairs, including but not limited to, the power to tax and incur debt; anal WHEREAS, pursuant to applicable law, t:he Village Board of the Village of Morton Grove has the power and authority to vacate streets and. alleys or portions thereof within the jurisdiction of the Village; and WHEREAS, on or about April 12, 2004; th.e Village Board adopted Ordinance 04-10 which established a procedure to be followed for the vacation of streets and. alleys; and WHEREAS, as part of PC 10-04, Churchill Real Estate, LLC, clo Thomas Sondag, made an application to vacate portions of the cun-ent public alley, which bisects its property located at E900 Dempster Street and ~8 ~3 Wa?i?zegan Road, and a portion of New England Avenue from eighty-four (84') feat south of the south edge of the Churchill Avenue right-of way south to the north edge of the Dempster Street right-of way; and WHEREAS, the applicant has requested these street and alley vacations i~1 order to expand its auto sales facility in the area of the proposed street and alley vacations; and WHEREAS, to date, the applicant has complied with its obligation pursuant to Ordinance 04-10; and WHEREAS, the information submitted by the applicant as part of its petition for vacation has been. verified by Village staff; and WHEREAS, pursuant to Village interests, the parcel is no longer necessary for public use and the public interest wi11 be served by the proposed vacation; and WHEREAS, as required by Ordinance 04-10, pursuant to a notice to all owners of record of property abutting on and within at least 150 feet of the parcel and pursuant to publication in The Mo~~tor~ Gro~~e Cha3npior~, a newspaper of general circulation within the Village of Marton Grove, said publication taking place on December 2, 2010, the Plan Commission held a public hearing relative to the application for a vacation of an alley at which tune all concerned parties were given the opportunity to be present and express their views for the consideration. of the Plan Commission, and as a result of said hearing the Plan C;omnzission made certain recommendations and certain. eondi.tions tl2rough a report dated December 22, 2010, a copy of which is attached hereto and made a part hereof and marked as Exhibit "B"; and WHEREAS, the applicant has tendered to the Village a proposed plat of vacation dated March 31, 2010, and signed October 22, 2010, a copy of which is attached hereto as Exhibit "C"; anal WHEREAS, public utility easements will be retained on the parcel; and ~rHEREAS, the Village's Board of Tnistees have determined the public interest will be served by vacating a portian of the street and. alley identified and legally described on Exhibit "C" attached hereto and made a part hereof; and WHEREAS, the pernzanent index numbers of the parcels} of property acquiring title to those portions of the street and alley to be vacated are as follows: 10-I~-321-054 10-18-321-036 10-18-321-047 10-18-321-050 10-18-321-04~ 10-18-.321-033 10-18-321-052 70-17-321-031 10-18-3 21-03 5 10-1.7-321-049 NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK: COUNTY, ILLINOIS, AS FOLLOWS, SECTION 1: The Corporate Authorities da hereby incor~~orate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as llereinabave set forth. SECTION 2: The application of Churchill Real Estate, LLC, c1o Thomas Sandag, for the vacation of certain portions of New England Avenue and an alley which bisects its property, located at 6900 Dempster Street and 8833 Waukegan Road, iVlor-ton Grove, Illinois 60053 and legally described in Exhibit "C" is Hereby. granted subject to the. following conditions: The applicant shall enter into an agreement with the Village for transfer of the subject property from Village ownership to applicant ownership. 2. The applicant shall maintain all existing fire lanes to allow access to all Fire Department connections. The applicant shall also maintain access to existing fiire hydrants on the subject property, subject to Fire Department approval SECTION 3: This Ordinance shall be in full force and effect fram and after its passage and approval. PASSED this 24r~' day of January 2011.. Trustee DiMaria Trustee Gomberg Trustee Crrear Trustee Marcus "I rustee Thi11 Trustee Toth APPROVED by the this 24t~, day of .January 2011. Daniel J. Staaekmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 25~~' day of January 2011. Tony S. Kalogerakos, Village Clerl~ Village of IVlorton Grove Cook County, Illinois !'~ ,.. , ~~a~n~n~ ~ammn~s~an ~_.~. ~c~: Village president and ward of ~`~-o~st~e~ Pram: Ranaid ~. Farkas, ~hairtnan, Planning Cat~rni [3ate: ~eoeanber ~.~, 210 r' ~~~'f,= [~~: Plan Catnmissian Case P~~t?-~}~, f~eciuest far Preiirninar~ and Final Plat of Vacatian far Part of ~levv EngEa~d !acre. and ad~a~ent aliens, and far Reaaning af'~evv England ~v+e. fram F~2 to ~~. Cammissian ~e~gaart Legal notice for this public hearing was published in the Morton Grove Champion newspaper on December 2, 2010. Public notice letters were sent to property owners within 250 feet of the subject property an December 3, 2010, Public notice signs were placed an the subject property on November 30, 201'0. The applicant, Churchill Real Estate LLC c/a Thomas Sondag requests approval of a Preliminary and Final Plat of Vacation for New England Ave. as well as adjacent alley areas west of New England Ave. The applicant also requests rezoning of the part of ~~1ew England Ave. to be vacated, from R2 Single Family Residence District to C1 General Commercial District. The specific locations to be vacated are: ® The New England Ave. right of way, extending north from Dempster Street to a fine about 84 feet south of the south edge of the Churchill Street right-of-way (between Lots 123 and 128); ® The east-west alley extending west from New England Ave. (behind Lots 142-147 facing Dempster) to the rear of Lots 148 and 149 facing Waukegan Raad; and The segment of the north-south alley between New England Ave. and Waukegan Raad, extending north fram the east-west alley to a fine about 120 feet south of the south edge of the Churchill Street right-of-way. .john D. Said, Director of Community Development and Village Planner, introduced the case an behalf of the Village. He reviewed the details of the request with the Commission, specifically the existing right-of-way, the adjacent sites, and the zoning classifications. Mr. Said indicated that the rezoning request is included because the status of zoning for New England Ave. is currently unclear, and with its change to private property, assignment of a zoning classification is appropriate. The new zoning ciassificatian (C1) will match existing zoning of the Castle Honda site. ~.ichard T. I'licl~izZ~er 1Vlunicip~I Ce~2tez- 6101 ~apulina Avg nue ~ 1`~o7~ton ~s-ove, Iliiz~oit, u0(?5 ;-?c)~' Te?: {x;47} 9b ~-4100 ~~~x: (~4~7) c~ 75-<<% ,i~ ~~',. ~~ __. The Commission questioned Mr. Said concerning the street, alleys and utilities. Mr. Said noted that most of area of the vacated alleys and the entire vacated street will remain as utility easements because utilities are present in these locations. He also noted that the Park District has been aware of this proposal; in fact, they removed their entrance to New England Ave. several months ago in anticipation of this change, and this has provided mare parking for the Park District. The Park District retains access through their own internal site driveways, which connect to Dempster Street at a signalized intersection (to the south), and to Churchill Ave. (to the north). Mr. Fritz Wilson, Attorney, and Mr. Thomas Sondag (Owner, Castle Honda) appeared an behalf of the applicant. Mr, Wilson provided an overview of the request, noting that Castle and the Vil{age have been working on this concept for a long time. He also noted that Castle and Morton Grove will be making a separate agreement for transfer of the praper-ty. Mr. Sondag testified that the Honda Corporation seeks to have its dealers maintain {arge land areas for adequate new car inventory. He identified a preferred minimum land size of 2.5 to 3.0 acres that is required by Honda Corporation, of which the applicant has not been in compliance. However, they would be in compliance if this case were approved. He further testified that he likes this location and prefers to keep his business there, 'and in the Village of Morton Grove, and that this change will assure that Honda will not require Castle to relocate elsewhere. In the future, Castle may wish to combine their buildings as the current 3-building layout is inefficient for their operations. Interested parties were then invited to speak and share their comments. No one in attendance spoke regarding this request. The Commission then reviewed the Standards for Amendments, which are listed in 12-16-4-1^-4 of the Unified Development Code. The Commission asked Staff about the Standard concerning public interest of this zoning change, rather than solely benefitting the applicant. Mr. Said responded that the proposed amendment cleans up and clarifies the Vil{age's zoning map, provides an opportunity far increased sales tax and property tax revenues, and reduces the need for public maintenance of this portion of New England Ave. The Commission was satisfied with these responses and proceeded to review the other Standards. The Commission also determined that there are no specific standards for plats of vacation in the Unified Development Code. The Commission concurred with, and based their rezoning decision an, the following Standards for Amendments findings. ~. Existing uses end zoning cEassi~icatians of the abutting property end within the ~eicinity of the subject ~rraperty. The proposed map amendment of New England Avenue results in a zoning classification that matches the adjacent Castle Honda property. Many other properties along both Dempster and Waukegan in this area are zoned C1. 2. ~uitabiiity ®~ the subaect property far uses permitted under existing and prapcrsed coning districts. While current zoning ofi the street is somewhat ambiguous, the new zoning classification corresponds to transfer of this property to the adjacent Castle Honda. Castle plans to use the vacated New England Ave, as part of its site with vehicle parking, which is a compatible commercial use for the property. ~. Trend of devefapment in the viciniity of ~uf~jeet prapert~. Development in the area of the subject property consists entirely of commercial and recreational uses, including retail stores, restaurants, the Park District's fitness center, and a gasoline station. . ~arropatibiiity of the pra~a~e use with purpase~ and ab,~ective~ at this Cade. The rezoned area will be added to the site of Castle Honda, which is a permitted commercial use in the C1. District (motor vehicle sales). ~. Campatifaifity with the purpase and af~jeetives ®f the ~fiffage's Comparehensi~e Pfart, and if' apprapriate, the 1Naukegan and f7erv~pster Street P~a~ter Carr'rdor Plans and the f_ehigh/Ferris Suf3area Pfan. The Pian status of New England right-of-way is not specit:ted in the Village's Comprehensive Plan. However, its addition to the adjacent commercial property furthers a Village goal of enhancing commercial areas far increased local commercial activity. . ~,da~tian of the Prafac~sed arr~endent anf~r it su~f1 adafatian is in the paf~fio interest and ~~~ S~f~f~ eeei if is a~:e~upe~.saimtr~ ii®t~r~~t. The proposed amendment clarifies the Village`s zoning map, provides an opportunity for increased safes tax and property tax revenues, and reduces the need for public maintenance of streets with the change of this public way to private property. Commissioner Shimanski moved, and Commissioner Dorgan seconded, to recommend approva4 of the plat of vacation and rezoning for this request. The motion carried: Yes 6; No 0; Absent 1 The voting: Chairman Farkas Aye Commissioner Bionz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Ramos Absent Commissioner Roepenacic Aye Commissioner Shimanski Aye The Plan Commission`s recommendation is subject to the following conditions: 1. The applicant shall enter into an agreement with the Village for transfer of the subject property from Village ownership to applicant ownership, 2. The applicant shall maintain ail existing fire Panes to allow access to all Fire Department connections. The applicant shall also maintain access to existing fire hydrants on the subject property, subject to Fire Department approval. 4