===== PDF PAGE 28 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO CITY COUNCIL AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEMNUMBER: __7/7. C. Resolution No. 24-R-0050 — Community Project Funding Agreement — U. S. Department of Housing and Urban FILE NUMBER: Development COMMITTEE AGENDA DATE: N/A COUNCIL AGENDA DATE: 6/17/2024 STAFF REVIEW: SIGNATURE APPROVED BY CITY ADMINISTRATOR: SIGNATURE ITEM SUMMARY: This Agreement is for the $2 million secured by Congressman Casten for our Community Park. STAFF RECOMMENDATION: Staff recommends approval of Resolution No. 24-R-0050. COMMITTEE RECOMMENDATION: This item did not go to Committee. ===== PDF PAGE 29 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 24-R-0050 A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A COMMUNITY PROJECT FUNDING AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the City Administrator is hereby authorized to execute a Community Project Funding Agreement for a grant for the Community Park with the U.S. Department of Housing and Urban Development, in substantially the form attached hereto and incorporated herein as Exhibit “A”. APPROVED this 17" day of June 2024 AYES: NAYES: ABSTAIN: ABSENT: Mayor, Ruben Pineda ATTEST: Executive Office Manager, Valeria Perez ===== PDF PAGE 30 ===== [Extraction: OCR (rendered-page OCR)] FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-IL-0533 Grantee Name: City of West Chicago Grantee Address: 800 Weyrauch St.,West Chicago, IL 60185 Grantee's Unique Entity Identifier (UEI): TEMPUEI00533 Grantee’s Employer Identification Number (EIN): TEMP00533 Federal Award Identification Number (FAIN): B-23-CP-IL-0533 Assistance Listing Number and Name: 14.251 Economic Development Initiative, Community Project Funding, and Miscellaneous Grants Period of Performance/Budget Period Start Date: 01/04/2023 Period of Performance/Budget Period End Date: 08/31/2031 This Grant Agreement between the Department of Housing and Urban Development (HUD) and City of West Chicago (the Grantee) is made pursuant to the authority of the Consolidated Appropriations Act, 2023 (Public Law 117-328) and the Explanatory Statement for Division L of that Act, which was printed in the Senate section of the Congressional Record on December 20, 2022 (Explanatory Statement). In reliance upon and in consideration of the mutual representations and obligations under this Grant Agreement, HUD and the Grantee agree as follows: ARTICLE I. Definitions The definitions at 2 CFR 200.1 apply to this Grant Agreement, except where this Grant Agreement specifically states otherwise. Budget period is defined in 2 CFR 200.1 and begins and ends on the dates specified above for the Period of Performance/Budget Period Start Date and Period of Performance/Budget Period End Date. Period of Performance is defined in 2 CFR 200.1 and begins and ends on the dates specified above for the Period of Performance/Budget Period Start Date and Period of Performance/Budget Period End Date. ARTICLE II. Total Grant Amount Subject to the provisions of the Grant Agreement, HUD will make grant funds in the amount of $2,000,000.00 available to the Grantee. ARTICLE III. Award-Specific Requirements A. Federal Award Description. The Grantee must use the Federal funds provided under this Grant Agreement (Grant Funds) to carry out the Grantee’s “Project.” Unless changed in accordance with Article III, section C of this Grant Agreement, the Grantee’s Project shall be as described in the Project Narrative that is approved by HUD as of the date that HUD signs this ===== PDF PAGE 31 ===== [Extraction: OCR (rendered-page OCR)] FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-IL-0533 Grant Agreement. For reference, HUD will attach this approved Project Narrative as Appendix 1 to the Grant Agreement on the date that HUD signs this Grant Agreement. B. Approved Budget. The Grantee must use the Grant Funds as provided by the Approved Budget. Unless changed in accordance with Article III, section C of this Grant Agreement, the Approved Budget shall be the line-item budget that is approved by HUD as of the date that HUD signs this Grant Agreement. For reference, HUD will attach this approved line-item budget as Appendix 2 to this Grant Agreement on the date that HUD signs this Grant Agreement. C. Project and Budget Changes. All changes to the Grantee’s Project or Approved Budget must be made in accordance with 2 CFR 200.308 and this Grant Agreement. To request HUD’s approval for a change in the Project or Approved Budget, the Grantee must submit a formal letter to the Director of HUD’s Office of Economic Development - Congressional Grants Division through the assigned Grant Officer. The letter must be submitted by email to the assigned Grant Officer and must provide justification for the change. The email submitting the letter must also include a revised project narrative or revised line-item budget, as applicable, that includes the requested change. The Grantee is prohibited from making project or budget changes that would conflict with the Applicable Appropriations Act Conditions described in Article III, section D of this Grant Agreement. The assigned Grant Officer for this grant is provided in the Award Letter for this grant and found on HUD’s website. The HUD Office of Economic Development — Congressional Grants Division will notify the Grantee in writing, by email, whether HUD approves or disapproves the change. Before the Grantee expends Grant Funds in accordance with any change approved by HUD or otherwise allowed by 2 CFR 200.308, the Grantee must update its grant information in Disaster Recovery Grant Reporting (DRGR) to reflect that change. D. Applicable Appropriations Act Conditions. The conditions that apply to the Grant Funds as provided by the Consolidated Appropriations Act, 2023 and the Explanatory Statement are hereby incorporated and made part of this Grant Agreement. In the event of a conflict between those conditions, the conditions provided by the Act will govern. The Grant Funds are not subject to the Community Development Block Grants regulations at 24 CFR part 570 or Title I of the Housing and Community Development Act of 1974. E. In accordance with 2 CFR 200.307(b), costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the grant. As authorized under 2 CFR 200.307(e)(2), program income may be treated as an addition to the Federal award, provided that the Grantee uses that income for allowable costs under this Grant Agreement. In accordance with 2 CFR 200.307(b), costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the grant. Any program income that cannot be expended on allowable costs under this Grant Agreement must be paid to HUD before closeout of the grant, unless otherwise specified by an applicable Federal statute. F. The Grantee must use the Grant Funds only for costs (including indirect costs) that meet the applicable requirements in 2 CFR part 200 (including appendices). The Grantee’s ===== PDF PAGE 32 ===== [Extraction: OCR (rendered-page OCR)] FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-IL-0533 indirect cost rate information is as provided in Appendix 3 to this Grant Agreement. Unless the Grantee is an Institution of Higher Education, the Grantee must immediately notify HUD upon any change in the Grantee’s indirect cost rate during the Period of Performance, so that HUD can amend the Grant Agreement to reflect the change if necessary. Consistent with 2 CFR Part 200, Appendix III (C.7), if the Grantee is an Institution of Higher Education and has a negotiated rate in effect on the date this Grant Agreement is signed by HUD, the Grantee may use only that rate for its indirect costs during the Period of Performance. G. The Grantee must comply with any specific award conditions that HUD may attach to this Grant Agreement as provided by 2 CFR 200.208. If applicable, these conditions will be listed or added as Appendix 5 to this Grant Agreement. H. The Grantee is responsible for managing the Project and ensuring the proper use of the Grant Funds. The Grantee is also responsible for ensuring the completion of the Project, the grant closeout, and compliance with all applicable federal requirements. The Grantee may subaward all or a portion of its funds to one or more subrecipients, as identified in the Project Narrative (Appendix 1) or as may be approved by HUD in accordance with 2 CFR 200.308. All subawards made with funding under this Grant Agreement are subject to the subaward requirements under 2 CFR Part 200, including 2 CFR 200.332, and other requirements provided by this Grant Agreement. The Grantee is responsible for ensuring each subrecipient complies with all requirements under this Grant Agreement, including the general federal requirements in Article IV. A subaward may be made to a for-profit entity only if HUD expressly approves that subaward and the for-profit entity is made subject to the same Federal requirements that apply to all other subrecipients, including the requirements 2 CFR part 200 provides for a “non-Federal entity” that receives a subaward. ARTICLE IV. General Federal Requirements A. If the Grantee is a unit of general local government, a State, an Indian Tribe, or an Alaskan Native Village, the Grantee is the Responsible Entity (as defined in 24 CFR part 58) and agrees to assume all of the responsibilities for environmental review and decision-making and action, as specified and required in regulations issued by the Secretary pursuant to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 and published in 24 CFR Part 58. B. If the Grantee is a housing authority, redevelopment agency, academic institution, hospital or other non-profit organization, the Grantee shall request the unit of general local government, Indian Tribe or Alaskan Native Village, within which the Project is located and which exercises land use responsibility, to act as Responsible Entity and assume all of the responsibilities for environmental review and decision-making and action as specified in paragraph A above, and the Grantee shall carry out all of the responsibilities of a grantee under 24 CFR Part 58. C. After December 29, 2022, neither the Grantee nor any of its contractors, subrecipients and other funding and development partners may undertake, or commit or expend Grant Funds or local funds for, project activities (other than for planning, management, development and ===== PDF PAGE 33 ===== [Extraction: OCR (rendered-page OCR)] FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-IL-0533 administration activities), unless a contract requiring those activities was already executed on or before December 29, 2022, until one of the following occurs: (i) the Responsible Entity has completed the environmental review procedures required by 24 CFR part 58, and HUD has approved the environmental certification and given a release of funds; (ii) the Responsible Entity has determined and documented in its environmental review record that the activities are exempt under 24 CFR 58.34 or are categorically excluded and not subject to compliance with environmental laws under 24 CFR 58.35(b); or (iii) HUD has performed an environmental review under 24 CFR part 50 and has notified Grantee in writing of environmental approval of the activities. D. Following completion of the environmental review process, the Grantee (recipient) shall exercise oversight, monitoring, and enforcement as necessary to assure that decisions and mitigation measures adopted through the environmental review process are carried out during project development and implementation. E. The Grantee must comply with the generally applicable HUD and CPD requirements in 24 CFR Part 5, subpart A, including all applicable fair housing, and civil rights requirements. If the Grantee is a Tribe or a Tribally Designated Housing Entity (TDHE) as established under 24 CFR 1000.206, the Grantee must comply with the nondiscrimination requirements in 24 CFR 1000.12 in lieu of the nondiscrimination requirements in 24 CFR 5.105(a). The Grantee must report data on the race, color, religion, sex, national origin, age, disability, and family characteristics of persons and households who are applicants for, participants in, or beneficiaries or potential beneficiaries of the Grantee’s Project, consistent with the instructions and forms provided by HUD in order to carry out its responsibilities under the Fair Housing Act, Executive Order 11063, Title VI of the Civil Rights Act of 1964, and Section 562 of the Housing and Community Development Act of 1987 (e.g. HUD-27061). F. The Grantee must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 CFR part 200, as may be amended from time to time. If 2 CER part 200 is amended to replace or renumber sections of part 200 that are cited specifically in this Grant Agreement, the part 200 requirements as renumbered or replaced by the amendments will govern the obligations of HUD and the Grantee after those amendments become effective. G. The Grantee must comply with the Award Term in Appendix A to 2 CFR Part 25 (“System for Award Management and Universal Identifier Requirements”) and the Award Term in Appendix A to 2 CFR Part 170 (“Reporting Subawards and Executive Compensation”), which are hereby incorporated into and made part of this Grant Agreement. H. If the Total Grant Amount, as provided in Article II of this Grant Agreement, is greater than $500,000, the Grantee must comply with the Award Term and Condition for Grantee Integrity and Performance Matters in Appendix 4 to this Grant Agreement. I. Unless the Grantee is exempt from the Byrd Amendment as explained below, the Grantee must comply with the provisions of Section 319 of Public Law 101-121, 31 U.S.C. 1352, (the Byrd Amendment) and 24 CFR Part 87, which prohibit recipients of Federal contracts, ===== PDF PAGE 34 ===== [Extraction: OCR (rendered-page OCR)] FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-IL-0533 grants, or loans from using appropriated funds for lobbying the executive or legislative branches of the Federal Government in connection with a specific contract, grant, loan, or cooperative agreement. The Grantee must include in its award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements), the requirements for the certification required by Appendix A to 24 CFR Part 87 and for disclosure using Standard Form- LLL (SF-LLL), “Disclosure of Lobbying Activities.” In addition, the Grantee must obtain the executed certification required by Appendix A and an SF-LLL from all covered persons. “Person” is as defined by 24 CFR Part 87. Federally recognized Indian tribes and TDHEs established by Federally recognized Indian tribes as a result of the exercise of the tribe’s sovereign power are excluded from coverage of the Byrd Amendment. State-recognized Indian tribes and TDHEs established only under state law must comply with this requirement. J. The Grantee must comply with drug-free workplace requirements in Subpart B of 2 CFR Part 2429, which adopts the governmentwide implementation (2 CFR Part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988, Pub. L. 100-690, Title V, Subtitle D (41 U.S.C. 701-707). K. The Grantee must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) as implemented by regulations at 49 CFR Part 24. The URA applies to acquisitions of real property and relocation occurring as a direct result of the acquisition, rehabilitation, or demolition of real property for Federal or Federally funded programs or projects. Real property acquisition that receives Federal financial assistance for a program or project, as defined in 49 CFR 24.2, must comply with the acquisition requirements contained in 49 CFR part 24, subpart B. Unless otherwise specified in law, the relocation requirements of the URA and its implementing regulations at 49 CFR part 24, cover any displaced person who moves from real property or moves personal property from real property as a direct result of acquisition, rehabilitation, or demolition for a program or project receiving HUD financial assistance L. If Grant Funds are used for purchase, lease, support services, operation, or work that may disturb painted surfaces, of pre-1978 housing, you must comply with the lead-based paint evaluation and hazard reduction requirements of HUD's lead- based paint rules (Lead Disclosure; and Lead Safe Housing (24 CFR part 35)), and EPA's lead- based paint rules (e.g., Repair, Renovation and Painting; Pre-Renovation Education; and Lead Training and Certification (40 CER part 745)). M. The Grantee must comply with Section 3 of the Housing and Urban Development Act of 1968 (Section 3), 12 U.S.C. 1701u, and HUD’s regulations at 24 CFR part 75, as applicable, including the reporting requirements in 24 CFR 75.25. Grants made to Tribes and TDHEs are subject to Indian Preference requirements in Section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5307(b)). As stated in 24 CFR 75.3(c), grants to Tribes and TDHEs are subject to Indian Preference requirements in lieu of Section 3. Grantees that are not exempt from Section 3 must submit annual reports of Section 3 accomplishment Performance Measures in DRGR in January of the calendar year. This report reflects Section 3 accomplishments for the previous calendar year. ===== PDF PAGE 35 ===== [Extraction: OCR (rendered-page OCR)] FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-IL-0533 N. The Grantee must not use any Grant Funds to support any Federal, state, or local project that seeks to use the power of eminent domain, unless eminent domain is employed only for a public use. Public use includes use of funds for mass transit, railroad, airport, seaport, or highway projects, and utility projects which benefit or serve the general public (including energy-related, communication-related, water-related, and waste water-related infrastructure), other structures designated for use by the general public or with other common-carrier or public- utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfields, as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Pub. L. 107-118). Public use does not include economic development that primarily benefits private entities. O. The Grantee must not use any Grant Funds to maintain or establish a computer network that does not block the viewing, downloading, and exchanging of pornography. This requirement does not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. P. The Grantee must administer its Grant Funds in accordance with the Conflict of Interest requirements set forth in Appendix 6 of this Grant Agreement. Q. The Grantee must comply with the governmentwide debarment and suspension requirements in 2 CFR part 180 as incorporated and supplemented by HUD’s regulations at 2 CFR part 2424. R. The Grantee must comply with the award term and condition regarding trafficking in persons in Appendix 7 of this Grant Agreement. S. The assurances and certifications the Grantee has made and submitted to HUD are incorporated by this reference and made part of this Grant Agreement. ARTICLE V. Drawdown Requirements A. The Grantee may not draw down Grant Funds until HUD has received and approved any certifications and disclosures required by 24 CFR 87.100 concerning lobbying, if applicable. B. The Grantee must use HUD’s Disaster Recovery Grant Reporting (DRGR) system to draw down Grant Funds and report to HUD on activities. C. The Grantee must enter activity and budget information in DRGR that is consistent with the Grantee’s Project and Approved Budget as described in Article III, sections A and B of this Grant Agreement and complies with HUD’s instructions for entering information in DRGR found in the document titled “Grant Award Instructions” that accompanies the Grant Agreement. D. The Grantee must only enter activities in DRGR that are described in the Approved Budget. ===== PDF PAGE 36 ===== [Extraction: OCR (rendered-page OCR)] FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-IL-0533 E. The Grantee must expend all Grant Funds in accordance with the activity and budget information in DRGR. F. Each drawdown of Grant Funds constitutes a representation by the Grantee that the funds will be used in accordance with this Grant Agreement. G. The Grantee must use DRGR to track the use of program income and must report the receipt and use of program income in the reports the Grantee submits to HUD under Article VI of this Grant Agreement. The Grantee must expend program income before drawing down Grant Funds through DRGR. H. Notwithstanding any other provision of this grant agreement, HUD will not be responsible for payment of any Grant Funds after the date Treasury closes the account in accordance with 31 U.S.C. § 1552. Because Treasury may close the account up to one week before the September 30 date specified by 31 U.S.C. § 1552, the Grantee is advised to make its final request for payment under the grant no later than September 15, 2031. ARTICLE VI. Program-Specific Reporting Requirements In addition to the general reporting requirements that apply under other provisions of this Agreement, the following program-specific reporting requirements apply to the Grantee: A. The Grantee must submit a performance report in DRGR on a semi-annual basis and must include a completed Federal financial report as an attachment to each performance report in DRGR. Performance reports shall consist of a narrative of work accomplished during the reporting period. During the Period of Performance, the Grantee must submit these reports in DRGR no later than 30 calendar days after the end of the 6-month reporting period. The first of these reporting periods begins on the first of January or June (whichever occurs first) after the date this Grant Agreement is signed by HUD. B. The performance report must contain the information required for reporting program performance under 2 CFR 200.329(c)(2) and (d), including a comparison of actual accomplishments to the objectives of the Project as described in Article III, section A of this Grant Agreement, the reasons why established goals were not met, if appropriate, and additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. C. Financial reports must be submitted using DRGR or such future collections HUD may require and as approved by OMB and listed on the Grants.gov website (https://www.grants.gov/web/grants/forms/post-award-reporting-forms.html). D. The performance and financial reports will undergo review and approval by HUD. If a report submission is insufficient, HUD will reject the report in DRGR and identify the corrections the Grantee must make. ===== PDF PAGE 37 ===== [Extraction: OCR (rendered-page OCR)] FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-IL-0533 E. No drawdown of funds will be allowed through DRGR while the Grantee has an overdue performance or financial report. F. The Grantee must report and account for all property acquired or improved with Grant Funds as provided by 2 CFR part 200 using the applicable common forms approved by OMB and provided on the Grants.gov website (https://www.grants.gov/web/grants/forms/post-award- reporting-forms.html). This reporting obligation includes submitting status reports on real property at least annually as provided by 2 CFR 200.330, accounting for real and personal property acquired or improved with Grant Funds as part of Project Closeout, and promptly submitting requests for disposition instructions as provided by 2 CFR 200.311(c), 200.313(e), and 200.314(a). ARTICLE VII. Project Closeout A. The grant will be closed out in accordance with 2 CFR part 200, as may be amended from time to time, except as otherwise specified in this Grant Agreement. B. The Grantee must submit to HUD a written request to closeout the grant no later than 30 calendar days after the Grantee has drawn down all Grant Funds and completed the Project as described in Article III, section A of this Grant Agreement. HUD will then send the Closeout Agreement and Closeout Certification to the Grantee. C. At HUD's option, the Grantee may delay initiation of project closeout until the resolution of any findings as a result of the review of semi-annual activity reports in DRGR. If HUD exercises this option, the Grantee must promptly resolve the findings. D. The Grantee recognizes that the closeout process may entail a review by HUD to determine compliance with the Grant Agreement by the Grantee and all participating parties. The Grantee agrees to cooperate with any HUD review, including reasonable requests for on-site inspection of property acquired or improved with Grant Funds. E. No later than 120 calendar days after the Period of Performance, Grantees shall provide to HUD the following documentation: i A Certification of Project Completion. Ds A Grant Closeout Agreement. 3. A final financial report giving the amount and types of project costs charged to the grant (that meet the allowability and allocability requirements of 2 CFR part 200, subpart E); a certification of the costs; and the amounts and sources of other project funds. 4. A final performance report providing a comparison of actual ===== PDF PAGE 38 ===== [Extraction: OCR (rendered-page OCR)] FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-IL-0533 accomplishments with the objectives of the Project, the reasons for slippage if established objectives were not met and additional pertinent information including explanation of significant cost overruns. 5. A final property report, if specifically requested by HUD at the time of closeout. ARTICLE VIII. Default A default under this Grant Agreement shall consist of any use of Grant Funds for a purpose other than as authorized by this Grant Agreement, any noncompliance with statutory, regulatory, or other requirements applicable to the Grant Funds, any other material breach of this Grant Agreement, or any material misrepresentation in the Grantee’s submissions to HUD in anticipation of this award. If the Grantee fails to comply with the terms and conditions of the Grant Agreement, HUD may adjust specific conditions of this Grant Agreement as described in 2 CFR part 200, as may be amended from time to time. If HUD determines that noncompliance cannot be remedied by imposing additional conditions, HUD may take one or more of the remedies for noncompliance described in 2 CFR part 200, as may be amended from time to time. HUD may also terminate all or a part of this award as provided by 2 CFR 200.340 and other applicable provisions of 2 CFR part 200, as may be amended from time to time. Nothing in this Grant Agreement shall be construed as creating or justifying any claim against the Federal government or the Grantee by any third party. ===== PDF PAGE 39 ===== [Extraction: OCR (rendered-page OCR)] FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-IL-0533 ARTICLE IX. HUD Contact Information Except where this Grant Agreement specifically states otherwise, all requests, submissions, and reports that the Grantee is required to make to HUD under this Grant Agreement must be made in accordance with the instructions found in the document titled “FY 2023 Economic Development Initiative Community Project Funding Grant Guide” that accompanies the Grant Agreement. This agreement is hereby executed on behalf of the Grantee and HUD as follows: GRANTEE City of West Chicago (Name of Organization) BY: _ _ (Signature of Authorized Official) (Typed Name and Title of Authorized Official) (Date) HUD BY: Nadab Bynum, Acting Deputy Assistant Secretary for Economic Development (Date) 10 ===== PDF PAGE 40 ===== [Extraction: OCR (rendered-page OCR)] FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-IL-0533 APPENDIX 1 — Project Narrative The approved narrative has been appended to the end of the grant agreement. 11 ===== PDF PAGE 41 ===== [Extraction: OCR (rendered-page OCR)] FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-IL-0533 APPENDIX 2 — Approved Budget The approved budget has been appended to the end of the grant agreement. 12 ===== PDF PAGE 42 ===== [Extraction: OCR (rendered-page OCR)] FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-IL-0533 APPENDIX 3 — Grantee’s Indirect Cost Rate Information Subject to the applicable requirements in 2 CFR part 200 (including its appendices), the Grantee will use an indirect cost rate as represented by the Grantee below: The Grantee will not use an indirect cost rate to charge its indirect costs to the grant. The Grantee will use the indirect cost rate(s) identified in the table below to charge its indirect costs to the grant. Agency/Dept./Major Function Indirect cost rate Direct Cost Base [PLEASE NOTE: The grantee must check one of the two boxes above. If the second box is checked, the corresponding table must be filled out as described below. The table must include each indirect cost rate that will be used to calculate the Grantee’s indirect costs under the grant. The table must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR 200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR 200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Allocation Base Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied.] 13 ===== PDF PAGE 43 ===== [Extraction: OCR (rendered-page OCR)] FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-IL-0533 APPENDIX 4- Award Term and Condition for Grantee Integrity and Performance Matters Reporting of Matters Related to Grantee Integrity and Performance 1, General Reporting Requirement If the total value of the Grantee’s currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then during that period of time the Grantee must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. 2. Proceedings About Which Grantee Must Report During any period of time when the Grantee is subject to the requirement in paragraph 1 of this award term and condition, the Grantee must submit the information required about each proceeding that: a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; b. Reached its final disposition during the most recent five-year period; and c. Is one of the following: (1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and the Grantee’s payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (4) Any other criminal, civil, or administrative proceeding if: (i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition; 14 ===== PDF PAGE 44 ===== [Extraction: OCR (rendered-page OCR)] FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-IL-0533 (ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on the Grantee’s part; and (iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. 3. Reporting Procedures During any period of time when the Grantee is subject to the requirement in paragraph 1 of this award term and condition, the Grantee must enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. The Grantee does not need to submit the information a second time under assistance awards that the Grantee received if the Grantee already provided the information through SAM because the Grantee was required to do so under Federal procurement contracts that the Grantee was awarded. 4. Reporting Frequency During any period of time when the Grantee is subject to the requirement in paragraph 1 of this award term and condition, the Grantee must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding(s) that the Grantee has not reported previously or affirm that there is no new information to report. If the Grantee has Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000, the Grantee must disclose semiannually any information about the criminal, civil, and administrative proceedings. 5. Definitions For purposes of this award term and condition: a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes— (1) Only the Federal share of the funding under any Federal award with a cost share or match requirement; and (2) The value of all expected funding increments under a Federal award and options, even if not yet exercised. 15 ===== PDF PAGE 45 ===== [Extraction: OCR (rendered-page OCR)] APPENDIX 5 — Specific Award Conditions NONE. FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-IL-0533 16 ===== PDF PAGE 46 ===== [Extraction: OCR (rendered-page OCR)] FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-IL-0533 APPENDIX 6 - Conflict of Interest Requirements 1. Conflicts Subject to Procurement Regulations. When procuring property or services, the grantee and its subrecipients shall comply with the applicable conflict-of-interest rules in 2 CFR 200.317 and 2 CFR 200.318(c). In all cases not governed by 2 CFR 200.317 and 2 CFR 200.318(c), the Grantee and its subrecipients must follow the requirements contained in paragraphs 2-5 below. 2. General prohibition. No person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee or subrecipient and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have a financial interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has immediate family or business ties, during his or her tenure or for one year thereafter. Immediate family ties include (whether by blood, marriage or adoption) the spouse, parent (including a stepparent), child (including a stepchild), sibling (including a stepsibling), grandparent, grandchild, and in-laws of a covered person. 3. Exceptions. HUD may grant an exception to the general prohibition in paragraph (ii) upon the Grantee’s written request and satisfaction of the threshold requirements in paragraph (iv), if HUD determines the exception will further the Federal purpose of the award and the effective and efficient administration of the Grantee’s Project, taking into account the cumulative effects of the factors in paragraph (v). 4. Threshold requirements for exceptions. HUD will consider an exception only after the Grantee has provided the following documentation: a. A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how that disclosure was made; and b. An opinion of the Grantee's attorney that the interest for which the exception is sought would not violate state or local law. 5. Factors to be considered for exceptions. In determining whether to grant a requested exception after the Grantee has satisfactorily met the threshold requirements in paragraph (iii), HUD will consider the cumulative effect of the following factors, where applicable: a. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project that would otherwise not be available; b. Whether an opportunity was provided for open competitive bidding or negotiation; c. Whether the person affected is a member of a group or class of low- or moderate- income persons intended to be the beneficiaries of the assisted activity, and the exception 17 ===== PDF PAGE 47 ===== [Extraction: OCR (rendered-page OCR)] FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-IL-0533 will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; d. Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision-making process regarding the assisted activity in question; e. Whether the interest or benefit was present before the affected person was in a position as described in paragraph (ii); f. Whether undue hardship will result either to the Grantee or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and g. Any other relevant considerations. 6. Disclosure of potential conflicts of interest. The Grantee must disclose in writing to HUD any potential conflict of interest. 18 ===== PDF PAGE 48 ===== [Extraction: OCR (rendered-page OCR)] FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-IL-0533 APPENDIX 7 — Award Term and Condition Regarding Trafficking in Persons The following award term and condition, which is required by 2 CFR part 175, applies as written: a. Provisions applicable to a grantee that is a private entity. 1.You as the grantee, your employees, subrecipients under this award, and subrecipients' employees may not— i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. 2.We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity: i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either— A. Associated with performance under this award; or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by HUD at 2 CFR 2424. b. Provision applicable to a grantee other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity— 1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either: 19 ===== PDF PAGE 49 ===== [Extraction: OCR (rendered-page OCR)] FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-IL-0533 i. Associated with performance under this award; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by HUD at 2 CFR 2424. c. Provisions applicable to any grantee. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. d. Definitions. For purposes of this award term: 1.“Employee” means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. 2. “Forced labor” means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 20 ===== PDF PAGE 50 ===== [Extraction: OCR (rendered-page OCR)] FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-IL-0533 3. “Private entity”: i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). B. A for-profit organization. 4. “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). 21 ===== PDF PAGE 51 ===== [Extraction: OCR (rendered-page OCR)] NARRATIVE FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-IL-0533 22 ===== PDF PAGE 52 ===== [Extraction: OCR (rendered-page OCR)] FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-IL-0533 APPROVED BUDGET SF424 —- ESTIMATED FUNDING | Funding Name : Amount O_VALUE O_VALUE CPF —- ESTIMATED FUNDING Funding Source Estimated Fundin: O_VALUE O_VALUE 23 ===== PDF PAGE 53 ===== [Extraction: OCR (rendered-page OCR)] Assistance U.S. Department of Housing Award/Amendment and Urban Development Office of Administration 1. Assistance Instrument 2. Type of Action [| Cooperative Agreement [x] Grant [x] Award [] Amendment 3. Instrument Number 4. Amendment Number 5. Effective Date of this Action 6. Control Number B-23-CP-IL-0533 01/04/2023 7. Name and Address of Recipient 8. HUD Administering Office City of West Chicago CPD, Congressional Grants Division 451 7th Street, 800 Weyrauch St., SW, Rim 7146 . Washington, DC 20410-7000 West Chicago, IL 60185 EIN: TEMP00533 8a. Name of Administrator 8b. Telephone Number UEI: TEMPUEI00533 10. Recipient Project Manager 9. HUD Government Technical Representative Paul Guidy 11. Assistance Arrangement 12. Payment Method [13. HUD Payment Office |_| Cost Reimbursement [__| Treasury Check Reimbursement |Chief Financial Officer | Cost Sharing [| Advance Check [X] Fixed Price | X | Automated Clearinghouse 14. Assistance Amount 15. HUD Accounting and Appropriation Data 15b. Reservation Number EDE 23 Previous HUD Amount eee HUD Amount this Action $2,000,000.00 ‘Total HUD Amount 16. Description Kerr-McGee Superfund Remediation Instructions: NO PROJECT FUNDS may be committed to the project or drawn down prior to environmental release of funds approval. Locate your nearest HUD Regional Environmental Officer at https://www.hudexchange.info/programs/environmental-review/hud-environmenta Disclaimer: The information on this form is to be used only for purposes of recordkeeping and facilitating communication between the Recipient identified in box 7 above (which is also referred to as the "Grantee") and the U.S. Department of Housing and Urban Development ("HUD") in relation to the award identified above ("this award"). This document does NOT constitute the grant agreement for this award. The terms and conditions for this award are as specified in the Grant Agreement signed by HUD and the Grantee 17. — ae . ; . 18. [| Recipient is required to sign and return three (3) copies of X | Recipient is not required to sign this document. this document to the HUD Administering Office. — 19. Recipient (By Name): 20. HUD (By Name): Previous Editions are Obsolete form HUD-1044 (8/90) Ref. Handbook 2210.17 ===== PDF PAGE 54 ===== [Extraction: OCR (rendered-page OCR)] DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352 Approved by OMB 0348-0046 1. * Type of Federal Action: a. contract X} b. grant 2. * Status of Federal Action: O x 3. * Report Type: X| a. initial filing a. bid/offer/application b. initial award c. post-award b. material change c. cooperative agreement d. loan e. loan guarantee f. loan insurance 4. Name and Address of Reporting Entity: X| Prime SubAwardee * Name City of West Chicago “Sweet? 1800 Weyrauch St. * City West Chicago Congressional District, if known: [iL-06 5. If Reporting Entity in No.4 is Subawardee, Enter Nan 6. * Federal Department/Agency: 7. * Federal Program Name/Description: Economic Development Initiative, Community Project Funding, and Miscellaneous Grants CFDA Number, if applicable: |14.251 9. Award Amount, if known: Department of Housing and Urban Development 8. Federal Action Number, if known: [B-28-cP-t-o533 $ [$2,000,000.00 10. a. Name and Address of Lobbying Registrant: Prefix * First Name Middle Name * Last Name Po * Street 1 Street 2 * City State b. Individual Performing Services (including address if different from No. 10a) Prefix * First Name Middle Name * Last Name Suffix * Street 1 Street 2 *City State Z| 11. !nformation requested through this form is authorized title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when the transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. * Signature: { *Name: Prefix * First Name Middle Name * Last Name Suffix Title: Telephone No.: Date: Authorized for Local Reproduction Federal Use Only: Standard Form - LLL Rev. 737 ===== PDF PAGE 55 ===== [Extraction: OCR (rendered-page OCR)] OMB Number: 4040-0004 Expiration Date: 11/30/2025 Application for Federal Assistance SF-424 * 1. Type of Submission: * 2. Type of Application: * If Revision, select appropriate letter(s): Preapplication X New X Application Continuation * Other (Specify): Changed/Corrected Application Revision * 3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: 5b. Federal Award Identifier: B-23-CP-IL-0533 State Use Only: 6. Date Received by State: : 7. State Application Identifier: 8. APPLICANT INFORMATION: *a.LegalName: City of West Chicago * b. Employer/Taxpayer Identification Number (EIN/TIN): * c, Organizational UEI: TEMP00533 TEMPUEI00533 * Street1: 800 Weyrauch St. Street2: * City: West Chicago County/Parish: * State: Province: * Country: USA: UNITED STATES * Zip / Postal Code: 60185 e. Organizational Unit: Department Name: Division Name: f. Name and contact information of person to be contacted on matters involving this application: * First Name: Organizational Affiliation: Telephone Number: Fax Number: ===== PDF PAGE 56 ===== [Extraction: OCR (rendered-page OCR)] Application for Federal Assistance SF-424 * 9. Type of Applicant 1: Select Applicant Type: Local Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: * Other (specify): * 10. Name of Federal Agency: US Department of Housing & Urban Development 11. Catalog of Federal Domestic Assistance Number: 14.251 CFDA Title: Economic Development Initiative, Community Project Funding, and Miscellaneous Grants * 12. Funding Opportunity Number: FY2023 * Title: CPF 13. Competition Identification Number: 14. Areas Affected by Project (Cities, Counties, States, etc.): * 15. Descriptive Title of Applicant's Project: PROJECT_DESCRIPTION_NO_VALUE Attach supporting documents as specified in agency instructions. ===== PDF PAGE 57 ===== [Extraction: OCR (rendered-page OCR)] Application for Federal Assistance SF-424 16. Congressional Districts Of: * a. Applicant Casten * b. Program/Project IL-06 Attach an additional list of Program/Project Congressional Districts if needed. N/A 17. Proposed Project: * a. Start Date: 01/04/2023 *b. End Date: 08/31/2031 18. Estimated Funding ($): *a, Federal *b. Applicant *c. State *d. Local *e. Other *f. Program Income *g. TOTAL 19. Is Application Subject to Review By State Under Executive Order 12372 Process? a. This application was made available to the State under the Executive Order 12372 Process for review on- b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is subject to E.O. 12372 but has not been selected by the State for review. * 20. Is the Applicant Delinquent On Any Federal Debt? (if “Yes," provide explanation in attachment.) Yes No If "Yes", provide explanation and attach 21. *By signing this application, | certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. | also provide the required assurances and agree to comply with any resulting terms if | accept an award. | am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) XJ] * | AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: * First Name: Middle Name: * Last Name: Suffix: * Telephone Number: Fax Number: * Signature of Authorized Representative: * Date Signed: ===== PDF PAGE 58 ===== [Extraction: OCR (rendered-page OCR)] OMB Number: 4040-0007 Expiration Date: 02/28/2025 ASSURANCES - NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. As the duly authorized representative of the applicant, | certify that the applicant: 1. Previous Edition Usable If such is the case, you will be notified. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Authorized for Local Reproduction Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U. S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §8523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), aS amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324- 7328)which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Standard Form 424B (Rev. 7-97) Prescribed by OMB Circular A-10 ===== PDF PAGE 59 ===== [Extraction: OCR (rendered-page OCR)] g. Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act 10. fils 12. (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333), regarding labor standards for federally-assisted construction subagreements. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system 13. 14. 15: 16. iT/a 18. 19. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, “Audits of States, Local Governments, and Non-Profit Organizations." Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub-recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT ORGANIZATION DATE SUBMITTED {ity of West Chicago Standard Form 424B (Rev. 7-97) Back ===== PDF PAGE 60 ===== [Extraction: OCR (rendered-page OCR)] OMB Number: 4040-0009 Expiration Date: 02/28/2025 ASSURANCES - CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. As the duly authorized representative of the applicant, | certify that the applicant: 1. Previous Edition Usable If such is the case, you will be notified. Has the legal authority to apply for Federal assistance 8. and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. Will give the awarding agency, the Comptroller General 9. of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally 10. accepted accounting standards or agency directives. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Authorized for Local Reproduction Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U. S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 88523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. Standard Form 424B (Rev. 7-97) Prescribed by OMB Circular A-102 ===== PDF PAGE 61 ===== [Extraction: OCR (rendered-page OCR)] 11. Will comply, or has already complied, with the requirements of Titles I! and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 13. U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333), regarding labor standards for federally-assisted construction subagreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of 16. 17. 18. 19. 20. Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations.” Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub-recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT ORGANIZATION DATE SUBMITTED City of West Chicago SF-424D (Rev. 7-97) Back ===== PDF PAGE 62 ===== [Extraction: OCR (rendered-page OCR)] Them 4 7.0 RESOLUTION NO. 24-R-0051 A RESOLUTION MAKING A DETERMINATION RELATIVE TO THE RELEASE OF EXECUTIVE SESSION MINUTES PURSUANT TO THE ILLINOIS OPEN MEETINGS ACT WHEREAS, the City Council of the City of West Chicago met from time to time in executive session for purposes authorized by the Illinois Open Meetings Act; and, WHEREAS, as required by the Act, the City Administrator, serving as the City Clerk, has kept written minutes of all such executive sessions; and, WHEREAS, pursuant to the requirements of the Open Meetings Act, the City Council has met in executive session to review all executive session minutes; and, WHEREAS, the City Council has determined that a need for confidentiality still exists to all of those minutes and has, therefore, determined that no new minutes are to be released. NOW, HEREFORE, BE IT RESOLVED by the City Council of the City of West Chicago, Illinois, as follows: SECTION 1. No new Executive Session Minutes are hereby released for public inspection and said minutes shall be provided confidential treatment by the City, as required by Act. SECTION 2. This Resolution shall be in full force and effect from and after its adoption and approval. APPROVED AND ADOPTED this 17" day of June 2024. AYES: NAYS: ABSTAIN: ABSENT: Ruben Pineda, Mayor ATTEST: Valeria Perez, Executive Office Manager ===== PDF PAGE 63 ===== [Extraction: OCR (rendered-page OCR)] Ttem s 7. eE. RESOLUTION NO. 24-R-0052 A RESOLUTION AUTHORIZING THE DESTRUCTION OF AUDIO RECORDINGS OF CERTAIN CLOSED MEETINGS WHEREAS, Section 2.06 (a) of the Illinois Open Meetings Act, 5 ILCS 120/2.06 (a), requires public bodies to audio or video record their closed meetings; and WHEREAS, the City Council of the City of West Chicago has an audio recording of their closed session meetings, in compliance with that requirement; and WHEREAS, Section 2.06 (c) the Open Meetings Act, 5 ILCS 120/2.06 (c), permits a public body to destroy the verbatim record of closed meetings without notification to or the approval of a records commission or the State Archivist, not less than eighteen (18) months after the completion of the meeting recorded, but only after: 1. The City approves the written minutes of the closed session meeting, in compliance with Section 2.06 (a) of the Open Meetings Act; and, 2. The City approves the destruction of the recording from a particular closed session meeting. WHEREAS, for the verbatim record by tape of the closed meeting set forth in Section 2 below of this Resolution, at least eighteen (18) months have passed since the completion of that meeting, and, further, the City Council has approved written minutes for that meeting; and WHEREAS, a body may order the destruction of the verbatim record even if it continues to withhold the approved written minutes of the closed meeting until some later period of time; and WHEREAS, the City Council is unaware of any judicial or administrative causes of action imminent or pending that would require judicial examination pursuant to Section 2.06 (e), 5 ILCS 5/2.06 (e), of the verbatim record of the meeting set forth in Section 2 below. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST CHICAGO, DUPAGE COUNTY, ILLINOIS, in regular session assembled as follows: Section 1. Foregoing recitals are incorporated herein by reference. Section 2. Based upon said recitals, the City Council hereby orders the Executive Assistant to destroy the verbatim record being an audio tape of the following closed meeting: Resolution No. 24-R-0052 Page 1 of 2 ===== PDF PAGE 64 ===== [Extraction: OCR (rendered-page OCR)] 2022 August 15, 2022 Section 3. This Resolution shall be in full force and effect immediately upon its passage. APPROVED AND ADOPTED this 17" day of June, 2024. AYES: NAYS: ABSTAIN: ABSENT: Ruben Pineda, Mayor ATTEST: Valeria Perez, Executive Office Manager Resolution No. 24-R-0052 Page 2 of 2