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2013-10-21 - Village Board Regular Meeting - Agenda Packet 1..� VILLAGE OF VILLAGE OF St3uffao BUFFALO GROVE Grouc Fifty Raupp Blvd. Buffalo Grove,IL 60089-2100 Phone 847-459-2500 Fax 847-459-0332 STATE OF ILLINOIS ) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that the attached meeting notice and agenda were posted on the inside of the front door of the Buffalo Grove Village Hall at 50 Raupp Boulevard, Buffalo Grove, Illinois at 11:00, A.M. on Friday, October 18, 2013 and thereafter were continuously viewable from the outside until said meeting and further were posted on the Village of Buffalo Grove's website for the purpose of compliance with the Illinois Open Meetings Act. Dated at Buffalo Grove, Illinois, this 18th day of October, 2013. V ge Clerk By: aVe v) ' 01/% I"� VILLAGE OF Meetingof the Village of Buffalo Grove Fifty Raupp Blvd uffallo 9 Buffalo Grove,IL 60089-2100 toy to our Board of Trustees Phone:847-459-2500 MOP Regular Meeting October 21, 2013 at 7:30 PM 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes A. Minutes of the October 7, 2013 Village Board Meeting 5. Approval of Warrant A. Presentation and Reading of Warrant #1218 6. Village President's Report 7. Village Manager's Report A. Buffalo Grove Days Financial Report (Trustee Sussman) B. Monthly Management Report- September 2013 8. Special Business 9. Reports from the Trustees A. Buffalo Grove Symphonic Band Concert (Trustee Ottenheimer) 10. Consent Agenda All items listed on the Consent Agenda,which are available in this room this evening, are considered to be routine by the Village Board and will be enacted by one motion There will be no separate discussion of these items unless a Board member or citizen so requests, in which event, the item will be removed from the General Order of Business and considered after all other items of business on the Regular Agenda under New Business. (Attached). Consent Agenda: Ordinances and Resolutions A. Ordinance No. 2013-71: An Ordinance Amending Chapter 10.20, Vehicle Seizure and Impoundment of the Village of Buffalo Grove Muncipal Code (Trustee Trilling) SUMMARY: The proposed ordinance amends Chapter 10.20 of the Buffalo Grove Municipal Code to include additional offenses where vehicles can be seized and impounded as defined under the Illinois Vehicle Code. Consent Agenda: Unfinished Business None. Consent Agenda: New Business Village Board of Trustees-Agenda Page 1 • B. Proclamation: 170th Year Anniversary of B'nai B'rith International (President Braiman) SUMMARY: Proclamation recognizing the anniversary of B'nai B'rith which is the oldest service organization founded in the United States and has an unparalleled record of aiding humanity in communities throughout the United States. 11. Ordinances and Resolutions A. Ordinance No. 2013-72: Amended and Restated Water Supply Contract with the Northwest Water Commission (Trustee Stein) B. Ordinance No. 2013-73: Approving a special use for a recreation facility in the Industrial District, EPIC Power& Conditioning, 1620 Barclay Blvd (Trustee Terson) 12. Unfinished Business A. Award of Contract: Award of Contract-Independent Financial Auditing Services (Trustee Berman) B. Award of Contract: to Melrose Pyrotechnics, Inc. for Pyrotechnic Services for Buffalo Grove Days and the 4th of July. (Trustee Sussman) C. 2014 Custodial Services Bid Results (Trustee Stein) 13. New Business 14. Questions from the Audience Questions from the audience are limited to items that are not on the regular agenda. In accordance with Section 2.02.070 of the Municipal Code, discussion on questions from the audience will be limited to 10 minutes and should be limited to concerns or comments regarding issues that are relevant to Village business. All members of the public addressing the Village Board shall maintain proper decorum and refrain from making disrespectful remarks or comments relating to individuals. Speakers shall use every attempt to not be repetitive of points that have been made by others. The Village Board may refer any matter of public comment to the Village Manager,Village staff or an appropriate agency for review. 15. Executive Session 16. Adjournment The Village Board will make every effort to accommodate all items on the agenda by 10:30 p.m. The Board, does, however, reserve the right to defer consideration of matters to another meeting should the discussion run past 10:30 p.m. The Village of Buffalo Grove, in compliance with the Americans with Disabilities Act requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities contact the ADA Coordinator at 459-2525 to allow the Village to make reasonable accommodations for those persons Village Board of Trustees-Agenda Page 2 Meeting of the Village of Buffalo Grove Fifty Raupp Blvd � Buffalo Grove, I L 60089-2100 Board of Trustees Phone:847-459-2500 Regular Meeting October 21, 2013 at 7:30 PM 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes A. Minutes of the October 7, 2013 Village Board Meeting [GO TO] 5. Approval of Warrant A. Presentation and Reading of Warrant#1218 [GO TO] 6. Village President's Report 7. Village Manager's Report A. Buffalo Grove Days Financial Report (Trustee Sussman) [GO TO] B. Monthly Management Report-September 2013 [GO TO] 8. Special Business 9. Reports from the Trustees A. Buffalo Grove Symphonic Band Concert (Trustee Ottenheimer) [GO TO] 10. Consent Agenda All items listed on the Consent Agenda, which are available in this room this evening, are considered to be routine by the Village Board and will be enacted by one motion. There will be no separate discussion of these items unless a Board member or citizen so requests, in which event, the item will be removed from the General Order of Business and considered after all other items of business on the Regular Agenda under New Business. Consent Agenda: Ordinances and Resolutions A. Ordinance No. 2013-71: An Ordinance Amending Chapter 10.20, Vehicle Seizure and Impoundment of the Village of Buffalo Grove Muncipal Code (Trustee Trilling) SUMMARY: The proposed ordinance amends Chapter 10.20 of the Buffalo Grove Municipal Code to include additional offenses where vehicles can be seized and impounded as defined under the Illinois Vehicle Code. [GO TO] Consent Agenda: Unfinished Business Consent Agenda: New Business B. Proclamation: 170th Year Anniversary of B'nai B'rith International (President Braiman) SUMMARY: Proclamation recognizing the anniversary of B'nai B'rith which is the oldest service organization founded in the United States and has an unparalleled record of aiding humanity in communities throughout the United States. [GO TO] 11. Ordinances and Resolutions A. Ordinance No. 2013-72: Amended and Restated Water Supply Contract with the Northwest Water Commission (Trustee Stein) [GO TO] B. Ordinance No. 2013-73: Approving a special use for a recreation facility in the Industrial District, EPIC Power &Conditioning, 1620 Barclay Blvd (Trustee Terson) [GO TO] 12. Unfinished Business A. Award of Contract: Award of Contract-Independent Financial Auditing Services (Trustee Berman) [GO TO] B. Award of Contract: to Melrose Pyrotechnics, Inc. for Pyrotechnic Services for Buffalo Grove Days and the 4th of July. (Trustee Sussman) [GO TO] C. 2014 Custodial Services Bid Results (Trustee Stein) [GO TO] 13. New Business 14. Questions from the Audience Questions from the audience are limited to items that are not on the regular agenda. In accordance with Section 2.02.070 of the Municipal Code, discussion on questions from the audience will be limited to 10 minutes and should be limited to concerns or comments regarding issues that are relevant to Village business. All members of the public addressing the Village Board shall maintain proper decorum and refrain from making disrespectful remarks or comments relating to individuals. Speakers shall use every attempt to not be repetitive of points that have been made by others. The Village Board may refer any matter of public comment to the Village Manager, Village staff or an appropriate agency for review. 15. Executive Session 16. Adjournment The Village Board will make every effort to accommodate all items on the agenda by 10:30 p.m. The Board, does, however, reserve the right to defer consideration of matters to another meeting should the discussion run past 10:30 p.m. The Village of Buffalo Grove,in compliance with the Americans with Disabilities Act,requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities, contact the ADA Coordinator at 459-2525 to allow the Village to make reasonable accommodations for those persons. Minutes of the October 7, 2013 Village Board Meeting 4-A Overview Approval is recommended. Attachments M100713.pdf Trustee Liaison Staff Contact Clerk Sirabian Carol A Lieber, M.on.daY>............October ...2.1.......2.0.1..3........................................................................................................Approval of...Minutes ..._...Ite.m.......4._A........................................................................................................... 12785 10/07/2013 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS,50 RAUPP BOULEVARD,BUFFALO GROVE,ILLINOIS ON MONDAY, OCTOBER 7,2013 CALL TO ORDER President Braiman called the meeting to order at 7:30 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Braiman;Trustees Berman, Sussman,Terson, Stein,and Ottenheimer. Trustee Trilling was absent. Also present were: Dane Bragg,Village Manager; William Raysa,Village Attorney;Jeffrey Stein,Assistant Village Attorney;Jennifer Maltas,Deputy Village Manager; Scott Anderson,Finance Director; Art Malinowski,Director of Human Resources;Robert Giddens,IT Director;Rick Kuhl, Superintendent of Public Works; Robert Pfeil,Village Planner;Brett Robinson,Purchasing Manager; Brian Sheehan,Deputy Building Commissioner—Operations; Carol Berman,Deputy Building Commissioner—Administration;Police Chief Casstevens; and Fire Chief Vavra. APPROVAL OF MINUTES Moved by Terson,seconded by Berman,to approve the minutes of the September 9,2013 Rescheduled Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 5—Berman, Sussman,Terson, Stein,Ottenheimer NAYS: 0—None ABSENT: 1 —Trilling Motion declared carried. Moved by Terson,seconded by Ottenheimer,to approve the minutes of the September 30,2013 Committee of the Whole Meeting. Upon roll call,Trustees voted as follows: AYES: 5—Berman, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None ABSENT: 1 —Trilling Motion declared carried. WARRANT#1217 Mr.Anderson read Warrant#1217. Moved by Berman,seconded by Stein,to approve Warrant#1217 in the amount of$4,183,105.04,as amended by Mr.Anderson, authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 5—Berman, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None ABSENT: 1 —Trilling Motion declared carried. VILLAGE PRESIDENT'S REPORT President Braiman appointed Steve Klopfer to the Commission for Residents with Disabilities for a one-year term. Moved by Sussman, seconded by Stein,to concur with President Braiman's appointment. Upon roll call,Trustees voted as follows: 12786 10/07/2013 AYES: 5—Berman, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None ABSENT: 1 —Trilling Motion declared carried. President Braiman appointed Lawrence King to the Farmer's Market Committee for a one-year term. Moved by Stein,seconded by Berman,to concur with President Braiman's appointment. Upon roll call,Trustees voted as follows: AYES: 5—Berman, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None ABSENT: 1 —Trilling Motion declared carried. President Braiman appointed Brian Rubin to the Board of Police&Fire Commission for a one-year term. Moved by Ottenheimer, seconded by Stein to concur with President Braiman's appointment. Upon roll call,Trustees voted as follows: AYES: 5—Berman, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None ABSENT: 1 —Trilling Motion declared carried. President Braiman thanked the appointees,as well as all of our volunteers, for the wonderful service they perform for all of our residents. President Braiman read a Proclamation declaring October as Domestic Violence Awareness Month in the Village of Buffalo Grove and urged all citizens to participate in activities to eliminate the use of personal and institutional violence against women. President Braiman read a Proclamation declaring October as Disability Awareness Month in the Village of Buffalo Grove to celebrate and recognize people with disabilities. President Braiman read a Proclamation declaring October 31,2013 as Trick or Treat Day in Buffalo Grove and urged children and their parents to cooperate in limiting the time of trick-or-treat activities between the hours of 2:00 and 7:00 P.M. Parents and other responsible adults are urged to accompany children,and householders,wherever they are able to do so, are urged to cooperate in making this a happy occasion for all youngsters. President Braiman presented an overview on the Didier Farm/Des Plaines River Flood Study,noting that the Army Corps of Engineers has taken the reservoir out of their plans and are searching for another location. Paulette Greenberg,Co-Chair of the Buffalo Grove Days Committee,on behalf of Co-Chair J.V. Springman and the entire Committee,thanked everyone who participated and attended the festival this past year. Special thanks to the Police and Fire Chiefs for their assistance in implementing the emergency weather plan twice during the weekend. President Braiman also thanked Village staff for their efforts over the weekend,as well as the Committee and the residents for their cooperation to ensure a successful festival. FIREFIGHTER OF THE YEAR Since 2008 the Fire Department has been recognizing one member of the department for their contribution to the Village. The award is co-sponsored by the Buffalo Grove Rotary club. Pam Gibbons,President of Rotary,reviewed the criteria by which the recipient is chosen. Ms. Gibbons recognized Lt.Wendill Bills as the recipient of the 2013 Firefighter of the Year. Lt.Bills was presented with a plaque and a monetary award to be donated to the Kidney 12787 10/07/2013 Foundation in his name. Chief Vavra reviewed the accomplishments of Lt.Bills and presented him with a certificate,a ribbon for his dress uniform,and a plaque with his name inscribed on it to be hung at the headquarters station,and a personal trophy. Lt.Bills related some of the highlights of his 30 year career with the Buffalo Grove Fire Department and thanked his fellow firefighters for the wonderful experience that his career has been. On behalf of the Board and the entire community,President Braiman thanked and congratulated Lt.Bills on a well- deserved recognition,and he also thanked the entire Fire Department for their commitment and dedication to our residents. TRUSTEE REPORTS Trustee Stein reported that the Farmer's Market has ended for the season,and he thanked everyone involved in the event for all of the hard work that they do beginning in January and running through the end of the season in order to make our Farmer's Market a huge success. Trustee Stein also thanked all of the patrons who frequent the Market every Sunday morning,and announced that June 15,2014 is opening day for 2014. CONSENT AGENDA President Braiman explained the Consent Agenda,stating that any member of the audience or the Board could request that an item be removed for full discussion;there were no such requests. The Village Clerk read a brief synopsis of each of the items on the Consent Agenda. Ordinance#2013-68—Municipal Code Motion to pass Ordinance#2013-68,amending Title 8,Health and Safety of the Village of Buffalo Grove Municipal Code. Ordinance#2013-69—Brunswick's Motion to pass Ordinance#2013-69,approving an Amendment to Exhibit G of Ordinance#2013-32 for Brunswick's—Buffalo Grove,350 McHenry Road. Ordinance#2013-70—Speedwav Motion to pass Ordinance#2013-70,granting certain variations to the Buffalo Grove Sign Code for Speedway, LLC,201 N.Milwaukee Avenue. Proclamation—Fire Prevention Week Motion to proclaim October 7-13,2013 as Fire Prevention Week throughout Buffalo Grove,and October as Fire Prevention Month. Proclamation—Sergeant Parkinson Motion to commend Sergeant Steven P.Parkinson on 25 years of service with the Village of Buffalo Grove, 1988- 2013. Sewer Televising Contract Motion to authorize bid for 2013 Sewer Televising Contract. 12788 10/07/2013 Clarke Environmental Mosquito Mananement,Inc. Motion to award contract to Clarke Environmental Mosquito Management,Inc. for mosquito Abatement Services for Fiscal Year 2014. Moved by Terson,seconded by Ottenheimer,to approve the Consent Agenda. Upon roll call,Trustees voted as follows: AYES: 5—Berman, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None ABSENT: 1 —Trilling Motion declared carried. ORDINANCE#2013-67—REVISED FEES&FINES Moved by Berman,seconded by Sussman,to pass Ordinance#2013-67,providing for Revised Fees and Fines in the Village of Buffalo Grove Municipal Code,in accordance with material contained in Board packets,in particular the draft ordinance dated 8/20/2013. Mr.Bragg reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Ms.Maltas. Upon roll call,Trustees voted as follows: AYES: 5—Berman, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None ABSENT: 1 —Trilling Motion declared carried. 2014 CUSTODIAL SERVICES Moved by Stein, seconded by Terson,to reject all custodial services bids,waiver of same bids,and authorization for staff to negotiate,in accordance with information contained in Board packets. Mr.Robinson reviewed the bid scenario in this instance,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. After lengthy discussion,Trustees voted as follows on the motion: AYES: 3—Berman,Terson,Ottenheimer NAYS: 2—Sussman, Stein ABSENT: 1 —Trilling Motion needed 4 affirmative votes and was defeated. Moved by Berman,seconded by Ottenheimer,to reject all current bids. Upon roll call,Trustees voted as follows: AYES: 5—Berman, Sussman,Terson, Stein,Ottenheimer NAYS: 0—None ABSENT: 1 —Trilling Motion declared carried. 2014 UNIFORM RENTAL SERVICES Moved by Stein, seconded by Berman,to reject all uniform rental services bids,waiver of said bids,and authorization for staff to negotiate with the two vendors as detailed in Board packets. 12789 10/07/213 The motion was amended to simply reject all bids. The amendment was accepted by Trustees Stein and Berman. Upon roll call,Trustees voted as follows on the amended motion: AYES: 5—Berman, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None ABSENT: 1 —Trilling Motion declared carried. Moved by Berman,seconded by Stein,to waive bids and authorize staff to negotiate with vendors regarding the 2014 Uniform Rental Services Contract. Upon roll call,Trustees voted as follows: AYES: 5—Berman, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None ABSENT: 1 —Trilling Motion declared carried. QUESTIONS FROM THE AUDIENCE President Braiman reviewed the parameters to be followed by speakers,and asked if there were any questions from the audience on items not on tonight's agenda. Marge Foss,2254 Carlyle Court,said that she was at the Public Hearing for the Weiland Road project last week, and stated that she did not feel that attendees received answers that they deserved. Ms.Foss and others who attended are requesting that a follow up Public Hearing be scheduled so that residents are able to have their questions answered in a transparent manner supported by facts and data. Mr.Bragg stated that we are currently in a"comment period" so it would be inappropriate for the Village to take any action until the comment period is closed. As far as scheduling another Public Hearing,he would have to review that under the Federal guidelines to see what options are available. Staff will review and present a report to the Board. EXECUTIVE SESSION Moved by Sussman,seconded by Stein,to move to Executive Session for the purpose of discussing Probable or Imminent Litigation, Section 2 (c)(11)of the Illinois Open Meetings Act. Upon roll call,Trustees voted as follows: AYES: 5—Berman, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None ABSENT: 1 —Trilling Motion declared carried. The Board moved to Executive Session from 8:42 P.M.until 9:03 P.M. 12790 10/07/2013 ADJOURNMENT Moved by Sussman, seconded by Berman,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 9:05 P.M. Janet M. Sirabian,Village Clerk APPROVED BY ME THIS 21st DAY OF October 2013 Village President Presentation and Reading of Warrant#1218 5-A Overview Approval is recommended. Attachments W#1218 Work sheetpdf W#1218.pdf(Appendix) Trustee Liaison Staff Contact Scott D Anderson,Finance&GS M.o�n.d�aY>............October ...2.1.......2.0.1..3........................................................................................................A.............pprova.l of Wa�rra�nt... Ite.m....�...5._A........................................................................................................... VILLAGE OF BUFFALO GROVE WARRANT #1218 21-Oct-13 General Fund: 221,076.29 Illinois Municipal Retirement Fund: 0.00 Parking Lot Fund: 0.00 Motor Fuel Tax Fund: 359,260.62 School & Park Donations 0.00 Capital Projects-Facilities: 10,661.50 Capital Projects-Streets: 0.00 Health Insurance Fund: 0.00 Facilities Development Debt Service Fund: 0.00 Retiree Health Savings (RHS): 0.00 Water Fund: 664,223.99 Buffalo Grove Golf Fund: 27,200.03 Arboretum Golf Fund: 24,087.07 Refuse Service Fund: 76,874.56 1,383,384.06 PAYROLL PERIOD ENDING 10/6/2013 878,057.22 878,057.22 TOTAL WARRANT #1218 2,261,441.28 APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Village Clerk Village President See appendix: Appendix001 - W#1218.pdf Buffalo Grove Days Financial Report 7-A Overview Included is the financial report summarizing all revenues and expenditures for the 2013 Buffalo Grove Days event. Total event revenue was $131,415 and event expenditures totaled$154,287. The net cost of providing the event was $22,871 vs. $40,874 last year. The approved budget for FY 2013 was $42,000. Attached to this memorandum is the financial report summarizing all revenues and expenditures for the 2013 Buffalo Grove Days Festival. All event charges, excluding Village payroll and related departmental operating expenses, have been processed and paid through the committee budget line item. This report should be considered final although there may be certain expenditures that have not yet been received. Any future receipts or expenditures of a significant amount will be reported as an amendment to this report. Two significant changes impacted this year's final accounting. The first is the change in carnival cash handling functions. Beginning this year, the carnival operator was responsible for selling tickets, counting and safeguarding the proceeds. Village staff audited starting and ending ticket inventory and periodically inspected sales booths to verify ticket serial numbers. From an accounting standpoint there is no longer a revenue and expense attributed to the carnival. Last year's numbers have been changed to allow for a more meaningful year-over-year comparison. The second change resulted from a renegotiated contract with the Buffalo Grove Chamber of Commerce. Instead of the Chamber reimbursing the Village for a percentage of rental costs (tents,tables and chairs),the Village now shares in a percent of revenues earned and covers all event costs. Total event revenue was $131,415. This represents an increase of$25,275 from 2012 revenues. The revenue from contributions was $10,108 more than the previous year. The Chamber of Commerce is responsible for soliciting and collecting contributions and is compensated for their time and expense through a fixed percentage of the total collections. The primary source of revenue is generated by the carnival. The weather is always a significant variable in the success of the carnival. This year there were two weather related carnival interruptions. The first was Friday evening. The midway opened an hour later than scheduled and on Sunday night the carnival was closed for almost two hours. Even with the interruptions,the carnival revenue was only down $4,084 compared to last year. Last year's total was the highest carnival revenue to date. Event expenditures totaled $154,287. This figure represents an increase of$7,272 or five percent from 2012. The committee was challenged, and succeeded,to produce a high quality event in light of limited resources this year due to budget constraints. Not factoring for Village labor,the 2013 Buffalo Grove Days event net cost was $22,870 compared to $40,874 last year. Attachments 2013 BG Days.pdf Trustee Liaison Staff Contact Trustee Sussman Scott D Anderson,Finance&GS Monday, October 21, 2013 Village Managers Report -Item : 7-A V111UlLAG1< Ilse e ed GROVE TO: DANE C. BRAGG FROM: SCOTT D ANDERSON SUBJECT: BUFFALO GROVE DAYS FINANCIAL REPORT DATE: 10/16/2013 Attached to this memorandum is the financial report summarizing all revenues and expenditures for the 2013 Buffalo Grove Days Festival. All event charges, excluding Village payroll and related departmental operating expenses, have been processed and paid through the committee budget line item. This report should be considered final although there may be certain expenditures that have not yet been received. Any future receipts or expenditures of a significant amount will be reported as an amendment to this report. Two significant changes impacted this year's final accounting. The first is the change in carnival cash handling functions. Beginning this year, the carnival operator was responsible for selling tickets, counting and safeguarding the proceeds. Village staff audited starting and ending ticket inventory and periodically inspected sales booths to verify ticket serial numbers. From an accounting standpoint there is no longer a revenue and expense attributed to the carnival. Last year's numbers have been changed to allow for a more meaningful year-over-year comparison. The second change was resultant from a renegotiated contract with the Buffalo Grove Chamber of Commerce. Instead of the Chamber reimbursing the Village for a percentage of rental costs (tents, tables and chairs), the Village now shares in a percent of revenues earned and covers all event costs. Total event revenue was $131,415. This represents an increase of$25,275 from 2012 revenues. The revenue from contributions was $10,108 more than the previous year. The Chamber of Commerce is responsible for soliciting and collecting contributions and is compensated for their time and expense through a fixed percentage of the total collections. The primary source of revenue is generated by the carnival.The weather is always a significant variable in the success of the carnival. This year there were two weather related carnival interruptions. The first was Friday evening. The midway opened an hour later than scheduled and on Sunday night the carnival was closed for almost two hours. Even with the interruptions, the carnival revenue was only down $4,084 compared to last year. Last year's total was the highest carnival revenue to date. Event expenditures totaled $154,287. This figure represents an increase of$7,272 or 5 percent from 2012. The committee was challenged, and succeeded, to produce a high quality event in light of limited resources this year due to budget constraints. Not factoring for Village labor, the 2013 Buffalo Grove Days event net cost was$22,870 compared to$40,,874 last year. Page 1 of 6 The follow charts provide a summary and detailed analysis of revenues and expenditures for the event. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Buffalo Grove Days-Event Comparison 2013-2012 Revenue/Expenditure Comparison Dollar PERCENTAGE Revenue 2013 2012 Change CHANGE Event Donations 26,113 16,005 10,108 63.15% Non-Profit Vendor Fees 1,050 1,050 0 0.00% ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... BG Chamber Revenue Share 18,590 1,250 17,340 0.00% Parade Fees 675 0 675 0.00% Craft Show Fees 6,890 6,290 600 9.54% Ice Sales 415 0 415 0.00% ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Glow Necklace Sales 831 610 221 0.00% Carnival Sales 76,852 80,936 -4,084 -5.05% Total Revenue 131,415 106,141 25,275 23.81% Expenditures Entertainment 50,203 50,670 (467) -0.92% Fireworks 20,000 20,000 0 0.00% Parade Expenses 7,750 8,810 (1,060) -12.03% Transportation Expenses 11,260 10,920 340 3.11% Advertising 1,566 965 601 62.24% Equipment Rental 49,220 40,879 8,342 20.41% ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... All Other Expenditures 14,288 14,771 (483) -3.27% Total Expenditures 154,287 147,015 7,272 4.95% Net Income/(Loss) (22,871) (40,874) 18,003 -44.04% Page 2 of 6 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Village of Buffalo Grove Buffalo Grove Days-2013 Revenue Donation Revenue Source Amount Category Donations: , American Enterprise Bank 2,500.00 Entertainment Baxter Woodman 500.00 Entertainment Belmont Leasing Corp 500.00 Entertainment BMO Harris Bank 1,750.00 Entertainment Buffalo Restaurant 500.00 Entertainment Christopher B.Burke Engineering 500.00 Entertainment Civiltech Engineering 5,000.00 Entertainment Claremont Healthcare 400.00 Entertainment Connexion 250.00 Entertainment Dakota K Auto Repair 500.00 Disabilities Dr. Marvin Heimlich 100.00 Entertainment Dorflers Meat Market 500.00 BBQ Challenge, , Illinois Bone&Joint Institute 500.00 Disabilities Indeck Energy Services 2,500.00 Entertainment International Services, Inc. 5,000.00 Entertainment K1 Speed, Inc. 500.00 Entertainment Kovitz,Shifrin, Nesbit 250.00 Carnival Malnati Organization 500.00 Buddy Baseball Merle Norman Cosmetics 100.00 Entertainment MNJ Technologies Direct, Inc. 250.00 Entertainment Real Urban Barbeque 500.00 Entertainment Re/Max Experts 500.00 Entertainment Rotary Club of Buffalo Grove 1,000.00 Disabilities SafeCo Dental Supply Co. 250.00 Entertainment Siemens Industry, Inc. 10,000.00 Entertainment Sunrise Assisted Living 400.00 Disabilities Miscellaneous Invidual Collections 305.00 Chamber of Commerce Fundraising (9,442.50) Sub-total 26,112.50 Other Revenue Sources: Non-Profit Vendor Fees 1,050.00 Parade Fees 675.00 Chamber Revenue Sharing 18,590.40 Ice Sales 414.50 Craft Show Fees 6,890.00 Carnival Sales 76,851.99 Glow Necklaces 831.00 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Sub-total 105,302.89 Total Revenue 131,415.39 Page 3 of 6 Expenditures 16 Candles $4,950.00 Entertainment Matt Conlon $250.00 Entertainment Angela Powell $575.00 Entertainment Clowning Around $595.00 Entertainment Andrew Blendermann $475.00 Entertainment Pocket Circus $350.00 Entertainment Devar Creative, Inc. $1,650.00 Entertainment Barefoot Hawaiian $695.00 Entertainment .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Jason Kollum $700.00 Entertainment Randy Bernstein $1,100.00 Entertainment Rick Colen $800.00 Entertainment Personalities, Inc. $650.00 Entertainment .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Princess Capades $450.00 Entertainment Chicago Bears $500.00 Entertainment Whitey O'Day $275.00 Entertainment Renee Stahl $300.00 Entertainment Minerva Solano $275.00 Entertainment Pete Kovacevich $600.00 Entertainment .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. American English $6,500.00 Entertainment Bob Hirsch $800.00 Entertainment Dan McCartney $600.00 Entertainment Phil Jacobsen $500.00 Entertainment Jose Cornier $250.00 Entertainment Margi Charalab $500.00 Entertainment Libby Green $700.00 Entertainment Fantasy Greene $700.00 Entertainment Karen Sandquist $175.00 Entertainment Karen Danenburg $663.29 Entertainment Dave DiNaso $300.00 Entertainment Soul Chasers $600.00 Entertainment Glenn Nelson $450.00 Entertainment Chicago Blackhawks $350.00 Entertainment .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Jake Victor $300.00 Entertainment Joel Frankel $300.00 Entertainment Jack Gordon $25.00 Entertainment Susan Witek $300.00 Entertainment David Wells $275.00 Entertainment Shaun Hutchings $250.00 Entertainment The Blue Moondogs $275.00 Entertainment Ryan Freeman $800.00 Entertainment Barbara McNulty $275.00 Entertainment Wolves Charities $275.00 Entertainment .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Chuck Field 300.00 Entertainment Bass/Schuler Entertainment 550.00 Entertainment Pitchy Keen-Haley Reinhardt 18,000.00 Entertainment Sub Total-Entertainment 50,203.29 Page 4 of 6 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... American Mobile Staging 7,500.00 Equipment Rental Diversified Audio Group 3,950.00 Equipment Rental Barricade Lights 1,415.00 Equipment Rental Harris Golf Carts 5,125.00 Equipment Rental-Golf Carts Service Sanitation, Inc 9,314.97 Equipment Rental-Portable Restrooms Indestructo Rental Company 13,266.00 Equipment Rental Vision Communication 375.00 Equipment Rental House of Rental 478.70 Equipment Rental-Tent ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Eric Gordon 292.19 Equipment Rental-Van Pac-Van Inc. 900.00 Equipment Rental ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Highway Technologies Inc 1,325.00 Equipment Rental Gen Power, Inc 5,278.50 Equipment Rental Sub Total-Equipment Rental 49,220.36 Melrose Pyrotechnics 20,000.00 Fireworks Sub Total-Fireworks 20,000.00 Paddock Publications 468.50 Miscellaneous Expense-Advertising .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. N.A.M.E(Carnival) 5450.00 Miscellaneous Expense-Carnival .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Patch 957.09 Miscellaneous Expense-Advertising Pioneer Press 140.00 Miscellaneous Expense-Advertising ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Laidlaw Transit, Inc. 11,152.82 Miscellaneous Expense-Bus Transportation Jim Pawlak 60.34 Miscellaneous Expense-Vendor Craft Supplies .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Charles Posniak 153.26 Miscellaneous Expense-BBQ Challenge GSF 4,350.00 Miscellaneous Expense-Sanitation ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... EI-Cor Industries 673.75 Miscellaneous Expenses-Hex Caps Home City Ice 669.00 Miscellaneous Expenses- Ice for Food Vendors .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Andy's ProHire 190.00 Miscellaneous Expenses-PA&Backline Rental Cool Glow Necklaces 603.27 Miscellaneous Expenses-Glow Necklaces .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Blank Shirts, Inc 246.61 Miscellaneous Expenses-Tie Dye T-Shirts Zimmerman Hardware 36.64 Miscellaneous Expenses- Hardware ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Alan Danenberg 24.95 Miscellaneous Expenses-Photo Website Erwin Borowsky 106.75 Miscellaneous Expenses-Gas for Rental Van ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Jordan Industrial Supply 14.85 Miscellaneous Expenses-Supplies Paulette Greenberg 131.22 Miscellaneous Expenses- Misc Supplies .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Menards-Long Grove 720.12 Miscellaneous Expenses-Wasp Traps Janee Stempel 70.00 Miscellaneous Expenses- Badges Michael Katz 93.39 Miscellaneous Expenses-Weights for Tents Rhonda Norman 40.64 Miscellaneous Expenses-Supplies ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Rodney Odelson 43.85 Miscellaneous Expenses-Parade Paulette Greenberg 139.93 Miscellaneous Expenses-T-Shirts for Committee .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Brothers Bar-B-Que 66.00 Miscellaneous Expense-Food Coupon Reimbursement Culver's 150.00 Miscellaneous Expense-Food Coupon Reimbursement .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Lou Malnati's 165.00 Miscellaneous Expense-Food Coupon Reimbursement Oishii Thai 69.00 Miscellaneous Expense-Food Coupon Reimbursement ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Penguino's Pizza 9.00 Miscellaneous Expense-Food Coupon Reimbursement JD's BBQ Pit 117.00 Miscellaneous Expense-Food Coupon Reimbursement Sub Total-Miscellaneous Expenses 27,112.98 Those Funny People $500.00 Parade ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Chain-O-Lakes Model A.Club $200.00 Parade Medinah Clowns $400.00 Parade .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Tebala Motor Patrol $250.00 Parade Buffalo Grove High School $600.00 Parade .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Johnny Gabor Band $400.00 Parade St. Mary School Band $300.00 Parade Page 5 of 6 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Wendell Maclin $700.00 Parade Krazy Clown Klub $325.00 Parade .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Crystal Lake Strikers Drumline $900.00 Parade Stevenson HS Marching Patriots $600.00 Parade .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Medinah Flying Carpets $300.00 Parade Medinah Black Horse Troop $700.00 Parade .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Dupage Shrine Club Cruzin Coolers $300.00 Parade West Suburban Shrine Club Roaring $400.00 Parade 57's .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Medinah Car Club $300.00 Parade Medinah Shriners Mini Choppers $375.00 Parade Medinah Aviators $200.00 Parade Tebala Dresser Shrine Club $300.00 Parade .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Medinah Highlanders $400.00 Parade Crown Trophy $85.00 Parade Sub Total-Parade 7,750.00 Total Expenditures 154,286.63 Net Income/(Loss) (22,871.24) Page 6 of 6 Monthly Management Report- September 2013 7-B Overview The Monthly Management Report is available at www.vbg.org. Attachments Trustee Liaison Staff Contact Dane C Bragg,Office of Village Manager Monday, October 21, 2013 Village Managers Report -Item : 7-13 See appendix: Appendix002- Mgt Rep 10-21-2013.pdf Buffalo Grove Symphonic Band Concert 9-A Overview On Sunday,November 3rd,the Buffalo Grove Symphonic Band will present their 12th Annual Fall Concert Lucky 13 at Buffalo Grove High School. The concert celebrates composers, compositions,jazz performers, and shows, all either born or written from 50 to 200 years ago -including music of Sammy Cahn,Jimmy Van Heusen,Woody Herman,Wagner,Verdi, Benjamin Britten, and others -as well as a tribute to Danny Kaye (b. 1913). Tickets are $12 at the door, $10 in advance, $8 for students and seniors at all times. For more information contact Carol Berman, Staff Liaison to the Arts Commission, at 847-459-2530. Tickets are available at Village Hall or see members of the band for tickets. Attachments Trustee Liaison Staff Contact Trustee Ottenheimer Carol C Berman,Building&Zoning M.o�n.d�aY>............October ...2.1.......2.0.1..3........................................................................................................Reports ..from ...the ...Trustees ...._...Item ....�....9._A............................................................................. Ordinance No. 2013-71: An Ordinance Amending Chapter 10.20, Vehicle Seizure and Impoundment of the Village of 10-A Buffalo Grove Muncipal Code .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. Overview It is state law under Illinois Vehicle Code (Chapter 11-208.7) allowing municipalities the ability to seize and impound vehicles and impose an administrative fee for specified violations defined in the aforementioned section. Under Buffalo Grove's current Municipal Code Chapter 10.20, only vehicles used in the violation of driving under the influence and driving with a suspended or revoked license as a result of a driving under an influence conviction can be seized and impounded. The Buffalo Grove Police Department is requesting approval of the proposed ordinance to amend Chapter 10.20 of the Buffalo Grove Municipal Code to include commission of any misdemeanor or felony, violations of the Illinois Controlled Substances Act, felony violations of the Illinois Cannabis Control Act, driving with a suspended or revoked driver's license, driving with an expired driver's license (expired more than one year),no valid driver's license and related traffic warrants. Vehicles shall not be subject to seizure if the suspension is for an unpaid citation or due to failure to comply with emission testing. Attachments Ordinance_Amending_Section 10_20_010_Use_of motor vehicles for unlawful_purposes(3).pdf Trustee Liaison Staff Contact Trustee Trilling Steven D Husak, .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Monday, October 21, 2013 Consent Agenda: Ordinances and Resolutions - Item : 10-A 10/14/2013 ORDINANCE NO. 2013 - AN ORDINANCE AMENDING CHAPTER 10.20,VEHICLE SEIZURE AND IMPOUNDMENT, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS,the Illinois General Assembly adopted Public Act 97-109 which amended Chapter 11-208 of the Illinois Vehicle Code by adding new Section 5/11-208.7 which provides for administrative fees and procedures for impounding vehicles (625 ILCS 5/11-208.7). NOW THEREFORE BE IT ORDAINIED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. Chapter 10.20, Vehicle Seizure and Impoundment, of the Village of Buffalo Grove Municipal Code is hereby amended with deletions in st+i et4-,,,,n1, and additions in underline text, so that Chapter 10.20 shall hereafter provide as follows: Chapter 10.20 VEHICLE SEIZURE AND IMPOUNDMENT Sections: 10.20.010 Definitions 10.20.020 Conduct Prohibited 10.20.030 Applicability 10.20.040 Administrative Fees 10.20.050 Notice 10.20.060 Preliminary Probable Cause Hearing 10.20.070 Final Administrative Hearing 10.20.080 Liability for Administrative Fees and Costs 10.20.010 Definitions: The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context indicates a different meaning: A. Day. A calendar da. 1 B. Motor Vehicle. Any vehicle, whether licensed or unlicensed, which is self- propelled, including but not limited to automobiles, trucks, vans, motorcycles and motor scooters. C. Owner of Record or Owner. The record title holder(s) of a motor vehicle as registered with the Secretary of State of the State of Illinois, or if not registered in Illinois, the particular state where the motor vehicle is registered. 10.20.020 Conduct Prohibited: A motor vehicle that is used in connection with any of the following violations may be subject to seizure and impoundment by the Village, and the owner of record of the vehicle or the agents of that owner shall be liable to the Village for an administrative fee of$500.00 plus any aplicable towing and storage fees: A. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense for which a motor vehicle may be seized and forfeited pursuant to Section 36-1 of the Illinois Criminal Code of 2012 (720 ILCS 5/36-1), or B. Driving under the influence of alcohol, another drug or drugs, an intoxicating compound or compounds, or any combination thereof, in violation of Section BG-11-501 of the Buffalo Grove Municipal Code or Section 11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501); or C. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, a felony or in violation of the Illinois Cannabis Control Act(720 ILCS 55011 et seg.),, or D. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of the Illinois Controlled Substances Act(720 ILCS 570/100 et sec.); or E. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of Section 24-1, 24-1.5, or 24-3.1 of the Illinois Criminal Code of 1961 or the Illinois Criminal Code of 2012 (720 ILCS 5/24-1, 24-1.5, 24-3.1), or F. Driving while a driver's license,permit, or privilege to operate a motor vehicle is suspended or revoked pursuant to Section BG-6-303 of the Buffalo Grove Municipal Code or Section 6-303 of Illinois Vehicle Code (625 ILCS 5/6-303), except that vehicles shall not be subjected to seizure or impoundment if the suspension is for an unpaid citation (parking or moving) or due to failure to comply with emission testing, or G. Operation or use of a motor vehicle while soliciting, possessing, or attempting to solicit or possess cannabis or a controlled substance, as defined by the Illinois Cannabis Control Act(720 ILCS 55011 et sec.) or the Illinois Controlled Substances Act(720 ILCS 570/100 et secs), or H. Operation or use of a motor vehicle with an expired driver's license, in violation of Section BG-6-101 of the Buffalo Grove Municipal Code or Section 6-101 of the 2 Illinois Vehicle Code (625 ILCS 5/6-101), if the period of expiration is greater than one year, or L Operation or use of a motor vehicle without ever having been issued a driver's license or permit, in violation of Section BG-6-101 of the Buffalo Grove Municipal Code or Section 6-101 of the Illinois Vehicle Code (625 ILCS 5/6-101), or operating a motor vehicle without ever having been issued a driver's license or permit due to a person's age, or J. Operation or use of a motor vehicle by a person against whom a warrant has been issued by a circuit clerk in Illinois for failing to answer charges that the driver violated Section 6-101, 6-303, or 11-501 of the Illinois Vehicle Code (720 ILCS 5/ 6-101, 6-303, or 11-501, or K. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of Article 16 or 16A of the Illinois Criminal Code of 1961 or the Illinois Criminal Code of 2012 (720 ILCS 5/16 or 16A), or L. Operation or use of a motor vehicle in the commission of, or in the attempt to commit, any other misdemeanor or felony offense in violation of the Illinois Criminal Code of 1961 or the Illinois Criminal Code of 2012 (720 ILCS 511-1 et secs) 10.20.030 APPLICABILITY: A. This Chapter shall not apply to a vehicle used in any of the violations set forth in Section 10.20.020 of this Chapter that was stolen at the time and the owner provides verifiable proof that the vehicle was stolen at the time the vehicle was impounded. B. This Chapter shall not replace or otherwise abrogate any existing state or federal laws, and the owner shall be subject to these penalties in addition to any penalties that may be assessed by a court. 10.20.040 ADMINISTRATIVE FEES: The registered owner of record of a properly impounded vehicle, or the agents(s) of said owner, shall be liable to the Village for an administrative fee of$500.00. Said administrative fee represents the administrative and processing costs associated with the investigation, arrest and detention of an offender, or the removal, impoundment, storage and release of the vehicle. The administrative fee is in addition to any towing and storage fees charged for the towing and storage of the impounded vehicle. A. All administrative fees and towing and storage charges shall be imposed on the registered owner of the motor vehicle or the agents of that owner. B. The fees shall be in addition to: 3 1. any other penalties that may be assessed by a court of law for the underlying violations, and 2. any towing or storage fees, or both, charged by the towing company. C. The fees shall be collected by and paid to the Village. D. The towing or storage fees, or both, shall be collected by and paid to the person, firm, or entity that tows and stores the impounded vehicle. The towing and storage fees shall be those aproved by the Chief of Police for all towers authorized to tow for the Village of Buffalo Police Department. 10.20.050: NOTICE: A. Notice. Whenever a police officer has cause to believe that a motor vehicle is subject to seizure and impoundment pursuant to this Chapter, the police officer shall provide for the towing of the vehicle to a facility authorized by the Chief of Police. Before or at the time the vehicle is towed, the police officer shall notify or make a reasonable attempt to notify the owner, lessee or any person identifying himself or herself as the owner or lessee of the vehicle or any person who is found to be in control of the vehicle at the time of the alleged violation, and who is physically present at the scene, of the alleged violation, seizure and impoundment of the vehicle and the vehicle owner's or lessee's right to make a written request with twenty four (24) hours of the impoundment for a preliminary probable cause hearing and participate in a final administrative hearing. B. Release of Vehicle. Notwithstanding the provisions os subsection A. of this Section, the arresting police officer may release the vehicle prior to towing if the vehicle subject to seizure and impoundment was not owned by the person placed under arrest and the registered owner or person leery authorized to possess the vehicle shall arrive at the scene of the arrest prior to the actual removal or towing of the vehicle and the lawful owner or person lawfully entitle to possession of the vehicle possesses a valid operator's license, proof of ownership or registration, proof of liability insurance and would not, as determined by the arresting police officer, indicate a lack of ability to operate the motor vehicle in a safe manner, or who would otherwise, by operating the motor vehicle, be in violation of the Illinois Vehicle Code. C. Impoundment Pending Hearing. The Village shall provide notice to the owner or lessee that the motor vehicle shall remain impounded pending the completion of the preliminary probable cause hearing unless the owner or lessee of the vehicle or a lienholder posts with the Village a cash bond equal to, or pays by money order or certified check, with the Village of Buffalo Grove Police Department the amount of the administrative fee of$500.00 and pays for all towing and storage charges. 10.20.060 PRELIMINARY PROBABLE CAUSE HEARING: A. Written Request. If the owner of record or lessee of a vehicle seized pursuant to this Chapter desires to appeal the seizure, said owner or lessee must make a request for hearing within twenty four (24) hours of the seizure. Said request shall be in writing and 4 filed with the Chief of Police or his designee who shall conduct such preliminary probable cause hearing with forty eight (48) hours after receipt of the request, excluding Saturdays, Sundays and holidays. B. Rules of Evidence Relaxed. All interested persons shall be given a reasonable opportunity to be heard at the preliminary probable cause hearing. The formal rules of evidence will not ably at the hearing and hearsay evidence shall be admissible only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. C. When Probable Cause Exists. If after the hearing, the Chief of Police or his designee determines there is probable cause to believe that the vehicle is subject to seizure and impoundment pursuant to this Chapter, he shall order the continued impoundment of the vehicle as provided in this Chapter unless the owner or lessee of the vehicle posts with the Village a cash bond in the amount of$500.00 and pays the tower any applicable towing and storage fees. D. Vehicle to be Returned When Probable Cause Nonexistent. If the Chief of Police or his designee determines that there is no such probable cause, the vehicle shall be returned without fine or fees. 10.20.070 FINAL ADMINISTRATIVE HEARING: A. Notice. Within ten (10) days after a motor vehicle has been seized and impounded pursuant to this Chapter, the Village shall notify the owner of record, lessee, and any lienholder of record by personal service or by first class mail, to the interested pa!U's address as registered with the Secretary of State, of the date, time and location of the scheduled final administrative hearing that will be conducted pursuant to this Section. The name and address of the person to whom a vehicle is registered as shown on the records of the state in which the vehicle is registered shall be conclusive evidence of the name and address of the owner of record of the vehicle, unless the owner of record has given the Village actual written notice of a different name and/or address. The notice shall state the penalty and fees that may be imposed, and that a motor vehicle not released by cash bond or other form of payment acceptable to the Villa may maymay be sold or disposed of by the Village in accordance with applicable law. B. Hearing. The final administrative hearing shall be scheduled no later than forty- five (45) days after the date of the mailing of the notice of hearing. The hearing shall be conducted, and the case heard and decided, by a hearing officer appointed by the Village as provided in Chapter 2.62, "Village Administrative Hearing System," of the Village Municipal Code. Formal or technical rules of evidence shall not Uply. The hearings shall be recorded, including electronic recording, and the hearing officer shall be empowered to administer oaths and to secure by subpoena both the attendance and testimony of witnesses and the production of relevant books and papers. Persons wearing at the hearing may be represented by counsel at their expense. All interested persons shall be given a reasonable opportunity to be heard at the final administrative hearing. The formal rules of evidence will not Uply at the hearing and hearsay evidence shall be admissible only if it is the type commonly relied upon by reasonably prudent persons in 5 the conduct of their affairs. At the conclusion of the hearing, the hearing officer shall issue a written decision either sustaining or overruling the vehicle impoundment. If, after the hearing, the hearing officer determines that the motor vehicle, operated with the knowledge or permission, express or implied of the owner, was used in connection with a violation set forth in this Chapter, the hearing officer shall enter an order finding the owner of record civilly liable to the Village for an administrative fee of $500.00 and requiring the vehicle to continue to be impounded until the owner pays the administrative penalty to the Village plus any applicable towing and storage fees. If the owner fails to appear at the hearing, the hearing officer shall enter a default order in favor of the Villa Village requiring _g the payment to the Villagrequirin _g the payment to the Village of an administrative fee in the amount of $500.00. A copy of the default order shall be sent to the registered owner via certified mail, return receipt requested. If a cash bond or other acceptable form of payment has been posted, that amount shall be applied to the amount owed. If the hearing officer finds that the vehicle was improperly seized and impounded pursuant to this Chapter, the hearing officer shall order the immediate return of the owner's vehicle along with any previously paid cash bond and any additional fees. All final decisions of the hearing officer shall be subject to review under the provisions of the Illinois Administrative Review Law (735 IL,CS 5/3-101, etseg.). C. Driving While Intoxicated; Standard of Evidence. A sworn report of a police officer prepared in conformity with Section 11-501.1 of the Illinois Vehicle Code, 625 ILCS 5111-501.1, as amended, establishing that a person refused testing or has submitted to a test that discloses a blood alcohol concentration of 0.08 or more, or any amount of a drug, substance, or intoxicating _compound in the person's breath, blood or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, controlled substance listed in the Controlled Substances Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act, shall constitute prima facie evidence under this Chapter sufficient to establish a finding of the vehicle owner's liability under this Chapter. The presumption may be rebutted by clear and convincing evidence. 10.20.080 ADMINISTRATIVE FEE AND COSTS: A. Liability for Administrative Fee and Costs. If an administrative fee is imposed pursuant to this Chapter, such fee shall constitute a debt due and owing the Village. If a cash bond or other form of monetary payment acceptable to the Village has been posted pursuant to this Chapter, such amount shall be applied to the total fee assessed at the hearing. Unless stayed by a court of competent jurisdiction, any fine, penalty, or administrative fee imposed under this Chapter, which remains unpaid in whole or in part after the expiration of the deadline for seeking judicial review under the Administrative Review Law, may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. A vehicle shall continue to be impounded until: 1. the administrative fee is paid to the Village and any applicable towing and storage fees are paid to the tower, in which case possession of the vehicle shall be given to the person who is leery entitled to possess the vehicle; or 6 2. the vehicle is sold or otherwise disposed of to satisfy a judgment to enforce a lien as provided by law. If the administrative fee and other applicable fees are not paid within thirty-five (35) days after the hearing officer issues a written decision, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided for the disposition of unclaimed vehicles under section 4-208 of the Illinois Vehicle Code, 625 IL,CS 5/4-208, as amended, provided, however, where proceedings have been instituted under state or federal drug asset forfeiture laws, the vehicle may not be disposed of by the Village except in a manner consistent with the disposition of vehicles that is provided for in those proceedings. B. Vehicle Possession. Except as otherwise specifically provided by law, no owner, lienholder, or other person shall be legally entitled to take possession of a vehicle impounded under this Chapter until the administrative fee and other applicable fees under this Chapter have been paid in full. However, whenever a person with a lien of record against an impounded vehicle has commenced foreclosure proceedings, possession of the vehicle shall be given to that person if he/she agrees in writing to refund the Village the amount of the net proceeds of any foreclosure sale, less any amounts required to pay all lienholders of record, not to exceed the administrative fee plus other applicable fees. 10200 JS i ice„ of aw... haG-Iem fGF MR'a WfU l P A, De#i„Ttiam. Per p6wpeseseft#i&ChapteF, I. Ss HR cSS day" mea�=ro-any cn the e-rTccvrcrn�Village creF�c A-f the Vollage of 964ale Greve is n to the p uhliG f9F a .,f seven (7) heFs- i. T6e" mrL, rrev cFy rchT' In� ' a8rIf�srop"-InI ed, rr�cnI rJ' R. 91AfR2i f reEBrr-l" +h" r Ard +o+I" hplder/s1 of the yehir-le S. ny of the vielatiens may be subjers-t te se-i-i-wire and by the Village, rJ f rJ f rJ i;h;ll h" liable to the Village fee a+�� '�er�,--reeA,=cr-crsa;z�=P TE vnmrTsc��mrccv crn�rrresc�vrmR a penalty of C`C!1!1 !1!1 plus any pliGahle +.,. ing 1. Driving undeF thei,nflueeee, as pFevQed n sestfe 11 Sn,(a) e +h" ,�,-Q�QG R-w ff;I A Greve w nRGO pa 1C-e de-A-.r +en 5/11 5 91(a) ef the Re i-,; Veh i e l e-C-ed e (625 I LCS aK 7 i. Pri vrrng with suspended�^F reye-ked Ee-lse, as pFevided- i + ., , Qr G 2l12 of the &iffale Greve MuniGipal C-Zed-„ A- erctien C/G 999 of the 111ineis Vehirc1„ Cede (629-ILLS 9�6 9g21�s-a-result efaEemvirct+en p6wswant to sest+en9�11 99I(a) of t#eI11;"^;sVehiele-C-ede R_G !I 59I(a) f+h„ Q„ffal !_reye Muni .,ral ,rmvT T crc-v��eEtie,�,-cam CAe- E. Semmure and impoundment. I. \A/h,,.,,,.,,,r a elirCe effirc„r has Fea-sen to h-elieye that a „hir-1„ is blhj„G+ TeTthete_;Nir�-g efthe yehirCleete-a faeolit =-appTeyedbythe Chief ef PA-REP- . This the theft eFte d to the appFepFiate elirCe a i+h.,ri+in-s . ,i+him 74 hei-ir-s a4e.p +h„ +h„f+ ..,erg dogr-A.,nrpd Ar pp;4gA.,4h1..sh., IrJ ham..,, h,,,,., rJ gr.,..,,r„rJ 7 The peloGe effiGeF shall netif.,any peFsen i dentef. ing hi.-s„If as the ewneF of+h„ yeh0rc1„ .. .,he 0_s fe ,mrd to h„ 0 m rc eRtpe1 of+h„ yeh0rcl„ at +h„ t0A4e of the alleged vielatien,Of ye.reis Swieh a peFsen,of Vhefar-A of Vhi Seizurcz^r"rrml vfr+crhe i rrn�-�eri'o'7T v. rtax+rrirrrseraeFv�rrk- Fong. Within five (5) b ui s i n e ss days after a be fl I E I e I s 'I f .J f + h +. rzhal!eRgL- wopk#OAR-Af t h o s Se 4 6 A R hras The Aw n er Af Eeserdseeking a neaFing-must file a tten Fequest fA-.r-a- hearing withthe Chief ef PeIiee A-F his designee ne-rate."V1an ten (10) business days afte-F Ret+Ee . The heaFing date M St be R Me—re than ten (19) business days a4eF a Fequest fee a hearing has eee__e4-persens shall a—reaserable eppeFtwnity te b&- h t-thehea The 1 -wiles e ., heard-�d,--a � s�-of rell'd;�e�l Ee shall met apply e•a�-anad neaTsayey;d-eFl Ee -;hall eat.m i ssi b l e. if-, aft a.r yh a hearing, the-h ea Fi n g-ef#gEep rd„termines h.,a pFepeR d„r;.,r-„ Af,,.,ordpRr-p +ham+ +h„ .,,,hor-1„ ..,;,; w;PH Af +hes Cnr+i, n then the h„aFin t e4iG„r Shall einter a errd„r finding the a of r e- ef the vehircie-Givilly leable to the Village feF the-, Rstrative penalty ef$98^99If-, a te.-a-'rear the h„aFin g e4iG„r .J.,,,S Ret deteFmine by a pFependepanrze Af the an -raer finding fer the owner and- Feturn of yhe yehiele If the Awner of Teee,d requests-;yea Fi ng-but fails te appea F at Vhe h.ea.romg eF fails teTegnest a h„aFin t in a timely manner, the a of r errd Shall be rd,,,,med- to have .. ed_ his 8 eF h"" Fight to a h"a"..,g and the h"a"..,g .,ff.e"" shall ".,+"" a "iefa It A-Rie".r favor A the VolI the + f the SFr ykkw h ever, Of the f Ter �r �.. r �.-iTarnrrrFS•��a�F�d penalt y �.zrvaTTe��r TeeA"Fd pays suGirenalty and the returned to the ewiqeF, iqe Qefa,A Artier +h" A;Agiqpr .,f .," h"" Fight +., a h"a" .,g a.,.J signs a vaiTtteil ;.A.g.aPeF, liI hiGh Ea52-am Araei" of tshalll be deemed to hx^ h^^.,=Made ;Aghelq the Village FerCeive-5; the ;Agritte.m E. Disposition of impounded vehicle. A penalty i rpesed puFsuant to this `jaEtiA;rshall ceinst.twte ade-h+wand ewi,g the Village. .4evebTc�impeunded p6wswa.,t to th.-s Sete+geR Shall re.m.aim impeunded uptil- 1. the penalty ,f$999 nn .s a.rl to the Village and all a .,I.Gahle +.,. ing fees a Fe pa to t#e-tA agent, Tc�-i Ease the er �esA,�s�-i^I g+�ee .,f the yeh.rcl" . a--i.�A�=rer-Frr the vvv:-v9Ts--pvs•e ea ;.Aoithnm ern --o�Tet�eparm-rerz ., I the-ve h i rcl e is dee.med ed, on lAghTEb Ease the-ve h i r-1 e shall dispesed ef im the-R:; Rer Aed by law fee the-dispes+tien of ha.,,-,,.,ed- "h•r,l" �T R@stang Af hand If the ;4nTA,,Iq* ATr��v�cTspvscev withFm crrecc aepartmea , the a vehircle shall n--he released cv the A_winc.r erFccATcjcrn_ Tees. if-a $999.99 prenaitjF "vr'^ellat+A„-ofthis SeGtien, the �vn.nv-oo hArra yiill-e#erfeited- to the Village; h.,.. eves .f a .,I-,+.r.., ef. +h._ Ser-A..,., . et ., ., by .J f •.J h C`Cnn nn h.,.,.J . ..II h" + .J to the a-��E�vrrcreKirrrEe�rt�-1{.iebrcrenl Ee, tni:�vv "ccu�i=rca cv crr��sci svrr pelting the Al" Shend meney-jpested puFswamt-te thes `3eEteAn shall be held by the V'llagezipt+l the ea -ATREeF isstl2s-;yes+sign,9F, of theFe is-a-judicial Feyiew, Vehide Rem-sem-sio-A.-AnymeteF vehirCle-that Os Ret pes ed thim 9B days a4e.p the "...,."a+..,., of the +..,.e .Jw ring ...h.Gh the .,....,"" of FeGeFd may seek .u"d.G.al Ted/Teen;--e the V o l t a ge's I i„Qer this sve st i 9 R, 9' tTP- t+Fnt-m _;A Yi h i e h a final judgment sTenlveK Village, Ai" the time a final administrativet of as am --imcclaimed vehiGle as�pFeyrided by law, p'Fevided, however, that where pFeGeedings have bee.m. insti.twited winde-F State A_F fede.pal d-..p6lg asset feFfeitwFe laws, 9 the pFeGea d'., W. 1-+eRhew-e.-. AweRhew-e-F asses 6igg its Fight o pessessieiq of aiq an aff stating that the pwFGhase."is in def"��Ir�rmt of the agFeement and- an r-"r+ifira+" ewerwted h.. w theFizerd agent ef+h" Iinn6,.,I.Jnr Section 2. If any section,paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 3. This ordinance shall be in full force and effect as of December 1, 2013 and from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: NAYES: ABSENT: PASSED: , 2013 APPROVED: , 2013 PUBLISHED: , 2013 APPROVED: Village President ATTEST: Village Clerk #99289 10 Proclamation: 170th Year Anniversary of B'nai B'rith 10-B International Overview Approval is recommended. Attachments Trustee Liaison Staff Contact President Braiman Jeff Braiman, M.on.daY>............October ...2.1.......2.0.1..3........................................................................................................Consent ..Agenda: .....New ...Business ...._...Item ........1.0.B.......................................... WWllm C'""uua \ 91mI101m01010101010101N01010101010101010101010101NIYNIYMBN14N011NIYlYIIYIIYYYYYIIYIYIIIIl0101WW1��� ��� �_� ..J J rvrvirvirvmuvumwuwuuuuuuu�uwuw MJWMNONNNW!WUWIW � J iW'Itl IfY muuN9MIpKKWIII10100000imuOpWWWWONWONMIWG"„UOUIOMN�NWWOWOffffff fff0000001i1i1k WHEREAS 2013 marks the 170th anniversary of B'nai B'rith International; and WHEREAS, B'nai B'rith is the oldest service organization founded in the United States and has an unparalleled record of aiding humanity in communities throughout the United States and more than 50 other nations; the American Red Cross, which was founded 38 years later, was co- founded by a B'nai B'rith member; and WHEREAS, B'nai B'rith has provided over $100 million in cash, medical equipment, and supplies to victims of disasters worldwide since 1868; and WHEREAS, B'nai B'rith is a strong and vocal advocate for the promotion of the State of Israel and has had an active presence in Israel since 1888; and WHEREAS, B'nai B'rith has had an active presence as an NGO at the United Nations since its founding; and WHEREAS, B'nai B'rith is America's largest Jewish sponsor of federally-funded housing for seniors with limited income, provides safe, comfortable, and affordable housing for seniors without regard for race, religion, and ethnicity, and has an international network of senior living facilities; and WHEREAS, B'nai B'rith is widely acclaimed as a forceful advocate for senior citizens, with a special emphasis on protecting Social Security and Medicare and in supporting health care reform for all; and WHEREAS, B'nai B'rith has a 100-year record of commitment to cultural diversity, tolerance, and understanding, complemented by the Diverse Minds Youth Writing challenge, through which high school students write and illustrate books; B'nai B'rith publishes the books for elementary school children, teaching them the values of tolerance and diversity; and WHEREAS, B'nai B'rith members in local communities provide countless hours of service to local projects to better the communities in which they live; and WHEREAS, The B'nai B'rith International president, Mr. Allen Jacobs, is a resident of Lake Forest; THEREFORE BE IT RESOLVED, by the President and Board of Directors of the Village of Buffalo Grove, that we have designated October 13, 2013 as B'nai B'rith Day in Buffalo Grove. Ordinance No. 2013-72: Amended and Restated Water 11-A Supply Contract with the Northwest Water Commission .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval of an amendment to the Water Supply Contract with the Northwest Water Commission to extend the agreement for a period of 40 years. Overview Pursuant to the staff memorandum dated September 20,2013,the attached agreement provides for the extension of the existing member agreement between the Village of Buffalo Grove and the Northwest Water Commission from its current expiration date of 2023 to a new expiration date of 2053. Consistent with past practice,the terms and conditions under which the Village receives, stores and pays for its Lake Michigan water supply is calculated by formula and based solely on the fixed and variable cost structure of the Commission. There are no proposed changes in the payment terms, cash flows or basis for calculating rates applicable to the member communities. The proposed agreement also includes language to allow the sale of excess water supply to customers. The sale of water to customers represents additional revenue to the Commission which can be used to stabilize rates for member communities. New members would continue to be required to provide an equity buy-in to the Commission and gain approval by the member communities' respective boards. A redline version of the proposed agreement with changes since the September 20 draft is included as an appendix to the agenda packet. Next Steps Once approved by the member communities,the agreement will be considered for approval by the Northwest Water Commission board. Palatine,Arlington Heights and Wheeling are expected to approve the agreement in the coming weeks. Attachments PARKRIDGE-#99594-vl-VBG_Ordinance_-_Amended_Restated_Water_Supply_Contract.pdf FIRST AMENDED AND RESTATED WATER SUPPLY CONTRACT(10-15-13).pdf FIRST AMENDED AND RESTATED WATER SUPPLY CONTRACT(Redline 10-15-13).pdf(Appendix) Trustee Liaison Staff Contact Trustee Stein Dane C Bragg, M.o�n.d�aY>............October ...2.1.......> 2013. . .. ........................................................................................................Ordinances ...and ...Resolutions ..._...Item ....�....1..1.._A............................................................ 10/14/2013 Ordinance No. 2013 - An Ordinance Approving the Amended and Restated Water Supply Contract Between The Northwest Water Commission and Its Member Communities WHEREAS, the Village of Buffalo Grove is a member of the Northwest Water Commission (hereinafter referred to as the "Commission") a water commission created under Chapter 65, Article 11, Division 135, Illinois Compiled Statutes (65 ILCS 5/11-135-1 etseq.), along with the Village of Arlington Heights, the Village of Palatine and, the Village of Wheeling, municipal corporations in Cook and Lake Counties, Illinois, the municipalities are collectively referred to as "Members"; and WHEREAS, the Commission has been created to acquire and operate a common source for supply of water and to develop facilities of sufficient capacity to furnish an adequate supply of potable water to Commission members and customers; and WHEREAS, the Commission has entered into a Water Supply Contract with the City of Evanston, dated March 4, 1981, as amended, in order to have available Lake Michigan water in the quantities contracted to be sold by it to its Members; and WHEREAS, the Commission and each of its Members have previously entered into substantially identical Northwest Water Commission Water Supply Contracts dated April 6, 1981, and have amended said Water Supply Contracts by entering into substantially identical First Amendments thereto; and WHEREAS, the Commission and its Member have previously on April 4, 1983 entered into a First Amended Water Supply Contract ("1983 Agreement"), an Amendment to the 1983 1 Agreement dated September 5, 1990 and a Second Amendment to the 1983 Agreement dated September 20, 1993; and WHEREAS, the Commission and the Municipalities desire to enter into the attached Amended and Restated Water Supply Contract ("Contract") in order to consolidate the provisions of the aforementioned Water Supply Contracts, First Amendments, and to provide for other necessary and appropriate amendments to said contracts, amendments and agreement; and WHEREAS, by entering into the Contract, the Village intends that the Contract shall supersede the aforementioned contracts and amendments and that from and after the effective date of the attached Contract said contracts and amendments shall become null and void and that the attached Contract shall thereupon become the entire agreement between and among the Commission and the Village with regard to the matters addressed herein; and WHEREAS, by the execution of the attached Contract, the Village is surrendering none of its rights to the ownership and operation of its Municipal Systems, nor is the Commission surrendering any of its rights to the ownership and operation of its Water Supply System, but each expressly asserts its ownership of and continued right to operate such Systems consistent with the Contract; WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove have determined it to be in the best interest of the Village of Buffalo Grove and its citizens that the "Amended and Restated Water Supply Contract Between the Northwest Water Commission and the Village of Arlington Heights, the Village of Buffalo Grove, the Village of Palatine, and the Village of Wheeling," be approved and executed on behalf of the Village of Buffalo Grove by its duly authorized officials. NOW,THEREFORE, BE IT ORDAINED by the President and Board of Trustees, of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, as follows: 2 SECTION ONE: The Amended and Restated Water Supply Contract Between the Northwest Water Commission and the Village of Arlington Heights, the Village of Buffalo Grove, the Village of Palatine, and the Village of Wheeling, a copy of which is attached to this Ordinance, and by this reference incorporated herein and made a part hereof, be, and the same hereby is approved. SECTION TWO: The President and Village Clerk of the Village of Buffalo Grove are hereby authorized and directed to execute the aforesaid Amended and Restated Water Supply Contract on behalf of the Village of Buffalo Grove. The Village President has the authority to approve non-conceptual changes to the attached Amended and Restated Water Supply Contract. SECTION THREE: This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. This ordinance shall not be codified. PASSED THIS DAY OF 2013. AYES: NAYES: ABSTAIN: ABSENT: APPROVED THIS DAY OF 2013. Village President ATTEST: Village Clerk #99594 3 AMENDED AND RESTATED WATER SUPPLY CONTRACT BETWEEN THE NORTHWEST WATER COMMMISSION AND THE VILLAGE OF ARLINGTON HEIGHTS THE VILLAGE OF BUFFALO GROVE THE VILLAGE OF PALATINE THE VILLAGE OF WHEELING DATED , 2013 TABLE OF CONTENTS Page Recitals ..................................................................................................................... 1 Paragraph1 Water Supply................................................................................... 3 (a) Quantity .............................................................. ................... 3 (b) Quality .................................................................................... 4 (c) "Take-or-Pay" Obligation....................................................... 5 (d) Commission Obligation.......................................................... 5 (e) Curtailments............................................................... ............ 5 Paragraph 2 Storage, Delivery, Distribution andConservation ............................................................................................ 6 (a) Municipality Storage Requirement......................................... 6 (b) Points of Delivery ................................................................... 6 (c) Delivery Pressure.................................................................... 7 (d) Operation of Municipal Systems............................................. 8 Paragraph 3 Measuring Equipment...................................................................... 8 (a) Commission Meters and Records............................................ 8 (b) Municipality Check Meters..................................................... 9 (c) Unit of Measurement............................................................... 10 (d) Meter Inaccuracy; Estimated Quantities... .............................. 10 (e) Notice of Tests, Calibrations and Adjustments............................................................................ 11 Paragraph 4 Satisfaction of Payment Obligations under 1983 Agreement......... 12 (a) ................................................................................................ 12 Paragraph 5 Charges; Computation and Termsof Payment.......................................................................................... 12 (a) Annual Charges...................................................................... 12 (b) Guarantee Payment ................................................................ 15 (c) Commission Dissolution........................................................ 18 Paragraph 6 Disputes, and Defaults of Payment Obligations..................................................................................................... 18 (a) Payment Disputes; Obligation to Make Disputed Payments; Right to Refund..................................... 18 (b) Payment Defaults ................................................................... 19 (c) Remedies ................................................................................ 20 Paragraph7 Covenants ........................................................................................ 21 (a) Commission Best Efforts; Conditions.................................... 21 (b) Continuous Supply; Additional Supplies ............................... 21 (c) Title; Liability; Hold Harmless .............................................. 21 (d) Commission Charges and Rates Covenant............................. 22 (e) Municipality Charges and Rates Covenant................................................................................. 23 (f) Additional Municipality Covenants ....................................... 23 i (g) Character of Payment Obligations as Water Revenue Obligations ................................................... 24 (h) Character of Payment Obligations as OperatingExpenses................................................................ 25 Paragraph 8 Service to Others ............................................................................. 26 Paragraph 9 Force Majeure.................................................................................. 26 Paragraph 10 Modification .................................................................................. 27 Paragraph 11 Non-Assignability.......................................................................... 28 Paragraph 12 Regulatory Bodies ......................................................................... 28 Paragraph13 Notices........................................................................................... 28 Paragraph 14 Severability; Conflicts.................................................................... 29 Paragraph 15 Effective Date and Term................................................................. 30 Paragraph 16 Entire Agreement............................................................................ 30 Indexof Terms.......................................................................................................... 33 ExhibitA................................................................................................................... A-1 ExhibitB................................................................................................................... B-1 ii AMENDED AND RESTATED WATER SUPPLY CONTRACT BETWEEN THE NORTHWEST WATER COMMISSION AND THE VILLAGE OF ARLINGTON HEIGHTS, THE VILLAGE OF BUFFALO GROVE, THE VILLAGE OF PALATINE,AND THE VILLAGE OF WHEELING THIS AMENDED AND RESTATED WATER SUPPLY CONTRACT (hereinafter referred to as this "Contract") made and entered into as of this day of , 2013, by, between and among the NORTHWEST WATER COMMISSION (hereinafter referred to as the "Commission") a water commission created under Chapter 65, Article 11, Division 135, Illinois Compiled Statutes (65 ILCS 5/11-135-1, et seq.), and the VILLAGE OF ARLINGTON HEIGHTS (hereinafter sometimes referred to as "Arlington Heights"), the VILLAGE OF BUFFALO GROVE (hereinafter sometimes referred to as "Buffalo Grove"), the VILLAGE OF PALATINE (hereinafter sometimes referred to as "Palatine"), the VILLAGE OF WHEELING (hereinafter sometimes referred to as "Wheeling"), municipal corporations in Cook and Lake Counties, Illinois acting under the Constitution and laws of the State of Illinois, and each of them, (hereinafter sometimes referred to individually as the "Municipality" and collectively as the "Municipalities"), WHEREAS, the Commission has been created to acquire and operate a common source of supply of water and to develop facilities of sufficient capacity to furnish an adequate supply of potable water to Commission members and customers; and WHEREAS, each of the Municipalities has received from the State of Illinois Department of Transportation an allocation of Lake Michigan water as detailed in said Department's Administrative Opinion and Order LMO 80-4 and, in the case of Palatine, as modified in said Department's Administrative Opinion and Order LMO 81-3; and 1 WHEREAS, the Commission has entered into a Water Supply Contract with the City of Evanston, dated March 4, 1981, as amended, (hereinafter referred to as the "Evanston Contract") in order to have available Lake Michigan water in the quantities herein contracted to be sold by it to the Municipalities; and WHEREAS, the Commission and each of the Municipalities have previously entered into substantially identical Northwest Water Commission Water Supply Contracts dated April 6, 1981, and have amended said Water Supply Contracts by entering into substantially identical First Amendments thereto dated March 15, 1982, in the case of Arlington Heights, Buffalo Grove and Wheeling, and dated March 8, 1982 in the case of Palatine; and WHEREAS, the Commission and the Municipalities have previously on April 4, 1983 entered into a First Amended Water Supply Contract("1983 Agreement"), an Amendment to the 1983 Agreement dated September 5, 1990 and a Second Amendment to the 1983 Agreement dated September 20, 1993; and WHEREAS, each of the Municipalities owns its own waterworks system (hereinafter referred to as the "Municipal Systems" and generally depicted in Exhibit A attached hereto and by this reference incorporated herein and made a part hereof), and is desirous of ensuring an adequate and dependable public water supply; and WHEREAS, the Commission and the Municipalities desire to enter into this Contract in order to consolidate the provisions of the aforementioned Water Supply Contracts, First Amendments, and to provide for other necessary and appropriate amendments to said contracts, amendments and agreement; and WHEREAS, by entering into this Contract, the parties intend that it shall supersede the aforementioned contracts and amendments and that from and after the effective date of this 2 Contract said contracts and amendments shall become null and void and that this Contract shall thereupon become the entire agreement between and among the Commission and the Municipalities with regard to the matters addressed herein; and WHEREAS, the parties each hereby acknowledge that the Commission will use this Contract as the basis for obtaining credit through the issuance of the Commission's Bonds or other instruments of debt as authorized by law and as the source of funds for payment of the principal, of, premium, if any, and interest on such Bonds, for the payment of its construction, maintenance and operating expenses, and for the establishment and maintenance of accounts and reserves for such purposes as may be required or authorized by applicable statutes and the ordinance or ordinances authorizing the issuance of the Bonds or other instruments of debt; and WHEREAS, by the execution of this Contract, the Municipalities are surrendering none of their rights to the ownership and operation of their respective Municipal Systems, nor is the Commission surrendering any of its rights to the ownership and operation of its Water Supply System, but each expressly asserts its ownership of and continued right to operate such Systems consistent with this Contract; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements herein contained, and pursuant to authority under the Constitution and laws of the State of Illinois, and particularly Chapter 65, Article 11, Division 135, Illinois Compiled Statutes (65 ILCS 5/11-135, et seq.), 2012; Article VII, Section 10 of the Illinois Constitution of 1970; Chapter 127, Section 741 et seq., Illinois Compiled Statutes, 2012; and the home rule powers of the Municipalities, the Commission and the Municipalities hereby agree as follows: 1. Water SgDply. (a) Quanti1y. Subject to the provisions stated in this Contract, each of the 3 Municipalities agrees to purchase from the Commission and the Commission agrees to sell to each of the Municipalities, an amount of Lake Michigan water necessary from time to time to serve the full water requirements of all present and future customers of the respective Municipalities Municipal Systems, including municipal use, system leakage and metering losses, located within or without the corporate limits of such Municipalities (hereinafter referred to as the Municipalities respective "Full Water Requirements"); provided, however, that the Commission's obligation to deliver water to each Municipality hereunder during each calendar year shall be limited to a maximum annual amount determined on the basis of that Municipality's average daily water allocation in effect for such calendar year as set forth in Exhibit B attached hereto and by this reference incorporated herein and made a part hereof (hereinafter referred to as each Municipality's "Allocation"); and provided further that the maximum quantity of water that the Commission shall be required to deliver to any Municipality in any one day shall be an amount equal to 1.8 times that Municipality's then average daily water allocation as set forth in Exhibit B. (b) Quali1y. The Commission shall provide in any and all contracts for its water supply that all water delivered to the Commission under said contracts shall be of such quality, at the point of delivery to the Commission under said contracts, as to meet the requirements of any Federal, State or local agency as shall have jurisdiction from time to time for establishing public water supply standards. The Commission shall use its best efforts to prevent contamination during transmission from said point of delivery to the Municipalities respective Points of Delivery. The Commission shall not, however, be responsible for water treatment except to the extent necessary to mainatain bacteriological standards in accordance with applicable regulations. 4 (c) "Take-or-Pay" Obligation. Notwithstanding any other provision of this Contract, if at any time any Municipality shall fail to take from the Commission its Full Water Requirements for whatever reason, that Municipality shall nevertheless be deemed to be taking such Full Water Requirements from the Commission for purposes of determining payments due the Commission under Paragraph 5 hereof. Each of the Municipalities hereby acknowledges its unconditional obligation to make all payments coming due under Paragraph 5 on the basis of its Full Water Requirements regardless of whether all or any portion of its Full Water Requirements are or are not received from or delivered by the Commission, regardless of the reason for any failure to receive or deliver such Full Water Requirements. (d) Commission Obligation. The Commission shall use its best efforts to remain in a position to furnish water as herein contracted to be sold to the Municipalities, but its obligation hereunder shall be limited by the completion and capacity of the Commission's Water Supply System; the amount of water from time to time available to the Commission, accounting for ordinary transmission loss, including standard metering error, between the Commission's source of supply and the Points of Delivery; and contracts between the Commission and its other customers. The Commission undertakes to use reasonable care and diligence to provide a constant supply of water as herein provided for, but reserves the right at any time to turn off the water in its mains for emergency and maintenance purposes. The Commission shall give forty- eight(48) hours' notice of any such turn-off, except that in emergencies it shall give notice which is reasonable under the particular circumstances. (e) Curtailments. In the event that it should become necessary for the Commission to limit the delivery of water through its Water Supply System for any reason, each of the Municipalities shall be entitled to receive during such period of curtailment its respective 5 pro-rata share, based upon the Municipalities' actual usage in the prior Service Year. Nothing in this Contract shall be construed to prohibit the Municipalities or any of them from serving their customers in cases of emergency from any source other than the Commission, including wells owned by the Municipalities and maintained for emergency use in accordance with applicable Rules of the Illinois Department of Transportation. It is expressly understood and agreed, however, that each of the Municipalities shall nevertheless be deemed to be taking its respective Full Water Requirements during any such period of curtailment or emergency for the purpose of determining payments due from it to the Commission under Paragraph 5 hereof, and no such curtailment or emergency shall in any way affect or relieve the Municipalities' respective payment obligations hereunder. 2. Storage, Delivery, Distribution and Conservation. (a) Municipality StorageRequirement.Requirement. Each of the Municipalities shall provide facilities adequate at all times to receive all water required to be delivered hereunder, and shall provide storage capacity for not less than their respective average daily water allocations from time to time as set forth in Exhibit B hereto. (b) Points of Delivery. Each Municipality's "Points of Delivery" shall be defined as the points of outlet where the water delivered hereunder leaves the Commission's Water Supply System and enters such Municipality's receiving storage facilities. The Points of Delivery of water to the Municipalities from the Commission's Water Supply System shall be at the following approximate locations and maximum required elevations: Arlington Heights: 1. 3702 N. Kennicott Avenue 777.0' U.S.G.S. 2. 1405 W. Kirchoff Road 739.0' U.S.G.S. 6 3. 222 N. Ridge 749.0' U.S.G.S. 4. 2302 N. Arlington Heights Road 747.2' U.S.G.S. Buffalo Grove: 1. 400 LaSalle Lane 683.25' U.S.G.S. 2. 120 Horatio Boulevard 678.0' U.S.G.S. 3. 345 S. Arlington Heights Road 731.0' U.S.G.S. 4. 525 N. Arlington Heights Road 703.25' U.S.G.S. Palatine: 1. Palatine High School 781.33' U.S.G.S. 2. Salt Creek at Michigan Avenue 763.68' U.S.G.S. Wheeling: 1. Commonwealth Ed./Soo Line R-O-W South of Lake Cook Road 695.00' U.S.G.S. 2. Wheeling Road North of Hintz Road 695.00' U.S.G.S. 3. Commonwealth Ed. R-O-W North of Old Willow Road 695.00' U.S.G.S. The location of Points of Delivery may change from time to time upon a unanimous vote of the Commissioners. A current list of all Points of Delivery shall be kept at the offices of the Commission. A change in the Points of Delivery shall not require an amendment to this Contract. (c) Delivery Pressure. Water shall be delivered at atmospheric pressure such that an air gap exists between the Commission's Water Supply System and each Municipality's receiving storage facilities; provided, however, that in the case of Wheeling's Points of Delivery, where water may be delivered at direct pressure during such periods, if any, when delivery 7 conditions are such that delivery takes place at a point higher than the maximum required elevation, and in the case of Buffalo Grove's second Point of Delivery (120 Horatio Boulevard), where a water line connecting a Village well to the receiving storage facility and to Buffalo Grove's Municipal System intersects the Water Supply System at a point located between the Commission's meter and said Point of Delivery, backflow prevention equipment will be provided and maintained in good working order at all times. (d) Operation of Municipal Systems. Each of the Municipalities agrees to operate its Municipal System from the Points of Delivery on to the consumer in such a manner as to at no time place the Commission and its Water Supply System in jeopardy of failing to meet (1) the regulations of any agency or governmental authority having jurisdiction over the operation of public water supply systems or(2)the commitments the Commission has to its other customers and to its water suppliers. Each of the Municipalities also agrees to notify the Commission as promptly as possible of all emergency and other conditions which may directly or indirectly affect the quantity or the quality of the water to be received hereunder or the Commission's Water Supply System or water supply. Each of the Municipalities further agrees to take reasonable measures to conserve water. 3. Measuring Equipment. (a) Commission Meters and Records. The Commission shall furnish, install, operate, maintain, repair and replace at its own expense at the Points of Delivery such metering equipment of a type meeting the standards of the American Water Works Association (hereinafter referred to as "AWWA") as shall be necessary for measuring properly the quantity of water delivered under this Contract, together with such structures as the Commission shall deem necessary to house such equipment and devices. The measurement of water delivered to 8 the Municipalities shall be by said equipment. Such meter or meters and other equipment so installed and structures so constructed shall remain the property of the Commission. Such structures and equipment shall be located upon land in which an ownership interest or appropriate easement rights have been provided to the Commission by the respective Municipalities for such purpose. Both the Commission and the respective Municipalities shall have access to such structures and equipment for examination and inspection at all reasonable times, but the reading for billing purposes, calibration and adjustment of the equipment shall be done only by the employees or agents of the Commission, not more than once in each calendar year, the Commission shall, if so requested in writing by any Municipality, calibrate its meters in the presence of representatives of each of the Municipalities. The parties shall jointly observe any adjustments which are made to the meters in case any adjustments shall be necessary. For the purpose of this Contract, the official record of readings of the meter or meters shall be the journal or other record book of the Commission in its office in which the records of the employees or agents of the Commission who take the readings are or may be transcribed. Upon written request of any Municipality, the Commission will give such Municipality a copy of such journal or record book, or permit the Municipality to have access thereto in the office, of the Commission during regular business hours. (b) Municipality Check Meters. Each of the Municipalities may, at its option and own expense, install and operate a check meter to check each meter installed by the Commission at such Municipality's Points of Delivery, but except in the cases hereinafter specifically provided to the contrary, the measurement of water for the purpose of this Contract shall be solely by the Commission's meters. All such check meters shall be of standard make, shall meet AWWA standards, and shall be subject at all reasonable times to inspection and 9 examination by any employee or agent of the Commission, but the calibration and adjustment thereof shall be made only by the respective Municipalities, except during any period when a check meter may be used pursuant to the provisions hereof for measuring the amount of water delivered, in which case the calibration and adjustment thereof shall be made by the Commission with like effect as if such check meter or meters had been furnished and installed by the Commission. Any calibration of such meters shall be done only in the presence of a representative of the Commission and the parties shall jointly observe any adjustment in case any adjustment is necessary. (c) Unit of Measurement, The unit of measurement for water delivered hereunder shall be gallons of water, U.S. Standard Liquid Measure, and all measuring devices shall, unless the parties otherwise agree, be so calibrated. In the event that it should become necessary or desirable to use other units of measurement, the basis of conversion shall be that 7.48 gallons is equivalent to one (1) cubic foot. (d) Meter Inaccuracy, Estimated Quantities. If any parry hereto at any time observes a variation between a delivery meter and any check meter, or any other evidence of meter malfunction, such parry shall promptly notify all of the other parties and the parties hereto shall then cooperate to procure an immediate calibration test and adjustment of such meter to accuracy and shall jointly observe any such adjustment. If, upon any test, the percentage of inaccuracy of any meter is found to be in excess of two percent (2%), the registration thereof shall be corrected, by agreement of the parties based upon the best data available, for a period extending back to the time when such inaccuracy began, if such time is ascertainable, and if such time is not ascertainable, then for a period extending back one-half (1/2) of the time elapsed since the last date of calibration, but in no 10 event further back than a period of six (6) months. If for any reason any meters are out of service or out of repair so that the amount of water delivered cannot be ascertained or computed from the reading thereof, the water delivered during the period such meters are out of service or out of repair shall be estimated and agreed upon by the parties hereto upon the basis of the best data available. For such purpose, the best data available shall be deemed to be the registration of any check meter or meters if the same have been installed and are accurately registering. Otherwise, the amount of water delivered during such period may be estimated (1) by correcting the error if the percentage of the error is ascertainable by calibration tests or mathematical calculations, or (2) if the error is not ascertainable by calibration tests or mathematical calculation, by estimating the quantity of delivery by considering other data deemed relevant by the Parties, including but not limited to deliveries during preceding periods when the meter or meters were registering accurately. During any period of such disagreement, the Commission's estimate of water delivered shall be used for the purpose of computing payments due under this Contract, and any adjustments based upon later resolution of such disagreement shall be made by appropriate adjustments to the quarterly installment payments of the affected Municipalities' Annual Charges remaining to be paid during the Service Year. (e) Notice of Tests, Calibrations and Adjustments. Each party shall give the other parties forty-eight(48) hours' notice of the time of all tests, calibrations and adjustments of meters so that the other parties may conveniently have a representative present. If said representatives are not present at the time set in such notice/testing, calibration and adjustment, then the party may, notwithstanding any other provision of this Paragraph, proceed in the absence of said representatives. 11 4. Satisfaction of Payment Obligations under 1983 Agreement. (a) It is hereby understood and agreed that all payments required pursuant to Paragraph 4 of the 1983 Agreement have been paid. 5. Charges; Computation and Terms of Payment. (a) Annual Charges. Each of the Municipalities agrees to pay the Commission, during each "Service Year," an "Annual Charge" which shall be the respective "Municipality's Share" of the Commission's "Net Annual Cost". The "Service Year" shall extend from May 1 to April 30. The dates for a service year may be changed by majority vote of the Commissioners. Each "Municipality's Share" shall be a fraction of which (1) the numerator is the amount of water delivered (or deemed to be delivered under subparagraph l(c) above if less than its Full Water Requirements are taken) to that Municipality by the Commission during the prior twelve consecutive month period ended on December 31 immediately preceding the start of the Service Year in question and (2) the denominator is the total amount of water delivered (or deemed to be delivered under subparagraph l(c) above if less than their total Full Water Requirements are taken) to all of the Municipalities by the Commission during such twelve consecutive month period. The Commission's "Net Annual Cost" shall be an amount determined by the Commission as the excess of"Commission Expenses" over "Commission Receipts" during the Service Year. "Commission Expenses" shall be those amounts determined from time to time by the Commission to be necessary: (1) to pay, as they come due, the costs of operation and maintenance of the Commission's Water Supply System, including those charges payable by the Commission under the Evanston Contract; (2) to pay, as they come due, the principal of, at maturity or pursuant to mandatory redemption requirements, premium, if any, and interest on 12 any loans obtained or bonds issued by the Commission; (3) to provide an adequate depreciation fund for the Commission's Water Supply System as determined by the Commission on the basis of its statutory duties and its obligations under the Bonds and the ordinance or ordinances authorizing the issuance of the Bonds; (4) to comply with the covenants of the ordinance or ordinances authorizing the issuance of any loans obtained or bonds issued by Commission; (5) to meet parity bond requirements of the ordinance or ordinances authorizing the issuance of any loans obtained or bonds issued by Commission; (6) to repay all obligations incurred by the Commission for which other adequate provision has not been made; and (7) to fund other such reserves as are deemed appropriate and prudent by the Commission. Commission Receipts shall be those amounts (if any)determined from time to time by the Commission to be available from (1) rates and charges to be collected by the Commission under water service contracts with Commission customers or members other than the Municipalities; (2) any other revenues (other than revenues collected by the Commission pursuant to this Contract) to be collected by the Commission for or with respect to the use or services of its Water Supply System; (3) interest to be credited to the Water Fund established by the initial ordinance authorizing the issuance of any loans obtained or bonds issued by Commission; and (4) any surplus on hand, without regard to its source, and, in the sole discretion of the Commission, available to the Commission to pay or provide for Commission Expenses during the Service Year. The Commission's financial books and records shall be audited annually by a qualified independent certified public accountant. Each of the Municipalities shall be provided with a report of each such annual audit. On or before two months prior to the commencement of a new fiscal year, the 13 Commission shall prepare a budget for the next following Service Year and shall in such budget determine the Net Annual Cost and each Municipality's Share thereof, and each Municipality's Annual Charge for the next following Service Year. The Commission shall then deliver to each of the Municipalities a statement of such Net Annual Cost, that Municipality's Share thereof and its Annual Charge, which statement shall include a detailed explanation of the computations thereof. Said statement shall serve as the basis for each Municipality's payment of its Annual Charge during the said next following Service Year. Following receipt of the aforesaid statement each of the Municipalities shall pay to the Commission, without further demand by the Commission, said Municipality's Annual Charge. Said Annual Charge shall be paid in advance in four installments as follows: 30% of the Annual Charge on or before May 1 and August 1, and 20% of the Annual Charge on or before November 1 and February 1 of each Service Year. Payments under this Contract shall be made to the Commission at its principal office or, upon written notice to the Municipalities, directly to a bank or trust company selected by the Commission as a depository of funds received hereunder to carry out the purposes of this Contract. Throughout the duration of each Service Year, the Commission shall analyze and, if necessary, revise its budget and review each Municipality's Share and its Annual Charge required hereunder to determine if such Annual Charges are sufficient to meet the Commission's reasonably foreseeable obligations as they come due and to determine if said Municipality's Shares are equitable as among the Municipalities. In the event that such Annual Charges are deemed not sufficient for any reason, or in the event that such Municipality's Shares are deemed inequitable due to any substantial unforeseen change in any Municipality's water needs, the Commission shall adjust any or all of the Municipalities' Annual Charges to provide sufficient 14 and equitable amounts provided, however, that in no event shall the Municipalities' Annual Charges, taken together, be less than an amount sufficient to cover the Net Annual Cost; and, provided further, that no such adjustment shall be permitted if, as a result, the Commission would not be able to meet Commission Expenses as they came due or if such adjustment would violate any Commission obligation under any loans obtained or bonds issued by Commission or the ordinance or ordinances authorizing the issuance of any loans obtained or bonds issued by Commission. A detailed statement setting forth the reason for any such adjustments and the calculation thereof shall be delivered to each of the Municipalities no less than thirty (30) days prior to the due date of the first installment payment to be based thereon. Any additional amounts due the Commission or reductions due any Municipality pursuant to any such adjustment shall be paid or credited, as the case may be, in equal installments as part of the installment payments remaining to be paid during the Service Year in question. In addition to any adjustments that may be made pursuant to the foregoing paragraph, the Commission may also bill the Municipalities for their respective Municipality's Shares of any amounts required by the Commission to cover any final Quantity Charge issued by the City of Evanston or any other water supplier to the Commission pursuant to the provisions of the Evanston Contract or contract with any other water supplier, and each of the Municipalities hereby agrees to pay the amount of any such bill to the Commission within 21 days after delivery by the Commission of such bill. (b) Guarantee Payment. In the event that any Municipality shall fail to make in full any quarterly installment payment claimed by the Commission to be due under subparagraph 5(a) hereof, and such non-payment shall continue for a period in excess of thirty (30) days from the due date, each of the other, non-defaulting Municipalities agrees that it shall, 15 on each of its regular quarterly installment payment dates following such non-payment and until all arrearages, including any additional non-payments by the defaulting Municipality, have been eliminated, make, in addition to all other payments hereunder required, a quarterly "Guarantee Payment" which shall be calculated by multiplying its "Guarantee Share" by the "Guarantee Revenue Need". Each non-defaulting Municipality's "Guarantee Share" shall be a fraction of which (1)the numerator is the amount of water delivered, or deemed to be delivered under subparagraph 1(c) hereof, to that Municipality during the most recent quarterly billing period for which the Commission has complete data and (2)the denominator is the total amount of water delivered, or deemed to be delivered under subparagraph 1(c) hereof, during the same quarterly period to all of the Municipalities which are then not in default in their payments due to the Commission pur- suant to this Paragraph 5. The "Guarantee Revenue Need" shall be an amount determined by the Commission to be necessary to be collected on or before the next quarterly installment payment date in order to permit the Commission to meet all of its obligations as they come due, including amounts sufficient: (1) to pay the costs of operation and maintenance of the Water Supply System, including those charges payable by the Commission under the Evanston Contract; (2) to provide an adequate depreciation fund for the Water Supply System as determined by the Commission on the basis of its statutory duties and its obligations under any loans obtained or bonds issued by Commission and the ordinance or ordinances authorizing the issuance of any loans obtained or bonds issued by Commission; (3) to pay the principal of, at maturity or pursuant to mandatory redemption requirements, premium, if any, and interest on the Bonds; (4) to comply with the covenants of the ordinance or ordinances authorizing the issuance of any loans obtained or bonds 16 issued by Commission; and (5) to carry out the Commission's corporate purposes and powers, notwithstanding the defaulting Municipality's failure to make the payments claimed to be due from it under this Paragraph 5. For purposes of this subparagraph (b), a "sufficient" amount shall mean an amount adequate, when taken together with any and all other amounts available, in the sole discretion of the Commission, to enable the Commission to meet its obligations and responsibilities as they come due, including without limitation the making of all deposits required to be made under the ordinance or ordinances authorizing the issuance of any loans obtained or bonds issued by Commission. The Commission agrees to notify each non-defaulting Municipality of the amount of any Guarantee Payment required under this subparagraph (b) at least 30 days in advance of the next quarterly installment payment date, to supply the Municipality with all supporting calculations, and to certify to the Municipality that the Guarantee Payment is necessary to permit the Commission to meet its obligations as they come due. The Commission further agrees to advise the non-defaulting Municipalities of steps being taken to cure the default. Nothing in this subparagraph (b) shall be construed to relieve the defaulting Municipality of its obligation to make all payments due hereunder, calculated in accordance with subpara- graphs 5(a) and without regard to this subparagraph (b), or to limit the rights of the Commission, the non-defaulting Municipalities, the holders of any loans obtained or bonds issued by Commission or any trustee appointed for the benefit of the holders of any loans obtained or bonds issued by Commission from enforcing this Contract at law or in equity, by specific performance, mandamus or otherwise. The Commission agrees to reimburse the non-defaulting Municipalities for any additional sums paid by them as Guarantee Payments in accordance with this subparagraph (b), together 17 with interest thereon at the rate of interest actually paid to the Commission on the past due amounts under subparagraph 6(b), by appropriate adjustments to the quarterly installment payments of the non-defaulting Municipalities' Annual Charges, at such time as the past due amounts have been paid to the Commission and become available in the Surplus Account or such other fund or account from which such reimbursement may be paid under the ordinance or ordinances authorizing the issuance of any loans obtained or bonds issued by Commission; provided, however, that the parties hereto hereby acknowledge and agree that the Commission's reimbursement obligation under this subparagraph (b) shall be subordinate to the Commission's obligations under the ordinance or ordinances authorizing the issuance of any loans obtained or bonds issued by Commission and applicable statutes. (c) Commission Dissolution. In the event of a dissolution of the Commission, Commission assets shall be distributed to each of the Municipalities according to their respective percentage of water used in the prior five (5) Service Years. 6. Disputes and Defaults of Payment Obligations. (a) Payment Disputes, Obligation to Make Disputed Payments; Right to Refund. In the event that any of the Municipalities desires to dispute all or any part of any payment claimed by the Commission to be due pursuant to this Contract, or the basis for any such payment, that Municipality shall nevertheless pay the full amount of such payment when claimed by the Commission to be due and shall provide written notification to the Commission, not later than the due date of such payment, that the payment is disputed, the grounds for dispute and the amount in dispute, and shall also provide a copy of such notification to each of the other Municipalities. Upon any notification of dispute given as hereinabove set forth representatives of the 18 Commission shall meet with representatives of the disputing Municipality to resolve such dispute. In the event that said representatives are unable to resolve the dispute within thirty (30) days following the date of notification the dispute shall be deemed unresolved, unless extended mutually by the parties, and the parties shall be allowed to pursue any and all remedies under this Contract. The existence of such dispute shall not excuse the Municipality in question from continuing to make all payments from time to time claimed by the Commission to be due under this Contract as such payments come due; provided, however, that should any such dispute be finally resolved in favor of the Municipality so as to establish that excessive payments were demanded by the Commission and paid by said Municipality, the excess amounts of said payments, together with interest on such amounts at the highest legal rate payable by the Commission, not to exceed 75% of the prime rate of interest established by the largest bank in the State of Illinois measured in terms of total assets, shall be refunded to said Municipality by means of a credit on its first quarterly installment payment due for the Service Year next following the Service Year in which such dispute is finally resolved or on such earlier quarterly installment payment as may be agreed to by the Commission. No Municipality shall be entitled to any adjustment or relief on account of any disputed charges unless the disputed charges are brought to the attention of the Commission within the time and in the manner herein specified, or within a reasonable period from the time the Municipality knew or should have known of the facts giving rise to the dispute. (b) Payment Defaults. In the event that any Municipality shall fail to make, on or before the due date, any payment or portion thereof claimed by the Commission to be due pursuant to this Contract, interest on the amount of such payment or unpaid portion thereof shall, whether or not such payment is disputed, accrue during the period of non-payment at the then 19 maximum legal rate payable by that Municipality, not to exceed 100% of the prime rate published by the Wall Street Journal measured in terms of total assets. In the event that any payment or portion thereof claimed by the Commission to be due pursuant to this Contract is not made within thirty (30) days from the date such payment becomes due, the Commission may at its option and in its discretion, and whether or not such payment is disputed, reduce or discontinue delivery of water to the defaulting Municipality until the amount claimed to be due to the Commission is paid in full with interest as herein specified. The Commission shall give the defaulting Municipality ten (10) days notice of its intention to reduce or discontinue delivery of water in accordance with this subparagraph (b) and shall provide the defaulting Municipality a reasonable opportunity for a hearing prior to any reduction or discontinuance. If the Commission reduces or discontinues the delivery of water under such circumstances, the Municipality shall, nevertheless, continue to be liable to make all payments hereunder as if it were taking its Full Water Requirements. (c) Remedies. In addition to the rights specified in subparagraph (b), the Commission, any non-defaulting Municipality, the holders of any loans obtained or bonds issued by Commission and any trustee appointed for the benefit of the holders of any loans obtained or bonds issued by Commission shall have all other rights and remedies available at law or in equity for breach of any of the provisions of this Contract, including the right to specifically enforce such provisions or to seek mandamus, which rights shall be available with respect to any and all payments claimed to be due hereunder, whether or not such payments are in dispute, it being the intent of the parties that said payments shall continue to be made during periods of dispute, subject to refund as provided in subparagraph 6(a) above in the event that such dispute is resolved in favor of a disputing Municipality. 20 7. Covenants. (a) Conditions. It is expressly understood and agreed that any obligation on the part of the Commission to finance, construct, maintain, improve, expand, and operate the Water Supply System and to deliver water hereunder shall be conditioned upon the following: (1) receiving the necessary permits and approvals of all Federal, State and local governmental entities and agencies having jurisdiction over the project or any aspect of it; (2) sale of any loans obtained or bonds issued by Commission in an amount to provide for the construction and acquisition of the Commission's Water Supply System; (3) the Commission's ability to obtain all necessary material, labor, and equipment necessary for construction and/or maintenance of the Commission's Water Supply System; (4) the Commission's ability to secure and maintain an adequate water supply under the Evanston Contract or through other available means; and (5) the respective Municipalities construction and maintenance of all equipment and facilities necessary to receive and take water from the Commission at the Points of Delivery. (b) Continuous SUply; Additional Supplies. The Commission shall, subject to the other terms and conditions of this Contract, continually hold itself ready, willing, and able to supply water to the Municipalities. The Commission shall also use its best efforts, consistent with its legal obligations to its other members and customers and consistent with fair and equitable treatment of all of its members, to supply the Municipalities with such additional amounts of water as may from time to time be allocated to any of them by the Illinois Department of Transportation over and above the allocation amounts set forth in Exhibit B hereto, but the Commission does not hereby guarantee to supply such additional amounts. (c) Title; Liability; Hold Harmless. Title to all water supplied hereunder shall remain in the Commission to the Points of Delivery, and upon passing each Point of Delivery, 21 title to the Water shall pass to the respective Municipalities. Each parry hereto hereby agrees to save and hold the other parties harmless from all claims, demands, and causes of action which may be asserted by anyone on account of the transportation, delivery, and disposal of water while title is in such parry. This covenant is not made for the benefit of any third parry. (d) Commission Charges and Rates Covenant. The Commission hereby covenants to establish such charges and rates for water supplied to the Municipalities as will be sufficient at all times (1) to pay the costs of operation and maintenance of its Water Supply System, including those charges payable by the Commission under the Evanston Contract; (2) to provide an adequate depreciation fund for its Water Supply System as determined by the Commission on the basis of its statutory duties and its obligations under any loans obtained or bonds issued by Commission and the ordinance or ordinances authorizing the issuance of the Bonds any loans obtained or bonds issued by Commission; (3)to pay the principal of, at maturity or pursuant to mandatory redemption requirements, premium, if any, and interest on any loans obtained or bonds issued by Commission; (4) to comply with the covenants of the ordinance or ordinances authorizing the issuance of any loans obtained or bonds issued by Commission; and (5)to carry out its corporate purposes and powers. For purposes of this subparagraph (d), a "sufficient" amount shall mean an amount adequate, when taken together with any and all other amounts available, in the sole discretion of the Commission, to enable the Commission to meet its obligations and responsibilities as they come due, including without limitation the making of all deposits required to be made under the ordinance or ordinances authorizing the issuance of any loans obtained or bonds issued by Commission. (e) Municipality Charges and Rates Covenant, Each of the Municipalities 22 hereby covenants to establish such charges and rates for water supplied by it to consumers as will be sufficient at all times (1) to pay the cost of operation and maintenance of its Municipal System, including those amounts necessary to pay the charges and rates established by the Commission hereunder; (2)to provide an adequate depreciation fund for such Municipal System; (3) to pay the principal of and interest on all of its revenue bonds payable from the revenues of its Municipal System and to meet all other requirements of any ordinances authorizing its revenue bonds for water or sewer purposes; and (4) to pay the charges and rates established by the Commission for the sale of water by the Commission to the Municipalities. For purposes of this subparagraph (e), a "sufficient" amount shall mean an amount adequate, when taken together with any and all other amounts which have been set aside, in cash or investments, in a separate account and legally designated, pledged and appropriated for the purpose of making payments due under Paragraph 5 of this Contract, to enable the Municipality to make all such payments as they come due. (f) Additional Municipality Covenants. Each of the Municipalities further covenants: (1)to operate and maintain its Municipal System in good repair and working order so as at all times to be in a position to receive and distribute the water required to be purchased from the Commission pursuant to this Contract; (2)to continue to possess, control and operate its Municipal System and dispose of components of such System only to the extent that such components are no longer useful in the operation of the Municipal System, and not to mortgage or encumber such System (except for such pledge of revenues as may be required to issue its bonds payable from the revenues of said System in accordance with applicable law and the provisions of this Contract); (3) to carry insurance or other risk management protection on its Municipal System of the kinds and in the amounts which are customarily carried by parties 23 operating similar facilities; (4) to use its best efforts to continue serving all current customers of its Municipal System, and to cause its Municipal System to be expanded to serve all future water users in the Municipality, all to the fullest extent allowable by law; (5) to use its best efforts to maintain in effect at all times a Lake Michigan water allocation that will satisfy its Full Water Requirements; (6) to provide the Commission with a report of all water taken from any source other than the Water Supply System within 10 days after the end of any calendar month in which it takes such water; (7) to provide for the segregation of all revenues from its Municipal System in a separate Municipality fund not to be commingled with any other Municipality funds and to provide for the application of such revenues for purposes of making the payments due under Paragraph 5 hereof, and (8) to make all budgetary, emergency and other provisions and appropriations necessary to provide for and authorize the prompt payment to the Commission of all amounts claimed by the Commission to be due under this Contract. (g) Character of Payment Obligations as Water Revenue Obligations. This Contract shall not be construed to constitute an indebtedness of any of the Municipalities within the meaning of any statutory or constitutional limitation. It is expressly understood and agreed that all payments to be made hereunder by the Municipalities may be required to be made only from revenues to be derived by each of them from the operation of their respective Municipal Systems, and this Contract shall be a continuing, valid and binding obligation of each of the Municipalities payable from such revenues throughout the term hereof. Without in any manner limiting the foregoing provisions of this subparagraph (g), it is also expressly understood and agreed that the aforesaid revenues from the operation of the said Municipal Systems shall remain available for payments due or claimed to be due under this Contract without regard to any designation of such revenues by the Municipalities from time to time as operating revenue, 24 retained earnings, reserves, surplus or otherwise. Nothing in this subparagraph (g) or this Contract shall, however, prohibit any Municipality from using any other legally available funds for payments due hereunder. (h) Character of Payment Obligations as Operating Expenses. Inasmuch as obtaining water is an essential item of expense of a waterworks system, each of the Municipalities hereby represents and covenants that all payments required to be made by it pursuant to the provisions of Paragraph 5 hereof shall constitute operating expenses of its Municipal System and that such payments will constitute operating expenses as to any and all revenue bonds of that Municipality which are supported in whole or in part by a pledge of the revenues of its Municipal System, with the effect that such Municipality's obligation to make payments from its water revenues under this Contract has priority over its obligation to make payments of the principal of and interest on any such bonds which are or will be supported in whole or in part by a pledge of that Municipality's Municipal System revenues. Consistent with this subparagraph (h), each of the Municipalities hereby covenants and agrees that from and after the date of this Contract, any ordinance or resolution to be passed by it authorizing the issuance of Municipality obligations to be paid from the revenues of its Municipal System shall expressly provide that the revenues of the Municipal System may be used to pay the principal of and interest on such obligations only to the extent that those revenues exceed amounts required to pay the operating expenses of the Municipality's Municipal System, including all payments to be made by it under this Contract regardless of whether water is being delivered or is ever delivered to the Municipality hereunder. Without in any manner limiting the foregoing provisions of this subparagraph (h), it is also expressly understood and agreed that the obligation of each of the Municipalities under this Contract shall be enforceable against and collectable from any monies 25 from time to time available in any of the various accounts and funds, including reserve and surplus accounts, maintained by the respective Municipalities in connection with their Municipal Systems. 8. Service to Others. Except for this Contract, no contract for the sale of water by the Commission to any customer shall be entered into unless authorized by a majority vote of the Commissioners and unless such contract contains rates or charges to any customer that are at least equivalent to the rates and charges provided by this Contract for the Municipalities. The Commission hereby acknowledges that future customers, other than the Municipalities, will not have incurred the same risks nor undertaken the same financial obligations, as the Municipalities, and the Commission hereby agrees to take account of the risks and obligations undertaken by the Municipalities, including the fact that certain amounts paid by the Municipalities, and which were not to be repaid or were repaid only in part, when determining rates and charges to be included in contracts for water service to such future customers. The addition of new members to the Commission shall require the affirmative vote of the governing bodies of the Municipalities. 9. Force Majeure. In case by reason of Force Majeure any parry hereto shall be rendered unable wholly or in part to carry out any of its obligations under this Contract, then if such party shall give notice and full particulars of such Force Majeure in writing to the other parties within a reasonable time after occurrence of the event or cause relied on, the obligation of the parry giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, but for no longer period, and any such parry shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of public enemy, orders of any kind of the Government of the United States, of 26 the State of Illinois, or of any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines, canals, or tunnels, partial or entire failure of water supply, and inability on the part of the Commission to deliver water hereunder or of the Municipalities to receive water hereunder, on account of any other causes not reasonably within the control of the parry claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the parry having the difficulty and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing parry or parties when such settlement is unfavorable to it in the judgment of the parry having the difficulty. Notwithstanding the foregoing, Force Majeure shall not relieve any of the Municipalities of their respective obligations to make, when due, all payments as required under this Contract whether or not such Force Majeure results in a delay, interruption or termination of water delivery to such Municipality. 10. Modification. Except as provided herein, this Contract may be changed or modified only with the unanimous consent of the Commissioners. Such modification may be requested by any parry, in which event, unless the parties agree to some other procedure, a joint meeting of the Commissioners shall be held not more than ninety (90) days after the giving of such notice, at which joint meeting the requested changes or modifications shall be considered and discussed. No such change or modification shall be made which will affect the rights and interests of the holders of any loans obtained or bonds issued by Commission except in accordance with the provisions of the ordinance or ordinances authorizing the issuance of any 27 loans obtained or bonds issued by Commission. 11. Non-Assi_ng ability. No party shall assign, sublet, or transfer this Contract or any rights or interests herein without the written consent of the Commission and all of the Munici- palities, except that this provision shall not be deemed to preclude the Commission from including in any bond covenants or any ordinance or ordinances authorizing the issuance of any loans obtained or bonds issued by Commission any provisions of whatever nature giving bondholders or any trustee appointed for their benefit rights in or under this Contract, including, without limitation, the right to enforce the provisions of this Contract. It is hereby expressly agreed that in the event of the appointment of a trustee or trustees for the benefit of the holders of any loans obtained or bonds issued by Commission, such trustee or trustees may take whatever action at law or in equity it or they shall deem necessary or desirable to collect any payments or other amounts then due or thereafter to become due hereunder or to enforce performance and observance of any obligation, agreement or covenant of the parties hereto or of any of them, including, without limitation, the securing of mandamus or specific performance of the provisions of this Contract. 12. Re_ug latory Bodies. This Contract shall be subject to all valid rules, regulations, and laws applicable hereto passed or promulgated by the United States of America, the State of Illinois, or any governmental body or agency having lawful jurisdiction, or any authorized representative or agency of any of them; provided, however, that this Paragraph shall not be con- strued as waiving the right of any parry to challenge such jurisdiction or the validity of any such rule, regulation, or law on any basis, including the impairment of this Contract. 13. Notices. Except in cases of emergency, all notices or communications provided for herein shall be in writing and shall be delivered to the Municipalities or the Commission 28 either in person or by United States mail, via registered mail, return receipt requested, postage prepaid, addressed to the Municipalities as follows: Village Manager Village of Arlington Heights 33 South Arlington Heights Road Arlington Heights, Illinois 60005 Village Manager Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, Illinois 60090 Village Manager Village of Palatine 200 East Wood Street Palatine, Illinois 60067 Village Manager Village of Wheeling 255 West Dundee Road Wheeling, Illinois 60090 or addressed to the Commission as follows: Executive Director Northwest Water Commission 1525 North Wolf Road Des Plaines, IL 60016 until and unless other addresses are specified by notice given in accordance herewith. Notices and communications shall be deemed to be given or delivered on the date of delivery, if in person, or two days (excluding Saturdays, Sundays and holidays) after deposit in the mail, if by United States mail. Notice which is reasonable in view of the circumstances shall be given in cases of emergency. 14. Severability; Conflicts. Should any part, term, or provision of this Contract be determined by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining portions or provisions shall not be affected thereby. 29 It is expressly understood and agreed that in the event that there should at any time be any conflict or possibility of conflict between the provisions of this Contract and the provisions of the ordinance or ordinances authorizing the issuance of any loans obtained or bonds issued by Commission regarding the obligations of the Commission and the Municipalities, the provisions of the ordinance or ordinances authorizing the issuance of any loans obtained or bonds issued by Commission shall prevail. 15. Effective Date and Term. This Contract shall become effective at such time as it has been duly executed by the Commission and all of the Municipalities and shall continue in force and effect for a period of forty (40) years from the effective date of this Contract. The Municipalities and the Commission agree to begin negotiation of a succeeding Water Supply Contract not later than five (5) years prior to the termination of this Contract. 16. Entire Agreement. From and after the effective date of this Contract, this Contract shall be deemed to and it shall supersede the following Agreements: Northwest Water Commission Water Supply Contract for the Village of Arlington Heights, dated April 6, 1981 Northwest Water Commission Water Supply Contract for the Village of Buffalo Grove, dated April 6, 1981 Northwest Water Commission Water Supply Contract for the Village of Palatine, dated April 6, 1981 Northwest Water Commission Water Supply Contract for the Village of Wheeling, dated April 6, 1981 First Amendment to Water Supply Contract for the Village of Arlington Heights, dated March 15, 1982 30 First Amendment to Water Supply Contract for the Village of Buffalo Grove, dated March 15, 1982 First Amendment to Water Supply Contract for the Village of Palatine, dated March 8, 1982 First Amendment to Water Supply Contract for the Village of Wheeling, dated March 15, 1982 Intergovernmental Agreement Providing for Proportionate Transfers of Funds Between the Northwest Water Commission and its Member Municipalities dated March 15, 1982 First Amended Water Supply Contract Between the Northwest Water Commission and the Village of Arlington Heights, the Village of Buffalo Grove, the Village of Palatine, the Village of Wheeling dated April 4, 1983 First Amendment to the First Amended Water Supply Contract dated September 5, 1990 Second Amendment to the First Amended Water Supply Contract dated September 20, 1993 and said Agreements shall thereupon become null and void and of no further force or effect, and this Contract shall thereupon become the entire agreement between the Commission and the Municipalities with regard to the matters addressed herein. IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this Contract to be duly executed in several counterparts, each of which shall constitute an original all as of the day and year first written above. 31 ATTEST: NORTHWEST WATER COMMISSION By Chairman VILLAGE OF ARLINGTON HEIGHTS By Village President VILLAGE OF BUFFALO GROVE By Village President VILLAGE OF PALATINE By Mayor VILLAGE OF WHEELING By President 32 Index of Defined Terms Term Page Paragraph 1983 Agreement.......................................2 AWWA....................................................8 3 (a) Allocation ................................................4 1 (a) Annual Charge.........................................12 5 (a) Arlington Heights ....................................1 Buffalo Grove..........................................1 Commission.............................................1 Commission Expenses.............................12 5 (a) Commission Receipts ..............................12 5 (a) Contract....................................................1 Evanston Contract....................................2 Force Majeure..........................................26 9 Full Water Requirements.........................4 1 (a) Guarantee Payment..................................16 5 (b) Guarantee Revenue Need ........................16 5 (b) Guarantee Share.......................................16 5 (b) Municipality(ies)......................................1 Municipality's Share................................12 5 (a) Municipal Systems...................................2 Net Annual Cost......................................12 5 (a) Palatine .................................................... 1 Points of Delivery....................................6 2 (b) Service Year.............................................12 5 (a) Wheeling.................................................. 1 33 EXHIBIT A NORTHWEST WATER COMMISSION WATER SUPPLY SYSTEM AND MUNICIPALITY MUNICIPAL SYSTEMS [ON FILE WITH THE NORTHWEST WATER COMMISSION] A-1 EXHIBIT B LAKE MICHIGAN ALLOCATIONS* (In million gallons per day) Arlington Palatine Wheeling Buffalo Heights Grove 1984 8.316 6.088 2.497 2.456 1985 8.350 6.193 2.690 2.594 1986 8.384 6.290 2.774 2.717 1987 8.418 6.437 2.858 2.840 1988 8.452 6.585 2.942 2.964 1989 8.486 6.731 3.026 3.087 1990 8.520 6.879 3.110 3.210 2000 8.850 7.706 3.650 4.487 2010 9.180 7.859 3.716 4.507 2020 9.500 8.505 4.005 4.920 * As amended from time to time by IDNR B-1 See appendix: Appendix003- FIRST AMENDED AND RESTATED WATER SUPPLY CONTRACT (Redline 10- 15-13).pdf Ordinance No. 2013-73: Approving a special use for a recreation facility in the Industrial District, EPIC Power & 11-B Conditioning, 1620 Barclay Blvd .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. Overview Josh and Heather Refenes are requesting a special use to conduct physical fitness training activities at 1620 Barclay Boulevard. The property is zoned in the Industrial District, and a special use is required for a recreation use. The location is a lease space of 2,000 square feet in the multi-tenant building in the Rogers Centre for Commerce at the southwest corner of Barclay Boulevard and Aptakisic Road. The Plan Commission conducted a public hearing on October 2, 2013 and voted 8 to 0 to recommend approval of the special use. The draft ordinance and exhibits are attached. Next Steps Review of building permit. Prior Actions Referral of petition to the Plan Commission. Anticipated Future Board Actions None Attachments Ord&exhibits-draft EPIC Power, 1620 Barclay Blvd.pdf EPIC Power, 1620 Barclay Blvd Location map,aerial and site plan.pdf Trustee Liaison Staff Contact Trustee Terson Robert E Pfeil,Planning M.on.daY>............October ...2.1.......> 2013. . .. ........................................................................................................Ord nances...and...Resol ut.ons...._...Ite.m........1..1.._B............................................................ 10/15/2013 ORDINANCE NO. 2013—72 AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS EPIC Power& Conditioning LLC 1620 Barclay Boulevard Rogers Center for Commerce—West WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property legally described in Exhibit A ("Property") attached hereto is zoned in the Industrial District as a Planned Unit Development pursuant to Ordinance No. 88- 72; and, WHEREAS, Arthur J. Rogers & Company is the owner of the Property; and, WHEREAS, EPIC Power & Conditioning LLC, an Illinois limited liability company, ("Petitioner") as lessee of the Property, has petitioned to the Village for approval of a special use in the Industrial District to operate a recreation facility including personal training and physical fitness activities in a space of 2,000 square feet at 1620 Barclay Boulevard, WHEREAS, the facility would be operated in accordance with and pursuant to the following exhibits: EXHIBITA Legal Description EXHIBIT B Petitioner's Acceptance and Agreement concerning special use EXHIBIT C Letter dated August 28, 2013 by Joshua & Heather Refenes, EPIC Power & Conditioning LLC EXHIBIT D Conceptual floor plan WHEREAS, notice of the public hearing concerning the petition for a special use was given, and the public hearing was held by the Village Plan Commission and, 2 WHEREAS, the Plan Commission held a public hearing on October 2, 2013 and determined that the criteria for a special use as set forth in Section 17.28.040 of the Buffalo Grove Zoning Ordinance have been met; and, WHEREAS, the Plan Commission voted 8 to 0 to recommend approval of the special use; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that use of the Property on the terms and conditions herein set forth would enable the Village to control development of the area and would serve the best interests of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. This ordinance is made pursuant to and in accordance with the Village's Zoning Ordinance, Development Ordinance and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance approving a special use for a recreation facility including personal training and physical fitness activities pursuant to Exhibits C and D attached hereto for the Property legally described in Exhibit A attached hereto, subject to the following conditions: A. The special use is granted to EPIC Power & Conditioning LLC and does not run with the land. B. The special use granted to EPIC Power & Conditioning LLC is assignable to subsequent petitioners seeking assignment of this special use as follows: 1. Upon application of a petitioner seeking assignment of this special use, the Corporate Authorities, in their sole discretion, may refer said application of assignment to the appropriate commission(s) for a public hearing or may hold a public hearing at the Village Board. 2. Such assignment shall be valid only upon the adoption of a proper, valid and binding ordinance by the Corporate Authorities granting said assignment, which may be granted or denied for any reason. C. The Petitioner shall submit the executed Petitioner's Acceptance and Agreement attached hereto and incorporated herein as Exhibit B. 3 Section 3. This Ordinance shall be in full force and effect upon the submittal of the Petitioner's Acceptance and Agreement as set forth in Section 2.C. of this Ordinance. This Ordinance shall not be codified. AYES: NAYS: ABSENT: PASSED: 2013 APPROVED: 2013 ATTEST: APPROVED: Village Clerk Jeffrey S. Braiman, Village President 4 EXHIBIT A Legal Description EPIC Power& Conditioning LLC 1620 Barclay Boulevard Rogers Center for Commerce-West SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 1 of Rogers Centre for Commerce, a resubdivision of Lots 4, 5, 6, 7 and 8 in Arbor Creek Business Centre, a subdivision in Section 27, Township 43 North, Range 11 East of the Third Principal Meridian, recorded June 11, 1987 as Document No. 2577287, in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 1620 Barclay Blvd, Buffalo Grove, IL PIN: 15-27-101-008 5 EXHIBIT B EPIC Power& Conditioning LLC 1620 Barclay Boulevard Rogers Centre for Commerce-West Petitioner Acceptance and Agreement concerning special use ordinance EPIC Power & Conditioning LLC acknowledges that it has read and understands all of the terms and provisions of Buffalo Grove Ordinance No. 2013-72 pertaining to the special use, and does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations of said Ordinance. EPIC Power & Conditioning LLC By: Name (print): Title: The undersigned Owner acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2013-72. Owner: Arthur J. Rogers & Company By: Name (print): Title: .................................................................................................................................................... EXHIBIT C Ordinance No. Village of Buffalo Grove Building and Zoning Department 2013-72 SO Raupp Blvd. Buffalo Grove, IL 60089 August 281",2013 To the Village Board and Plan Commission, EPIC Power&Conditioning LLC(EPC) is a physical fitness and affiliated CrossFit training facility that offers small group fitness training to the general public. Currently,our primary hours of operation are Monday-Friday with hour-long classes being held at Gam,S:30pm,and 6:30pm. We also offer an 11:30am class twice a week(Mon. & Thur.). We also hold two classes on Saturday morning,gam and 10am. As the business grows we would like to eventually add additional classes at gam,and 4:30pm. In order to give adequate attention to each of our athletes, classes will be capped at 10 people each. However,we are still a very small community and average about 2 people per class,or around 4-6 athletes per day. 1620 Barclay would be our only location,and if the business is successful and grows,we would simply move to a larger location rather than open another facility. Parking at the 1620 Barclay address is"first come,first serve", with over 100 spaces nearby. Given our capped class size of 10 people,and most of our classes being run outside of normal business hours,we do not expect an issue with parking or traffic We are certified to train anyone from 6 years of age to 70. We utilize a mixture of powerlifting,Olympic Weightlifting, plyometrics,gymnastics movements,mobility training, and high intensity interval training(HIIT). By offering our services in small groups, we are able to give a lot of attention to each individual athlete, but at the same time make the cost much more affordable than personal training. The true success of the program can be found in the friendships and bonds forged between members as they work out together, keep each other accountable,and drive each other to reach their fitness goals. No retail sales will take place at this address. No special equipment,chemicals,or compressed gasses will be stored or used at this site. My wife Heather and I have been active participants in the CrossFit community since mid-2008. Initially we both attended Elite Athletic Development(aka CrossFit Arlington Heights). About a year later in 2009, Heather began training athletes at RowFit in downtown Chicago,and in 2010 1 started training athletes at Elite Athletic Development. From there we both developed a strong passion for coaching and teaching others. In September of 2012,with the encouragement and advice of the owners of both RowFit and Elite Athletic,we founded EPIC Power &Conditioning. Up to this point,we have operated our classes out of the Institute for Human Performance(IHP),a facility that offers space for personal trainers to host their clients. While we do well at IHP and have developed great relationships over there, IHP does not have enough open floor space for us since they accommodate rehabilitation clients and require machines that eat up floor space. Since we are in a very different market,we decided it best to break out on our own. . After many months of searching the Deerfield and Northbrook areas,we identified 1620 Barclay Blvd in Buffalo Grove as a great future home for EPC. If I can be of any service,or answer any questions, please do not hesitate to contact me. And if you're interested in what we do at EPIC Power&Conditioning,come in and see us,everyone's first class is always free! Sincerely, Joshua& Heather Refenes Co-Owners/Coaches ��..�'.�..��:...�'ow(."-..I:....! :._C0.rnd..!.:t.%a:�.rn..!..Inn.g.....�......�:.!:�:�:�.�.W:.!:�.._�=..FIC (773)896-5229 EXHIBIT D Ordinance No. 2013-72 r . p 3 M S !y —�7 JE: I��, Nil a Pam 1 8 999 . w.um I,. x CCUC.0,jItA r �N)V 14 CNA 5 C i �R a .. S $ - I� R a kX a. o7M-- ,.... 9 � 00 � jfu O 00 c .p fu U N 0 1 ° f � c � o ter' DJ � a i f 1 O r. w rtui a cc r, r J V G rl �r 1 � l N � 1 AP 1 AKISIC ROAD [loL...............d..y.........u..�..�.I................h.......'�> ° n I u y .. . ........ BLDG.B BLDG.A "upolloos.:x II ": II"o ,+N,& 11, u°a°Il, y+ II'IIlu d ru SG9C5 3Gr o 166� xGx© SGBG SG3G SG9A IG1.4 1Ca82 SG1� n .�t.'I600 IGSO _1 s67a sGoo a676 GC S 1674 SGo 1672 S GQ �1670 BLDG.C BLDG.D r—� . J U A590 asses �. �ser� ss5s �smc m xs5� s6 155L} - 1.3®oLo ].a7f3 15AG •a • r ]57� s54� 5572 ] �',.ni? �1570 1a3f3 f .1556 34 956-a s 53? as�z 1530 ss6a Award of Contract: Award of Contract-Independent 12-A Financial Auditing Services .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends award of a contract to Baker Tilly to provide audit services covering FY 2013 ,with the option to extend the contract annually for a total of five years of engagement. ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Budget Impact Fund/Account Budget Notes $39,000 Overview On August 19, 2013,the President and Board of Trustees authorized the finance department to solicit proposals for independent auditing services. Based upon reviews of proposals staff recommends that the Village award the contract for professional auditing services to Baker Tilly for the fiscal year ending December 31, 2013,with the option of auditing the Village's financial statements each of the four subsequent fiscal years. Attachments Audit Award of Contract.pdf Audit Service Agreement.pdf Trustee Liaison Staff Contact Trustee Berman M.on.daY>............October ...2.1.......> 2013. . .. ........................................................................................................Unfinished ....Business ..._...Item ........1.2.A.................................................................................................. ti H, TO: DANE C. BRAGG FROM: SCOTT D ANDERSON SUBJECT: INDEPENDENT AUDITORS—AWARD OF CONTRACT DATE: 10/17/2013 Recommendation: Staff recommends that the Village award the contract for professional auditing services to Baker Tilly for the fiscal year ending December 31, 2013, with the option of auditing the Village's financial statements each of the four subsequent fiscal years (FY 2014-2017). Process: On August 19, 2013, the President and Board of Trustees authorized the finance department to solicit proposals for independent auditing services. The request to issue an RFP (request for proposal) was not due to dissatisfaction with the current auditing firm, Wolf & Company, rather it was a desire to rotate auditing firms to maintain a fresh perspective on village financial operations. In order to ensure rotation, Wolf&Company was not invited to propose. The requests for proposals were sent to firms with demonstrated experience in public sector auditing including TIF and Single Audits. The following accounting firms were contacted; Baker Tilly Crowe Horwath Lauterbach and Amen McGladrey Miller Cooper Sikich All firms responded with a proposal to the Village except Crowe Horwath. Proposers were asked to provide the cost of completing the comprehensive annual financial report (CAFR) and a single audit report. A single audit is triggered if the Village expends more than $.5 million in federal funding. Results: The following chart shows each firm's cost proposal for the annual financial report and the single audit report. For purposes of evaluation, the Village will not need a single audit performed for FY 2013. Page 1 of 2 The lowest cost proposal for the annual financial report was submitted by Baker Tilly with an average annual cost of $38,226. The lowest cost proposal for single audit was Sikich at $2,230. The lowest combined average annual cost was Baker Tilly at$41,412. Baker Tilly's annual financial report cost for FY 2013 is eleven percent less than what the Village paid for the FY 2012 report ($40,400). Baker Tilly has over ZUU municipal clients nationwide. In the immediate area the following communities have worked with Baker Tilly including the Cities of Chicago, Elgin, Evanston, Highland Park, Saint Charles, Wheaton, the Villages of Carol Stream, Downers Grove, Elk Grove, Schaumburg, and the Counties of Lake, McHenry, Peoria and Will. Staff contacted several representatives of those listed communities and received positive responses in terms of timeliness, accuracy, interactions with management and elected officials, and adherence to the contact price. Staff believes Baker Tilly is qualified to provide the services and is the lowest proposer. Page 2vf2 `� . Appendix: Auditing Services Agreement EXHIBIT I AUDITING SERVICES AGREEMENT THIS AGREEMENT, made this 4 date of OCtOber 2013, by and between Baker Tilly Virchow Krause,LLP hereinafter referred to as"Auditor",and the VILLAGE OF BUFFALO GROVE,a municipal corporation in Cook and Lake County, Illinois, hereinafter referred to as"Village". SECTION I. The Auditor agrees to furnish capable and efficient accountants to conduct a general audit of the books and financial records of the Village in accordance with Generally Accepted Auditing Standards(GAAS). SECTION II. The Auditor agrees to begin the examination as soon after the acceptance of this Agreement to the mutual convenience of the Village and the Auditor.The Auditor further agrees that he will conduct said examination with diligence as to insure its completion at the earliest possible date with such efficiency and thoroughness as is expected under GAAS. In any event,the examination and Auditor's report shall be completed and a report delivered prior to June 15t of each year. SECTION III. The Auditor and the Village shall comply with Section I,Audit Scope and Section II,General Information of the Request for Proposal(copy attached)and incorporate those sections into the contract. SECTION IV. The Auditor agrees to adopt reasonable procedures as to insure the safe custody of his working papers for a period of time sufficient to satisfy legal and administrative requirements. Furthermore,he agrees to make the working papers available for examination by the Village as requested,and to provide copies of such work papers that may be requested by the Village's accounting staff. SECTION V. The Auditor agrees to publish 40 copies of the Annual Finance Report. SECTION VI. The Village agrees to pay the Auditor for services rendered based on the following not-to-exceed fees: 2013 2014 2015 2016 2017 Annual Financial Report 36,000 $37,080 $38,190 $39,340 $40,520 Single Audit Report $3,000 $3,090 $3,180 S 3,280 $3,380 Total Fees $39,000 $40,170 $41.370 $42,620 $43,900 Page 44 Appendix: Auditing Services Agreement Payment willl,be made upon receillpt of progress billings witIN final pavirnent made afteiii. receipt of the Annual F inandall Report and Single Audit Report. The Auditor and the V01age agree that an equitable adjustment in the contrac pf,rce may be negotiatEd if the roast or Vile tirne required for pedorniance.of the audit servrce m increased pursuant to a change irs scope requested by the Village or required by State of Federal regulations- SUVION VIL ff the Auditor is urablle to conplJete the audit before the sdieduled comptetion data PrOMed m Section 01 of ms Agreement,wirr"en notice to the Vilna must to provided by the Auditor Mrty l30)days prior to said date of corrrpleuan The Auditor,agrees to deliver the Audit Report prior,to June e of each year of the Agreement,unless the ViDage has caused the audit period to l,longer. The Village,reserves the rlot to cancel audit serwces for,the remainder of the period covered by th ageeie nnit. 10/4113 eir r J"n- G/C- Date Auditor Si stance of Authorized Representative Data Village of BaMajo Grove Aftesl., valage Clefflic Page 45 Award of Contract: to Melrose Pyrotechnics, Inc. for Pyrotechnic Services for Buffalo Grove Days and the 4th of 12-B July. .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Budget Impact Fund/Account Budget Notes $42,000 Overview Staff requested proposals for Pyrotechnic Services for the Village of Buffalo Grove for both the 4th of July as well as Buffalo Grove Days. One company responded to the request for proposals, Melrose Pyrotechnics, Inc.,the Village's current provider. The Village has had an excellent working relationship with Melrose Pyrotechnics ("Melrose") for more than ten years. Melrose is based in Kingsbury, Indiana. They are the recipient of a number of global awards including 2nd Place in the Hanabi World Cup in Nagasaki, Japan in 2011, 1st Place in the Hanabi World Cup in Nagasaki, Japan in 2010, and 3rd Place in the L'International des Feux Loto-Quebec in 2009. They also have voluminous local and noteworthy contracts including the City of Chicago, Navy Pier and Chicago Bears. After reviewing the proposal provided by Melrose and discussing the proposed pricing structure, staff was able to negotiate the attached revised pricing structure. The Pyrotechnic Services Contract would be a three year agreement (2014, 2015, and 2016) with two 1 year extensions possible. The Village's Fire Prevention staff is in full support of Melrose's contract due to their safety record, electronic system reliability, quality fireworks, and overall responsiveness. Next Steps execution of the Contract pending final review by the Village Attorney Attachments 2 Melrose Pyrotechnics Proposal 2014 Buffalo Grove.pdf(Appendix) Fireworks RFP 2014 rev l.pdf(Appendix) Trustee Liaison Staff Contact Trustee Sussman Brett Robinson, M.on.daY>............October ...2.1.......> 2013. . .. ........................................................................................................Unfinished ....Business ...._...Item ........1.2.B.................................................................................................. MELROSE PYROTECHNICS, INC AGREEMENT This contract entered into this 9"' Day of October AD 201.3 by and between MELROSE PYROTECHNICS, INC. of Kingsbury, Indiana and Village of Buffalo Grove(CUSTOMER) of'City Buffalo Grove State Illinois. WITNESSETH: Melrose Pyrotechnics, Inc. for and in consideration of the terms hereinafter mentioned, agrees to furnish to the Customer f9ue 1 Fireworks Display(s) as per agreement made and accepted and made a part hereof, including the services of our Operator to take charge of and fire display under the supervision and direction of the Customer, said display to be given on the evening of July 4, 2014; July 4, 2015, July 4 2016; July 4, 2017, July 4, 2018 Customer Initial __, weather pennitting, it being understood that should inclement weather prevent the giving of this display on the date mentioned herein the parties shall agree to a mutually convenient alternate date, within six (6) months of the original display date. If the show is rescheduled prior to our truck leaving the facility, Customer shall remit to Melrose Pyrotechnics, Inc, an additional 15% of the total contract price for additional expenses in presenting the display on an alternate date. If the show is rescheduled after our trucks leave the facility, Customer shall remit to Melrose Pyrotechnics, Inc, an additional 40%of the total contract price for additional expenses incurred. The determination to cancel the show because of inclement or unsafe weather conditions shall rest within the sole discretion of Melrose Pyrotechnics, Inc. In the event the Customer does not choose to reschedule another date or cannot agree to a mutually convenient date, Melrose Pyrotechnics, Inc. shall be entitled to 50% of the contract price for costs, damages and expenses. If the fireworks exhibition is canceled by Customer prior to the display, Customer shall be responsible for and shall pay to Melrose Pyrotechnics, Inc. on demand, all Melrose Pyrotechnics Inc.'s out of pocket expenses incurred in preparation for the show including, but not limited to,material purchases,preparation and design costs,deposits, licenses and employee charges, MELROSE PYROTECHNICS, INC. agrees to furnish all necessary fireworks display materials and personnel for a fireworks display in accordance with the program approved by the parties. Quantities and varieties of products in the program are approximate. After final design, exact specifications will be supplied upon request. Should this display require any Union related costs,their fees are not included in this agreement. It is further agreed and understood that the CUSTOMER is to pay MELROSE PYROTECHNICS, INC. the sum of Twent -One "I'liousand Dollars 00/100 ($21,000.00) for July 4, 2014,• Twenty-One Thousand 1,1ve Hundred Dollars 001100 ($21,,500.00) for July 4, 2015; TwentyTivo Thousand Dollars 00/100 ($22,000.00) for July 4, 2016; Vive Hundred Dollars 010/100 ($22,50J.00) for July 4, 2017; and Twenty- Three Thousand Dollars 00/100 ($23,000,001 for July 4,,.2018.Display. hates. A service fee of I V2 % per month shall be added,if account is not paid within 30 days of the show date. MELROSE PYROTECHNICS, INC. will obtain Public Liability and Property Damage and Workers Compensation Insurance. CUSTOMER will provide the following items: (a) Sufficient area for the display,including a minimum spectator set back of 420 feet at all points from the discharge area. (b)Protection of the display area by roping-off or similar facility. (c)Adequate police protection to prevent spectators from entering display area. (d) Search of the fallout area at first light following a nighttime display. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations and neither party shall be responsible for any agreements not stipulated in this contract. Customer agrees to pay any and all collection costs,including reasonable attorney's fees and court costs incurred by Melrose Pyrotechnics, Inc. in the collection or attempted collections of any amount due under this agreement and invoice. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties,themselves,their heirs,executors,administrators,successors and assigns. MELROSE PYROTFUJINICS INC CUSTOMER ............ .......................................... By: 1"duy mh.,f.d.g,w,i,h,reurareurs Whe fi­f.fl­hw4,in MUM, Daw Signe& Ocmb(n 19,20 Date Signed: _ _...................................................... (PLEASE TYPE OR PRINT) "Wynn Cramer Event Producer Name: .. .................................. I Kingsbury Industrial Park,P.O.Box 302 Address:............. Kingsbury, Indiana 46345 ..................... (800) 771-7976 Phone: Fm,ifl- chin Finn& AIL-LROSE PYROTECHNICS, INC. AGRIJ,"MENT This contract entered into this 9'h Day of October AD 2013 by and between MELROSE PYROTECHNICS, INC, of Kingsbury, Indiana and Village ol'Buffalo Grove(C.1)STOMER)of City Buffalo Grove State Illinois. WITNESSETII: Melrose Pyrotechnics, Inc. for and in consideration of the terms hereinafter mentioned, agrees to furnish to the Customer QOne JIJ Fireworks Disph I �y(s) as per agreement made and accepted and made a part hereof, including the services of' our Operator to take charge of and fire display tinder the supervision and direction of the Customer, said display to be given on the evening of August I,.1�2014-�,Se)tem�ber 6�2015 Seviember 4,2016, September 3,2017- September 2,2018 Customer Initial _, weather pennitting, it being understood that should inclement weather prevent the giving of this display on the date mentioned herein the parties shall agree to a mutually convenient alternate date, within six (6) months of the original display date. If the show is rescheduled prior to our truck leaving the facility, Customer shall remit to Melrose Pyrotechnics, Inc. an additional 15% of the total contract price for additional expenses in presenting the display on in alternate (late. If the show is rescheduled after our trucks leave the facility, Customer shall remit to Melrose Pyrotechnics, Inc. an additional 40% of the total contract price for additional expenses incurred. The determination to cancel the show because of' inclement or unsafe weather conditions shall rest within the sole discretion of Melrose Pyrotechnics, Inc. In the event the Customer does not choose to reschedule another (late or cannot agree to a mutually convenient date, Melrose Pyrotechnics, Inc. shall be entitled to 50% of the contract price for costs, damages and expenses. If the fireworks exhibition is canceled by Customer prior to the display, Customer shall be responsible for and shall pay to Melrose Pyrotechnics, Inc. on demand, all Melrose Pyrotechnics Inc.'s out of pocket expenses incurred in preparation for the show including, but not limited to, material purchases, preparation and design costs, deposits, licenses and employee charges. MELROSE PYROTf,'CHNICS, INC. agrees to furnish all necessary fireworks display materials and personnel for a fireworks display in accordance with the program approved by the Parties. Quantities and varieties of' products in the program are approximate. After final design, exact specifications will be supplied upon request. Should this display require any Union related costs; their fees are not included in this agreement. It is further agreed and. understood that the CT1ST0MI',R is to pay MELROSE PYROTECHNICS, INC. the sum ofTwently-One Thousand Dollars 00/100 ($21.000.00) for August 31, 2014; Tivent-y-One Thousand Five Hundred Dollars 00/100 ($21,500.00) for September 6, 2015; Twenty-Two Thousand Dollars 00/100 622.000.00) tear SeD(Crriber 4. 2016.• 'Invent:-Two Thousand Five Ilundred Dollars 00/100 ($22,50qj.00 for September 3. 2017; and Twenty-Three housand Dollars 00/100 ($23,000.00) for September 2, 2018 Displav Dates. A service fee of I '/?, 'X0 per month shall be added, if account is not paid within 30 days of the show date. MELROSE PYROTECHNICS, INC. will obtain Public Liability and Property Damage and Workers Compensation Insurance, CUSTOMER will provide the following items: (a) Sufficient area for the display,including a minimum spectator set back or420 feet at all points from the discharge area. (b)Protection ofthe display area by roping-offor similar facility. (c) Adequate police protection to prevent spectators from entering display area. (d) Search of the fallout area at first light following a nighttime display. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations and neither party shall be responsible for any agreements not stipulated in this contract. Customer agrees to pay any and all collection Costs,hICIUding reasonable attorney's fees and Court Costs incurred by Melrose Pyrotechnics, Inc. in the collection or attempted collections of any amount due under this agreement and invoice, 'The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties,themselves,their heirs,executors,administrators,successors and assigns. MELROSE PYRo,rECIINICS INC. CUSTOMER By: By: h, Date Signed: October 9,20'i 3 Date Signed: mm ................ (PLFASE TYPE OR PRINT) Wy nn Cramer,.Event PrtL(tt cer Name:— ---—-------- ------ --------------- ................ I Kingsbury IndUstria] Park,P.O. Box 302 Address: Kingsbury, Indiana 46345 (MM 771-7Q76 Phone. VILLAGE OF BUFFALO GROVE PUBLIC CONTRACT STATEMENTS The Village of Buffalo Grove is required to obtain certain information in the administration and awarding of public contracts. The following Public Contract Statements shall be executed and notarized. PUBLIC CONTRACT STATEMENTS CERTIFICATION OF CONTRACTOR/PROPOSERS In order to comply with 720 Illinois Compiled Statutes 5/33 E-1 et seq.,the Village of Buffalo Grove requires the following certification be acknowledged: The below-signed Proposers/contractor hereby certifies that it is not barred from Bidding or supplying any goods,services or construction let by the Village of Buffalo Grove with or without Bid,due to any violation of either Section 5/33 E-3 or 5/33 E-4 of Article 33E,Public Contracts,of the Chapter 720 of the Illinois Compiled Statutes,as amended. This act relates to interference with public contracting,Bid rigging and rotating,kickbacks,and Biding. CERTIFICATION RELATIVE TO 65 ILCS 5/11-42.1.1 In order to comply with 65 Illinois Compiled Statutes 5/11-42.1.1,the Village of Buffalo Grove requires the following certification; The undersigned does hereby swear and affirm that it is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless it is contesting,in accordance with the procedures established by the appropriate revenue Act,its liability for the tax or the amount of the tax. The undersigned further understands that making a false statement herein:(1)is a Class A Misdemeanor,and(2)voids the contract and allows the Village to recover all amounts paid to it under the contract. CONFLICT OF INTEREST The Village of Buffalo Grove Municipal Code requires the following verification relative to conflict of interest and compliance with general ethics requirements of the Village: The undersigned supplier hereby represents and warrants to the Village of Buffalo Grove as a term and condition of acceptance of this(Proposal or purchase order)that none of the following Village Officials is either an officer or director of supplier or owns five percent(5%)or more of the Supplier: the Village President,the members of the Village Board of Trustees,the Village Clerk,the Village Treasurer,the members of the Zoning Board of Appeals and the Plan Commission, the Village Manager and his Assistant or Assistants,or the heads of the various departments within the Village. If the foregoing representation and warranty is inaccurate,state the name of the Village official who either is an officer or director of your business entity or owns five percent(5%)or more thereof: (Official) ............................ Melrose Pyrotechnics, Inc . Print Nam -f contractorfp'roposers/Supplier Signature WY Cramer Event Producer Title S scribed and$Worn to before me this 12th day of September 12013. 'd/Al )JI'iz) Notary Public Notary Expiration Date 10/15 2 0 15 Kri-Sty Ruminski SCHEDULE OF PRICES TO: THE VILLAGE OF BUFFALO GROVE, ILLINOIS FULL NAME OF PROPOSERS: Melrose Pyrotechnics, Inc. MAIN BUSINESS ADDRESS: I Kingsbury Industrial Park P.O. Box 302, Kingsbury, Indiana 46345 PLACE OF BUSINESS: Kingsbury, Indiana The undersigned, declares that it has carefully examined the proposed work, the Contract Documents, and all other documents referred to or mentioned in the Contract Documents and it proposes and agrees, if this Proposal is accepted,that it will contract with the Village, in the form of the Contract attached, to complete the Work titled "2014 Pyrotechnic Services", and that it will take in full payment therefore the sums set forth in the following Schedule of Prices. SCHEDULE OF PRICES r1^t ". ° ' "�")1 aY Faatld t, •l laa`E3, w ... p °. .. A. Independence Day Holiday Pyrotechnic Display (' ," p` Went-y--L°I, -elnse a uG tt rl w4 rt4�w..g� a t';;tm`e� f)<a ,1 17. " �r'64}"�� 0& and .7- c1« -- nty— 11. . ...Theu and Do": 3'a w , . w .. p , ..: 0 B, Buffalo Grove Days(Labor Day)Pyrotechnic Displayer t t mm r�� np Insert ar"nount in words 2nd year contractoptiw+ the unit prices(A and B)shall be adjusted by"'? - percent,;IJ-). '" 11 50 '. 3rd year contract-option—the Unit prices(A and B)shall be adjusted by j .1.. . percent(" -). zz. y p pa ) lusted byM'. .l percent "� •), a 4th r.,ar�contract option�.the unit rites(A and B shall be ad, Sth year contract.opfti-the unit prices(A and B)shall be adjusted by 2 Percent�r•�.�)„ )000. 6 6 SCHEDULE OF PRICES SUBCONTRACTOR LISTING Proposer, intends to employ the following listed subcontractors for the following enumerated classes of work and is not to alter or add to such list without the written consent of the Village. SUBCONTRACTOR CLASS OF WORK 1. n/a 2. n/a ............................... ............. 3. n/a 4, n/a September 12, 2013 Date Melrose Pyrotechnics, Inc. Legal Entity (Sign here) By (Print Name) Wynn Cramer Phone (800) 771-7976 E-mail wynn@melrosepyro.com 7 VILLAGE OF BUFFALO GROVE CONTRACT Pyrotechnic Services Melrose Pyrotechnics, Inc. CONTRACTOR BY Wynn ramer Event Producer TITLE ATTEST: BY B ) k4z G Director of Operations TITLE THE VILLAGE OF BUFFALO GROVE VILLAGE MANAGER 21. See appendix: Appendix004- 2 Melrose Pyrotechnics Proposal 2014 Buffalo Grove.pdf See appendix: Appendix005- Fireworks RFP 2014 rev1.pdf 2014 Custodial Services Bid Results 12-C .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends a waiver of custodial bids and authorization of staff to negotiate with vendors. Overview Staff reviewed six bids from vendors interested in providing custodial services to the Village of Buffalo Grove.With the exception of one bidder each bid submitted to the Village had irregularities. While the irregularities were minor, staff believes that it would be in the best interests of the Village to waive bidding requirements and negotiate with the selected bidders as this would reduce the likelihood of an objection to the acceptance of the bids by any one party. At the October 7, 2013 Board meeting the Village Board rejected all bids and asked that staff bring the matter of a waiver of bids and authorization to negotiate before the Board at the October 21, 2013 meeting. Pursuant to Municipal Code Section 2.08.040.I, a waiver of bids requires an affirmative vote of two-thirds of the Board to proceed. Staff requests that the Village Board select one of the following options. 1. Waiver of Bids with authorization to negotiate with those vendors who originally bid on Custodial Services as represented in the attached bid tabulation. As the original pricing was fairly aggressive on the part of some of the Vendors, staff does not expect to see a major cost reduction realized through negotiation. Negotiations would be fairly quick and should provided the Village with a low cost custodial service provider. Staff would then return to the Village Board with a recommendation as to which vendor the Village should engage for custodial services. 2. Rebid Custodial Services, while this is a time consuming process, staff should be able to direct bidders to provide clear and concise responses thus reducing or removing any irregularities from the bids received. A re-bid of this project would likely see fewer responses and less variation in the bids as the results of the recent bid opening and the published bid tab are now known to all potential bidders. The bid tabulation has been revised to detail the missing items from each bidder's packet. Next Steps Staff will proceed to follow Village Board's direction and return to the Board with a recommendation of an award of contract to the preferred bidder/vendor. Prior Actions The Village Board rejected all bids at the 10/07/2013 Board meeting. Attachments BIDTAB Custodial 2014 detail.pdf Trustee Liaison Staff Contact Trustee Stein Brett Robinson,Finance&GS M.on.daY>............October ...2.1.......> 2013. . .. ........................................................................................................Unfinished ....Business ..._...Item ........1.2.C.................................................................................................. cl� C\[ 0i O 't lc� C\[ 't lc� C\[ ILI ID O (C� cci O 21 0(D CID C� 0 C\[ Ili C� 0i C� Ili cci C\[ C\[ cci M� cn U6 2 cci (C� O O cci N N cci O a} t9 CD CD CD CD CD Ow CO In, w 0(D 5) z co C\[ C\[ O O PI M 1� IR q M q Iq O� q q q Q N m "1 '31 ccl cci cci cci cci cci od ON t/lfl, q ul cn 0 u IZ In > 2 E 2 -5 0 CID Q. m < m rn I— N m �t m CID U) () 0- 5 >- 0 1 VILLAGE OF BUFFALO GROVE WARRANT #1218 21-Oct-13 General Fund: 221,076.29 Illinois Municipal Retirement Fund: 0.00 Parking Lot Fund: 0.00 Motor Fuel Tax Fund: 359,260.62 School & Park Donations 0.00 Capital Projects-Facilities: 10,661.50 Capital Projects-Streets: 0.00 Health Insurance Fund: 0.00 Facilities Development Debt Service Fund: 0.00 Retiree Health Savings (RHS): 0.00 Water Fund: 664,223.99 Buffalo Grove Golf Fund: 27,200.03 Arboretum Golf Fund: 24,087.07 Refuse Service Fund: 76,874.56 1,383,384.06 PAYROLL PERIOD ENDING 10/6/2013 878,057.22 878,057.22 TOTAL WARRANT #1218 2,261,441.28 APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Village Clerk Village President Pay Day Register i A 10/06/ 13 Pay Batch 10/10/13 TotaV Employees in Pay Batch 287 Hours Descrupdon Hours Gross Wthhc,Vdungs and Deducdons Gross Base O1 REG FT-Regular Full-Time 6,661.75 252,951.47 Gross 803,230.97 - 02 REG PT-Regular Part-Time 2,046.50 33,817.46 Federal 98,325.73 697,585.39 03 REG SEASONAL-Regular Seasonal 961.50 10,233.09 Social Security 20,245.94 326,545.45 04 REG SWORN-Regular Sworn 9,210.75 394,244.07 Medicare 11,154.93 769,303.73 05 OVERTIME-Overtime 251.00 10,396.21 IL State Tax 32,928.81 675,733.57 06 DOUBLE TIME-Double Time - -WI State Tax 1,350.07 22,017.24 08 RETRO SW PAID-Retro Sworn Paid (818.64)Aflac 294.59 - 09 LONGEVITY-Longevity Aflac Pre Tax 938.66 10 ELECTED-Elected Officials BGHS School Fund 46.00 101 COMP EX EARN-Exempt Comp Time 2.00 - Bright Directions 160.00 Earned 103 COMP NE PAID-Paid Non-Exempt Comp 33.25 1,154.79 Child Support Arrears 100.00 Time 104 COMP NE EARN-Earned Non-Exempt 13.00 -Child Support IL 5,223.98 Comp Time 106 COMP SW PAID-Sworn Comp Time Paid 0.25 12.58 Child Support WI 969.23 112 FLOAT SW PD-Floating Sworn Paid 4.25 174.27 Computer Loan 756.02 12 FIRE OT-Fire Overtime - 31,938.48 Computer Loan 2 50.63 120 PARK STIPEND-Park District Stipend 104.16 Dependent Care 902.63 121 CAR ALLOW-Car Allowance 250.00 Fire Dues 1,734.00 - 122 INS REIMBURS-Insurance 611.47 Fire Pension 16203.54 171,376.48 123 GOLF STIPEND-Management Stipend 1,000.00 Fire Pension-Tier 2 2:429.47 25,694.96 124 VSI-VSI 9,665.32 Fire Pension Supplement percent 40.97 4,096.68 126 CLOTHING-Clothing Reimbursement - Flexible Spending Account 4,097.63 - 129 MANG STIPEND-Management Stipend FPAC Dues 127.50 20 ACT LT-Acting Lieutenant 380.00 665.00 Garnishment 75.00 21 ACT SC-Acting Shift Commander 79.50 162.98 General Fund 255.00 22 CORP FIELD-Corporal Field Supervisor 294.00 441.00 Health HMO 554.99 23 CORP WATCH-Corporal Watch 99.00 148.50 Health PPO A 5,145.61 Commander 25 NIGHT SHIFT-Night Shift 927.00 584.01 Health PPO B 11,539.13 26 SGT WATCH-Sergeant Watch Commander 249.00 156.87 ICMA/RC-Flat Amount 13,729.67 - 30 PARK DISTRICT-Police Park District - -ICMA/RC-Flat Amount 2 2,100.00 31 CPR-CPR - 204.68 ICMA/RC-Percent 7,594.03 121,063.31 50 VAC PAID-Vacation Paid 396.25 15,003.05 ICMA/RC-Flat Amount 3 1,783.65 - 54 VAC SW PAID-Vacation Sworn Paid 417.00 17,950.43 IMRF 14,087.64 313,057.57 58 VAC PT PAID-Vacation Part Time Paid 1.25 29.17 IMRF Life Insurance - - 70 SICK PAID-Sick Paid 423.75 16,855.92 IMRF TIER 2 224.52 4,989.40 74 SICK SW PAID-Sick Sworn Paid 116.00 4,699.94 IMRF Voluntary 200.00 - 90 FLOAT PAID-Floating Paid 8.00 460.49 IRS Garnishment 200.00 93 FLOAT PT PAID-Floating Part Time Paid 5.75 134.20 Optional Life Self 623.48 96 HOL PAID-Holiday Paid - -Police Dues 790.50 - 97 HOL POL PAID-Holiday Police Sworn Paid Police Pension 20,816.96 210,061.19 98 HOL PT PAID-Holiday Part Time Paid Police Pension-Tier 2 903.52 9,117.44 99 HOL FIRE PAID-Holiday Fire Sworn Paid PPOA TAX 28.78 - Total 22,580.75 $ 803,230.97 RHS 1,941.49 - - ROTH IRA 1,596.00 - ROTH IRA Percent 67.26 3,363.20 Spousal Support Maintenace 328.15 - Run by Katie Skibbe on 8/15/2013 10:00:17 AM Page 1 of 2 Pay Day Register i A 10/06/ 13 Benefits Amount United Way 130.00 Basic Life Insurance 63.17 Net $ 520,435.26 Dental 18,790.88 - Health HMO 4,069.97 Total Payroll Expense $ 878,057.22 Health PPO A 37,736.42 Health PPO B 84,621.61 ICMA Employer Contribution 15,362.50 ICMA Employer Contribution Sworn 17,860.85 Illinois Municipal Fund 43,425.38 Tota I - Gross Payroll 878,057.22 Water/Sewer Transfer (43,364.95) Buffalo Grove Golf Transfer (25,513.06) Arboretum Golf Transfer (26,667.30) 782,511.91 Transfers Payroll Account Transfer 520,435.26 ROTH IRA 1,663.26 Illinois State Tax 32,928.81 941 Federal Tax 161,127.47 RHS-Fire 1,941.49 Flex/Dep Savings 5,000.26 MAP Dues 790.50 Fire Pension 18,673.98 767,768.38 Run by Katie Skibbe on 8/15/2013 10:00:17 AM Page 2 of 2 oc ° o C O 7 c � c co G 15 O M O co N O 7 N Q C a Q Q N lL O F r r r M O N ti O c 0 O u L < C +� m N F L- a� w o (D �w N v— v a N p N O O n o 0 a u� E o L 3 6 = Q V O 0 O O N W C m Q b 4m c 0 t3 �m C: co z m m Y N C T C T � a m 2 N E� M_ M_ O O N N O O O O Q O � Q O O O C C i 7 7 O O O N U U Q Q 07 N E z C (n O_ L OM O M O O O O N c O C O C N m O 3. 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M_ M_ M_ M_ M_ M_ M_ M_ M_ M_ O O O O O O O O O O N N N N N N N N N N c0 c0 c0 O_ O c0 N � c0 W N a) -0 a) -0 a) O M -0 a) O O a) O O_ a) Q O O T Q O T Q O T Q O �` Q O j Q O O �. Q O T Q O T Q N o N o O N o N o o N N N O O O O O O O O C C C C c c c c i 0 0 0 0 0 0 0 0 � O O O O O O O O O N ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ y N Cl) 7 LO O r W 0) N N N N N N N N 7 2 Z M � L co_ M_ co_ NN M_ � M_ M_ O M_ M_ N N O O O O O a) pj O a) C, O O O O O O O O a) O O N N N N N N N co L N N N U N U 7 N U 7 N U N U r N U O N U O N U c0 N U O0 O O N N N O� O N N O� N N O� 7 c0 N O� 0 N O� O N O> G c N N O c O c 0) O c U) O c W O c co M O c _ O c N Y L Y Y Y Y Y Y Y Y a) U U U U U U U U r r r r r r r r F U U U U U U U U O 7Lo O W O an O C O W C N cMq C N C N O C O O M C W C75 O O I- M O Cn m O O O W 0) O O c0 ch O O N O O O O O O M r O m E 0 7 co N 7 M m N E � E O M E N co 7 E an M O E N E O E Q M M Q N Q r Q N c0 Q M N Q Q N Q O 7 lL H O C) M O N ti O c 0 O u L 12 +� m F- L- = w N O :. 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O O O N M N O N 7 N N 7 7 N M M N N - - - - - - O C M O C N O C N N O C O O O C o 0 O C L O C — — — — — — — Y L Y Y Y Y Y Y Y a) U U U U U U U F U U U U U U U o 0 Ln O N `) � O 0n 0n O 0 c0 0n O 0n 0n 0n 0n 0n 0n 0n 0 � o 1 � O O ov , 0) 0) m v 0) co 0) o 0) Ln 0) 0) 0) 0) 0) 0) 0) o o o I- C° o ri co r 6 c6 06 c6 o r I� L6 L6 L6 I� r r r " o ri ° o r co o� v Q _ O Q ME O) 7 0) NN N N — — — NE O E an Cl) N E O Q N M Q N Q L6 Q M O H O O M O N ti O c 0 0 u L 12 +� m F- L- = w M N 4— v— �/ d a O a o N aE) O p N m CV S to S J (n (DD o 7 7 r m N O `r' fn fn fn fn fn fn fn E IOt 20EO Oc� rU rU w N o .0 w w n 4t oo0 a) it oX C mm a 0 a a) o 0 0 ° oar o � E E 2 C: 'o 'o V) C o°t;rncN N aa n cg go o Y Y Y Y Y Y Jp . . Y a) m .o- .o o o .o- = U V U Y Y > o� N m E o c c c c c c c c c c c c c c c E c a) E a) ° o c a) a > > > > 0. M M M M M M M M M M M M M M M M M M M M M M M 0 0 r r r r r r r r r r r r r r r r r 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N Lo Lo Lo Lo Lo co co co co co uo uo N 7 � � � � � O O O O O O O O O O O O O O O O O O O O O O O Q Q Q Q C C C C i 7 7 7 7 � O O O O O Q Q Q Q N y I— co an O E N N N OM L2 Z L M _ N 7 7 7_ O I— M N M N M I— 0 M N co M co p I� t 7 7 7 W M m W W W m m M M p r O co co 0 N N a) N N N O O O N m 7 7 7 m 7 m m m N a) cp N a) M 7 N a) O coU M Lo L M 7 7 M M M M M M M Lo Lo Lo U O U r r U O O N N N N N N N N N N N N N N N N N N N N Lo L N .��, O O N N N N N N N N N N N N N N N N N N N O N O 0) O N O G O O 0 C Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z O C O C �2 �2 O C L Y Y Y Y Q o 0 0 0 (n H U U U U 75 0 j M C O O C O O O O � C W O C O O C O C r W C M 0 0 I— r O M O O O O O O � O O O O O O Co. N 7 co W N O O O O O O O O O_ O O O � O L6 O O O W O W O O 0 0 W 2 Q Q Q M Q of O N l� C° Q LO co Q N Q N M Q M Q O O m N M M 7 H O C) M O N ti O c 0 0 u u L 12 a) c o V/ F NLL It N = w co a N co > :. Y M o N lL6 M 0 7 7 N— O �' W M LO M M O �i O,O a o N � O cV am am am am N N c c c c 3 tD ° ac ac ac ac m � a n n n n M N m E E E E m N N CO C m > o_ a) m m O O a) V) ccOc Oc mE a) V) m =3m 0 Wm3m OO 2 >. >. O m O V -j V m U) U) U) U) o -2 m an cWm3mo QQYD_ rDOmofEn - m Cl) N acmtifnDO O O O O p cO O O . . . . OO om -oc: Y0 0 E E m m m C m c c c o io m Z ° o 0 0 o r oi mL c E V) -o � o , V) U V) n 0 a) a X r a) 2 a) p U 0 c- m> m o' O NN o U m Ea �- >C> > > N CL M M M M M M M M M M M M M M M 0 r r r r 0 0 0 0 r r r r r r O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N 7 O O O 7 a-) N �?5 2-5 -2W N co 7 O_ co O O M M M O O O O a) O O O O O O N N p N N - - p� p N N p N N p N N p N N '0 O O O O O 0 0 0 O O O O O O O O O C C C c C C C i 7 7 7 7 7 7 7 � O O O O O O O O Q Q Q Q Q Q Q N y N co 7 m co r p O O O O O O O co co co co co co co E m 7 L L Z M L M M M M LO co O co M M O U O O U O U N co O U O O U O O U � O U 00 LO N M N N N 7 7 co N N O N N N W O O O O > N > 7 N N > 7 N > N > co N > 7 N > N N N N m O c O O c M M M co O c co O c 00 O c O c co O c � L — — — — — — — Y W L^' Y Y Y Y Y Y Y a7 U U U U U U U F- U U U U U U U g 1 o o o o v 75 E m o ° o o m Q lC Q N Q N Q Cl) O W r F M O C) M O N ti O c 0 0 u L 12 C +� m F- L- = w N O :. N 0 M — O d C9 o N N O LO N N o � 0 m c o GD chi l6 �c d o 0 m E .c m —0C: to Z m m m a 0 n, N lC T 7 C a z U) m CL �n M co W M M_ M_ O O N N_ � C C i 7 7 � O O N U U Q Q y of O co p O O L E co L2 Z C L � C M W M N O N M O N W i/i N .O M N .O M Y U N c ON c M U N O L^' Y Y LO W p�j (n H U U VILLAGE OF �. ,�iuw.,,.��o, , BUFFALO GROVE Fifty Raupp Blvd. �1 Buffalo Grove,IL 60089-2100 Dane C. Bragg Village Manager Phone 847-459-2525 Fax 847-459-7906 dbragg@vbg.org MANAGEMENT REPORT SEPTEMBER ACTIVITIES 1. Public Safety Report • Fire Dept. Activities • Police Dept. Activities (August) 2. Public Works Monthly Activities • Monthly Water Pumping Report • Monthly Central Garage Report 3. Community Development Report • Compilation of Permit Activity (Aug/Sept) • Certificates of Occupancy (Aug/Sept) • Public Safety Activity Report (Aug/Sept) • Engineering Services Monthly Report • Public Utilities Construction Report Dane C. Bragg Village Manager 1 o � N Q) CY) C m C O r Q c� G O 0p c N N G r w ' O tq Y O O m c L (� U 4'' a •� L co � 4-a o (3) U) M co i v O �- w � O y (3) O ) x0 U 0 0 00 O LL V w U m y v O co O O O N � L Q o E � 00 Q. U M •Y U) M c V ® a) Cii Q O M U N O O U a) v N M V U M y v O M rn oq 00 3 LL a 00 0 Li 0 3 0 u 0 LL l'JLn oq LO Lq _ F m 0- 0 9�a Q Oa (6 o � 75 a9 0 4ia 10 N o r 0 90 v JO N 'A m (/, N M U LO 00 Ualq, r c N c.? LO N w r � N O 00 N Q T 0 Q 4 N -0 ch 0 U M `yb M 00 0 "' U 0No M ' N (3) 0 rNi U M M �/>> a U y r — N V rymu O Ja o "eel moo^ o "✓ o (}oil 00 v N 7" r r �a� gas N im U r � � b r -151 ALL r C%4 m N N r V All r N br r o yJ r r N r a o J' r BUFFALO GROVE POLICE DEPARTMENT AUGUST 2013 - MONTHLY REPORT Calendar Year-to-Date mzfivil::6�Nff • 2013 1 2012 2011 2010 2009 Homicide 0 0 0 0 0 0 0 Forcible Rape/Agg. 0 0 0 0 1 0 0 Criminal Sexual Assault Criminal Sexual Assault 0 0 0 0 3 2 1 fobbery 0 2 1 3 2 1 1 Aggavated Battery 0 0 2 4 3 1 4 Aggavated Assault 0 0 2 0 2 0 1 Burglary 3 7 24 25 47 29 39 .Burglary(Auto) 16 5 40 41 87 95 99 Theft 17 33 125 162 158 135 200 Auto Theft 1 0 5 0 6 5 5 Arson 0 0 0 1 0 0 1 ,"�otalI Crimes3"7  � � w9 2 "'309 232 303, Calendar Year-to-Date - % +/- 2013 2012 2011 2010 2009 Part I Crimes 37 45 -18% 199 236 309 268 351 Part11Offenses 89 69 29% 798 696 853 942 989 Part III Codes 1224 1287 -5% 9164 9235 9717 9697 10371 Incidents 1 1350 1401 -4% 10153 9347 10836 10273 11704 Calendar Year-to-Date ARREST %+/- 2013 2012 2011 2010 2009 Part I Crimes 1 4 -75% 19 62 67 40 53 Part II Offenses 58 25 132% 579 456 623 594 558 Part III Codes 3 2 50% 36 32 44 19 49 Traffic 1175 705 67% 8940 6801 8289 8978 10603 Ordinance 254 459 -45% 1967 2431 7261 1450 2574 PUBLIC WORKS DEPARTMENT OPERATIONS DIVISION September-13 WATER PUMPAGE REPORT Village of Buffalo Grove TOTAL THIS PERIOD FISCAL YEAR TO DATE LOCATION CURRENT LAST YEAR CURRENT LAST YEAR Well/Pumping Station#1 345 So.Arlington Heights Rd. Well Pumpage(mil.gal.) 0.000 0.000 0.000 0.000 Lake Water Pumpage(mil.gal.) 11_,584 13 816 91.037 128.3002 TOTAL PUMPAGE 11.584 13.816 91.037 128.302 Well/Pumping Station#2 525 No.Arlington Heights Rd„ Well Pumpage(mil.gal.) 0.000 0.000 0.000 0.215 Lake Water Pumpage(mil.gal.) 28A9_6 25.689 236.626 212.162 TOTAL PUMPAGE(mil.gal.) 28.496 25.689 236.626 212.377 Well/Pumping Station#6 120 Horatio Blvd. Well Pumpage(mil.gal.) 0.000 0,000 0.000 0.000 Lake Water Pumpage(mil.gal) 33,136 37.991 275.894 370.368 TOTAL PUMPAGE(mil.gal.) 33.136 37.991 275.894 370.368 Pumping Station#7 401 LaSallle Ln, Lake Water Pumpage(mil.gal.) 53,889 51.754 422.877 431,856 TOTAL PUMPAGE(mil.gal.) 53.889 51.754 422,877 431.856 Total Well Pumpage(mil.gal.) 0.000 0.000 0.000 0.000 Total Lake Water Pumpage(mil.gal.) 127.105 129.250 1026.434 1142.688 TOTAL GALLONS PUMPED(mil.gal.) 127.105 129.250 1026.434 1142.688 AVERAGE DAILY USAGE(mgd) 4,237 4.308 3.732 4.140 Comments Submitted by: Water Sectid4-Supervisor Reviewed by: Superintendent Pu lic Works Utilities K:/water/reporUmo nthy/pum page 2010 VILLAGE OF BUFFALO GROVE OPERATIONS DIVISION WATER AND SEWER SECTION September-13 WATER DAILY PUMPAGE SUMMARY LOG(mgd) Date Southwest Northwest South North JDAILY IRAIN Well#1 Well#2 Well#6 Res.#7 OTAL GAUGE 09/01/13 0.3961 0.998 1.070 1.733 4.197 0.300 09/02/13 0.4311 0.944 1.165 1.8401 4.380 0.000 09/03/13 0.370 1.108 1.078 1.769 4.325 0.000 09/04/13 0.425 0.801 1.141 2.068 4.435 0.010 09/05/13 0.427 0.980 1.149 1.998 4.554 0.000 09/06/13 0.456 0.944 1.176 2.276 4.852 0.000 09/07/13 0.436 0.945 1.155 2.059 4.595 0.000 09/08/13 0.484 1.045 1.157 2.003 4.689 0.000 09/09/13 0.476 0.996 1.204 2.487 5.163 0.000 69/10/13 0.000 1.022 1.403 2.751 5.176 0.000 09/11/13 0.282 1.157 1.518 2.3661 5.323 0.000 09/12/13 0.601 0.913 1.501 1.909 4.924 0.000 09/13/13 0.470 0.829 1.132 2.256 4.687 0.000 09/14/13 0.468 1.095 1.129 2.200 4.892 0.000 09/15/13 0.389 1.027 1.002 1.780 4.198 0.900 09/16/13 0.346 0.760 0.908 1.670 3.684 0.000 09/17/13 0.348 1.017 0.880 1.535 3.780 0.000 09/18/13 0.360 1.045 0.948 1.683 4.036I 0.010 09/19/13 0.346 0.803 0.904 1.475 3.528 0.530 09/20/13 0.338 0.883 0.864 1.499 3.584 0.010 09/21/13 0.353 0.918 0.894 1.455 3.620 0.000 09/22/13 0.397 0.967 0.967 1.490 3.821 0.000 09/23/13 0.374 0.854' 0.916 1.595 3.739 0.000 09/24/13 0.346 0.920 0.871 1.597 3.734 0.010 09/25/13 0.395 0.944 0.767 1.769 3.875 0.010 09/26/13 0.377 0.984 1.027 1.475 3.863 0.000 09/27/13 0.353 0.834 1.375 1.450 4.012 0.010 09/28/13 0.387 0.920 1.353 1.273 3.933 0.050 09/29/13 0.380 1.051 1.159 1.208 3.798 0.280 09/30/13 0.373 0.792 1.323 1.220 3.708 0.010 TOTAL 11.584 28.496 33.136 53.889 127.105 2.13 Village of Buffalo Grove Public Works Department September 2013 Central Garage Section Fleet Cost Detail This Fiscal Year This Fiscal Year Last Fiscal Year Last Fiscal Year Current Period Year-To-Date, Current Period Year-To-Date Usage-Miles/Hours 84,162.0 607,433.0 96,365.0 785,148.0 Fuel-Gasoline Gallons 6,348.0 45,908.0 6,023.0 58,124.5 Fuel-Diesel Gallons 4,043.0 29,642.0 4,452.0 42,059.7 Fuel Usage-MPG/MPH 8.1 8.0 9.2 7.8 En-Oil-Usage/Qt. 0.0 0.0 0.0 0.0 2nd-Oil-Usage/Qt. 0.0 0.0 0.0 0.0 Road Calls 0.0 0.0 1.0 10.0 #Repairs 464.0 4,187.0 600.0 5,947.0 Shop Hours 527.0 4,053.0 599.5 5,666.5 Down Hours 4,307.0 22,006.3 2,633.0 30,526.0 Cost ILKk Cos Imik Cos ILKk Cos ILKk 4211 -Gasoline 19,225.47 0.228 146,236.2 1.738 20,476.4 0.077 187,530.8 0.077 4212-Diesel 13,226.39 0.157 100,072.9 1.189 14,709.1 0.047 134,083.6 0.047 4215-Add Eng-Oil 0.00 0.000 0.0 0.000 0.00 0.000 0.0 0.000 4215-Add 2nd-Oil 0.00 0.000 0.0 0.000 0.00 0.000 0.0 0.000 4213-Shop Parts 9,007.00 0.107 72,710.7 0.864 7,188.5 0.071 89,113.9 0.071 4214-Shop Labor 31,095.00 0.369 237,824.4 2.826 34,324.7 0.175 328,242.1 0,175 4218-Outside Repair 17,759.72 0.211 45,458.1 0.540 2,146.3 0.357 41,684.5 0.357 TOTAL 90,313.58 1.073 602,302.40 0.992 78,845.02 0.818 780,654.83 0.994 Submitted by: 1=1A"",agerReviewed by,Deof Public Work g:\common\garage\reports\monthly\monend13 W D Z w w� asoavovo e W W h N W M W O h W W} N O N W W O W o N O7 p r0�nM root Z h i r S R' UW ❑ e} Z ¢ 0 w O w V O O O N b N h Ul Z W 0 0 0 0 0`'T O r N N N V' Q � O?OOO W O,M f W V W �.. 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Z: nwacD w Q � F N O Q J N 7 +- D1 oaQ 2 To: Brian Sheehan Deputy Building Commissioner/Operations From: Peggy Starczowski, L.E.H.P, Health Inspector Date: September 6, 2013 Subject: Health Department Activity Report for the Month of August Day Care Center/Day Care Home 2 Food Service Inspections 24 Food Service Re-inspections 2 Food Service Construction Inspections 6 Foodstore Inspections 1 Food Service Pre-opening Inspections 4 Plan Reviews 25 Complaint Inspections & Follow-up 277 Property Maintenance Inspections 389 Microwave Inspections 1 Carbon Monoxide(Commercial/Residential) 1 Radon Kit Installation & Follow-up 0 Vending Machine License Inspections 12 Mobile Vendor Licenses/Inspections 2 Swimming Pool/Spa Inspections/Re-inspections 13 Temporary Foodservice Inspections/Reinspections 45 Emergency Inspections& Re-inspections 0 Assistance to Public 317 Meetings &Training: Farmers Market meetings Ongoing Fire Prevention Inspections Rental Housing Inspections-see separate listing Farmers Market meetings and coordination. cc: Board of Health DEPARTMENT OF BUILDING AND ZONING PUBLIC SAFETY ACTIVITY REPORT August, 2013 IV. LITIGATION: Please see attachment. V. CODE. CONFERENCES: August 1, 2013 —Meeting with Dynomax regarding outstanding permits/issues. August 7, 2013 —Irrigation Meters—Implementation of new program. August 28, 2013 —BG Days Contingency Planning. August 29, 2013 —Medical Cannabis—Staff discussion. August 29, 2013 —Pulte Group/Hoffman Property—Development meeting. IV. PROPER T Y MANAGEMENT: AUGUST 2013 BUFFALO COURT: No Action Required. BUFFALO GROVE SHOPPES: 1. Removed numerous illegal signs,. CAMBRIDGE COMMONS: 1. Weeds around perimeter of center. On August 30, 2013, management was notified. The weeds were cut down on Tuesday, September 2, 2013. CAMBRIDGE WEST: No Action Required. CHASE PLAZA: 1. Removed numerous illegal signs. COUNTRY COURT: 1. Removed numerous illegal signs CREEKSIDE COMMONS: 1. Removed numerous illegal signs DUNDEE POINT: No Action Required. DUNELL CENTER: No Action Required. THE GROVE: 1. Removed an illegal sign. GROVE COURT: No Action Required GROVE COURT—Zimmerman: No Action Required. GROVE POINT PLAZA: No Action Required. HIGHLAND OAKS: 1. Removed numerous illegal signs. PLAZA VERDE East: 1. The North side of the parking lot off of Dundee Rd. requires repairs. On Saturday June 2, 2012,photographs were taken of the parking lot so further action can be taken with management. Carol Berman notified and given pictures. PLAZA VERDE West: 1. Removed numerous illegal signs. PLAZA (THE): 1. Removed numerous illegal signs. THE SHOPS AT APTAKISIC CREEK: 1. Removed numerous illegal signs. SPOERLEIN COMMONS: No Action Required. STRATHMORE SHOPPING CENTER: No Action Required.. STRATHMORE SQUARE: 1. Locks on Com-Ed electrical service panels missing. Contacted Com-Ed who replaced the locks the following day. TOWN CENTER: 1. Three vacant unit signs are required to be removed. 2. Storage unit still in rear of center on South side of building. 3. Sidewalk in need of repairs across from Post Office at Deerfield bakery. On Friday August 30, 20131 called management and requested that the sidewalk be repaired. They agreed to my request. VILLAGE PLAZA: No Action Required. WOODLAND COMMONS: 1. Removed numerous illegal signs Property Maintenance Report submitted by Joe Arizzi, Property Maintenance Inspector. 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CLLwLLQaJJJ2(nZ Gr (n�Z UJ�ZL a Tiz M- W m (� p G' LL W J W U U Q d p w W O W w W 1-O W O Q w ~-1 M O Ft zw m LL MO Z JaJ LL'6'K�m�R'Z(p woz Ul wwzQ Qy O m Gw'aJ'�y_. zt W W J F C ~ 'N LL JdFdgw�F-wwwxu d 2'ww I_�(nw'U Q.2. atl �Uj f,�,fr L.',2 2 F N Q J }'.Q U' J j J L�rG U U W W J Q VJ w w cG W U W J W O} JJw.."J..e..1-F- p }W w ..'a z�ccOOOppILLiLLNNO ~ W TZT K2U2m o0a m¢y,ixa a�t;60 r LL} m a -�irzU, �00??000Oa 00 wa O a0QOa BUILDING AND ZONING DEPARTMENT RECONCILIATION OF MONTHLY ACTIVITY SEPTEMBER,2013 PER B&Z PER FINANCE MONTHLY YEAR-TO-DATE REPORT SHEET REPORT ADJUST TOTAL TOTAL BUDGET %OF TOTAL BUILDING FEES $ 41,243,79 $ 41,275.43 PLUMBING FEES 6,045,00 5,901.00 ELECTRICAL FEES 9,358.00 9.591,00 MECHANICAL FEES 2,600,00 1,775.00 PLAN REVIEW FEES 7.092.00 10,700.28 ANNEXATION FEES OTHER FEES _ _ 8,29615 9,591.01 TOTAL $ 74.634.94 $ $ 78,83372 TOTAL $ 78,83372 FUND 100.50 435,05-DEVELOPER FEES $ 53287 $ (532,87) S $ 32,402 50 $ 19,500 00 166.17% 43515-CONTRACTOR REGISTRATION FEES S 3,675.00 $ 3,675.00 $ 73,025.00 $ 70,000,00 104,32% 435,20-PLAN REVIEW FEES 6.927.00 $ 6,927.00 $ 53,322 82 $ 60,000,00 88.87% 435.25-FILING FEES $ $ $ 2.975,00 $ 2,500,00 119,00% 435,30-ANNEXATION FEES S $ $ $ - 435,35-BUILDING FEES S 34.221.42 S 34,221.42 $ 187,970.47 $200,000,00 9399% 435,40-PLUMBING FEES $ 6,145,00 S 6,145.00 $ 31,026.00 $ 28,000,00 110.81% 435.45-ELECTRICAL FEES $ 9,358.00 S 9,35800 $ 42.742.00 $ 40,000.00 106 86% 435,50-MECHANICAL FEES S 2.55000 $ 2.55000 $ 16.100.00 $ 15,000,00 107 33% 435.55-SIGN FEES $ 665.65 S 665.65 $ 5,885,45 $ 5.000,00 117 71 435 60-ELEVATOR FEES $ 6,800.00 $ 6.800,00 $ 19,760.00 $ 35,000„00 56„46% 435,70-RENTAL INSPECTIONS $ 450,00 $ 450,00 $ 88,770.00 $ 75,000 00 118.36% 435,71-OTHER $ 3,310.00 $ 532,87 ;S' 3,842,87 $ 33,903,39 $ 45,000,00 75.34% TOTAL $ 74,634.94 $ 74,634.94 $ 587,882.63 $595,000.00 98.80% Page 2 of 3 In w � / / \ / / / / \ \ / 9 EgER ococc2 w dkkk kkkkkk w � I E k E E / c CL / R k � ek / E § ) £ N £ / O o CU § \ \ / / k Co CL cu LU> § \ � ƒ cc cu ° CD ■ o = _ CD o q J0 � 32g J J u $ § > = k $ CD Xo I % rvfdf c >> n _ ° > ° o cc c � = c Oa o 2 � � 2 ° 2 � ) � mm � cc33 -jm -i \ \ qv \ f E - 2 Q ? \ k 2 2 2coCO COCDR \ c a 2 § c / \ k k E ) § / a 3 0 k f 0 A 2 \ ) k f ~ Cl) ° j IC) o CD / % \ e o o o _� ° k S / ) S E \ 2 # o LU a 7$ t _ § \ _ ƒ O G� E L 2 E t 5 § M % $ E § e g c 7 � 7 co c@ m c § 2 ƒ fk— � ; c • — c @ � ' � . ` : a) m o : �% » _ � a � � k / �.\ $ / % / �� k \ \ / � 7 \ /. / � qU) zR $ / m -j it Jk � : 3mJE Ix J . 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X oZw a — o w Z } cn M C C a) a) a) a) a) C •C O V Oca -0 O C p Q C J N Z 0 •I6 '� .Fa •(6 — a) a) a) '(p a) O> •— O N N .� C U) y mV 0 � g SILIL U (n (n (n (n Q 3 o c a) E a0) 5- 12 c (L Q .0 H Y rn M . c a v v v o E 0 'a C-0 E E a) o c a� rn v 0 } M E C) L) m rn� w 0000 cu00000o � mwa) 03a) E u) _ 2 w pt'i c aa) wy6y0 f�6 � iLiLiLiLUCL20w > 2U) W Y a) m c Z LL N a) (n 0 � 7 a) m c o o 2) a) a) a) E a)76 i i i i i i i >>p N a a) p W U zUlnd W � ItN � (LwW00of W 2 > (5U) Z � U) `) EU 0 a t J0 a o Damn 2 To: Brian Sheehan Deputy Building Commissioner/Operations From: Peggy Starczowski, L.E.H.P, Health Inspector Date: October 2, 2013 Subject: Health Department Activity Report for the Month of September Day Care Center/Day Care Home 1 Food Service Inspections 28 Food Service Re-inspections 4 Food Service Construction Inspections 5 Foodstore Inspections 1 Food Service Pre-opening Inspections 3 Plan Reviews 24 Complaint Inspections & Follow-up 210 Property Maintenance Inspections 326 Microwave Inspections 1 Carbon Monoxide (Commercial/Residential) 1 Radon Kit Installation & Follow-up 2 Vending Machine License Inspections 2 Mobile Vendor Licenses/Inspections 0 Swimming Pool/Spa Inspections/Re-inspections 3 Temporary Foodservice Inspections/Reinspections 55 Emergency Inspections & Re-inspections 0 Assistance to Public 333 Meetings &Training: Housing Court Sept 16 Ongoing Fire Prevention Inspections Rental Housing Inspections -see separate listing Farmers Market cc: Board of Health DEPARTMENT OF BUILDING AND ZONING PUBLIC SAFETY ACTIVITY REPORT September, 2013 IV. LITIGATION: Please see attachment. V. CODE CONFERENCES: September 4, 2013 —ART Meeting - Speedway, 201 Milwaukee Avenue - Ground Sign. September 10, 2013 —Meeting regarding Emerich Park improvements/photo metrics. September 24, 2013 —BG Professional Center, 313-333 Dundee Rd - Parking Analysis. September 25, 2013 —GIS Consortium(GISC) Solutions Webinar-Finding Community Records in MapOffice. September 25, 2013 —Brunswick on site meeting. September 26, 2013 —23031 N Prairie Rd- Jim Kedroski annexation. September 27, 2013 —Brunswick on site meeting—Temporary occupancy/training. IV. PROPERTY MANAGEMENT: SEPTEMBER,2013 BUFFALO COURT: No Action Required. BUFFALO GROVE SHOPPES: No Action Required. CAMBRIDGE COMMONS: No Action Required. CAMBRIDGE WEST: 1. Removed numerous illegal signs. CHASE PLAZA: No Action Required. COUNTRY COURT: No Action Required. CREEKSIDE COMMONS: No Action Required. DUNDEE POINT: 1. Removed numerous illegal signs. DUNELL CENTER: No Action Required. THE GROVE: 1. Removed an illegal sign. GROVE COURT: No Action Required. GROVE COURT—Zimmerman: No Action Required. GROVE POINT PLAZA: No Action Required. HIGHLAND OAKS: No Action Required. PLAZA VERDE East: 1. The North side of the parking lot off of Dundee Rd. requires repairs. On Saturday June 2, 2012,photographs were taken of the parking lot so further action can be taken with management. Carol Berman notified and given pictures. PLAZA VERDE West: No Action Required. PLAZA (THE): 1. Removed numerous illegal signs. THE SHOPS AT APTAKISIC CREEK: No Action Required. SPOERLEIN COMMONS: No Action Required. STRATHMORE SHOPPING CENTER: No Action Required. STRATHMORE SQUARE: No Action Required. TOWN CENTER: 1. Three vacant unit signs are required to be removed. 2. Storage unit still in rear of center on South side of building. 3. Sidewalk in need of repairs across from Post Office at Deerfield bakery. VILLAGE PLAZA: No Action Required. WOODLAND COMMONS: 1. Removed numerous illegal signs. Property Maintenance Report submitted by Joe Arizzi, Property Maintenance Inspector. Respectfully submitted, Brian Sheehan Deputy Building Commissioner/Operations BS:jk Page 1 of 1 DEPARTMENT OF BUILDING& ZONING Attachment PUBLIC SAFETY ACTIVITY REPORT September, 2013 LIMITED DISTRIBUTION Citation#L1-074-180: Issued to Donna Devereux Dominick's Store Manager 450 Half Day Road Buffalo Grove, Illinois for violation of Section 5.40.040 of the Municipal Code (Allowing deliveries prior to 7:00 a.m. adjacent to a residential district). This matter is scheduled to be heard on June 7, 2013. June 7,2013: The defendant requested the matter be held over to the July Housing Court date due to personal matters. July 11,2013: All parties appeared. The attorney for Dominick's testified that all vendors have been contacted and informed not to be on the store premises prior to 7 a.m. The matter was held over to September 16, 2013 to insure no additional violations occurred. September 16, 2013: The Village testified that to their knowledge there have been no additional violations and no residential complaints since the July hearing. Based upon this testimony the judge non-suited the matter for compliance. Citation#L1-074-665: Issued to Craig Marchbank 11125 W. 189t'Place Mokena, IL for violation of Chapter 15.04 Section 105.1 of the Municipal Code (Parking lot striping work without a permit at the Town Center Shopping Center). This matter is scheduled to be heard on September 16, 2013. September 16,2013: The Village testified that they had not yet received proof of service, the original citation sent to the business address came back unclaimed. A second notice was sent to the home of the defendant. The matter was held over to the November 21, 2013 Housing Court date. Citation#L1-045-024: Issued to Jason Moser 701 E. Irving Park Rd Roselle, IL for violation of Chapter 15.36 of the Municipal Code (Operating a rental property without a license). This matter is scheduled to be heard on September 16, 2013. September 16,2013: The Village provided proof of service. The defendant did not appear. The judge issued an order for a$500.00 fine and directed the Village to notice the defendant. Defendant was noticed and informed that if he wished to contest the fine he would need to appear at the November 21, 2013 Housing Court date to present his case. ENGINEERING SERVICES MONTHLY REPORT SEPTEMBER 2013 Burdeen's Jewelry Building construction continues. Waterbu Place Public walk construction continues. E.R.James request final PW/Engineering punch lists. Chase Bank—Ranchmart Site work continues. Storm, sanitary and water utility work continues. Villas at Hidden Lake Moved to maintenance period. Bucky's Express Site demolition and earthworks begins. Darr T. Man"� -�P E Village Engineer Kevi Hel�sr Engineering Technician KJ H/Sept13 W ' o J o � _ N z w � J v F a = a J o Z Q m 7 cm-I c�-I a a a ¢ \ o LL LL a o N m N N 01 0 0 O J IN rj O a Ln o N N Pn n o ; g a w w p ¢ Q p � Z p w U F Z W J Q H Q V 2 m wZ Z z H � J CO W LL p Z p U J Q N z 0 W a Q ab tn J Q 3 z cW C W Q a O � z W a g u w Q 0 li (� J yZj O O a ~ W LLIcc Z O 3 r Z F_ _Q z Q N N o o N � N o o " o o 1'4 Z Q : rn m ago m'..m OQ N N u H W � z W W J Y J g w o ~ a Of w Z u ¢ w a z 3 a g W _ ¢ v� p J � W hep > u z Zg w `-" Z Q < /yam v � p w j m Q m '�n W J w W w O p N N N Y a C L mlgug gm a J aO 9� a� o� .'a qo� JO N CY) � a9, N U a��as N N U) Ln N C c b G c, W " N 00 M I ' N IJ— N n LLn n a4 `.J N O � M `° N N O O N N `yb O O N /I Ln N N y N Ln AMENDED AND RESTATED WATER SUPPLY CONTRACT BETWEEN THE NORTHWEST WATER COMMMISSION AND THE VILLAGE OF ARLINGTON HEIGHTS THE VILLAGE OF BUFFALO GROVE THE VILLAGE OF PALATINE THE VILLAGE OF WHEELING DATED ,2013 TABLE OF CONTENTS Page Recitals..................................................................................................................... 1 Paragraph1 —Water Supply................................................................................... 3 (a) Quantity.............................................................. ................... 3 (b) Quality.................................................................................... 4 (c) "Take-or-Pay" Obligation....................................................... 5 (d) Commission Obligation.......................................................... 5 (e) Curtailments............................................................... ............ 5 Paragraph 2 Storage,Delivery,Distribution and Conservation............................................................................................ 6 (a) Municipality Storage Requirement......................................... 6 (b) Points of Delivery ................................................................... 6 (c) Delivery Pressure.................................................................... 7 (d) Operation of Municipal Systems............................................. 8 Paragraph 3—Measuring Equipment...................................................................... 8 (a) Commission Meters and Records............................................ 8 (b) Municipality Check Meters..................................................... 9 (c) Unit of Measurement............................................................... 10 (d) Meter Inaccuracy;Estimated Quantities................................. 10 (e) Notice of Tests,Calibrations and Adjustments............................................................................ 11 Paragraph 4—Satisfaction of Payment Obligations tinder 1983 Agreement......... 12 (a) ................................................................................................ 12 Paragraph 5—Charges; Computation and Termsof Payment.......................................................................................... 12 (a) Annual Charges...................................................................... 12 (b) Guarantee Payment................................................................ 15 (c) Commission Dissolution........................................................ 18 Paragraph 6—Disputes,and Defaults of Payment Obligations..................................................................................................... 18 (a) Payment Disputes;Obligation to Make Disputed Payments;Right to Refund..................................... 18 (b) Payment Defaults................................................................... 19 (c) Remedies................................................................................ 20 Paragraph 7—Covenants........................................................................................ 21 (a) Commission Best Efforts; Conditions.................................... 21 (b) Continuous Supply;Additional Supplies............................... 21 (c) Title;Liability,Hold Harmless.............................................. 21 (d) Commission Charges and Rates Covenant............................. 22 (e) Municipality Charges and Rates Covenant................................................................................. 23 (f) Additional Municipality Covenants....................................... 23 i (g) Character of Payment Obligations as Water Revenue Obligations................................................... 24 (h) Character of Payment Obligations as Operating Expenses................................................................ 25 Paragraph 8—Service to Others............................................................................. 26 Paragraph 9—Force Majeure.................................................................................. 26 Paragraph 10—Modification.................................................................................. 27 Paragraph 11 —Non-Assignability.......................................................................... 28 Paragraph 12—Regulatory Bodies......................................................................... 28 Paragraph13—Notices........................................................................................... 28 Paragraph 14—Severability;Conflicts.................................................................... 29 Paragraph 15—Effective Date and Term................................................................. 30 Paragraph 16—Entire Agreement............................................................................ 30 Indexof Terms.......................................................................................................... 33 ExhibitA................................................................................................................... A-1 Exhibit ................................................................................................................... B-1 ii AMENDED AND RESTATED WATER SUPPLY CONTRACT BETWEEN THE NORTHWEST WATER COMMISSION AND THE VILLAGE OF ARLINGTON HEIGHTS,THE VILLAGE OF BUFFALO GROVE, THE VILLAGE OF PALATINE,AND THE VILLAGE OF WHEELING THIS AMENDED AND RESTATED WATER SUPPLY CONTRACT (hereinafter referred to as this "Contract") made and entered into as of this day of , 2013,by, between and among the NORTHWEST WATER COMMISSION(hereinafter referred to as the "Commission") a water commission created tinder Chapter 65,Article 11, Division 135,Illinois Compiled Statutes (65 ILCS 5111-135-1 e° rr�°a1,), and the VILLAGE OF ARLINGTON HEIGHTS (hereinafter sometimes referred to as "Arlington Heights"), the VILLAGE OF BUFFALO GROVE (hereinafter sometimes referred to as "Buffalo Grove"), the VILLAGE OF PALATINE (hereinafter sometimes referred to as "Palatine"), the VILLAGE OF WHEELING (hereinafter sometimes referred to as "Wheeling"), municipal corporations in Cook and Lake Counties, Illinois acting under the Constitution and laws of the State of Illinois, and each of them, (hereinafter sometimes referred to individually as the "Municipality" and collectively as the"Municipalities"), WHEREAS, the Commission has been created to acquire and operate a common source of supply of water and to develop facilities of sufficient capacity to furnish an adequate supply of potable water to Commission members and customers;and WHEREAS, each of the Municipalities has received from the State of Illinois Department of Transportation an allocation of Lake Michigan water as detailed in said Department's Administrative Opinion and Order LMO 80-4 and, in the case of Palatine, as modified in said Department's Administrative Opinion and Order LMO 81-3;and 1 WHEREAS, the Commission has entered into a Water Supply Contract with the City of Evanston,dated March 4, 1981, as amended, (hereinafter referred to as the"Evanston Contract") in order to have available Lake Michigan water in the quantities herein contracted to be sold by it to the Municipalities;and WHEREAS,the Commission and each of the Municipalities have previously entered into substantially identical Northwest Water Commission Water Supply Contracts dated April 6, 1981, and have amended said Water Supply Contracts by entering into substantially identical First Amendments thereto dated March 15, 1982, in the case of Arlington Heights, Buffalo Grove and Wheeling,and dated March 8, 1982 in the case of Palatine; and WHEREAS, the Commission and the Municipalities have previously on April 4, 1983 entered into a First Amended Water Supply Contract("1983 Agreement'), an Amendment to the 1983 Agreement dated September 5, 1990 and a Second Amendment to the 1983 Agreement dated September 20, 1993;and WHEREAS, each of the Municipalities owns its own waterworks system (hereinafter referred to as the"Municipal Systems" and generally depicted in Exhibit A attached hereto and by this reference incorporated herein and made a part hereof), and is desirous of ensuring an adequate and dependable public water supply; and WHEREAS, the Commission and the Municipalities desire to enter into this Contract in order to consolidate the provisions of the aforementioned Water Supply Contracts, First Amendments, and to provide for other necessary and appropriate amendments to said contracts, amendments and agreement; and WHEREAS,by entering into this Contract, the parties intend that it shall supersede the aforementioned contracts and amendments and that from and after the effective date of this 2 Contract said contracts and amendments shall become mill and void and that this Contract shall thereupon become the entire agreement between and among the Commission and the Municipalities with regard to the matters addressed herein; and WHEREAS, the parties each hereby acknowledge that the Commission will use this Contract as the basis for obtaining credit through the issuance of the Commission's Bonds or other instruments of debt as authorized by law and as the source of funds for payment of the principal, of, premium, if any, and interest on such Bonds, for the payment of its constriction, maintenance and operating expenses, and for the establishment and maintenance of accounts and reserves for such purposes as may be required or authorized by applicable statutes and the . g a i r a�0 ..p.:`r.(...�i.!Lc..N.n, ,..u,.(..r...9..f..i:.°C,r:;and ordinance or ordinances authorizing the issuance of the Bonds WHEREAS, by the execution of this Contract, the Municipalities are surrendering none of their rights to the ownership and operation of their respective Municipal Systems, nor is the Commission surrendering any of its rights to the ownership and operation of its Water Supply System,but each expressly asserts its ownership of and continued right to operate such Systems consistent with this Contract; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements herein contained, and pursuant to authority under the Constitution and laws of the State of Illinois, and particularly Chapter 65,Article 11,Division 135,Illinois Compiled Statutes (65 ILLS 5111-135, e° srLj), 2012; Article VII, Section 10 of the Illinois Constitution of 1970; — (Deleted: 1 J Chapter 127, Section 741 et seq.,Illinois Compiled Statutes, 2012; and the home rile powers of the Municipalities,the Commission and the Municipalities hereby agree as follows: 1. Water Supply. (a) Quantity. Subject to the provisions stated in this Contract, each of the 3 Municipalities agrees to purchase from the Commission and the Commission agrees to sell to each of the Municipalities, an amount of Lake Michigan water necessary from time to time to serve the full water requirements of all present and future customers of the respective Municipalities Municipal Systems,including municipal use, system leakage and metering losses, located within or without the corporate limits of such Municipalities (hereinafter referred to as the Municipalities respective "Full Water Requirements")-, provided, however, that the Commission's obligation to deliver water to each Municipality hereunder during each calendar year shall be limited to a maximum annual amount determined on the basis of that Municipality's average daily water allocation in effect for such calendar year as set forth in Exhibit B attached hereto and by this reference incorporated herein and made a part hereof(hereinafter referred to as each Municipality's "Allocation"); and provided further that the maximum quantity of water that the Commission shall be required to deliver to any Municipality in any one day shall be an amount equal to 1.8 times that Municipality's then average daily water allocation as set forth in Exhibit B. (b) Quality. The Commission shall provide in any and all contracts for its water supply that all water delivered to the Commission tinder said contracts shall be of such quality, at the point of delivery to the Commission tinder said contracts, as to meet the requirements of any Federal, State or local agency as shall have jurisdiction from time to time for establishing public water supply standards. The Commission shall use its best efforts to prevent contamination during transmission from said point of delivery to the Municipalities respective Points of Delivery. The Commission shall not, however, be responsible for water treatment except to the extent necessary to mainatain bacteriological standards in accordance with applicable regulations. 4 (c) "Take-or-Pay" Obligation. Notwithstanding any other provision of this Contract, if at any time any Municipality shall fail to take from the Commission its Frill Water Requirements for whatever reason, that Municipality shall nevertheless be deemed to be taking such Full Water Requirements from the Commission for purposes of determining payments due the Commission under Paragraph 5 hereof. Each of the Municipalities hereby acknowledges its unconditional obligation to make all payments coming due under Paragraph 5 on the basis of its Full Water Requirements regardless of whether all or any portion of its Full Water Requirements are or are not received from or delivered by the Commission, regardless of the reason for any failure to receive or deliver such Full Water Requirements. (d) Commission Obligation. The Commission shall use its best efforts to remain in a position to furnish water as herein contracted to be sold to the Municipalities, but its obligation hereunder shall be limited by the completion and capacity of the Commission's Water Supply System; the amount of water from time to time available to the Commission, accounting for ordinary transmission loss, including standard metering error, between the Commission's source of supply and the Points of Delivery; and contracts between the Commission and its other customers. The Commission undertakes to use reasonable care and diligence to provide a constant supply of water as herein provided for,but reserves the right at any time to turn off the water in its mains for emergency and maintenance purposes. The Commission shall give forty- eight(48)hours'notice of any such turn-off, except that in emergencies it shall give notice which is reasonable under the particular circumstances. (e) Curtailments. In the event that it should become necessary for the Commission to limit the delivery of water through its Water Supply System for any reason, each of the Municipalities shall be entitled to receive during such period of curtailment its respective 5 pro-rata share,based upon the Municipalities' actual usage in the prior Service Year. Nothing in this Contract shall be construed to prohibit the Municipalities or any of them from serving their customers in cases of emergency from any source other than the Commission, including wells owned by the Municipalities and maintained for emergency use in accordance with applicable Rules of the Illinois Department of Transportation. It is expressly understood and agreed, however, that each of the Municipalities shall nevertheless be deemed to be taking its respective Full Water Requirements during any such period of curtailment or emergency for the purpose of determining payments due from it to the Commission tinder Paragraph 5 hereof, and no such curtailment or emergency shall in any way affect or relieve the Municipalities' respective payment obligations hereunder. 2. Storage,Delivery,Distribution and Conservation. (a) Municipality Storage Requirement. Each of the Municipalities shall provide facilities adequate at all times to receive all water required to be delivered hereunder, and shall provide storage capacity for not less than their respective average daily water allocations from time to time as set forth in Exhibit B hereto. (b) Points of Delivery. Each Municipality's "Points of Delivery" shall be defined as the points of outlet where the water delivered hereunder leaves the Commission's Water Supply System and enters such Municipality's receiving storage facilities. The Points of Delivery of water to the Municipalities from the Commission's Water Supply System shall be at the following approximate locations and maximum required elevations: Arlington Heights: 1. 3702 N.Kennicott Avenue 777.0'U.S.G.S. 2. 1405 W.Kirchoff Road—739.0'U.S.G.S. 6 3. 222 N.Ridge—749.0'U.S.G.S. 4. 2302 N.Arlington Heights Road—747.2'U.S.G.S. Buffalo Grove: 1. 400 LaSalle Lane—683.25'U.S.G.S. 2. 120 Horatio Boulevard—678.0'U.S.G.S. 3. 345 S.Arlington Heights Road—73L0'U.S.G.S. 4. 525 N.Arlington Heights Road—703.25'U.S.G.S. Palatine: 1. Palatine High School 781.33'U.S.G.S. 2. Salt Creek at Michigan Avenue—763.68'U.S.G.S. Wheeling: 1. Commonwealth Ed./Soo Line R-O-W South of Lake Cook Road— 695.00'U.S.G.S. 2. Wheeling Road North of Hintz Road—695.00'U.S.G.S. 3. Commonwealth Ed.R-O-W North of Old Willow Road 695.00' U.S.G.S. The location of Points of Delivery may change from time to time upon a unanimous vote of the Commissioners.A current list of all Points of Delivery shall be kept at the offices of the Commission.A change in the Points of Delivery shall not require an amendment to this Contract. (c) Delivery Pressure. Water shall be delivered at atmospheric pressure such that an air gap exists between the Commission's Water Supply System and each Municipality's receiving storage facilities;provided,however, that in the case of Wheeling's Points of Delivery, where water may be delivered at direct pressure during such periods, if any, when delivery 7 conditions are such that delivery takes place at a point higher than the maximum required elevation, and in the case of Buffalo Grove's second Point of Delivery (120 Horatio Boulevard), where a water line connecting a Village well to the receiving storage facility and to Buffalo Grove's Municipal System intersects the Water Supply System at a point located between the Commission's meter and said Point of Delivery,backflow prevention equipment will be provided and maintained in good working order at all times. (d) Operation of Municipal Systems. Each of the Municipalities agrees to operate its Municipal System from the Points of Delivery on to the consumer in such a manner as to at no time place the Commission and its Water Supply System in jeopardy of failing to meet (1) the regulations of any agency or governmental authority having jurisdiction over the operation of public water supply systems or(2)the commitments the Commission has to its other customers and to its water suppliers. Each of the Municipalities also agrees to notify the Commission as promptly as possible of all emergency and other conditions which may directly or indirectly affect the quantity or the quality of the water to be received hereunder or the Commission's Water Supply System or water supply. Each of the Municipalities further agrees to take reasonable measures to conserve water. 3. Measuring Equipment. (a) Commission Meters and Records. The Commission shall furnish, install, operate, maintain,repair and replace at its own expense at the Points of Delivery such metering equipment of a type meeting the standards of the American Water Works Association (hereinafter referred to as "AWWA") as shall be necessary for measuring properly the quantity of water delivered under this Contract, together with such structures as the Commission shall deem necessary to house such equipment and devices. The measurement of water delivered to 8 the Municipalities shall be by said equipment. Such meter or meters and other equipment so installed and strictures so constricted shall remain the property of the Commission. Such strictures and equipment shall be located upon land in which an ownership interest or appropriate easement rights have been provided to the Commission by the respective Municipalities for such purpose. Both the Commission and the respective Municipalities shall have access to such strictures and equipment for examination and inspection at all reasonable times,but the reading for billing purposes, calibration and adjustment of the equipment shall be done only by the employees or agents of the Commission, not more than once in each calendar year,the Commission shall,if so requested in writing by any Municipality,calibrate its meters in the presence of representatives of each of the Municipalities. The parties shall jointly observe any adjustments which are made to the meters in case any adjustments shall be necessary. For the purpose of this Contract, the official record of readings of the meter or meters shall be the journal or other record book of the Commission in its office in which the records of the employees or agents of the Commission who take the readings are or may be transcribed. Upon written request of any Municipality,the Commission will give such Municipality a copy of such journal or record book, or permit the Municipality to have access thereto in the office, of the Commission during regular business hours. (b) Municipality Check Meters. Each of the Municipalities may, at its option and own expense, install and operate a check meter to check each meter installed by the Commission at such Municipality's Points of Delivery, but except in the cases hereinafter specifically provided to the contrary, the measurement of water for the purpose of this Contract shall be solely by the Commission's meters. All such check meters shall be of standard make, shall meet AWWA standards, and shall be subject at all reasonable times to inspection and 9 examination by any employee or agent of the Commission, but the calibration and adjustment thereof shall be made only by the respective Municipalities, except during any period when a check meter may be used pursuant to the provisions hereof for measuring the amount of water delivered,in which case the calibration and adjustment thereof shall be made by the Commission with like effect as if such check meter or meters had been furnished and installed by the Commission. Any calibration of such meters shall be done only in the presence of a representative of the Commission and the parties shall jointly observe any adjustment in case any adjustment is necessary. (c) Unit of Measurement, The unit of measurement for water delivered hereunder shall be gallons of water, U.S. Standard Liquid Measure, and all measuring devices shall, unless the parties otherwise agree, be so calibrated. In the event that it should become necessary or desirable to use other units of measurement, the basis of conversion shall be that 7.48 gallons is equivalent to one(1)cubic foot. (d) Meter Inaccuracy; Estimated Quantities. If any party hereto at any time observes a variation between a delivery meter and any check meter, or any other evidence of meter malfunction, such party shall promptly notify all of the other parties and the parties hereto shall then cooperate to procure an immediate calibration test and adjustment of such meter to accuracy and shall jointly observe any such adjustment. If, upon any test, the percentage of inaccuracy of any meter is found to be in excess of two percent (2%), the registration thereof shall be corrected, by agreement of the parties based upon the best data available, for a period extending back to the time when such inaccuracy began, if such time is ascertainable, and if such time is not ascertainable, then for a period extending back one-half (1l2) of the time elapsed since the last date of calibration, but in no 10 event further back than a period of six(6)months. If for any reason any meters are out of service or out of repair so that the amount of water delivered cannot be ascertained or computed from the reading thereof,the water delivered during the period such meters are out of service or out of repair shall be estimated and agreed upon by the parties hereto upon the basis of the best data available. For such purpose, the best data available shall be deemed to be the registration of any check meter or meters if the same have been installed and are accurately registering. Otherwise, the amount of water delivered during such period may be estimated (1) by correcting the error if the percentage of the error is ascertainable by calibration tests or mathematical calculations, or (2) if the error is not ascertainable by calibration tests or mathematical calculation, by estimating the quantity of delivery by considering other data deemed relevant by the Parties, including but not limited to deliveries during preceding periods when the meter or meters were registering accurately. During any period of such disagreement, the Commission's estimate of water delivered shall be used for the purpose of computing payments due tinder this Contract, and any adjustments based upon later resolution of such disagreement shall be made by appropriate adjustments to the quarterly installment payments of the affected Municipalities'Annual Charges remaining to be paid during the Service Year. (e) Notice of Tests, Calibrations and Adjustments. Each party shall give the other parties forty-eight(48)hours'notice of the time of all tests,calibrations and adjustments of meters so that the other parties may conveniently have a representative present. If said representatives are not present at the time set in such notice/testing, calibration and adjustment, then the party may, notwithstanding any other provision of this Paragraph, proceed in the absence of said representatives. 11 4. Satisfaction of Payment Obligations tinder 1983 Agreement. (a) It is hereby understood and agreed that all payments required pursuant to Paragraph 4 of the 1983 Agreement have been paid. 5. Charges;Computation and Terms of Pam. (a) Annual Charges. Each of the Municipalities agrees to pay the Commission, during each "Service Year," an "Annual Charge" which shall be the respective "Municipality's Share"of the Commission's"Net Annual Cost". The "Service Year" shall extend from May 1 to April 30. The dates for a service year may be changed by majority vote of the Commissioners. Each"Municipality's Share" shall be a fraction of which(1)the numerator is the amount of water delivered(or deemed to be delivered under subparagraph 1(c) above if less than its Full Water Requirements are taken) to that Municipality by the Commission during the prior twelve consecutive month period ended on December 31 immediately preceding the start of the Service Year in question and (2) the denominator is the total amount of water delivered (or deemed to be delivered under subparagraph 1(c) above if less than their total Full Water Requirements are taken) to all of the Municipalities by the Commission during such twelve consecutive month period. The Commission's"Net Annual Cost" shall be an amount determined by the Commission as the excess of"Commission Expenses"over"Commission Receipts" during the Service Year. "Commission Expenses" shall be those amounts determined from time to time by the Commission to be necessary: (1) to pay, as they come due, the costs of operation and maintenance of the Commission's Water Supply System,including those charges payable by the Commission under the Evanston Contract; (2) to pay, as they come due, the principal of, at maturity or pursuant to mandatory redemption requirements, premium, if any, and interest on 12 any loans obtained or bonds issued by the Commission; (3) to provide an adequate depreciation find for the Commission's Water Supply System as determined by the Commission on the basis of its statutory duties and its obligations under the Bonds and the ordinance or ordinances authorizing the issuance of the Bonds; (4) to comply with the covenants of the ordinance or ordinances authorizing the issuance of any loans obtained or bonds issued by Commission;(5)to meet parity bond requirements of the ordinance or ordinances authorizing the issuance of any loans obtained or bonds issued by Commission; (6) to repay all obligations incurred by the Commission for which other adequate provision has not been made; and(7) to fund other such reserves as are deemed appropriate and prudent by the Commission. Commission Receipts shall be those amounts(if any)determined from time to time by the Commission to be available from(1)rates and charges to be collected by the Commission tinder water service contracts with Commission customers or members other than the Municipalities; (2) any other revenues (other than revenues collected by the Commission pursuant to this Contract) to be collected by the Commission for or with respect to the use or services of its Water Supply System; (3) interest to be credited to the Water Fund established by the initial ordinance authorizing the issuance of any loans obtained or bonds issued by Commission; and (4) any surplus on hand, without regard to its source, and, in the sole discretion of the Commission, available to the Commission to pay or provide for Commission Expenses during the Service Year. The Commission's financial books and records shall be audited annually by a qualified independent certified public accountant. Each of the Municipalities shall be provided with a report of each such annual audit. On or before two months prior to the commencement of a new fiscal year, the 13 Commission shall prepare a budget for the next following Service Year and shall in such budget determine the Net Annual Cost and each Municipality's Share thereof, and each Municipality's Annual Charge for the next following Service Year. The Commission shall then deliver to each of the Municipalities a statement of such Net Annual Cost,that Municipality's Share thereof and its Annual Charge, which statement shall include a detailed explanation of the computations thereof. Said statement shall serve as the basis for each Municipality's payment of its Annual Charge during the said next following Service Year. Following receipt of the aforesaid statement each of the Municipalities shall pay to the Commission, without further demand by the Commission, said Municipality's Annual Charge. Said Annual Charge shall be paid in advance in four installments as follows: 30%of the Annual Charge on or before May 1 and August 1,and 20%of the Annual Charge on or before November 1 and February 1 of each Service Year. Payments under this Contract shall be made to the Commission at its principal office or,upon written notice to the Municipalities,directly to a bank or trust company selected by the Commission as a depository of funds received hereunder to carry out the purposes of this Contract. Throughout the duration of each Service Year, the Commission shall analyze and, if necessary, revise its budget and review each Municipality's Share and its Annual Charge required hereunder to determine if such Annual Charges are sufficient to meet the Commission's reasonably foreseeable obligations as they come due and to determine if said Municipality's Shares are equitable as among the Municipalities. In the event that such Annual Charges are deemed not sufficient for any reason, or in the event that such Municipality's Shares are deemed inequitable due to any substantial unforeseen change in any Municipality's water needs, the Commission shall adjust any or all of the Municipalities' Annual Charges to provide sufficient 14 and equitable amounts provided, however, that in no event shall the Municipalities' Annual Charges, taken together, be less than an amount sufficient to cover the Net Annual Cost; and, provided further, that no such adjustment shall be permitted if, as a result, the Commission would not be able to meet Commission Expenses as they came due or if such adjustment would violate any Commission obligation tinder any loans obtained or bonds issued by Commission or the ordinance or ordinances authorizing the issuance of any loans obtained or bonds issued by Commission. A detailed statement setting forth the reason for any such adjustments and the calculation thereof shall be delivered to each of the Municipalities no less than thirty (30) days prior to the due date of the first installment payment to be based thereon.Any additional amounts due the Commission or reductions due any Municipality pursuant to any such adjustment shall be paid or credited, as the case may be, in equal installments as part of the installment payments remaining to be paid during the Service Year in question. In addition to any adjustments that may be made pursuant to the foregoing paragraph,the Commission may also bill the Municipalities for their respective Municipality's Shares of any amounts required by the Commission to cover any final Quantity Charge issued by the City of Evanston or any other water supplier to the Commission pursuant to the provisions of the Evanston Contract or contract with any other water supplier, and each of the Municipalities hereby agrees to pay the amount of any such bill to the Commission within 21 days after delivery by the Commission of such bill. (b) Guarantee Pam. In the event that any Municipality shall fail to make in fill any quarterly installment payment claimed by the Commission to be due tinder subparagraph 5(a) hereof, and such non-payment shall continue for a period in excess of thirty (30)days from the due date, each of the other,non-defaulting Municipalities agrees that it shall, 15 on each of its regular quarterly installment payment dates following such non-payment and until all arrearages,including any additional non-payments by the defaulting Municipality, have been eliminated, make, in addition to all other payments hereunder required, a quarterly "Guarantee Payment" which shall be calculated by multiplying its "Guarantee Share" by the "Guarantee Revenue Need". Each non-defaulting Municipality's"Guarantee Share" shall be a fraction of which(1)the numerator is the amount of water delivered, or deemed to be delivered under subparagraph 1(c) hereof, to that Municipality during the most recent quarterly billing period for which the Commission has complete data and(2)the denominator is the total amount of water delivered,or deemed to be delivered under subparagraph 1(c) hereof, during the same quarterly period to all of the Municipalities which are then not in default in their payments due to the Commission pur- suant to this Paragraph 5. The"Guarantee Revenue Need" shall be an amount determined by the Commission to be necessary to be collected on or before the next quarterly installment payment date in order to permit the Commission to meet all of its obligations as they come due, including amounts sufficient: (1) to pay the costs of operation and maintenance of the Water Supply System, including those charges payable by the Commission under the Evanston Contract; (2)to provide an adequate depreciation fiend for the Water Supply System as determined by the Commission on the basis of its statutory duties and its obligations under any loans obtained or bonds issued by Commission and the ordinance or ordinances authorizing the issuance of any loans obtained or bonds issued by Commission; (3) to pay the principal of, at maturity or pursuant to mandatory redemption requirements, premium, if any, and interest on the Bonds; (4) to comply with the covenants of the ordinance or ordinances authorizing the issuance of any loans obtained or bonds 16 issued by Commission; and (5) to carry out the Commission's corporate purposes and powers, notwithstanding the defaulting Municipality's failure to make the payments claimed to be due from it under this Paragraph 5. For purposes of this subparagraph(b), a"sufficient" amount shall mean an amount adequate,when taken together with any and all other amounts available,in the sole discretion of the Commission, to enable the Commission to meet its obligations and responsibilities as they come due, including without limitation the making of all deposits required to be made under the ordinance or ordinances authorizing the issuance of any loans obtained or bonds issued by Commission. The Commission agrees to notify each non-defaulting Municipality of the amount of any Guarantee Payment required under this subparagraph(b) at least 30 days in advance of the next quarterly installment payment date, to supply the Municipality with all supporting calculations, and to certify to the Municipality that the Guarantee Payment is necessary to permit the Commission to meet its obligations as they come due. The Commission further agrees to advise the non-defaulting Municipalities of steps being taken to cure the default. Nothing in this subparagraph(b)shall be construed to relieve the defaulting Municipality of its obligation to make all payments due hereunder, calculated in accordance with subpara- graphs 5(a) and without regard to this subparagraph(b),or to limit the rights of the Commission, the non-defaulting Municipalities, the holders of any loans obtained or bonds issued by Commission or any trustee appointed for the benefit of the holders of any loans obtained or bonds issued by Commission from enforcing this Contract at law or in equity, by specific performance,mandamus or otherwise. The Commission agrees to reimburse the non-defaulting Municipalities for any additional sums paid by them as Guarantee Payments in accordance with this subparagraph (b), together 17 with interest thereon at the rate of interest actually paid to the Commission on the past dice amounts tinder subparagraph 6(b), by appropriate adjustments to the quarterly installment payments of the non-defaulting Municipalities' Annual Charges, at such time as the past due amounts have been paid to the Commission and become available in the Surplus Account or such other find or account from which such reimbursement may be paid under the ordinance or ordinances authorizing the issuance of any loans obtained or bonds issued by Commission; provided,however, that the parties hereto hereby acknowledge and agree that the Commission's reimbursement obligation under this subparagraph (b) shall be subordinate to the Commission's obligations tinder the ordinance or ordinances authorizing the issuance of any loans obtained or bonds issued by Commission and applicable statutes. (c) Commission Dissolution. In the event of a dissolution of the Commission, Commission assets shall be distributed to each of the Municipalities according to their respective percentage of water used in the prior five(5) Service Years. 6. Disputes and Defaults of Payment Obligations. (a) Payment Disputes; Obligation to Make Disputed Payments; Right to Refund. In the event that any of the Municipalities desires to dispute all or any part of any payment claimed by the Commission to be due pursuant to this Contract, or the basis for any such payment, that Municipality shall nevertheless pay the full amount of such payment when claimed by the Commission to be due and shall provide written notification to the Commission, not later than the due date of such payment,that the payment is disputed,the grounds for dispute and the amount in dispute, and shall also provide a copy of such notification to each of the other Municipalities. Upon any notification of dispute given as hereinabove set forth representatives of the 18 Commission shall meet with representatives of the disputing Municipality to resolve such dispute. In the event that said representatives are unable to resolve the dispute within thirty (30) days following the date of notification the dispute shall be deemed unresolved, unless extended mutually by the parties,and the parties shall be allowed to pursue any and all remedies under this Contract. The existence of such dispute shall not excuse the Municipality in question from continuing to make all payments from time to time claimed by the Commission to be due tinder this Contract as such payments come due; provided, however, that should any such dispute be finally resolved in favor of the Municipality so as to establish that excessive payments were demanded by the Commission and paid by said Municipality, the excess amounts of said payments, together with interest on such amounts at the highest legal rate payable by the Commission, not to exceed 75% of the prime rate of interest established by the largest bank in the State of Illinois measured in terms of total assets, shall be refunded to said Municipality by means of a credit on its first quarterly installment payment due for the Service Year next following the Service Year in which such dispute is finally resolved or on such earlier quarterly installment payment as may be agreed to by the Commission. No Municipality shall be entitled to any adjustment or relief on account of any disputed charges unless the disputed charges are brought to the attention of the Commission within the time and in the manner herein specified, or within a reasonable period from the time the Municipality knew or should have known of the facts giving rise to the dispute. (b) Payment Defaults.In the event that any Municipality shall fail to make,on or before the due date, any payment or portion thereof claimed by the Commission to be due pursuant to this Contract,interest on the amount of such payment or unpaid portion thereof shall, whether or not such payment is disputed, accrue during the period of non-payment at the then 19 maximum legal rate payable by that Municipality, not to exceed 100% of the prime rate published by the Wall Street Journal measured in terms of total assets. In the event that any payment or portion thereof claimed by the Commission to be due pursuant to this Contract is not made within thirty (30) days from the date such payment becomes due, the Commission may at its option and in its discretion, and whether or not such payment is disputed,reduce or discontinue delivery of water to the defaulting Municipality until the amount claimed to be due to the Commission is paid in full with interest as herein specified. The Commission shall give the defaulting Municipality ten (10) days notice of its intention to reduce or discontinue delivery of water in accordance with this subparagraph (b) and shall provide the defaulting Municipality a reasonable opportunity for a hearing prior to any reduction or discontinuance. If the Commission reduces or discontinues the delivery of water tinder such circumstances, the Municipality shall, nevertheless, continue to be liable to make all payments hereunder as if it were taking its Full Water Requirements. (c) Remedies. In addition to the rights specified in subparagraph (b), the Commission, any non-defaulting Municipality,the holders of any loans obtained or bonds issued by Commission and any trustee appointed for the benefit of the holders of any loans obtained or bonds issued by Commission shall have all other rights and remedies available at law or in equity for breach of any of the provisions of this Contract, including the right to specifically enforce such provisions or to seek mandamus,which rights shall be available with respect to any and all payments claimed to be due hereunder,whether or not such payments are in dispute,it being the intent of the parties that said payments shall continue to be made during periods of dispute, subject to refund as provided in subparagraph 6(a) above in the event that such dispute is resolved in favor of a disputing Municipality. 20 7. Covenants. (a) ,Conditions. It is expressly understood and agreed that any obligation on - (Deleted:Commission Best Efforts the part of the Commission to finance, constrict, maintain, improve, expand, and operate the Water Supply System and to deliver water hereunder shall be conditioned upon the following: (1) receiving the necessary permits and approvals of all Federal, State and local governmental entities and agencies having jurisdiction over the project or any aspect of it; (2)sale of any loans obtained or bonds issued by Commission in an amount to provide for the constriction and acquisition of the Commission's Water Supply System; (3)the Commission's ability to obtain all necessary material, labor, and equipment necessary for constriction and/or maintenance of the Commission's Water Supply System; (4) the Commission's ability to secure and maintain an adequate water supply under the Evanston Contract or through other available means; and(5)the respective Municipalities constriction and maintenance of all equipment and facilities necessary to receive and take water from the Commission at the Points of Delivery. (b) Continuous Sully, Additional Sullies. The Commission shall, subject to the other terms and conditions of this Contract, continually hold itself ready,willing, and able to supply water to the Municipalities. The Commission shall also use its best efforts, consistent with its legal obligations to its other members and customers and consistent with fair and equitable treatment of all of its members, to supply the Municipalities with such additional amounts of water as may from time to time be allocated to any of them by the Illinois Department of Transportation over and above the allocation amounts set forth in Exhibit B hereto,but the Commission does not hereby guarantee to supply such additional amounts. (c) Title; Liability;Hold Harmless. Title to all water supplied hereunder shall remain in the Commission to the Points of Delivery, and upon passing each Point of Delivery, 21 title to the Water shall pass to the respective Municipalities. Each party hereto hereby agrees to save and hold the other parties harmless from all claims, demands, and causes of action which may be asserted by anyone on account of the transportation, delivery, and disposal of water while title is in such party. This covenant is not made for the benefit of any third party. (d) Commission Charges and Rates Covenant. The Commission hereby covenants to establish such charges and rates for water supplied to the Municipalities as will be sufficient at all times (1) to pay the costs of operation and maintenance of its Water Supply System,including those charges payable by the Commission tinder the Evanston Contract; (2)to provide an adequate depreciation fund for its Water Supply System as determined by the Commission on the basis of its statutory duties and its obligations under any loans obtained or bonds issued by Commission and the ordinance or ordinances authorizing the issuance of the Bonds any loans obtained or bonds issued by Commission;(3)to pay the principal of,at maturity or pursuant to mandatory redemption requirements, premium, if any, and interest on any loans obtained or bonds issued by Commission; (4) to comply with the covenants of the ordinance or ordinances authorizing the issuance of any loans obtained or bonds issued by Commission; and (5)to carry out its corporate purposes and powers. For purposes of this subparagraph (d), a "sufficient" amount shall mean an amount adequate,when taken together with any and all other amounts available,in the sole discretion of the Commission, to enable the Commission to meet its obligations and responsibilities as they come due,including without limitation the making of all deposits required to be made tinder the ordinance or ordinances authorizing the issuance of any loans obtained or bonds issued by Commission. (e) Municipality Charges and Rates Covenant, Each of the Municipalities 22 hereby covenants to establish such charges and rates for water supplied by it to consumers as will be sufficient at all times (1) to pay the cost of operation and maintenance of its Municipal System, including those amounts necessary to pay the charges and rates established by the Commission hereunder;(2)to provide an adequate depreciation fiend for such Municipal System; (3) to pay the principal of and interest on all of its revenue bonds payable from the revenues of its Municipal System and to meet all other requirements of any ordinances authorizing its revenue bonds for water or sewer purposes; and (4) to pay the charges and rates established by the Commission for the sale of water by the Commission to the Municipalities. For purposes of this subparagraph (e), a "sufficient" amount shall mean an amount adequate,when taken together with any and all other amounts which have been set aside,in cash or investments, in a separate account and legally designated, pledged and appropriated for the purpose of making payments due under Paragraph 5 of this Contract, to enable the Municipality to make all such payments as they come due. (f) Additional Municipality Covenants. Each of the Municipalities further covenants: (1)to operate and maintain its Municipal System in good repair and working order so as at all times to be in a position to receive and distribute the water required to be purchased from the Commission pursuant to this Contract;(2)to continue to possess,control and operate its Municipal System and dispose of components of such System only to the extent that such components are no longer useful in the operation of the Municipal System, and not to mortgage or encumber such System (except for such pledge of revenues as may be required to issue its bonds payable from the revenues of said System in accordance with applicable law and the provisions of this Contract); (3) to carry insurance or other risk management protection on its Municipal System of the kinds and in the amounts which are customarily carried by parties 23 operating similar facilities; (4)to use its best efforts to continue serving all current customers of its Municipal System, and to cause its Municipal System to be expanded to serve all future water users in the Municipality, all to the fullest extent allowable by law; (5) to use its best efforts to maintain in effect at all times a Lake Michigan water allocation that will satisfy its Full Water Requirements; (6) to provide the Commission with a report of all water taken from any source other than the Water Supply System within 10 days after the end of any calendar month in which it takes such water; (7) to provide for the segregation of all revenues from its Municipal System in a separate Municipality fund not to be commingled with any other Municipality funds and to provide for the application of such revenues for purposes of making the payments due tinder Paragraph 5 hereof; and (8) to make all budgetary, emergency and other provisions and appropriations necessary to provide for and authorize the prompt payment to the Commission of all amounts claimed by the Commission to be due tinder this Contract. (g) Character of Payment Obligations as Water Revenue Obligations. This Contract shall not be construed to constitute an indebtedness of any of the Municipalities within the meaning of any statutory or constitutional limitation. It is expressly understood and agreed that all payments to be made hereunder by the Municipalities may be required to be made only from revenues to be derived by each of them from the operation of their respective Municipal Systems, and this Contract shall be a continuing, valid and binding obligation of each of the Municipalities payable from such revenues throughout the term hereof. Without in any manner limiting the foregoing provisions of this subparagraph (g), it is also expressly understood and agreed that the aforesaid revenues from the operation of the said Municipal Systems shall remain available for payments due or claimed to be due tinder this Contract without regard to any designation of such revenues by the Municipalities from time to time as operating revenue, 24 retained earnings, reserves, surplus or otherwise. Nothing in this subparagraph (g) or this Contract shall,however,prohibit any Municipality from using any other legally available funds for payments due hereunder. (h) Character of Payment Obligations as Operating Expenses. Inasmuch as obtaining water is an essential item of expense of a waterworks system, each of the Municipalities hereby represents and covenants that all payments required to be made by it pursuant to the provisions of Paragraph 5 hereof shall constitute operating expenses of its Municipal System and that such payments will constitute operating expenses as to any and all revenue bonds of that Municipality which are supported in whole or in part by a pledge of the revenues of its Municipal System, with the effect that such Municipality's obligation to make payments from its water revenues tinder this Contract has priority over its obligation to make payments of the principal of and interest on any such bonds which are or will be supported in whole or in part by a pledge of that Municipality's Municipal System revenues. Consistent with this subparagraph(h), each of the Municipalities hereby covenants and agrees that from and after the date of this Contract, any ordinance or resolution to be passed by it authorizing the issuance of Municipality obligations to be paid from the revenues of its Municipal System shall expressly provide that the revenues of the Municipal System may be used to pay the principal of and interest on such obligations only to the extent that those revenues exceed amounts required to pay the operating expenses of the Municipality's Municipal System,including all payments to be made by it under this Contract regardless of whether water is being delivered or is ever delivered to the Municipality hereunder. Without in any manner limiting the foregoing provisions of this subparagraph (h), it is also expressly understood and agreed that the obligation of each of the Municipalities tinder this Contract shall be enforceable against and collectable from any monies 25 from time to time available in any of the various accounts and funds, including reserve and surplus accounts,maintained by the respective Municipalities in connection with their Municipal Systems. 8. Service to Others. Except for this Contract, no contract for the sale of water by the Commission to any customer shall be entered into unless authorized by a majority vote of the Commissioners and unless such contract contains rates or charges to any customer that are at least equivalent to the rates and charges provided by this Contract for the Municipalities. The Commission hereby acknowledges that future customers, other than the Municipalities, will not have incurred the same risks nor undertaken the same financial obligations,as the Municipalities, and the Commission hereby agrees to take account of the risks and obligations undertaken by the Municipalities, including the fact that certain amounts paid by the Municipalities, and which were not to be repaid or were repaid only in part, when determining rates and charges to be included in contracts for water service to such future customers. The addition of new members to the Commission shall require the affirmative vote of the governing bodies of the Municipalities. 9. Force Majeure. In case by reason of Force Majeure any party hereto shall be rendered unable wholly or in part to carry out any of its obligations under this Contract, then if such party shall give notice and full particulars of such Force Majeure in writing to the other parties within a reasonable time after occurrence of the event or cause relied on,the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed,but for no longer period, and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "Force Majeure" as employed herein shall mean acts of God, strikes,lockouts or other industrial disturbances,acts of public enemy,orders of any kind of the Government of the United States,of 26 the State of Illinois, or of any civil or military authority, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery,pipelines,canals,or tunnels,partial or entire failure of water supply, and inability on the part of the Commission to deliver water hereunder or of the Municipalities to receive water hereunder,on account of any other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. Notwithstanding the foregoing,Force Majeure shall not relieve any of the Municipalities of their respective obligations to make,when due, all payments as required tinder this Contract whether or not such Force Majeure results in a delay,interruption or termination of water delivery to such Municipality. 10. Modification. Except as provided herein, this Contract may be changed or modified only with the unanimous consent of the Commissioners. Such modification may be requested by any party,in which event,unless the parties agree to some other procedure, a joint meeting of the Commissioners shall be held not more than ninety (90) days after the giving of such notice, at which joint meeting the requested changes or modifications shall be considered and discussed. No such change or modification shall be made which will affect the rights and interests of the holders of any loans obtained or bonds issued by Commission except in accordance with the provisions of the ordinance or ordinances authorizing the issuance of any 27 loans obtained or bonds issued by Commission. 11. Non-Assignability. No party shall assign, sublet, or transfer this Contract or any rights or interests herein without the written consent of the Commission and all of the Munici- palities, except that this provision shall not be deemed to preclude the Commission from including in any bond covenants or any ordinance or ordinances authorizing the issuance of any loans obtained or bonds issued by Commission any provisions of whatever nature giving bondholders or any trustee appointed for their benefit rights in or tinder this Contract,including, without limitation,the right to enforce the provisions of this Contract. It is hereby expressly agreed that in the event of the appointment of a trustee or trustees for the benefit of the holders of any loans obtained or bonds issued by Commission, such trustee or trustees may take whatever action at law or in equity it or they shall deem necessary or desirable to collect any payments or other amounts then due or thereafter to become due hereunder or to enforce performance and observance of any obligation, agreement or covenant of the parties hereto or of any of them, including,without limitation, the securing of mandamus or specific performance of the provisions of this Contract. 12. Regulatory Bodies. This Contract shall be subject to all valid riles, regulations, and laws applicable hereto passed or promulgated by the United States of America, the State of Illinois, or any governmental body or agency having lawful jurisdiction, or any authorized representative or agency of any of them;provided,however,that this Paragraph shall not be con- strued as waiving the right of any party to challenge such jurisdiction or the validity of any such rile,regulation,or law on any basis,including the impairment of this Contract. 13. Notices. Except in cases of emergency, all notices or communications provided for herein shall be in writing and shall be delivered to the Municipalities or the Commission 28 either in person or by United States mail, via registered mail, return receipt requested,postage prepaid,addressed to the Municipalities as follows: Village Manager Village of Arlington Heights 33 South Arlington Heights Road Arlington Heights,Illinois 60005 Village Manager Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove,Illinois 60090 Village Manager Village of Palatine 200 East Wood Street Palatine,Illinois 60067 Village Manager Village of Wheeling 255 West Dundee Road Wheeling,Illinois 60090 or addressed to the Commission as follows: Executive Director Northwest Water Commission 1525 North Wolf Road Des Plaines,IL 60016 until and unless other addresses are specified by notice given in accordance herewith. Notices and communications shall be deemed to be given or delivered on the date of delivery, if in person,or two days (excluding Saturdays, Sundays and holidays) after deposit in the mail,if by United States mail. Notice which is reasonable in view of the circumstances shall be given in cases of emergency. 14. Severability; Conflicts. Should any part, term, or provision of this Contract be determined by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining portions or provisions shall not be affected thereby. 29 It is expressly understood and agreed that in the event that there should at any time be any conflict or possibility of conflict between the provisions of this Contract and the provisions of the ordinance or ordinances authorizing the issuance of any loans obtained or bonds issued by Commission regarding the obligations of the Commission and the Municipalities, the provisions of the ordinance or ordinances authorizing the issuance of any loans obtained or bonds issued by Commission shall prevail. 15. Effective Date and Term. This Contract shall become effective at such time as it has been duly executed by the Commission and all of the Municipalities and shall continue in force and effect for a period of forty (40) years from the effective date of this Contract. The Municipalities and the Commission agree to begin negotiation of a succeeding Water Supply Contract not later than five(5)years prior to the termination of this Contract. 16. Entire Agreement.From and after the effective date of this Contract,this Contract shall be deemed to and it shall supersede the following Agreements: Northwest Water Commission Water Supply Contract for the Village of Arlington Heights,dated April 6, 1981 Northwest Water Commission Water Supply Contract for the Village of Buffalo Grove,dated April 6, 1981 Northwest Water Commission Water Supply Contract for the Village of Palatine, dated April 6, 1981 Northwest Water Commission Water Supply Contract for the Village of Wheeling,dated April 6, 1981 First Amendment to Water Supply Contract for the Village of Arlington Heights, dated March 15, 1982 30 First Amendment to Water Supply Contract for the Village of Buffalo Grove, dated March 15, 1982 First Amendment to Water Supply Contract for the Village of Palatine, dated March 8, 1982 First Amendment to Water Supply Contract for the Village of Wheeling, dated March 15, 1982 Intergovernmental Agreement Providing for Proportionate Transfers of Funds Between the Northwest Water Commission and its Member Municipalities dated March 15, 1982 First Amended Water Supply Contract Between the Northwest Water Commission and the Village of Arlington Heights,the Village of Buffalo Grove,the Village of Palatine,the Village of Wheeling dated April 4, 1983 First Amendment to the First Amended Water Supply Contract dated September 5, 1990 Second Amendment to the First Amended Water Supply Contract dated September 20, 1993 and said Agreements shall thereupon become null and void and of no further force or effect,and this Contract shall thereupon become the entire agreement between the Commission and the Municipalities with regard to the matters addressed herein. IN WITNESS WHEREOF,the parties hereto acting under authority of their respective governing bodies have caused this Contract to be duly executed in several counterparts, each of which shall constitute an original all as of the day and year first written above. 31 ATTEST: NORTHWEST WATER COMMISSION By Chairman VILLAGE OF ARLINGTON HEIGHTS By Village President VILLAGE OF BUFFALO GROVE By ( Mayor ryJ Illy ��x�;, '^c�,ll'�� Belur Deleted: VILLAGE OF PALATINE By Mayor VILLAGE OF WHEELING By President 32 Index of Defined Terms Term Page Paragraph 1983 Agreement.......................................2 AWWA....................................................8 3 (a) Allocation................................................4 1 (a) Annual Charge.........................................12 5 (a) Arlington Heights....................................I Buffalo Grove..........................................I Commission.............................................I Commission Expenses.............................12 5 (a) Commission Receipts..............................12 5 (a) Contract....................................................I Evanston Contract....................................2 Force Majeure..........................................26 9 Full Water Requirements.........................4 1 (a) Guarantee Payment..................................16 5 (b) Guarantee Revenue Need........................16 5 (b) Guarantee Share.......................................16 5 (b) Municipality(ies)......................................I Municipality's Share................................12 5 (a) Municipal Systems...................................2 Net Annual Cost......................................12 5 (a) Palatine....................................................I Points of Delivery....................................6 2(b) Service Year.............................................12 5 (a) Wheeling..................................................1 33 EXHIBIT A NORTHWEST WATER COMMISSION WATER SUPPLY SYSTEM AND MUNICIPALITY MUNICIPAL SYSTEMS [ON FILE WITH THE NORTHWEST WATER COMMISSION] A-1 EXHIBIT B LAKE MICHIGAN ALLOCATIONS* (In million gallons per day) Arlington Palatine Wheeling Buffalo Heights Grove 1984 8.316 6.088 2.497 2.456 1985 8.350 6.193 2.690 2.594 1986 8.384 6.290 2.774 2.717 1987 8.418 6.437 2.858 2.840 1988 8.452 6.585 2.942 2.964 1989 8.486 6.731 3.026 3.087 1990 8.520 6.879 3.110 3.210 2000 8.850 7.706 3.650 4.487 2010 9.180 7.859 3.716 4.507 2020 9.500 8.505 4.005 4.920 *As amended from time to time by )N R B-1 Services For generations, Melrose Pyrotechnics has been creating celebrations for loyal audiences everywhere. Melrose Pyrotechnics is the place technology meats tradition'. We deliver an unparalleled brand of passion plus talent, powered by the best and brightest in fireworks techniques. Traditional Displays Pyromusical Displays Whether you are planning a Fourth of July celebration,wedding While many companies can turn on music and shoot off shells, it's reception, company party,or anything in between,you can be as- rare to discover the kind of synergy that fuses musical production sured that Melrose Pyrotechnics will provide you with a fireworks with technical artistry to build a full-blown pyromusical event.With the display that will fit your budget and surpass your expectations. latest in computer scripting software,Melrose completely designs When it comes to traditional fireworks displays, Melrose and synchronizes your show before it ever leaves our facilities. Pyrotechnics is second-to-none. From your first meeting with our Our soundtrack artist is a versatile music aficionado, ready event producers to your display's grand finale, our team of to listen to your tastes and custom-build a show around your professionals will be with you every step of the way. theme.Our choreographers specify the perfect companion effects and timing to build entertainment that defies imagination. Every Melrose Pyrotechnics display is customized and individually Our state-of-the-art production studios offer broadcast-quality, designed for your event.We hand-select each pyrotechnic device digitally edited soundtracks.Once music is selected,a Melrose that we use in your program,which allows us to create and pres- ent customized scenes of color and special effects throughout display choreographer fuses fireworks with the soundtrack using your entire display. computer design software to achieve incredible precision and split-second timing. Our commitment to you and your show is unprecedented in the Through a collaborative development process,we follow your lead, fireworks industry, and it doesn't end with the fireworks display. offer creative direction, and provide fully detailed previews and We personally ensure that all ancillary details prior to and after soundtracks for your feedback as we lead up to the show.We the show are addressed in a professional manner. choreograph every sound and shell to create the look and feel you envision for your spectators. Sports Entertainment Whether it's celebrating team introductions,opening ceremonies, Indoor Pyrotechnics/Special Effects delivery of the National Anthem,a stunning achievement, or the From indoor sporting events to concert stages, Melrose excels in culmination of a high-powered sporting event,a fireworks produc producing indoor pyrotechnic shows.We rev up the excitement tion is the extra dimension that sends crowds into ecstasy. with our diverse inventory of gerbs,fountains, mines, line rockets, Fireworks in the arena,fireworks night at the stadium, and and other specialized effects. In addition to indoor pyrotechnics, fireworks in the ballpark rank among our most high-demand we offer a wide array of specialized indoor services including venues. Major sports leagues around the nation, including the confetti,streamers, and cryogenic effects. NFL, MLB, NBA, Nascar, and NCAA, call on Melrose to deliver the r' Melrose producers will work closely with you to decide if indoor celebration factor like no one else can. fireworks will work for your application, and if so, how to deliver the highest possible impact. Depending on your specific needs, let L us create the perfect experience for your event! It takes a special level of skill to adapt technology for a stunning indoor show,and Moir- we're up for it. P Y R ❑ T E C H N I C S' 219-393-5522 800-771-7976 melrosepyro.com American Pyrotechnics Association oliiii National Fire Protection Association The APA is the largest professional trade organization in the The National Fire Protection Association (NFPA)establishes pyrotechnics industry. Maintaining a long-time membership in the guidelines to promote safety in the fireworks industry.At Melrose, APA,we share the same values as the APA in the importance of no design work is started until we have confirmed your show site promoting safer regulations and continuing education throughout will meet NFPA guidelines and any additional internal guidelines to the fireworks industry.Through annual conventions and industry- promote safety. NFPA's guidelines are the same standards that wide forums, Melrose continues to have an important voice in our insurance company uses to confirm that your show is meeting the development and advancement of APA safety standards and safety requirements. training curriculum. American Fireworks Standards laboratory 01111 United States Department of Transportation Melrose Pyrotechnics continues to work with the American Melrose Pyrotechnics educates all employees on the rules and Fireworks Standard Laboratory(AFSL)in an effort to implement regulations set out by the United States Department of Transpor- and improve upon internationally adopted safety standards and tation (USDOT). USDOT's guidelines are formed to ensure safe testing procedures.The AFSL works directly with manufacturers handling and transportation of product from our facilities to your and import firms to ensure that products have been tested for shoot site.You can have peace of mind that the driver transport- safety and meet the quality standards developed by the AFSL.It is ing product to your show will be well educated on the rules and this relationship that has helped Melrose Pyrotechnics develop their regulations established by the USDOT. product quality standards.In the future these policies will promote safer products that will be used throughout the fireworks industry. ca comesWhen it . safety and training, Melrose has raised the bar forthe industry with its on-site training m° facility • - staff memberdedicated exclusively . training. The curriculum developed at Melrose m expands on the curriculum of the American Pyrotechnics Association. With a maximum class size of 12, Melrose invests thousands of hours of training into development of its expert team every year. m 0 n r cr 219-393-5522 800-771-7976 melrosepyro.com MelroseFireworks PyrotechnicsiS serious 8bOUt +hBOrOdUCtSVVBUSBBtVOUrBVBnt. Starting with the manufacturers, we purchase product only from companies that are as dedicated tO safety and quality 8SVVB are. Melrose travels the globe annually searching for the most unique and exotic products tOadd to our inventory. Through extensive testing, we collect a wealth of information on every pyrotechnic device we employ. With the most diverse inventory in the United States, Melrose has the product tO set your show apart from the rest. With all nf our planning, attention tO detail, and execution, Melrose iS confident that your show willbB the one everyone remembers year after year, applause after applause. Manufacturers Inventory |n order tu maintain o diverse collection of specialized products, Melrose Pyrotechnics has one of the largest inventories of our inventory devices are designed and manufactured all around fireworks in the United States—and possibly the world. Melrose's the world, including the United States, Italy,Spain, Germany, China, facilities are truly second to none with over 1OO.00O sq.ft. of Japan, and Australia. Type explosive storage. It's the personal relationships formed over the years that make Refreshing 2596of our product every year means that vva will always Melrose confident in who vva are buying from and how the products have the newest, most innovative,and creative options the industry are going to perform. |tio this effort that results in the breathtaking has to offer.This huge selection of products gives our designers effects that light up the night sky. the creative advantage to take your show to the next level! Testing Show Design Melrose Pyrotechnics io serious about product evaluation and Once the testing of the product io complete, it's time for the tasting.Ao soon oo new products arrive ot our facility,vvaunpack design team to lead the way.With your audience and site poreme ondimmadiota|yinopaottham.Onoavvaoraootiofiadvviththa tanain mind,the design team creates impact and emotion utilizing quality of the product, our thorough evaluation process begins. the vast array of products with layers of color in the sky. |naddition VVa begin byoomputapfihng. recording video of,and collecting data to our consideration of evaluation data,the designers' choices about each product oo our entire creative department watches of when and how to use o particular product versus another io closely and evaluates each affaot. Criteria such ooflight time, affaot based on many factors.These include effect characteristics,color duration, debris rating, and performance give uoo wealth of range, rhythm,and tempo. pyromuoioo| displays allow uototake information that vva use while designing your display. our creativity to the next level by marrying fireworks to the tempo, faa|.dynomioo.ondamo�iono| paokoondvo||ayo�ho�oomphoao Flight�mote��� u�thethne �por� betvveenthemomento �heU �� Hredondthemome oom v�� great soundtrack.The designers ot Melrose Pyrotechnics are true � artists and they love what they do! U Effect duration th� �rk)ci otthne thotth� ot v�� to the � oud�enoe Debris rating I fl ureottheHeon��n� oto 1� breok Q Performance n objeotMe grode gMen byourexpei 1,� to moke "'«�U����� ���U� show, 0m there's U� time N�NNmw�� 0NN��m W0NNU��� �NNN@N�� �� NNNNl�N@N- mm �UNNNww �ure i�meet� our quo�i�y�t�nciorci� ���� ����'� take ����� ��m���� ������n� �NNmm� �w�m � ���� ���m �m �mm�NN �w���. � \&e apply the evaluation data in the design of every Melrose � -Slheiri� Piecmch Vy-NinkeU, Pyrotechnics display,allowing uoto utilize every product to its full Director of Entertainment, IMavy Pier, Chicago, Illinois P performance potential. 219'393'5522 800-771'7976 mo|r000pyro.com Your Melrose Contact Wynn Cramer Event Name Village of Buffalo Grove Event Date Independence Day and Labor Day 2014 Client Contact Person Village Clerk Type of Show Pyromusical Fireworks Display - Computer Choreographed Length of Show 20 - 30 Minutes Type of Pyrotechnic Effects All Aerial Shells up to 6" Proposal Includes Five Million Dollars Public Liability Insurance Licensed Professional Pyrotechnicians Workers Compensation Insurance All Fireworks Material Necessary to the Production All Firing Equipment Necessary to the Production Digital Soundtrack Production Computer-Designed Choreography Proposal Cost $23,000.00 "Melrose is like part of the familym"" -Nif.,hol(... Manning,S(..'Mior 13iref.lor of Gran(.:;C)IDPH-abc)ru.,;for the Chic-,agci Whb...Sox 219-393-5522 800-771-7976 melrosepyro.com In an effort to provide you with a detailed and clear proposal, we have included a list of components to be considered for the design of your Melrose Pyrotechnics display. Please take a moment to review our show design concepts and proposed pyrotechnic effects. I Opening Segment The opening scene of your show is one of the most important segments of the display.Whether you choose a traditional display or a pyromusical,our design team members are masters at tailoring your opening segment to thrill your audience from the very first shot. Your audience will be captivated immediately, as we set the tone, pace, and feel for the rest of the program.This is traditionally estab- lished through a barrage of special effects paired with an assortment of aerial shells. Design Components Golden Glittering Chrysanthemums with Red Pistils Assorted Color Peonies with Silver Tails Golden Glittering Chrysanthemums with Green Pistils Dragon Eggs with Crackling Tails Golden Glittering Chrysanthemums with Yellow Pistils Multi-Color Palm with Multi-Color Tails Main Body After your audience is fully enthralled in the spectacle of the opening segment,we transition into the main body of the display.You will experience our commitment to design and organization first-hand as we present a progression of scenes that we design specifically for you and your show. Because every device that we incorporate into your show is hand-picked, meticulously tested, and rated by our design team,we are able to build a cohesive program that is highly dynamic and suited to your event and audience. Design Components Color Strobing Dahlias with Matching Tails Color-Changing Pastel Crossettes Crackling Palm Trees with Coconut Trunks Assorted Patterns; Smiling Face, Hearts and Stars Glittering Peonies with Double Core Pistils Diadem Chrysanthemums to Crackling Tips m m 0 n cr li , 1 ii n ip( ,N i ii iikn i idn i,(i ({Ivn r3l i r3j J�J1(JXII'ilrfl' ,17urnr d ,iG r'i r3l Id dn; I i1 it,iui i I ikr (;1,V(Ji I I\lln li i , k (;1 a lI( 1?v iit, h'Inj( i<(; rv/nJIJI rrlIIV q<< ,f;ICll , (ir,(,(Jl (; rlI� 219-393-5522 800-771-7976 melrosepyro.com Grand Finale The ultimate destination and final act of every fireworks display is the grand finale.This is the segment of the show that your audience will remember above everything else.Careful design and product selection are vital components of the process we use to customize your grand finale. Not only sound, but color,flight time,effect duration, impact, and presentation are all criteria we consider when choreo- graphing your grand finale. Design Components Multi-color Finale Chrysanthemum Shells with Silver Tails Silver Lace Stickless Rocket Comets Thunder to Colored Stars Report Shells Magnesium Splatter Flash Reports Red White and Blue Cross Ring Finale Shells Dark Thunder Salutes Special Effects In addition to the shells, candles,and chains that we implement throughout all segments of your show,we employ an extraor- dinary catalog of special effects and display techniques that we use to complement the traditional crowd favorites.These effects range from nautical shells, custom angled Roman candle scenes,expansive ground effect placements featuring strobes and flares, and layered multi-break effects, as well as custom-pattern shapes that are manufactured just for Melrose,such as hearts and smiling faces.These special effects work in harmony and greatly enhance the look and feel of any display! Design Components Magical Peony with Gold Brocade Ring Patriotic Palms in Red, Silver and Blue Five Pointed Lone Star with Encircling Strobe Ring Saturns of Red, Green and Purple with Kamuro, Rings Six Color Changing Peony Ghost Shell Gold Brocades to Red Strobing Octopus m° m m 0 n cr li , I ii n ip( ,N i it ik i idn i,(i ({Ivn r3l i r3j J�J1(JXII'i1rd' ,17urnr d ,iG r'i r3l Id dn; I i1 iidui i , I ikr (;1,V(Ji I I\lln li i , k (;1 a lI( 1?v iit, h'Inj( i<(; rrnnt,lIrrlIIVq! << ,f;ICli , (Jr,(,(ai(; rlI� 219-393-5522 800-771-7976 melrosepyro.com Specialty Items Design Components Product [l8SCFintiOn Yellow Peonies with Silver Tails Yellow-Colored Peonies over Silver Tails Golden Crackling Chrysanthemums Golden chrysanthemum breaks Green-Color Palm with Green-Color Tails Green-colored palm tree leaves over green-color tails Silver Swirling with Silver Report Silver tails erupting into thunderous noise Gold Glittering Rising Comets Fan-shaped gold-color with glittering tail Blue and Gold with Rising Comets Blue and golden crackling comets bursting fan pattern � � � � Thiepropoea| ieintendedtogiveanapproximateehovvdeeignanddeecription �eoontaotyourN/Ie|roeePyroteohnioe � � Event Produoervvith any queetione or oonoerne In an effort to provide VOU with 8 detailed and C|88F pFOpOS8[ we have included 8 list Of components to be COnSid8F8d for the design of your Melrose Pyrotechnics display. P|88S8 take 8 moment to review OUF ShOVV design COnC8OtS and pFOpOS8d pyrotechnic effects. Opening Segment Shot Quantities Sp8C8|tv K'8mS Product [l8SCFiOtiOn 20 2 1/2" Quick Crackling Croeeette Shells Bright magnesium crackling oroeeettee with delayed crackling sparks 20 2 1/2" Mixed Peony Shells Vibrant pastel-colored peonies in teal, lemon, mauve, aqua, and cyan 20 2 1/2" Gold Glitter Chrysanthemum with Gold aluminum chrysanthemums with red. Assorted Color Pistil Shells purp|e, green, b|ue, and yellow pistils 20 2 1/2" Dragon Eggs with Crackling Tail Golden chrysanthemum color breaks Shells 20 2 1/2" Blue Tail To Brocade Coconut Bright blue comets with golden brocade Crackling Shells crackling coconut branches Aerial Shells 30 3" Dancing Fireworks Group The opening segment of our show includes an assortment of aerial shells from several of our favorite manufacturers. 18 4"Vu|oan Premier Fireworks This variety of effects will captivate and invite the audience toimmerse themselves into the night sky canvas we 8 5" Glorious Entertainment Production are painting in front of them. � � G G" Icon Pyrotechnics International � G G" Sunny International - Thiepropoea| ieintendedtogiveanapproximateehovvdeeignanddeec�ption P|eaeeoontaotyour ��e|roeePyroteohnioe � � Event Produoervvkh any queetione or oonoerne Main NN��ww ��U�NNN N����� Shot Quantities Z\8Fi8| Sh8||S [zFOdUCt [l8SCFiptiOn 56 3"Anping Fireworks This selection of assorted of 3" shells will UU the night sky with color and sound. 43 3" Dancing Fireworks Group Laying the foundation of your display in 40 3" Glorious Entertainment canvas o fthe dark ainment Production ' our diverse collection of colors and break patterns 52 3" Icon Pyrotechnics International look great alone or when used as complimentary devices in combination 54 3" Lidu Fireworks Corporation Ltd. with effects such ae candles and 48 3" Sunny International multi-shot boxes. 43 3"Vulcan Premier Fireworks 24 4"AnpingFireworks Our catalog of4^ shells ie second tonone 31 4" Dancing Fireworks Groupin terms of both quality and diversity. Whether we are enhancing a scene oflow 26 4" Glorious Entertainment Production level effects or designing a central theme to your display with them, our 4" ehe||e are 28 4" Icon Pyrotechnics International the layers of paint on top of the canvas 36 4" Lidu Fireworks Corporation Ltd. foundation. Unique to this size are oroeeettee and specialty Euro-style 26 4" RiooardoCaba||er cylinders. 30 4"Vulcan Premier Fireworks 15 5" Dancing Fireworks Group The canvas in the sky now has a foundation and is being painted with color. 18 5" Glorious Entertainment Production Theee5^ ehe||e provide the highlights that 20 5" Icon Pyrotechnics International complete the picture. Breaking higher in the sky, these shells compliment and 18 5" Lidu Fireworks Corporation Ltd. contrast the smaller shells with unique 21 5" RiooardoCaba||er patterne, co|ore, and effects. 10 5" Sunny International 22 5"Vu|oan Premier Fireworks 14 G" Dancing Fireworks Group Framing the entire display are ourG^ aerial � � shells. Because these ehe||e break so high � 15 G" Glorious Entertainment Production � and wide, they are the perfect tool to 15 G" Icon Pyrotechnics International outline the rest of the display. Due to their � large eize, these ehe||e allow for patterns � 13 G" Lidu Fireworks Corporation Ltd. and shapes not possible in smaller shells. 13 G" Sunny International Thiepropoea| ieintendedtogiveanapproximateehovvdeeignanddeecription P|eaeeoontaotyourN/Ie|roeePyroteohnioe � � Event Produoervvith any queetione or oonoerne GrandFi nale Shot Quantities Sp8C8|tv Items Product [l8SCFiptiOn 20 2 1/2"Assorted Color Peonies with Silver Silver tails with assorted single breaking Tail Shells color shells 20 2 1/2" Gold Glitter Chrysanthemum with Gold aluminum chrysanthemums with red. Assorted Color Pistil Shells purp|e, green, b|ue, and yellow pistils 20 2 1/2" Color Dahlia (Assorted) Shells Bright comets to bursting treasure chest shells with over-sized stars creating colored spider legs 30 2 1/2" Color and Titanium Salute Shells Impressive large multi-colored ehe||e and percussive salutes 20 2 1/2"Assorted Vulcan Color Shells High-breaking multi-colored shells 20 2 1/2" Crackling Flower Gold Straw Shells Golden crackling comets bursting into bouquet of golden flowers Aerial Shells GO 3" Glorious Entertainment Production As we arrive at our finale, the progression of the show has allowed us to set up your GO 3" Icon Pyrotechnics International audience for the high impact moment they GO 3" Lidu Fireworks Corporation Ltd. have been waiting for. This selection of aerial shells compliment the rhythm and GO 3" Riccardo CabaUer pace of the program to conclude your event with a powerful ending that will 18 4"Anping Fireworks leave your audience roaring in applause. 0 5" Sunny International � � G G" Icon Pyrotechnics International � 0 G" Sunny International � � G G"Vu|oan Premier Fireworks Thiepropoea| ieintendedtogiveanapproximateehovvdeeignanddeecription P|eaeeoontaotyourN/Ie|roeePyroteohnioe � � Event Produoervvith any queetione or oonoerne Village of Bu.ffialo Grove 2 „1 JJ,,,,,, 1,' 1 1, 1.,1 J, ,,,° ,,, JJ, 1 1, , 1, ,,,, /,,,1 e 1, v1,.c e s Proposa� and Contract Documents Pi e paired by Ih Gn ance II'.1epartinent 8/5/01 y Revised 10/14/2013 1r � TABLE �� CONTENTS REQUEST FOR PROPOSAL --------------------------------------------------'2 INSTRUCTIONS TO PROPOSERS -----------------------------------------------'4 PU8U[O3MTRA[TS[ATEyWEMTS ----------------------------------------------'5 SCHEDULEOF PRICES...............................................................................................................................................................6 PROPOSAL SPECIFICATIONS.....................................................................................................................................................8 GENERAL CONDITIONS OF THE CONTRACT-----------------------------------------11 CONTRACT.............................................................................................................................................................................17 APPEMD|XA............................................................................................................................................................................22 Exarnp|eof Certificate of Insurance...................................................................................................................................22 Exarnp|eof Certificate of Authority...................................................................................................................................23 1 REQUEST FOR PROPOSAL PYROTECHNIC SERVICES 2014 RECEIPT OF PROPOSALS Sealed Proposals for the Village of Buffalo Grove Pyrotechnic Services are invited and will be received by the Village of Buffalo Grove(hereinafter referred to as The Village)at 50 Raupp Boulevard (Office of the Village Clerk), Buffalo Grove, Illinois 60089 on or before, but not later than 10:00 A.M. Local Time on Wednesday,September 1.3, 2013. Proposals will not be publically opened and read aloud. Each Proposer shall be required to submit one original digital copy(PDF Format) and one paper copy of their respective Proposal in a sealed envelope or box. Sealed envelopes or packages containing Proposals shall be marked or endorsed: Proposal for Village of Buffalo Grove, Illinois Pyrotechnic Services 2014 GENERAL DESCRIPTION OF WORK The Village of Buffalo Grove is looking for a Pyrotechnic Firm to provide a Fireworks display on both Independence Day Friday July 4, 2014 and Labor Day Sunday,August 31, 2014 For information on how to receive a copy of the Proposal Package contact the Office of the Village Clerk at: 847-459-2500 2 HOLDING OF PROPOSALS No Proposal shall be withdrawn after September 18, 2013 at 10:00 AM without the consent of the Village,for a period of sixty(60)days. QUALIFICATION OF PROPOSERS It is the intention of the Village to award a contract only to the Proposer who furnishes satisfactory evidence that they have the requisite qualifications and ability and that they have sufficient capital and facilities to enable them to complete the work successfully and promptly,and to complete the work within the time named in the Contract Documents. The Village may make such investigations as it deems necessary to determine the qualifications and ability of the Proposers to perform the work,and the Proposers shall furnish to the Village all the information and data for this purpose as the Village may request. The Village reserves the right to reject any and all Proposals if the evidence submitted by,or investigation of such Proposers fails to satisfy the Village that such Proposers is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional Proposals will not be accepted. PROPOSAL QUESTIONS All comments or concerns regarding this Proposal shall be addressed to the Village of Buffalo Grove Purchasing Manager via email at BGfinance@vbg.org. All such a-mails must contain "Pyrotechnic Services 2014" in the subject line of the e-mail.This will allow for responses to go to all Proposers in the event that the question has a pertinent relevance to all those involved. All such questions must be received no later than seven (7)days before the Proposals are due. AWARD OF CONTRACT The Village reserves the right to award a contract which in its judgment is in the best interest of the Village.The Village reserves the right to select which Items listed in the Schedule of Prices shall be included in the contract, including the right to accept or reject any or all Proposals,or any part thereof;waive any minor defects, irregularities; and to decide not to award any contract. 3 INSTRUCTIONS TO PROPOSERS 1. Proposal to be made on Schedule of Prices form which is included in the Contract Documents. 2. Public Contract Statements must be signed, notarized and submitted with the Proposal documents. 3. Proposers shall at the time of making its Proposal,and as part of its Proposal,submit a list of all the subcontractors and equipment suppliers with whom it proposes to contract,and the class of work or equipment to be performed or furnished by each. Such list shall not be added to, nor altered,without the written consent of the Village. The Village reserves the right to approve any and all subcontractors and no subcontractor shall be allowed to do work unless they are listed in the Proposers' Proposal,or in a subsequent written statement to the Village. 4. Proposer shall not under any circumstances be relieved of its liabilities and obligations as set forth in the Contract documents. All transactions of the Village shall be with the Proposers. Subcontractors shall be recognized only in such capacity. 5. Proposer is to provide a detail of the Proposers experience in performing Pyrotechnic Services. 6. Proposer shall provide with the proposal three(3) local Illinois government references 7. Proposer shall submit a description of how they expect to address items listed in the Proposal Specifications and a video recording with an example of a similar sized Fireworks display. 8. The Village reserves the right to reject any and all Proposals,to waive any informality in Proposals,or accept the Proposal that, in its opinion,will serve its best interests. 9. Each Proposer shall submit with its Proposal a statement of the address of it's permanent place of business. 10. Any Proposer may be required by the Village to submit additional data to satisfy the Village that such Proposer is prepared to fulfill the Contract, if it is awarded to them. 11. Proposers shall inform themselves of all the conditions under which the work is to be performed. 12. The Proposer to whom a contract is awarded will not be allowed any extra compensation by reason of any matters or things concerning which the Proposer did not inform itself prior to submitting it's proposal. The successful Proposer must employ,so far as possible,such methods and means in the carrying out of his work as will not cause any interruption or interference with any other Contractor. 4 VILLAGE OF BUFFALO GROVE PUBLIC CONTRACT STATEMENTS The Village of Buffalo Grove is required to obtain certain information in the administration and awarding of public contracts. The following Public Contract Statements shall be executed and notarized. PUBLIC CONTRACT STATEMENTS CERTIFICATION OF CONTRACTOR/PROPOSERS In order to comply with 720 Illinois Compiled Statutes 5/33 E-1 et seq.,the Village of Buffalo Grove requires the following certification be acknowledged: The below-signed Proposers/contractor hereby certifies that it is not barred from Bidding or supplying any goods,services or construction let by the Village of Buffalo Grove with or without Bid,due to any violation of either Section 5/33 E-3 or 5/33 E-4 of Article 33E,Public Contracts,of the Chapter 720 of the Illinois Compiled Statutes,as amended. This act relates to interference with public contracting,Bid rigging and rotating,kickbacks,and Biding. CERTIFICATION RELATIVE TO 65 ILCS 5/11-42.1.1 In order to comply with 65 Illinois Complied Statutes 5/11-42.1.1,the Village of Buffalo Grove requires the following certification: The undersigned does hereby swear and affirm that it is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless it is contesting,in accordance with the procedures established by the appropriate revenue Act,its liability for the tax or the amount of the tax. The undersigned further understands that making a false statement herein:(1)is a Class A Misdemeanor,and(2)voids the contract and allows the Village to recover all amounts paid to it under the contract. CONFLICT OF INTEREST The Village of Buffalo Grove Municipal Code requires the following verification relative to conflict of interest and compliance with general ethics requirements of the Village: The undersigned supplier hereby represents and warrants to the Village of Buffalo Grove as a term and condition of acceptance of this(Proposal or purchase order)that none of the following Village Officials is either an officer or director of supplier or owns five percent(5%)or more of the Supplier: the Village President,the members of the Village Board of Trustees,the Village Clerk,the Village Treasurer,the members of the Zoning Board of Appeals and the Plan Commission, the Village Manager and his Assistant or Assistants,or the heads of the various departments within the Village. If the foregoing representation and warranty is inaccurate,state the name of the Village official who either is an officer or director of your business entity or owns five percent(5%)or more thereof: (Official) Print Name of Contractor/Proposers/Supplier Signature Title Subscribed and Sworn to before me this day of 2013. Notary Public Notary Expiration Date �s SCHEDULE OF PRICES TO: THE VILLAGE OF BUFFALO GROVE, ILLINOIS FULL NAME OF PROPOSERS: MAIN BUSINESS ADDRESS: PLACE OF BUSINESS: The undersigned, declares that it has carefully examined the proposed work, the Contract Documents, and all other documents referred to or mentioned in the Contract Documents and it proposes and agrees, if this Proposal is accepted, that it will contract with the Village, in the form of the Contract attached, to complete the Work titled "2014 Pyrotechnic Services", and that it will take in full payment therefore the sums set forth in the following Schedule of Prices. SCHEDULE OF PRICES A. Independence Day Holiday Pyrotechnic Display $ _ Insert amount in words B. Buffalo Grove Days(Labor Day) Pyrotechnic Display $ _ Insert amount in words 2nd year contract eptieR -the unit prices(A and B)shall be adjusted by _percent 3rd year contract eptieR -the unit prices(A and B)shall be adjusted by _percent 4th year contract option -the unit prices(A and B)shall be adjusted by _percent 5th year contract option -the unit prices(A and B)shall be adjusted by _percent 6 SCHEDULE OF PRICES SUBCONTRACTOR LISTING Proposer, intends to employ the following listed subcontractors for the following enumerated classes of work and is not to alter or add to such list without the written consent of the Village. SUBCONTRACTOR CLASS OF WORK 1. 2. 3. 4. ................................................................................................................................................................................................................................................................................................................................................... Date Legal Entity (Sign here) By (Print Name) Phone E-mail VILLAGE OF BUFFALO GROVE PYROTECHNIC SERVICES PROPOSAL SPECIFICATIONS The Village of Buffalo Grove is looking for a Pyrotechnic Firm to provide a Fireworks display on Independence Day Friday July 4,2014 and Labor Day Sunday,August 31,2014. The term of the contract will be 3 years with 2 possible 1 year extensions from the Village's date of award of contract. Listed below are the minimum requirements the Village is specifying for Pyrotechnic Services: 1. Notwithstanding the terms of the Agreement,the Village of Buffalo Grove has the right,without penalty or cost to cancel any display, reduce or increase the cost of the display with 90 days written notice. 2. Show length shall be 20-30 minutes with constant display. 3. Display shall be coordinated with music. The Contractor shall supply two quality CD's for presentation and coordinate music presentation. 4. All aerial display—no ground fireworks or"cake boxes" 5. The show must clear the tree line and be seen from a large viewing area.The fireworks will be set-up at the Buffalo Grove Golf Course,driving range,at Lake Cook Road and Raupp Boulevard Buffalo Grove, Illinois. 6. The Village has the right to modify the location of the display with written notice to The Contractor. 7. The largest shell used shall be based on distance requirements of National Fire Protection Association Code (NFPA) 1123,Code for Fireworks Display,2006 ed. 8. Display must comply with the National Fire Protection Association Code(NFPA) 1123,Code for Fireworks Display,2006 ed. 8 9. The Contractor shall comply with the provisions of the Fireworks Use Act(425 ILCS 35/0.1 et seq.),and the Pyrotechnic Distributor and Operator Licensing Act(225 ILCS 227/1 et seq.).A copy of these Acts can be obtained on the web site(www.ilga.gov). 10. The Contractor shall provide a description of size,origin,color and unusual feature of shells and a list of the Class 1.3g Pyrotechnic devices utilized for each display. 11. The display set up shall not include any reloads. 12. The fireworks shall be electronically fired. 13. Vehicles transporting 1.3 g fireworks shall be identified with approved DOT,orange 1.3 g explosives placard. 14. No subcontractors shall be used in the setup or firing of the fireworks display. 15. Display shall be coordinated with music.The Contractor must supply two quality CD's for presentation and coordinate music presentation at two locations as assigned by the Village. 16. Clean up of all shells in the surrounding area after show. 17. Certificate of Insurance of at least$1,000,000, naming the Village of Buffalo Grove and its employees as additional insureds; No shooters exclusion; and cross suits exclusion shall not apply to additional insureds.The Certificate shall be provided a minimum of one month prior to each display. 18. In the event of inclement weather preventing the display as determined by either party,The Contractor shall agree to a mutually convenient alternate date.The Village of Buffalo Grove reserves the right to stop the event due to weather and The Contractor shall oblige. 19. The Buffalo Grove Fire Department,and other Village staff as appropriate,will conduct site inspection(s). 20. The Contractor shall supply all required supervision,skilled labor,transportation, new materials, apparatus,and tools necessary for the entire and proper completion of the work.The Contractor shall supply, maintain,and remove all equipment for the performance of the work and shall be responsible for the safe, proper,and lawful construction, maintenance,and use of same.This work shall be completed to the satisfaction of the Village.The Contractor shall provide adequate protection of the job site to protect the general public from any injury as a result of the job.The Contractor shall provide all safeguards and suitable barricades to protect public and adjacent property.The Village is not responsible for site safety.The Contractor is solely and exclusively responsible for construction, means, methods,techniques,and all site safety. 9 21. The Contractor will be required to provide the Village of Buffalo Grove with a complete list of all personnel who will be on site of the fireworks, including a legible photo ID of the Lead Pyrotechnic Operator,a minimum of two weeks prior to set up for each display. 22. Contract Extension(s)will require the same services but the date of the events will change as follows: a.2015: Independence Day Saturday July 4,2015 and Labor Day Sunday September 6,2015 b.2016: Independence Day Monday July 4,2016 and Labor Day Sunday September 4,2016 c.2017: Independence Day Tuesday July 4,2017 and Labor Day Sunday September 3,2017 d.2018: Independence Day Wednesday July 4,2018 and Labor Day Sunday September 2,2018 1.0 GENERAL CONDITIONS OF THE CONTRACT 1. Contractor's Insurance Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance: Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village named as additional insured,on a form at least as broad as the ISO Additional Insured Endorsement CG 2010 and CG 2026 2. Insurance Service Office Business Auto Liability coverage form number CA 0001,Symbol 01"Any Auto." 3. Workers'Compensation as required by the Labor Code of the State of Illinois and Employers' Liability insurance. 4. Builder Risk Property Coverage with Village as loss payee 5. Environmental Impairment/Pollution Liability Coverage for pollution incidents as a result of a claim for bodily injury, property damage or remediation costs from an incident at,on or migrating beyond the contracted work site. Coverage shall be extended to Non-Owned Disposal sites resulting from a pollution incident at,on or mitigating beyond the site; and also provide coverage for incidents occurring during transportation of pollutants. B. Minimum Limits of Insurance: Contractor shall maintain limits no less than: 1. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage.The general aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall be no less than $2,000,000 or a project/contract specific aggregate of$1,000,000. 2. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers'Compensation and Employers' Liability:Workers' Compensation coverage with statutory limits and Employers' Liability limits of$500,000 per accident. 4. Environmental Impairment/Pollution Liability:$1,000,000 combined single limit per occurrence for bodily injury,property damage and remediation costs C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the Village. At the option of the Village, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as it respects the Village, its officials,agents,employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. D.Other Insurance Provisions The policies are to contain,or be endorsed to contain,the following provisions: 1. General Liability and Automobile Liability Coverages: The Village, its officials,agents,employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor.The coverage shall contain no special limitations on the scope of protection afforded to the Village, its officials,agents, employees and volunteers. 2. The Contractor's insurance coverage shall be primary as respects the Village, its officials,agents, employees and volunteers.Any insurance or self-insurance maintained by the Village, its officials, agents,employees and volunteers shall be excess of Contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village, its officials,agents,employees and volunteers. 4. The Contractor's insurance shall contain a Severability of Interests/Cross Liability clause or language stating that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought,except with respect to the limits of the insurer's liability. 5. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not"follow form,"then the Contractor shall be required to name the Village, its officials,employees,agents and volunteers as additional insureds 6. All general liability coverages shall be provided on an occurrence policy form.Claims-made general liability policies will not be accepted. 7. The contractor and all subcontractors hereby agree to waive any limitation as to the amount of contribution recoverable against them by the Village. This specifically includes any limitation imposed by any state statute, regulation,or case law including any Workers'Compensation Act provision that applies a limitation to the amount recoverable in contribution such as Kotecki v. Cyclops Welding 1.2 E. All Coverages: Each insurance policy required by this paragraph shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Village. F. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A-, VII and licensed to do business in the State of Illinois. G. Verification of Coverage Contractor shall furnish the Village with certificates of insurance naming the Village and the its officials, agents, employees, and volunteers as additional insured's and with original endorsements, affecting coverage required herein.The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the Village before any work commences. The Village reserves the right to request full certified copies of the insurance policies and endorsements. H. Subcontractors Contractor shall include all subcontractors as insured's under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage's for subcontractors shall be subject to all of the requirements stated herein. I. Assumption of Liability The contractor assumes liability for all injury to or death of any person or persons including employees of the contractor,any subcontractor,any supplier or any other person and assumes liability for all damage to property sustained by any person or persons occasioned by or in any way arising out of any work performed pursuant to the Contract. 1.3 J. Indemnity/Hold Harmless Provision 1. To the fullest extent permitted by law, the Contractor hereby agrees to defend, indemnify and hold harmless the Village, its officials, agents and employees against all injuries, deaths, loss,damages, claims, patent claims,suits, liabilities,judgments,cost and expenses,which may in anywise accrue against the Village, its officials,agents and employees arising in whole or in part or in consequence of the performance of this work by the Contractor, its employees, or subcontractors, or which may in anywise result therefore, except that arising out of the sole legal cause of the Village, its agents or employees, the Contractor shall, at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefore or incurred in connections therewith, and, if any judgment shall be rendered against the Village, its officials, agents and employees in any such action,the Contractor shall, at its own expense, satisfy and discharge the same. Contractor expressly understands and agrees that any performance bond or insurance policies required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Village, its officials,agents and employees as herein provided. 2. Kotecki Waiver. In addition to the requirements set forth above,the Contractor(and any subcontractor into whose subcontract this clause is incorporated) agrees to assume the entire liability for all personal injury claims suffered by its own employees and waives any limitation of liability defense based upon the Worker's Compensation Act and cases decided there under. Contractor agrees to indemnify and defend the Village from and against all such loss, expense, damage or injury, including reasonable attorneys' fees, which the Village may sustain as a result of personal injury claims by Contractor's employees, except to the extent those claims arise as a result of the Village's own negligence. K. Retention of Payments: The Contractor further agrees that to the extent that money is due the Contractor by virtue of this contract as shall be considered necessary in the judgment of the Village, may be retained by the Village to protect itself against said loss until such claims, suits, or judgments shall have been settled or discharged and/or evidence to that effect shall have been furnished to the satisfaction of the Village. L. Patent Fees and Royalties: Contractor shall indemnify and hold harmless the Village and anyone directly or indirectly employed by either of them from and against all claims, damages, losses, and expenses (including attorneys' fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the work or resulting from the incorporation in the work of any invention, design, process, product, or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. 1.4 2. Certificate of Authority and Surety Certificate The Contractor shall also furnish the Village with a current Certificate of Authority issued by the Illinois Department of Insurance (IDOI) for the insurance company that they are using. (Example in Appendix A.) 3. Specifications The Specifications and any work shown thereon shall be executed the same as if specifically mentioned herein. Should any discrepancy In the specifications appear,the ruling of the Village of Buffalo Grove Fire Chief(Fire Chief)on the interpretation thereof shall be final and binding. It is the intention of these Specifications to provide for this service in a complete, thorough and workman-like manner. The Contractor to whom the work is awarded shall furnish all materials, labor, tools, appliances, appurtenances, and all things necessary to complete the work in accordance with these Specifications, and anything omitted that may be interpreted as reasonably necessary to such completion is to included in the services to be rendered. 4. Changes If the Fire Chief deems it proper or necessary in the execution of the work to make any alteration which will increase or diminish the quantity of labor or material or the expense of the work, even to the elimination of one or more items, such alteration shall not annul or vitiate the Contract hereby entered into. The elimination of any part of the work shall not increase the unit price for any of the remaining work. The value of any work added shall be based on the rates and prices named in the Contract, and Proposal, when such rates and prices cover the class of work added, otherwise the value shall be determined by mutual Contract between the Village and Contractor, before such work shall be commenced. 5. Extra Work No claim whatsoever will be allowed the Contractor for changes, extra work or material not completed or necessary for the completion of the work described,or for a greater amount of money than is hereby stipulated to be paid, unless the change in or addition to the work requiring additional outlay by the Contractor is first ordered in writing by the Fire Chief,and the price therefore agreed to in writing. Minor changes or small modifications in the specifications which may be made to suit some special condition or situation shall not be construed as a precedent for like changes at other times, nor shall such modifications be construed by the Contractor as removing the work from the classification given in the Proposal,and placing it under the category of"Extra Work". 1.5 6. Notice of Starting Work The Contractor shall notify the Fire Chief forty-eight(48) hours before beginning any work on this Contract, or of its intention so to do; in case of a temporary suspension of the work he shall give a similar notice before resuming same. 7. Supervision The Fire Chief shall have override power to superintend and direct the work, and the Contractor shall perform all of the work herein specified,to his entire satisfaction,approval and acceptance. 8. Contractor's Representative The Contractor shall have at all times a competent supervisor or superintendent, who shall have full authority to act for the Contractor and to receive and execute orders from the Fire Chief, and any instructions given to such superintendent or person, executing work for the Contractor, shall be binding on the Contractor as though it was personally given to the Contractor. 9. Workers The Contractor shall employ competent staff and shall discharge,at the request of the Fire Chief, any incompetent, unfaithful, abusive or disorderly workers in its employ. None but staff expert in their respective branches of work shall be employed where special skill is required. 10. Termination of Contract If, at any time, the Fire Chief shall be of the opinion that the work under this Contract is unnecessarily delayed or that the work is not being performed in a satisfactory manner, he will so notify the Contractor in writing. If the Contractor has not within ten (10) days thereafter taken such measures, as will in the judgment of the Fire Chief, insure the satisfactory completion of the work under this Contract on or before the dated specified in the Proposal, the Village may notify the Contractor to discontinue all work under the Contract and proceed to terminate the Contract. 1.6 VILLAGE OF BUFFALO GROVE CONTRACT 2014 Pyrotechnic Services THIS CONTRACT, made this day of , 2013, by and between the VILLAGE OF BUFFALO GROVE (hereinafter called the "Village") a Municipal Corporation acting through its President, and Board of Trustees, and lilh Company that is awarded the Proposal, hereinafter called the"Contractor." WITNESSETH WHEREAS,the Village has heretofore solicited Proposals for all the work and services and for the doing of all things included within the hereinafter specified service, and the Village of Buffalo Grove did award the Contractor a contract for said services: NOW THEREFORE, for and in consideration of their mutual promises, covenant undertaking and Contract, the parties hereto do hereby agree as follows: ARTICLE I -WORKTO BE DONE BYTHE CONTRACTOR Contractor agrees, at its own cost and expense, to do all work and to furnish all the labor, materials, equipment and other property to do,construct, install,and complete all the works and services included,all in full accordance with and in compliance with and as required by the hereinafter specified Specifications and Contract Documents for said works and services,and to do,at its own cost and expense,all other things required of the Contractor by said Contract Documents. 1. ARTICLE II -CONTRACT DOCUMENTS The Contract Documents herein mentioned include all of the Contract Documents, including but not limited to the following: 1. Village of Buffalo Grove Pyrotechnic Services Proposal Specifications 2. The General Conditions of the Contract 3. The Contract 4. The Specifications 5. Public Contract Statements 6.Schedule of Prices 7. Insurance Certificates and Insurance Policies mentioned or referred to in the foregoing documents 8. Any and all other documents or papers included or referred to in the foregoing documents all of which documents are on file in the Office of the Village Clerk, 50 Raupp Boulevard, Buffalo Grove, Illinois, all said documents being hereby incorporated herein and made a part herein by reference the same as if set forth herein. ARTICLE III -CONTRACT AMOUNT The Contractor agrees to receive and accept the unit price as set forth in the Schedule of Prices as full compensation for furnishing all materials and equipment and for doing all the work contemplated and embraced in the Contract; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its acceptance by the Village, and for all risks of every description connected with the work; also for well and faithfully completing the work, and the whole thereof, in the manner and according to and in compliance with the Specifications and Contract Documents and the requirements of the Village Fire Chief. 1.8 ARTICLE IV—CONFLICT BETWEEN COMPONENT PARTS OF CONTRACT In the event that any provision in any of the following component parts of this Contract conflicts with any provision in any other of the following component parts, the provision in the component part which follows it numerically except as may be otherwise specifically stated applies. Said component parts are the following: 1. General Conditions of Contract 2. Proposal Documents and Specifications 3. Schedule of Prices 4. The Contract This Contract is intended to conform in all respects to applicable statutes of the State in which the work is to be constructed,and if any part or provision of this Contract conflicts therewith,the said statute shall govern. ARTICLE V The Village agrees with said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and do all the work, and do all other things hereinabove mentioned, according to the terms and conditions hereinabove contained or referred to, for the prices aforementioned, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth or referred to in the Specifications and Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors and assigns,do hereby agree to the full performance of the covenants herein contained. 1.9 ARTICLE VI—MISCELLANEOUS PROVISIONS A. Contractor shall comply with all applicable laws, regulations and rules promulgated by any federal, state, local, or other governmental authority or regulatory body pertaining to all aspects of the Work, now in effect, or which may become in effect during the performance of the Work. The scope of the laws, regulations, and rules referred to in this paragraph includes, but is in no way limited to, the Illinois Human Rights Act, Illinois Equal Pay Act of 2003, Occupational Safety & Health Act along with the standards and regulations promulgated pursuant thereto (including but not limited to those safety requirements involving work on elevated platforms), all forms of traffic regulations, public utility, Interstate and Intrastate Commerce Commission regulations, Workers' Compensation Laws, Public Construction Bond Act, Prevailing Wage Laws, Public Works Preference Act, Employment of Illinois Workers on Public Works Act, USA Security Act, federal Social Security Act (and any of its titles), and any other law, rule or regulation of the Illinois Department of Labor, Department of Transportation, Illinois Environmental Protection Act, Illinois Department of Natural Resources, Illinois Department of Human Rights, Human Rights Commission, EEOC,and the Village of Buffalo Grove. B. Contractor shall comply with the provisions of the Illinois Public Works Employment Discrimination Act and the Illinois Human Rights Act/Equal Opportunity Clause which, pursuant to Illinois law,are deemed to be part of this Contract. The relevant provisions will be fully incorporated into the Contract by reference and set forth in full. C. Contractor agrees to furnish all documentation related to this Agreement and any documentation related to the Village required under an Illinois Freedom of Information Act (ILCS 140/1 et. seq.) ("FOIA") request within five (5) days after Village issues notice of such request to Contractor. Contractor agrees to defend, indemnify and hold harmless the Village, and agrees to pay all reasonable costs connected therewith (including, but not limited to reasonable attorney's and witness fees, filing fees and any other expenses) for the Village to defend any and all causes, actions, causes of action, disputes, prosecutions, or conflicts arising from Contractor's,actual or alleged violation of the FOIA or Contractor's failure to furnish all documentation related to a request within five(5)days after Village issues notice of a request. Furthermore, should Contractor request that Village utilize a lawful exemption under FOIA in relation to any FOIA request thereby denying that request, Contractor agrees to pay all costs connected therewith (such as reasonable attorneys' and witness fees, filing fees and any other expenses) to defend the denial of the request. The defense shall include, but not be limited to, challenged or appealed denials of FOIA requests to either the Illinois Attorney General or a court of competent jurisdiction. Contractor agrees to defend, indemnify and hold harmless the Village,and agrees to pay all costs connected therewith (such as reasonable attorneys' and witness fees,filing fees and any other expenses) to defend any denial of a FOIA request by Contractor's request to utilize a lawful exemption to the Village. 20 VILLAGE OF BUFFALO GROVE CONTRACT Pyrotechnic Services CONTRACTOR BY TITLE ATTEST: BY TITLE THE VILLAGE OF BUFFALO GROVE VILLAGE MANAGER 21. APPENDIX A. EXAMPLE OF CERTIFICATE OF INSURANCE 22 EXAMPLE OF CERTIFICATE OF AUTHORITY 23