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2015-12-07 - Village Board Regular Meeting - Agenda PacketFifty Raupp Blvd Buffalo Grove, IL 60089-2100 Phone: 847-459-2500 A. Pledge of Allegiance 2. Approval of Minutes A. Village Board - Regular Meeting - Nov 2, 2015 7:30 PM B. Village Board - Special Meeting - Nov 16, 2015 7:30 PM 3. Approval of Warrant A. Warrant #1257 (Joanne Johnson) 4. Village President's Report A. Presentation of Helmets to Village Board by IAFF Local 3177 (Dane Bragg) B. Tenth District Leadership Award Recipient Proclamations (Beverly Sussman) C. Proclamation Declaring November as Native American Heritage Month (Beverly Sussman) D. Appointments to the Health Commission (Beverly Sussman) 5. Village Manager's Report A. Street Funding Strategy (Dane Bragg) 6. Special Business 7. Reports from Trustees 8. 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). A. Authorization to Execute an Agreement with North American Midway Entertainment (Andrew Stein) SUMMARY: Staff recommends the Village Board authorize the Village Manager to execute a contract with North American Midway Entertainment for Amusements and Activities at Buffalo Grove Days Event, pending final review and approval of the contract by the Village Attorney. B. 0-2015-65 An Ordinance Amending Chapter 5.20, Liquor Controls - Outback Steakhouse of Florida, 720 Lake Cook Road (Beverly Sussman) SUMMARY: Outback Steakhouse has recently closed their Buffalo Grove location. As a result, the Class A liquor license is hereby rescinded. C. Award of Bid Custodial Services (Andrew Stein) SUMMARY: Based on the review of the bids, reference checks, and interviews, staff recommends that the Village Board award the bid for custodial services to the third lowest bidder, GSF-USA, for a cost not to exceed $90,777.00 as further detailed in the attached memo. D. Authorization to Waive Bids and Purchase Dell AppAssure Advance Data Protection Software (David Weidenfeld) SUMMARY: Staff seeks authorization to waive bids and purchase Dell AppAssure software from Paragon Micro for $22,249.99 with a three year license and a purchase of the associated server hardware from Digiliant for $7,970.00 with a three year on site warranty, as further detailed in the attached memo. E. Authorization to Execute an Agreement with AT&T for Managed Internet Service (David Weidenfeld) SUMMARY: Staff recommends the Village Board authorize staff to execute an agreement with AT&T for Managed Internet Service as further detailed in the attached memo pending review and approval of the agreement by the Village Attorney. The cost of this service is $1,152.69 per month for a minimum term of 36 months. F. 0-2015-66 Lake County Watershed Development Ordinance Update (Andrew Stein) SUMMARY: To remain compliant with the National Floodplain Insurance Program the Village is required to update the Village Ordinance to reflect the latest Lake County Watershed Development Ordinance. G. 0-2015-67 Ordinance Approving a Special Use with Variations for Willow Grove Elementary School (Jeffrey Berman) SUMMARY: Kildeer Countryside School District 96 (District 96) is proposing an addition, along with other improvements, to the existing Willow Grove School located at 777 N Checker Drive. As a result of the changes, a special use and variations are required. H. Salt Dome Change Order #1 (Andrew Stein) SUMMARY: The salt dome construction contract included the paving of a new pad. Staff was able to successfully perform this work through the Village's contractor at a much reduced cost. Accordingly, the value of the paving work ($77,760) was removed from the dome construction contract. R-2015-33 Resolution Authorizing Village Manager to Upgrade Certain Siren Equipment (Steven Trilling) SUMMARY: Based on a review and analysis by NWCDS, it is recommended that weather siren controller components be upgraded from analog to digital control, with remote access by dispatch. J. Buffalo Grove Municipal Compliance Report for December 31, 2014 - Firefighters' Pension Fund (Joanne Johnson) SUMMARY: The Illinois Pension Code requires that the Firefighters' Pension Fund Board of Trustees submit a Municipal Compliance Report prior to the adoption of the Village's 2015 property tax levy regarding fiscal condition. This report has been prepared on behalf of the Village's Police Pension Fund Board and acceptance is requested. K. Municipal Compliance Report for December 31, 2014 - Police Pension Fund (Joanne Johnson) SUMMARY: The Illinois Pension Code requires that the Police Pension Fund Board of Trustees submit a Municipal Compliance Report prior to the adoption of the Village's 2015 property tax levy regarding fiscal condition. This report has been prepared on behalf of the Village's Police Pension Fund Board and acceptance is requested. L. 0-2015-68 An Ordinance Approving a Side Letter of Agreement Between the Village of Buffalo Grove and the Metropolitan Alliance of Police (Steven Trilling) SUMMARY: The proposed side letter amendment provides for a 2.50 percent increase for police patrol officers, represented by the Metropolitan Alliance of Police, for the period of January 1, 2016 through December 31, 2016 and is consistent with funds programmed in the Village's 2016 budget. 9. Ordinances and Resolutions A. 0-2015-69 1371 : Ordinance Establishing a 180 Day Moratorium on Electronic Cigarette Stores (Lester Ottenheimer III) B. 0-2015-70 1372 : Ordinance Establishing a 180 Day Moratorium on New Tobacco Shops (Lester Ottenheimer III) C. 0-2015-71 Ordinance Approving an Economic Incentive Agreement with Connexion at 1700 Leider Lane (Lester Ottenheimer III) D. 0-2015-72 Ordinance for the Levy and Collection of Taxes for the Fiscal Year Commencing on the 1 St Day of January, 2016 and Ending on the 31 St Day of December, 2016 (Joanne Johnson) E. 0-2015-73 Adopting the Fiscal 2016 (January 1 - December 31, 2016) Budget for the Village of Buffalo Grove (Joanne Johnson) 10. Unfinished Business 11. New Business A. Authorization to Execute an Agreement with Ultra Strobe Communications, Inc. for Emergency Vehicle Lighting Services (Steven Trilling) B. Award of Bid 2016 Crack Sealing to Denler, Inc. (Andrew Stein) C. Authorization to Execute a One Year Contract Extension with Tap Room Hospitality (Joanne Johnson) 12. 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. 13. Executive Session 14. 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. 11 /2/2015 2.A 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, NOVEMBER 2, 2015 Call to Order The meeting was called to order at 7:30 PM by Village President Beverly Sussman A. Pledge of Allegiance President Sussman called the meeting to order at 7: 32 P.M Those present stood and pledged allegiance to the Flag. B. Roll Call Roll call indicated the following present: President Sussman; Trustees Berman, Trilling, Stein, Ottenheimer, Weidenfeld, and Johnson. Also present were: Dane Bragg, Village Manager; William Raysa, Village Attorney; Jeff Stein, Assistant Village Attorney; Jennifer Maltas, Deputy Village Manager; Evan Michal, Management Analyst; Scott Anderson, Director ofFinance; Art Malinowski, Director ofHuman Resources; Christopher Stilling, Community Development Director; Mike Reynolds, Director of Public Works; Darrin Monico, Village Engineer; Brett Robinson, Director of Purchasing; Geoff' Tollefson, Director of Golf Operations; Police Chief Casstevens; and Fire Chief Baker. Approval of Minutes A. Village Board - Regular Meeting - Oct 19, 2015 7:30 PM Moved by Johnson., seconded by Ottenheimer; to approve the minutes of the October 19, 2015 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 6 - Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson NAYS: 0 - None Motion declared carried. RESULT: ACCEPTED [UNANIMOUS] MOVER: Joanne Johnson, Board Member SECONDER: Lester A. Ottenheimer III, Trustee AYES: Weidenfeld, Johnson, Berman, Trilling, Stein, Ottenheimer III B. Village Board - Special Meeting - Oct 26, 2015 7:30 PM Moved by Weidenfeld, seconded by Johnson, to approve the minutes of the October 26, 2015 Special Meeting. Upon roll call, Trustees voted as follows: AYES: 5 - Berman, Trilling, Ottenheimer; Weidenfeld, Johnson NAYS: 0 - None ABSTAIN: I - Stein Motion declared carried. m 3 C 0 0 a a Q Packet Pg. 5 2.A 11/2/2015 RESULT: ACCEPTED [UNANIMOUS] MOVER: David Weidenfeld, Trustee SECONDER: Joanne Johnson, Board Member AYES: Weidenfeld, Johnson, Berman, Trilling, Ottenheimer III ABSENT: Andrew Stein Approval of Warrant A. Warrant #1256 (Joanne Johnson) Mr. Anderson. read Warrant 91256. Moved by Trilling, seconded by Weidenfeld, to approve Warrant #1256 in the amount of $1,848,281.29, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 6 - Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson NAYS: 0 - None Motion declared carried. RESULT: APPROVED [UNANIMOUS] MOVER: Steven Trilling, Trustee SECONDER: David Weidenfeld, Trustee AYES: Weidenfeld, Johnson, Berman, Trilling, Stein, Ottenheimer III Village President's Report A. Appointment of Two Residents to the Commission for Residents with Disabilities (Beverly Sussman) President Sussman appointed Faye Ann Hirsch and Kevin Sullivan to the Commission for Residents with Disabilities. Moved by Berman, seconded by Ottenheimer, to concur with President Sussman's appointments. Upon roll call, Trustees voted as follows: AYES: 6 - Berman, Trilling, Stein., Ottenheimer, Weidenfeld, Johnson NAYS: 0 - None Motion declared carried. Village Manager's Report Mr. Anderson presented the Truth in Taxation Determination, details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared, as well as his memo to Mr. Bragg of October 29, 2015. Moved by Johnson, seconded by Ottenheimer, to accept that the Truth in Taxation calculation was reported and that it will not be necessary to hold a Public Hearing. Trustee Berman stated that, due to technical issues, he was not able to review the draft budget that was distributed electronically by staff, therefore, he is reluctant to confirm that the presentation demonstrates that the Public Hearing is not necessary. Trustee Berman has no doubts about Mr. Anderson's analysis or calculations, but because he did not have an opportunity to review the draft budget, he will abstain. Q Packet Pg. 6 11/2/2015 2.A Upon roll call, Trustees voted as follows: AYES: 5 - Trilling, Stein, Ottenheimer, Weidenfeld, Johnson NAYS: 0 - None ABSTAIN: 1 - Berman Motion declared carried. Mr. Bragg noted that the paper presentation of the draft budget is available this evening, and the electronic version will be available for public viewing on the Village's website tomorrow morning. The budget presentation will take place on November 16, 2015. Mr. Bragg congratulated Police Chief Casstevens on his recent honor as he was elected to the position of Fourth Vice President of the International Association of Chiefs of Police. Chief Casstevens was congratulated by the audience and the Board. A. Truth in Taxation Determination (Joanne Johnson) Special Business Reports from Trustees A. Bicycle Helmet Requirement (Steven Trilling) Trustee Trilling noted that he has received a communication fi^om a resident requesting that the Village adopt a mandatory ordinance requiring the use of Bicycle Helmets for all age groups. Moved by Trilling, seconded by Weidenfeld, to move this suggestion to the Board ofHealth for further review and to conduct investigative work relative to the merits of the suggestion and report back to the Village Board. There was discussion as to the enforceability of the proposed ordinance and whether this should be a local ordinance as opposed to a statewide ordinance. Upon roll call, Trustees voted as follows: AYES: 6 - Berman, Trilling, Stein, Ottenheimer, Weider feld, Johnson NAYS: 0 - None Motion declared carried. m 3 C 0 0 a a a Packet Pg. 7 11/2/2015 2.A Consent Aaenda RESULT: ADOPTED [UNANIMOUS] MOVER: Lester A. Ottenheimer III, Trustee SECONDER: Jeffrey Berman, Trustee AYES: Weidenfeld, Johnson, Berman, Trilling, Stein, Ottenheimer III A. R-2015-31 Resolution Transferring Pool Cap to the City of Waukegan (David Weidenfeld) SUMMARY: Buffalo Grove hosts the Private Activity Bond Clearinghouse for Lake County through Lake County Partners. A project in Waukegan for Rescue Tire Recycling, LLC. has been approved for funding. The attached resolution transfers the approved funds from the pool to the City of Waukegan. B. R-2015-32 Calendar Year 2016 Village -Wide Street Maintenance Motor Fuel Tax Resolution (Andrew Stein) SUMMARY: Attached is the required IDOT Motor Fuel Tax (MFT) Resolution requesting MFT funds to be authorized, in part, for the 2016 calendar year Village -wide street maintenance program. C. Authorization to Execute Contract Extensions with Multiple Vendors (Joanne Johnson) SUMMARY: Staff recommends that the Village President and Board of Trustees authorize staff to execute the following Contract extensions as listed below and further detailed in the attached memo. A third year contract option with Elevator Inspection Services Company, Inc.(EIS), for Elevator Inspection Services. A third year contract option with Presstech, Inc., for Printing Services. A third year contract option with Dropzone Portable Services, Inc. for Portable Restroom Services. A third year maintenance service contract option with Total Parking Solutions , Inc. for maintenance on automated parking machines. A second year contract option with Magic Dreams Productions for Video Services. A second year contract option with Municipal GIS Partners, Inc. for Geographical Information Services. D. Authorization to Execute an Agreement with Clarke Environmental Mosquito Management (Lester Ottenheimer III) SUMMARY: Staff recommends an award of contract to Clarke Environmental Mosquito Management, Inc. at a not to exceed price of $49,900 for Fiscal Year 2016. The proposed 2016 contract price represents an eight tenths of one percent increase over the contractual price paid in 2015. m c 0 0 L Q a Q Packet Pg. 8 11/2/2015 2.A Ordinances and Resolutions A. 0-2015-61 An Ordinance Adding Section 2.08.043, Budget Officer, to the Village of Buffalo Grove Municipal Code (Lester Ottenheimer III) Moved by Ottenheimer, seconded by Berman, to pass Ordinance No. 2015-61, adding Section 2.08.043, Budget Officer, to the Village of Buffalo Grove Municipal Code. Mr. Anderson reviewed the proposed ordinance, details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared, as well as his memo to Mr. Bragg of October 29, 2015. Mr. Anderson then answered questions from the Board. Trustees Ottenheimer and Berman amended the motion to add the following: "subject to filling in of the amount of the bond based on the recommendation obtained by staff". c 0 Upon roll call, Trustees voted as follows on the motion: 0 L Q Q AYES: 6 - Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson Q NAYS: 0 - None a Motion declared carried. M RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVER: Lester A. Ottenheimer III, Trustee SECONDER: Jeffrey Berman, Trustee AYES: Weidenfeld, Johnson, Berman, Trilling, Stein, Ottenheimer III B. 0-2015-62 An Ordinance Providing for the Outstanding Taxable General Obligation Line of Credit Note of the Village of Buffalo Grove, Lake and Cook Counties, Illinois, Previously Issued in 2012 to Pay the Costs of Necessary Expenditures, and Affirming the Security for and Payment of Said Notice. (Lester Ottenheimer III) Moved by Ottenheimer, seconded by Stein, to pass Ordinance No. 2015-62, providing for the Outstanding Taxable General Obligation Line of Credit Note of the Village of Buffalo Grove, Lake and Cook Counties, Illinois, previously issued in 2012 to pav the costs of necessary expenditures and affirming the security for and payment of said notice. Mr. Anderson reviewed the proposed ordinance, details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. Mr. Anderson then answered questions from the Board. Upon roll call, Trustees voted as follows on the motion: AYES: 6 - Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson NAYS: 0 - None Motion declared carried. Packet Pg. 9 11/2/2015 2.A RESULT: ADOPTED [UNANIMOUS] MOVER: Lester A. Ottenheimer III, Trustee SECONDER: Jeffrey Berman, Trustee AYES: Weidenfeld, Johnson, Berman, Trilling, Stein, Ottenheimer III C. 0-2015-63 Ordinance Adding Chapter 13.13 to the Buffalo Grove Municipal Code (Andrew Stein) Moved by Stein, seconded by Weidenfeld, to pass Ordinance 92015-63, adding Chapter 13.13 to the Buffalo Grove Municipal Code creating a Stormwater Utility Fee in accordance with information contained in Board packets. Mr. Reynolds reviewed the proposed ordinance, details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. Upon roll call, Trustees voted as follows on the motion: AYES: 6 - Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson NAYS: 0 - None Motion declared carried. Q RESULT: ADOPTED [UNANIMOUS] MOVER: Andrew Stein, Trustee SECONDER: David Weidenfeld, Trustee AYES: Weidenfeld, Johnson, Berman, Trilling, Stein, Ottenheimer III D. 0-2015-64 Consider Approval of an Ordinance Granting a Special Use for a Drive - Through for 310 Half Day Road (Jeffrey Berman) Mr. Raysa reviewed the background with regard to the proposed ordinance, noting that the only item before the Board tonight is the approval or denial of the special use. The issue between the proposed dry cleaners and the existing dry cleaners in the shopping center is a private matter between the two parties. Dry cleaners are a permitted use in the B-3 District, and the shopping center may have more than one dry cleaning operation.. Moved by Berman, seconded by Trilling, to pass Ordinance No. 2015-64, approving an Ordinance granting a Special Use fbr a Drive -Through for 310 Half Day Road, in accordance with material contained in Board packets, the Plan & Zoning Commission findings and recommendation, and the draft ordinance dated October 23, 2015, Mr. Stilling summarized the Planning & Zoning Commission deliberations regarding the proposed ordinance, details of which are contained in the Village Board Meeting Agenda Item Overview, the Planning & Zoning Commission minutes, and his memo to the Board of October 29, 2015. Board discussion, primarily regarding the fire lane, ensued as to whether or not the Special Use should be approved. Karl Russ, owner of Tide Cleaners, also commented on the traffic situation. Dan Wolf,' attorney, for Rainbow Cleaners, a current tenant in Woodland Commons, noted that there is an amendment to the lease that provides for exclusive use in this center. Mr. Wolf stated Packet Pg. 10 11/2/2015 2.A that approval of a special use indicates that granting the special use will not be detrimental or injurious to the property in the immediate vicinity, and he believes that the approval of this special use will be detrimental to the general welfare. Approval of the special use would also breach Rainbow's existing lease with the property owner, Inland. Mr. Wolf urged the Board not to approve the proposed ordinance. Several members of the public and clients of Rainbow Cleaners spoke on behalf of Rainbow Cleaners and stated that they believe that the addition of Tide Cleaners to the shopping center will be detrimental to the operation of Rainbow Cleaners. Mr. Russ provided further details on the proposed operation of Tide Cleaners. N m 3 C After further discussion, Trustees voted as follows on the motion: 0 AYES: 5 - Berman, Trilling, Stein, Ottenheimer, Johnson o 0 NAYS: I - Weidenfeld a Q Motion declared carried. RESULT: ADOPTED [5 TO 1] MOVER: Jeffrey Berman, Trustee SECONDER: Steven Trilling, Trustee AYES: Johnson, Berman, Trilling, Stein, Ottenheimer III NAYS: David Weidenfeld Unfinished Business New Business Questions From the Audience President Sussman 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; there were no such questions. Executive Session Adjournment The meeting was adjourned at 9:04 PM APPROVED BY ME THIS 2nd Janet Sirabian Village Clerk DAY OF November , 2015 Packet Pg. 11 11/2/2015 2.A Beverly Sussman, Village President 2 Packet Pg. 12 2.B 11/16/2015 MINUTES OF THE SPECIAL MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON MONDAY, NOVEMBER 16, 2015 Call to Order The meeting was called to order at 7:30 PM by Village President Beverly Sussman A. Pledge of Allegiance President Sussman called the meeting to order at 7: 32 P.M Those present stood and pledged allegiance to the Flag. B. Roll Call Roll call indicated the following present: President Sussman; Trustees Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson. Also present were: Dane Bragg, Village Manager; William Raysa, Village Attorney; Jennifer Maltas, Deputy Village Manager; Evan Michel, ManagementAnalvst; Scott Anderson, Director of Finance; Andrew Brown, Deputy Finance Director; Art Malinowsld, Director of Human Resources; Peter Cahill, Human Resources Management Analyst; Brett Robinson, Purchasing Manager; Mike Reynolds, Director of Public Works; Mike Skibbe, Superintendent of'Public Works; Dave Haisma, Superintendent of Water Operations; Chris Stilling, Director of Economic Development; Darren Monico, Village Engineer; Brian Sheehan, Building Commissioner; Nicole Woods, Village Planner; Geoff Tollef on, Director of Golf Operations; Fire Chef Baker; Police Chief Casstevens; and Deputy Police Chief S:�os. Village President's Report A. Rescheduling December 8, 2015 Village Board Meeting (Beverly Sussman) Trustee Johnson reported that there will be a Blood Drive at the Alcott Center on December 5, 2015. Special Business A. Public Hearing to Discuss the 2016 Budget (Joanne Johnson) President Sussman opened the Public Hearing at 7: 34 P.M. Roll call indicated the following present: President Sussman; Trustees Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson. B. 2016 Budget Presentation (Beverly Sussman) Mr. Bragg presented opening comments and the budget structure for this evening, details of which are contained in his Budget Letter to the Corporate Authorities of November 2, 2015. Staff members reviewed specifics of each of their departments, after which they answered questions from Board members. Ms. Maltas presented an overview of the Strategic Plan goals for 2016, and highlighted the key Strategic Plan outcomes fbr 2015. Q Packet Pg. 13 11/16/2015 2.B Mr. Malinowski reviewed the Wages & Benefits portion of the budget document. Mr. Anderson reviewed the process of developing the budget for 2016 and a general review of the budget, noting that there have been several meetings of the whole, as well as individual meetings with Board members to get to this point. The Board and staff have worked on this budget throughout the entire year, and the Board posed questions for staff prior to this meeting. All of those questions were answered by staff, therefore, there are few unanswered questions being posed tonight. Mr. Anderson then reviewed the revenue side of the budget, and reviewed the operating budgetfor each department. Mr. Anderson and Ms. Maltas reviewed the budgets for the Legislative and Office of 'the Village Manager Departments. Mr. Brown reviewed the portion of the budget dealing with the Finance & General Service Department. Mr. Malinowski reviewed the Legal Services portion of the budget document. Mr. Stilling reviewed the Community Development portion of the budget document. Chief Baker reviewed the portion of the budget document relating to Fire services. Chief Casstevens reviewed the portion of the budget document relating to Police services, highlighting the accomplishments of 2015 and projections, for 2016. Mr. Reynolds reviewed Public Works portion of the budget document. Mr. Anderson reviewed the Capital Fund. Mr. Tollefson reviewed the Golf Operations portion of the budget document. Mr. Anderson reviewed the remaining portion of the Enterprise Funds, as well as the Internal Service Funds. Mr. Anderson reviewed the remaining Funds in the budget document. Mr. Anderson confirmed that the Village has always met its obligation regarding pension funds at 100%. N d 3 c 0 �a 0 L Q Q Q Packet Pg. 14 11/16/2015 2.B Mr. Bragg concluded by reinforcing that staff is continuing the plan to provide for sustainable, cost efficient, and reliable services. They are continuing to make changes to the budget process to get a better understanding of what it really costs to provide services and what is most competitive. The budget document will be available online throughout the year. Craig Horwitz, 883 Stonebridge Lane, stated that he had several questions on the Budget. Staff responded to Mr. Horwitz's comments. Questions From the Audience President Sussman asked if there were any questions from the audience on items not on tonight's agenda; there were no such questions. Executive Session Adjournment The meeting was adjourned at 10:07 PM APPROVED BY ME THIS 16th Janet Sirabian Village Clerk DAY OF November , 2015 Beverly Sussman, Village President N d 3 c 0 �a 0 a a a Packet Pg. 15 3.A Action Item : Warrant #1257 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. TOTAL WARRANT #1257 5,513,343.34 ATTACHMENTS: • W#1257 Summary (PDF) Trustee Liaison Trustee Johnson Monday, December 7, 2015 Staff Contact Scott Anderson, Finance Updated: 12/3/2015 11:18 AM Page 1 Packet Pg. 16 3.A.a VILLAGE OF BUFFALO GROVE WARRANT #1257 7-Dec-15 General Fund: 783,710.84 Parking Lot Fund: 6,337.55 Motor Fuel Tax Fund: 196,888.23 Debt Service Fund: 657,406.25 School & Park Donations 0.00 Capital Projects -Facilities: 119,585.81 Capital Projects -Streets: 93,676.30 Health Insurance Fund: 0.00 Facilities Development Debt Service Fund: 0.00 Retiree Health Savings (RHS): 3,656.94 Water Fund: 584,542.61 Buffalo Grove Golf Fund: 87,601.36 Arboretum Golf Fund: 146,172.91 Refuse Service Fund: 62,645.00 Information Technology Internal Service Fund: 99,846.41 Central Garage Internal Service Fund: 35,304.88 Building Maintenance Internal Service Fund: 18,190.39 2,895,565.48 PAYROLL PERIOD ENDING 11/05/15 845,023.29 PAYROLL PERIOD ENDING 11/19/15 852,349.14 PAYROLL PERIOD ENDING 12/03/15 920,405.43 2,617,777.86 TOTAL WARRANT #1257 5,513,343.34 APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Village Clerk Village President u� N *k r� c ca i i c� 0 �a 0 a a Q Ln co M E E 0 co ti LO N c m E z ca Q Packet Pg. 17 4.A Information Item : Presentation of Helmets to Village Board by IAFF Local 3177 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends discussion. Members of the Fire Department will present the Village Board with helmets as a thank you for participating in Fire Ops 101. Trustee Liaison Village Manager Bragg Monday, December 7, 2015 Staff Contact Mike Baker, Fire Updated: 10/28/2015 8:10 PM Page 1 Packet Pg. 18 4.B Information Item : Tenth District Leadership Award Recipient Proclamations ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends acceptance. Proclamation recognizing Paula Carballido and Tory Livingston for their service to the community and their Tenth District Award. ATTACHMENTS: • 10th dist award 1 (DOCX) • 10th dist award 2 (DOCX) Trustee Liaison Village President Sussman Monday, December 7, 2015 Staff Contact Jenny Maltas, Office of the Village Manager Updated: 12/3/2015 2:06 PM Page 1 Packet Pg. 19 4.B.a 7 x yfy � 441c, 4 ill Village of Buffalo Grove COMMENDING ENTREPRENEURIAL EXCELLENCE AWARD RECIPIENT TROY LIVINGSTON WHEREAS, the Tenth District Leadership Awards recognizes every day heroes that make their community an amazing place to live, work and raise children; and WHEREAS, The Tenth District Leadership Awards promote the public good and civic service by recognizing leaders in the community; and WHEREAS, The Entrepreneurial Excellence Award is given to a businessman or businesswoman who has demonstrated entrepreneurial excellence as part of a small business or start-up in our community that has succeeded in implanting innovative strategies to establish a thriving local business; and WHEREAS, Troy Livingston has been the president of Livingston Products, Inc. in Buffalo Grove since it was founded in 1987; and LO WHEREAS, Troy Livingston is credited with over 50 patents as well as years of experience designing and building original products; WHEREAS, Troy Livingston routinely speaks to high school students about engineering and innovation and has inspired many to become engineers; and WHEREAS, in the words of Congressman Dold "his passion for inspiring others, including frequently speaking with high school students about engineering, is what really set Troy apart"; NOW, THEREFORE, I, Beverly Sussman, Village President of the Village of Buffalo Grove, do hereby recognize Troy Livingston for his years of inspirational service to the residents of the Village of Buffalo Grove and the Tenth Congressional District. Proclaimed this 7tn day of December 2015. Village President Packet Pg. 20 4.B.b 7 Village of Buffalo Grove COMMENDING HELPING HEROES AWARD RECIPIENT PAULA CARBALLIDO WHEREAS, the Tenth District Leadership Awards recognizes every day heroes that make their community an amazing place to live, work and raise children; and WHEREAS, The Tenth District Leadership Awards promote the public good and civic service by recognizing leaders in the community; and WHEREAS, The Helping Heroes Award is given to a resident of the Tenth District who has answered the call to help America's heroes by bettering the lives of our veterans and their families. The nominee can be a veteran themselves or simply a dedicated community member; and WHEREAS, Paula Carballido is the program director for Lake County Honor Flight and president of the Exchange Club of North Chicago; and WHEREAS, the mission of Lake County Honor Flight and the Honor Flight Network is to fly America's Veterans to Washington D.C. to visit those memorials dedicated to honor their sacrifices. Top priority is given to America's most senior veterans -survivors of WWII -followed by Korean & Vietnam Veterans and any veterans with a terminal illness who wish to visit their memorial.; and WHEREAS, The Exchange Club of North Chicago is the first and only Exchange Club to initiate an Honor Flight Hub; and WHEREAS, in the words of Congressman Dold "the passion that Paula exudes for helping veterans is truly inspiring"; NOW, THEREFORE, I, Beverly Sussman, Village President of the Village of Buffalo Grove, do hereby recognize Paula Carballido for her years of dedicated service to those who served as well as the proud veterans who call Buffalo Grove and the Tenth Congressional District home. Proclaimed this 71h day of December 2015. Village President Packet Pg. 21 4.0 Information Item : Proclamation Declaring November as Native American Heritage Month ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends acceptance. The Village has been approached to recognize November as Native American Heritage Month. ATTACHMENTS: • Native American Heritage Month Trustee Liaison Village President Sussman Monday, December 7, 2015 (DOCX) Staff Contact Dane Bragg, Office of the Village Manager Updated: 12/3/2015 10:28 AM Page 1 Packet Pg. 22 4.C.a Native American Heritage Month November 2015 WHEREAS, the history and culture of our great nation have been significantly influenced by the indigenous peoples — the first Americans — of North America; and WHEREAS, we recognize their many accomplishments, contributions, and sacrifices, and we pay tribute to their participation in all aspects of American society; and WHEREAS, we celebrate the ancestry and time-honored traditions of American Indians and Alaska Natives in North America; and WHEREAS, they have guided our land stewardship policies, added immeasurably to our cultural heritage, and demonstrated courage in the face of adversity; and WHEREAS, their native languages have also played a pivotal role on the battlefield when, during World Wars I and II, Native American code talkers developed unbreakable codes to communicate military messages that saved countless lives; NOW, THEREFORE, I, Village President of the Village of Buffalo Grove, do hereby proclaim the month of November 2015 as Native American Heritage Month in the Village of Buffalo Grove. Proclaimed this 7th day of December 2015. Village President Packet Pg. 23 4.D Information Item : Appointments to the Health Commission ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends review of appointments. President Sussman will present appointments for the newly formed Health Commission. The proposed appointments and their attendance record since the Board of Health/Blood Commission was merged (August 2014) to present is listed next to their names. Jeff Battinus (1 of 7 meetings) Rebecca Bergman (3 of 3 meetings since appointed in August 2015) Mike Garfield (5 of 7 meetings) Joan Kuffel (4 of 7 meetings) Deb Moritz, Chair (6 of 7 meetings) Doug Pitchford (7 of 7 meetings) Karleen Pitchford (6 of 7 meetings) Appointments are proposed to be effective until April 30, 2016 in order to be consistent with all other boards and commissions. Trustee Liaison Village President Sussman Monday, December 7, 2015 Staff Contact Jenny Maltas, Office of the Village Manager Updated: 12/3/2015 4:29 PM Page 1 Packet Pg. 24 5.A Information Item : Street Funding Strategy ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends discussion. Staff is proposing the issuance of $6 million in bonds in 2016 for street resurfacing. The duration of the issue would be fifteen years with an estimated interest rate of 3.5 percent. A memorandum with supporting information is attached. Finance Director Scott Anderson will review the proposed program at the meeting. ATTACHMENTS: • 2016 Bonds - Streets (DOCX) Trustee Liaison Village Manager Bragg Monday, December 7, 2015 Staff Contact Scott Anderson, Finance Updated: 12/3/2015 3:02 PM Page 1 Packet Pg. 25 S.A.a (LLAGE OF TO: DANE C. BRAGG FROM: SCOTT D. ANDERSON SUBJECT: DEBT ISSUANCE FOR STREET MAINTENANCE DATE: 12/8/2015 In FY 2012, the Village issued $6 million in General Obligation Bonds to accelerate street maintenance funding to address a growing inventory of street resurfacing projects. Each year staff determines through a combination of pavement and useful life cycle analysis the ideal project scope of the annual street maintenance program. The ideal project scope is one whereby routine maintenance is performed before the condition of the pavement necessitates a complete rebuilding of the roadway. Annually, the ideal scope cannot be completed due to limited dedicated funding from both the State of Illinois through the Motor Fuel Tax Fund and internal transfers of Home Rule Sales Tax (20%). As part of those funding discussions, staff identified the need to consider another bond issuance in 2016 to bridge the annually recurring street maintenance fund gap. DEB111' SERVICE Current As of December 31, 2015, the total amount of outstanding debt will be $10.04 million. Outstanding debt includes the Series 2010A (refunding bonds - $1.805 million), Series 2010B (drainage improvements - $2.235 million) and Series 2012 (street improvements - $6 million). As adopted by the Village Board, principal and interest payments have been structured to maintain level debt service over the lifetime of the obligations. The chart below shows the debt service remaining on the three outstanding issues. Debt Service Schedule by Fiscal Year 1,000,000 800,000 .w 600,000� i 400,000 200,000 0 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Series 2012 0 Series 2010E a Series 2010A Page 1 of 5 Packet Pg. 26 S.A.a Proposed Staff is proposing the issuance of $6 million in bonds in 2016 for street resurfacing. The duration of the issue would be fifteen years with an estimated interest rate of 3.5 percent. Using a level debt service strategy and layering in the new debt with the existing issues produces the following chart. The average annual debt service over the next sixteen years will be $1,286,464. Upon issuance, the outstanding debt would be $16.04 million or 1.2 percent of the Village's total equalized assessed value. To put the debt level into perspective, the equivalent debt burden for a $300,000 home would be a $3,600 mortgage. Property Tax Impact Principal and interest payment on the Series 2016 Bonds will commence in 2017. That year's levy will increase by approximately $.5 million over the previous year's debt service levy or an increase of 3.29 percent to the entire Village property tax levy in accordance with the adopted amortization schedule. By adding an additional $6 million in bonds, debt service would represent about 8 percent of the property tax bill, increasing from 5 percent in the current year. Distribution of Property Tax Dollars Debt Service Levy Page 2 of 5 Packet Pg. 27 S.A.a With the increase in the debt service levy, the tax rate would increase to $1.116 per $100 equalized assessed value (EAV) an increase of $.035 in the tax rate (assuming current EAV totals). Applying that increase to the tax bill of a property owner with a home with a market value of $300,000 results in a $35.09 increase. The Village of Buffalo Grove portion of the tax bill would be estimated as shown in the table below. Again, this only represents the Village of Buffalo Grove portion of the tax bill or about 11 percent of the total amount of the tax bill. The Series 2012 bonds were used to complete approximately 10 miles of roads in 2012 and 2013 as shown on the map below. VILLAGE OF BUFFALO GRUVE: STREET IMPROVEMENT MAP 2012-2013 2012 2413 Page 3 of 5 Packet Pg. 28 The proposed Series 2016 bonds would complete approximately 9.6 miles of roads shown as ^2016 Observations Going Forward S.A.a If the proposed bonds are utilized for 2016, the Village's road program would be approximately .5 miles behind the ideal road life cycle of 20 years, assuming an annual allocation of $1.8 million in program funds going forward. If the bonding funds are not approved, the program will be approximately 10 miles behind the ideal road life cycle of 20 years at the end of 2016. Under current funding, the gap in the ideal project scope of the annual street maintenance program falls behind about four miles per year based on an average improvement cost of $650,000 per mile. If roads are not improved in a timely manner, it will cost the Village an additional $1,000,000 per mile for each road that requires reconstruction rather than resurfacing. Other Considerations The Village currently has an $8 million open line of credit (LOC) that will mature November 20, 2018. It is anticipated that $4.5 million will be drawn on the line for Ash Tree reforestation and $3.5 million will be carried as a source of funding for any emergency water/sewer system repairs or other infrastructure needs. Any significant infrastructure repairs in the next five years may require the use of debt, either revenue or general obligation bonds. When the line of credit matures, the Village will either need to pay down the balance in full or do a take-out financing. As the date of the LOC maturing approaches, staff will evaluate several options of how to address the refinancing. From a property tax standpoint, staff expects more recovery in total assessed values in addition to new growth that could help mitigate the impact on individual property tax payers. Depending upon growth in revenues and/or a review of abatement and reserve policies, it may be prudent to raise the level of abatement and draw upon reserve balance to minimize the debt service burden as a component of the levy. Page 5 of 5 Packet Pg. 30 8.A Action Item : Authorization to Execute an Agreement with North American Midway Entertainment ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: Staff recommends the Village Board authorize the Village Manager to execute a contract with North American Midway Entertainment for Amusements and Activities at Buffalo Grove Days Event, pending final review and approval of the contract by the Village Attorney. ATTACHMENTS: • NAME Memo (DOCX) • BG Contract 2016-18 final (DOCX) Trustee Liaison Trustee Stein Monday, December 7, 2015 Staff Contact Scott Anderson, Finance Updated: 12/3/2015 11:16 AM Page 1 Packet Pg. 31 8.A.a 1,1 F �13UFFALO GROVE DATE: November 23, 2015 TO: Dane Bragg, Village Manager FROM: Brett Robinson, Purchasing Manager RE: Amusement Rides and Activities for Buffalo Grove Days Background Information Is On August 3, 201S the Village Board authorized staff to negotiate with North American Midway Entertainment (NAME) for Amusement Rides and Activities for Buffalo Grove Days. NAME has been providing rides and entertainment for the Buffalo Grove Days event for nearly 30 years. Staff was only recently able to meet with representatives of NAME. Staff was able to negotiate a contract similar to those in the past preserving all services the Village had previously received. The proposed contract is for a three year period with two possible, two year extensions. Staff was able to negotiate an increase in the Village's share of the gross receipts. The First three years will be at a 35% share with the first two year extension increasing the share to 36% and the second extension raising the Village's portion of the gross receipts to 37%. As in years past NAME will also provide midway services for the BG Days Fun and Food Program (not open to the general public) on Labor Day morning. Recommendation Staff requests the Village Board authorize staff to execute a contract with North American Midway Entertainment for Amusements and Activities at Buffalo Grove Days Event, pending final review and approval of the contract, by the Village Attorney. M°ett Iilllliuubirison ftn:hasin II`,rizm]ges Page 1 of 1 Packet Pg. 32 8.A.b y � rbry� R"!]�� AmER]Ul�`J), M�IhDWU �I 1! tullll�� IIY E N T E R T A I N M E N T CONTRACT This agreement made this 1" day of December, 2015 by and between North American Midway Entertainment - Astro Amusements, Inc. (N.A.M.E.) and the Village: Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, IL 60089 TO WIT: The Village agrees to furnish a location known as Mike Rylko Community Park (on Route 83) for the erection and operation of a combination of rides, shows and concessions by North American Midway Entertainment for an event known as `Buffalo Grove Days". The park and parking lot(s) are to be closed to traffic and parking and ready for occupancy not later than 12:01 AM Monday prior to the event and and Raupp Blvd not later than 7AM Tuesday prior to event. THIS IS A THREE-YEAR CONTRACT EFFECTIVE FOR THE YEARS 2016, 2017 and 2018. THE PARTIES MAY MUTUALLY AGREE TO EXERCISE UP TO TWO (2), TWO (2)-YEAR OPTIONS (option 1: 2019 and 2020 and option 2: 2021and 2022) ON THE TERMS HEREIN BY CONFIRMING SAME IN WRITING BY NOVEMBER 1" OF THE LAST EFFECTIVE YEAR OF THE CONTRACT OR OPTION. The Village is responsible for and agrees to: • Furnish and pay for any and all tax, permits or licenses that may be required for the event. • Furnish and pay for all water, lot and street privileges necessary for the satisfactory operating, conducting and placing of all attractions and concessions, the location of which must be agreeable and acceptable to North American Midway Entertainment in its discretion. • Handling and payment for all festival advertising and promotions including, but not limited to, newspaper, radio, television, posters, flyers, coupons, etc. The Village agrees to pay for and distribute the same. • Provide for sufficient police protection and security. • Provide and pay for 24 hour access to sanitary toilet facilities, starting Tuesday prior to event by 8:00am. • Provide and pay for trash receptacles (i.e. dumpsters) for midway clean up operations. • Provide and pay (if necessary) for a parking area for semi -trailers, supply and empty trucks. • Provide and pay for a 24 hour access to water for sanitary conditions on the midway starting Tuesday prior to event by 8:00am. • Reimburse N.A.M.E. $1800 for administrative costs associated with ticket sellers, cash control and office staff. The parties will review and mutually agree on any changes to this administrative cost prior to each of the two (2)-year renewals options, if exercised. North American Midway Entertainment is responsible for and agrees to: • Furnish and pay for 100 poster cards that the Village shall distribute throughout the surrounding community. N.A.M.E. shall send ad proof 60 days prior to event for approval. • Furnish all electrical connections and electric current necessary for the power and illuminations of all rides, shows and concessions and other exhibits necessary for the conducting of said engagement. Said current to be for operating hours and to be supplied until all attractions are dismantled at the close of engagement. • Provide and pay for no less than six competent and trained people to sell and care for admittance coupons for rides. N.A.M.E. will accept full responsibility for any and all shortages, office staff, cash accounting, credit card sales and midway office security. Both parties agree this will be a transparent process and the Village shall have full access to ticket boxes and the midway office during operating hours for the purpose of coupon and sales reports and audits. The Village shall receive a daily summary of midway sales and a final detailed report at the end of the event. • Furnish uniformed and badged ride attendants and a ride foreman on the festival grounds at all times. • Provide a S 10 million public liability and property damage certificate of insurance, as respects operations of North American Midway Entertainment and for the negligence of the insured only, naming The Village of Buffalo Grove and the Buffalo Grove Park District as additional insured, to include their respective officers, boards, directors, employees, agents, and successors. Said policy shall provide that it not be cancelled or materially changed without 60 days written notice to the Village of Buffalo Grove. N.A.M.E. is not responsible or liable for Buffalo Grove Days employees and volunteers. N.A.M.E. shall execute and provide to the Village of Buffalo Grove any document, including but not limited to a general release, which the Village may reasonably require in order for the Village to comply with the Village of Buffalo Grove's license agreement for temporary use. • Clean up of its area nightly and at the close of the engagement. 1 of 3 .�,ol h /kin rk,, an %fld wav D ntcr a Moir nt. JJ�oo vv t Olii;i+ii°o, 4 a;ar�9 ipn�a°]_i i Vlla)HInaan D'sI,rua°�;,Il➢ fr6}Ilii M, Packet Pg. 33 8.A.b y � rbry� R"!]�� AmER]Ul�`Jl M�IhDWU �I 1! tullll�� IIY E N T E R T A I N M E N T North American Midway Entertainment further agrees: To furnish, present and operate Midway attractions, consisting of a minimum of sixteen (16) amusement rides (space permitting) and a minimum of twelve (12) food and game concessions at the furnished location for an event known as "Buffalo Grove Days" for a period of five days ending on Labor Day in each year of this contract, specifically: Sept 1 — 5, 2016; Aug 31 — Sept 4, 2017; and Aug 30 — Sept 3, 2018. if extension options are exercised, future event dates will be: Aug 29 — Sept 2, 2019; Sept 3 — 7, 2020; Sept 2 — 6, 2021; and Sept 1 — 5, 2022. N.A.M.E. will provide the sponsor a ride list 45 days prior to the festival dates each year. To pay the Village the sum of $225 for each game concession or booth operated on the grounds during this engagement. Any game concession or booth that is closed or unable to operate during the event will be paid pro rata for actual days operated. This concession or booth sum will be mutually reviewed and agreed upon prior to each of the 2-year renewals options, if exercised. To pay the Village 35% of the gross receipts from monies derived from the sale of admission tickets for rides and shows during the 2016 — 2018 contract years; 36% of same during the 2019 — 2020 option contract years, if exercised; and 37% of same during the 2021 — 2022 option contract years, if exercised. Settlement for the rides and concessions booths shall be made on Monday after the event closes. To pay the Village $2000 for the sole purpose of defraying advertising costs for the event. This advertising allowance will be mutually reviewed and agreed upon prior to each of the 2-year renewals options, if exercised. This agreement is not assignable by N.A.M.E. and the Astro Amusement unit will be the exclusive representative, except with the written consent of Village, which will not be unreasonably withheld. IT IS FURTHER UNDERSTOOD AND AGREED: There shall be no other riding devices, shows, attractions or game concessions, such as, but not limited to, virtual reality, Climbing walls, arcade games, Space -- balls, Gyrotrons, Inflatable rides, Orbitron and other rides such as pony rides other than those furnished by N.A.M.E., except those mutually agreed upon by O s both parties. }' 21 North American Midway Entertainment will have the exclusive privilege of selling out of its confection concessions (food trailers) on the carnival midway . . area the following items: cotton candy, popcorn, nachos, caramel corn, caramel apples, corn dogs, and funnel calves. The space designated as the carnival CD midway area shall be mutually agreed to by N.A.M.E. and the Village. To the extent permitted by law, each party (the "indemnifying party") agrees to indemnify the other party, its agents, employees, representatives, successors and assigns (collectively, the "indemnified party") from and against all claims, demands, liabilities, suits, actions, damages and losses for personal injury, death or property damage, including, without limitation, court costs, investigative fees and attorney's fees, arising out of the indemnifying party's performance under ap this Agreement, except to the extent caused, directly or indirectly, by the acts or omissions of the indemnified party. m North American Midway Entertainment assumes no liability for any damage or personal injury that may be directly or indirectly caused by streets or other - N locations being left open to local traffic or parking during the erection, dismantling or operation of equipment or to trespassers while equipment is not in v operation. N.A.M.E. assumes no liability for reasonable or expected damage to landscape caused by the operation or set-up/tear down and removal of any of tC its heavy equipment. The Village is responsible for this coverage. O The laws of the State of Illinois shall govern the terms and conditions of this Agreement. Any lawsuit or claim filed to enforce the terms and conditions of this U Agreement shall be brought in the Circuit Court of Cook County. In the event of such legal action, North American Midway Entertainment shall be entitled m to recover its attorney's fees and costs incurred. C This agreement is subject to strikes, suspension of electrical service, failure of transportation facilities, Government decrees, fire, floods, wrecks, tornadoes, war, riots, public demonstrations, or other good and sufficient reasons beyond the control of either party hereto. t There is no other contract or promise express or implied, written or verbal, other than this agreement for a combination of rides, shows and concessions. Any amendments or changes to this agreement shall be void unless reduced to writing and signed by the parties hereto. The Village agrees to keep this contract and Q its terms strictly confidential unless granted written permission by North American Midway Entertainment, unless as it pertains to a FOI request under law, in which case the Village will give N.A.M.E. reasonable advance notice of its disclosure. 2 of 3 "Nap> 1 h /`Jmcrk,, an %J idwav D ntco•tl a hinivnt. JJt10 vvom, I"i i VlladInaan D'sI,kta°�;, Il➢ fr6)Ilfi Packet Pg. 34 8.A.b y � rbry� R"!]�� AmER]Ul�`Jl M�IhDWU �I 1! tullll�� IIY E N T E R T A I N M E N T The Village agrees to use its influence to keep all other attractions of this nature from exhibiting on or in the vicinity of Buffalo Grove, IL until after termination of this agreement. Both parties agree to work together to make this event a success. The Village and/or sponsoring organization and its members further agree not to change its legal identity and/or authority for the purpose of seeking a release from or otherwise compromising its obligations under this contract. PRICING AND OTHER TERMS: Regular Ticket Prices for the 2016 season: 1 coupon $1.25; 22 coupons $25.00; 55 coupons $60.00 Rides accept 2 — 4 coupons. Future years are subject to change at N.A.M.E.'s discretion. N.A.M.E. will give the Village at least 60 days advance notice of any such change. Ride Specials: Pay One Price Promotions (Unlimited Rides) will be held on Thursday, Saturday & Monday. N.A.M.E. may provide for Pre -Sale discounted coupon sheets each year to be sold to the public no later than August 1 and completed by Wed prior to opening. N.A.M.E. will provide a `stand alone' ATM unit on the midway N.A.M.E. will provide midway services for BG Days Disability Program (not open to the public) on Labor Day morning. N.A.M.E. will provide not more than 40 Pay One Price (Unlimited Rides) complimentary wristbands to the Village for their volunteers for use with immediate family, when requested. IN WITNESS WHEREOF, we set our hands and seals in good faith this 7th day of December, 2015. BY: BY: 3 of 3 The Village, Title BY: North American Midway Entertainment The Village, Title Thomas Thebault; Gen. Manager (Astro) Sign all copies and return original to the address listed below or via email. VOID IF NOT RETURNED AND RECEIVED BY: ASAP PLEASE (This contract is in full force and effect only when confirmed by North American Midway Entertainment) .y'Orl h /`mark,, an %fldwav D ntco•tl a himmvnt. JJ�o0 vvom, 0l hflVInaairi D'sI,kta°�;, Il➢ fr6)Ilfi Packet Pg. 35 8.B Ordinance No. 0-2015-65 : An Ordinance Amending Chapter 5.20, Liquor Controls - Outback Steakhouse of Florida, 720 Lake Cook Road ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Recommendation of Action Staff recommends approval. SUMMARY: Outback Steakhouse has recently closed their Buffalo Grove location. As a result, the Class A liquor license is hereby rescinded. ATTACHMENTS: • Outback Steakhouse (Class A), 720 Lake Cook Rd - Rescinded 11-23-15 (DOCX) Trustee Liaison Village President Sussman Monday, December 7, 2015 Staff Contact Chris Stilling, Building & Zoning Updated: 12/3/2015 11:18 AM Page 1 Packet Pg. 36 8.B.a Underlined = addition Strip = deletion 11/23/2015 ORDINANCE NO.2015 - AN ORDINANCE AMENDING CHAPTER 5.20 LIQUOR CONTROLS WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970. 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: Section 1. Subsection A. of Section 5.20.072 of the Village of Buffalo Grove Municipal Code is hereby amended as follows: 5.20.072 Licenses authorized. A. Class A. Licensee and d/b/a 1. Luma ,LLC d/b/a Lou Malnati's 2. Select Restaurants, Inc. d/b/a Countyline Tavern 3. Rack `Em Up Chicago, Inc. 4. The Schwaben Center Address 85 South Buffalo Grove Road 800 Lake -Cook Road 312 McHenry Road 301 Weiland Road 5. Sushi Grove, Inc. 154-158 McHenry Road A f Fl Av; a �17(i„ JBM Hospitality, LLC d/b/a Village Bar & Grill 8.,2,, Midas Banquets, Inc. d/b/a Astoria Banquets Q �6',, Progressive Management Services, LLC ..w"'L Chef Adam, Inc. d/b/a The Grove Banquets and Catering I I. V liw.... La Minita, Inc. d/b/a Mi Mexico Mexican Restaurant � .". V L Prairie House Tavern LLC n 2, K1 Speed, Inc. 1 48 Raupp Boulevard 1375 W. Dundee Road 401 Half Day Road 301 Weiland Road 220 N. Milwaukee Avenue 2710 Main Street 301 Hastings Lane Packet Pg. 37 8.B.a �. V SHK, USA, Inc. d/b/a Kum Kang San 1329 W. Dundee Road U Leiserv, LLC d/b/a Brunswick's Buffalo Grove 350 McHenry Road V ` . Legas, Inc. d/b/a Rivaj Indian Cuisine 1034 Weiland Road V 6, Rito's Mexican Grille and Cantina, Inc. 86 W. Dundee Road 8q', . Auro Caf6, LLC d/b/a India House Restaurant 228 McHenry Road Section 2. A. The Class A liquor license for Outback Steakhouse of Florida d/b/a Outback Steakhouse located at 720 Lake Cook Road is hereby rescinded. Outback Steakhouse is no longer in business at this location. B. This Section 2 shall not be codified. Section 3. This Ordinance shall be in full force and in effect from and after its passage and approval. AYES: NAYS: ABSENT: PASSED: , 2015 APPROVED: ATTEST: Janet M. Sirabian, Village Clerk 2015 Beverly Sussman, Village President 2 Packet Pg. 38 8.0 Action Item : Award of Bid Custodial Services ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: Based on the review of the bids, reference checks, and interviews, staff recommends that the Village Board award the bid for custodial services to the third lowest bidder, GSF-USA, for a cost not to exceed $90,777.00 as further detailed in the attached memo. ATTACHMENTS: • Custodial Memo (DOCX) • Custodial 2015 BIDTAB (PDF) • 2015 Custodial (PDF) Trustee Liaison Trustee Stein Monday, December 7, 2015 Staff Contact Brett Robinson, Finance Updated: 12/3/2015 11:22 AM Page 1 Packet Pg. 39 8.C.a 1,1 F �13UFFALO GROVE DATE: November 20, 2015 TO: Dane Bragg, Village Manager FROM: Brett Robinson, Purchasing Manager RE: Custodial Services Background Information Is Staff released bids for Custodial Services on September 11, 2015. A walkthrough of all facilities was held on September 29, 2015 for all interested parties. Bids were opened and read aloud on October 20, 201S. Of the eight bids received, staff sought reference checks on the lowest four bidders and based upon those reference checks staff then interviewed three potential service providers. Staff checked on the references for Crystal Maintenance the lowest bidder. The comments solicited from listed references were generally positive. This company has provided service to Buffalo Grove in the past and comments were generally negative in regards to their performance at our facilities. The feedback from other customers included comments such as service was acceptable with some need to follow up. During the Interview process the on -site supervisor's responses were minimal and generally found to be lacking in substance. Staff checked on the references for ECO Clean. The comments were generally positive. The feedback from other customers included comments such as service was decent with an occasional need to follow up and they to would consider rehiring ECO clean again. During the interview process the on -site supervisor was engaged but (Y)T.- it was mentioned that the supervisor would only be on -site one day of the week. Staff was also concerned by O the fact that ECO Clean was the only bidder who did not follow bid instructions in providing the costs for the £ day porter option. 5 Staff checked on the references for GSF-USA. The comments were generally positive. The feedback from other customers included comments such as service was good with little need to follow up and they would certainly consider rehiring GSF-USA a second time. GSF-USA has also provided service to the Village of Buffalo Grove in the past and comments received from staff were generally positive. The on -site supervisor for GSF-USA was engaged in the interview process and is to be on -site at our facilities 30+ hours per week. Recommendation All three companies had experience in providing day porter service, however due to the costs associated with that service staff will recommend at this time not to take that option as part of the contract. Based on the review of the bids, reference checks, and interviews, staff recommends the Village Board award the bid for custodial services to the third lowest bidder, GSF-USA, for a cost not to exceed $90,777.00. Staff will monitor the response and quality of service for the first year. Extension of the contract will be based on the performance of the contractor during this period. Staff will provide the Village Board with an evaluation of the contractor's performance and a recommendation at the end of this contract period for the optional contract extensions. 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O O M M fR O O W OJ N fR O M OJ N f2 O O M V V3 O V O W M fH O O m fA O O W V3 O O W N N M M A m f9 H3 (O Ln Ir r m H3 M r M M O N Efl M r M M O N Efl ':D'r`: N N O N y c O � -o O � O CD R N LU N C7 w .� m _ o ❑ o 0 0 o FO m O U u U m U ❑ . m ° m a m T m T m T W a m m m a o 0 o n o .o°-. a t t Y LL H m m fn in U Q LL m LL 2 2 LL } LL 0 m c F N M N uauayoe;;d 0) a <.i a 8.C.c Village of Buffalo Grove 2015 Custodial Services Bid and Contract Documents Prepared by Finance Department 9/8/2015 Packet Pg. 42 8.C.c TABLE OF CONTENTS INvir/o ION TO BID..................................................................................................................................................................................................................2 INS ➢" uci IONS 10 BIDDIF.RS.......... ....................................... ................................................ ............................... ................................. ................................�d IINS muci IONS 10 BIDDERS (cont.) 1:1UBLIQ: COIF..I.. RAC ..u..S1ATE EINrs..........................................................................................................................................................................6 SC[ ..IEII Ull..E 01F: PRICES—...... .......................... ..................................................... .. ................. --- ......................................................... ----_7 IBIDSECURITY .......................................................................................................................................................................................................7 1.31D SPIF:CIFIICATIIONS................................... ................................................................................. ---- ........................................................... .......��D GENERAL CQ NDI I IONSOF: 1..I....IE CONI RAC r........................................................................................................................................17 I::)II:I::gp:::OR: MAI` CE AND PAYMII:°.N..I' BOND...................................................................................................................................................................................24 CONrI" AC1........................................................................................................................................................................................................................................26 APPENDIXA.. ............................................................................... ..................................... ........................ ---- .............................................. .......31 APPENDIX113..................................................................................................................................................................................34 1BulldingFloor Mans........................................................................................................................................................... .....................34 APPENDIXC..... ............................... ....................... -- .................................... ........................................................ -- .................................... ........................ 43 UsPingof Custodial ...........................................................................................................................................4 11 Packet Pg. 43 8.C.c INVITATION TO BID CUSTODIAL SERVICES 2015 RECEIPT OF BIDS Sealed bids for the Village of Buffalo Grove Custodial Services 201S 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 Tuesday, October 20, 201S. Bids will be publically opened and read aloud. Each Bidder shall be required to submit one original digital copy (PDF Format) and one paper copy of their respective bid in a sealed envelope or box. Sealed envelopes or packages containing bids shall be marked or endorsed: Bid for Village of Buffalo Grove, Illinois Custodial Services 2015 MANDITORY WALKTHROUGH co M All bidders are required to visit each building described in Appendices. Village staff will conduct a walk through of each facility on Wednesday, September 29, 2015, at 9:30 AM. The walk through will begin at the Village Board room in Village Hall at 50 Raupp Boulevard, Buffalo Grove, Illinois. V Ln 0 N GENERAL DESCRIPTION OF WORK s v The following invitation for bid involves providing custodial services to Village owned facilities in the Village of Buffalo Grove. For information on how to receive a copy of the Bid Package contact the Office of the Village Clerk at 847-459- 2500 or visit the Village of Buffalo Grove procurement websites at www.vbg.org or http://www.publicpurchase.com/gems/buffalogrove,il/buyer/public/home N cC Q Packet Pg. 44 8.C.c HOLDING OF BIDS No Bid shall be withdrawn after Tuesday, October 20, 2015 at 10:00 AM without the consent of the Village, for a period of seventy five calendar (75) days. QUALIFICATION OF BIDDERS It is the intention of the Village to award a contract only to the Bidder 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 Bidder to perform the work, and the Bidder 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 Bid if the evidence submitted by, or investigation of such Bidder fails to satisfy the Village that such Bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional Bids will not be accepted. BID QUESTIONS All comments or concerns regarding this Bid shall be addressed to the Village of Buffalo Grove Purchasing Manager via email at BGfinance@vbg.org. This will allow for responses to go to all Bidders in the event that the question has a pertinent relevance to all those involved. All such questions must be posed no later than one week before the bids are due. AWARD OF CONTRACT The Village reserves the right to accept the Bidder's Proposal that is, in their judgment, the best and most favorable to the interests of the municipality and the public; to reject the low Price Proposal; to accept any item in the Bidder's Proposal or a portion thereof; to reject, and any all Bidder's Proposals; to accept and incorporate corrections, clarifications or modifications following the opening of the Bidder's Proposals when to do so would not, in Municipalities opinion, prejudice the bidding procurement process or create any improper advantage to any Bidder; and to waive irregularities and informalities in the bidding process or in any Bidder's Proposal submitted; provided, however, that the waiver of any prior defect or informality shall not be considered a waiver of any future or similar defects or informalities, and Bidder should not rely upon, or anticipate, such waivers in submitting the Bidder's Proposals. The enforcement of this Reservation of Rights by one or more of the municipalities shall not be considered an alteration of the bids. Packet Pg. 45 8.C.c INSTRUCTIONS TO BIDDERS 1. All bidders are required to visit each building described in Appendices. Village staff will conduct a walk through of each facility on Wednesday, , September 29, 2015, at 9:30 AM. The walk through will begin at the Village Board room in Village Hall at 50 Raupp Boulevard, Buffalo Grove, Illinois. 2. Bid to be made on Schedule of Prices form which is included in the Contract Documents. 3. Bid documents must be accompanied by an acceptable bid bond. 4. Public Contract Statements must be signed and submitted with the bid documents. S. Bidders shall at the time of making its Bid, and as part of its Bid, 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 Bidder's Bid, or in a subsequent written statement to the Village. Bidder shall not under any circumstances be relieved of its liabilities and obligations. All transactions of the Village shall be with the Bidder. Subcontractors shall be recognized only in such capacity. The Village reserves the right to accept the Bidder's Proposal that is, in their judgment, the best and most 3 favorable to the interests of the municipality and the public; to reject the low Price Proposal; to accept Q any item in the Bidder's Proposal or a portion thereof; to reject, and any all Bidder's Proposals; to accept and incorporate corrections, clarifications or modifications following the opening of the Bidder's M Proposals when to do so would not, in Municipalities opinion, prejudice the bidding procurement process .. or create any improper advantage to any Bidder; and to waive irregularities and informalities in the 0 bidding process or in any Bidder's Proposal submitted; provided, however, that the waiver of any prior o defect or informality shall not be considered a waiver of any future or similar defects or informalities, and � Bidder should not rely upon, or anticipate, such waivers in submitting the Bidder's Proposals. The V enforcement of this Reservation of Rights by one or more of the municipalities shall not be considered an Ln c alteration of the bids. N 8. The bid security of the two (2) lowest formal bidders for the Contract will be held until the contract is executed and approved and then returned to these bidders. The balance of the bid securities submitted will be returned within ten (10) calendar days after the opening of bids. All bidders are prohibited from making any contact with the Village President, Trustees, or any other official or employee of the Village (collectively, "Municipal Personnel") with regard to the Project, other than in the manner and to the person(s) designated herein. The of Buffalo Grove Village Manager reserves the right to disqualify any bidder that is found to have contacted Municipal Personnel in any manner with regard to the Project. Additionally, if the Buffalo Grove Village Manager determines that the contact with Municipal Personnel was in violation of any provision of 720 ILCS 5/33E, the matter will be turned over to the State's Attorney for review and prosecution. 10. Any bidder may be required by the Village to submit additional data to satisfy the Village that such bidder is prepared to fulfill the Contract, if it is awarded to them. Packet Pg. 46 8.C.c INSTRUCTIONS TO BIDDERS (CONT.) 11. Bidders shall inform themselves of all the conditions under which the work is to be performed concerning the sites of the work, the structure of the ground, the obstacles which may be encountered, and all other relevant matters concerning the work to be performed. 12. The Contractor to whom a contract is awarded will not be allowed any extra compensation by reason of any matters or things concerning which the Contractor did not inform itself prior to bidding. The successful Contractor 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. co Cl) n Packet Pg. 47 8.C.c 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/BIDDER 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 bidder/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 bidding. 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 (bid 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, 20 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/Bidder/Supplier Signature Title Subscribed and Sworn to before me this day of 2015. Notary Public Notary Expiration Date Packet Pg. 48 8.C.c SCHEDULE OF PRICES Custodial Services 2015 TO: THE VILLAGE OF BUFFALO GROVE, ILLINOIS IIII If01e ON1061a:110101:1IN MAIN BUSINESS ADDRESS: PLACE OF BUSINESS: The undersigned, declares that it has carefully examined the location of 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 Bid is accepted, that it will contract with the Village, in the form of the Contract attached, to complete the Work titled "CUSTODIAL SERVICES 2015", and that it will take in full payment therefore the sums set forth in the following Schedule of Prices. If this bid is accepted, and the undersigned fails to contract as aforesaid and to give the Bond for Faithful Performance required by the Special Conditions of the Contract and by law, and to provide all insurance as required by the Contract Documents within fifteen (15) calendar days after the date of the award of the Contract, the Village, at its option, may determine that the bidder has abandoned this Bid, and thereupon this Bid and the acceptance thereof shall be null and void, and such security accompanying this Bid shall be forfeited and shall be the property of the Village of Buffalo Grove not as penalty, but as liquidated damages. If awarded a contract under this Bid, the undersigned proposes to commence work at the site within fifteen (15) calendar days after the effective date of the award of the Contract or issuance of a Purchase Order. BID SECURITY Accompanying this Bid is a in the amount of Dollars Note: (a) Insert the words "Bank Draft", "Cashier's Check", "Certified Check" or "Bid Bond", as the case may be. (b) Amount must be equal to at least five percent (5%) of the Total Base Bid. M 0 U) V Ln 0 N C d s U 0 a Packet Pg. 49 8.C.c SCHEDULE OF PRICES Item Village of Buffalo Grove Extended Price No. Monthly Unit Price Custodial Service Locations (12 months) 1. Arboretum Golf Club 401 Half Day Rd. $ $ 2. Fire Administration 1051 Highland Grove Dr. $ $ 3. Buffalo Grove Golf Club 48 Raupp Blvd. $ $ 4. Pace Bus Facility 801 Commerce Ct. $ $ 5. Metra Train Station 825 Commerce Ct. $ $ 6. Metra Warming Shelters 825 Commerce Ct. $ $ 7. Public Service Center 51 Raupp Blvd. $ $ J 8. Village Hall 50 Raupp Blvd. $ $ J 9. Youth Center 50 % Raupp Blvd. $ $ 10. Police Headquarters 46 Raupp Blvd. $ $ J 11. Optional Day Porter $ $ 12. Buffalo Grove Days Festival $ 2016 Total $ 2nd year contract option - the unit prices 2017 Total $ above shall be adjusted by _._ percent 3rd year contract option - the unit prices 2018 Total $ above shall be adjusted by_.__ percent 4th year contract option - the unit prices 2019 Total $ above shall be adjusted by .__ percent 5th year contract option - the unit prices 2020 Total $ above shall be adjusted by .__ percent 3 Q co Cl) n 0 N V 0 N c d E s U cC Q Packet Pg. 50 8.C.c SUBCONTRACTOR LISTING Bidder, 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 1. CLASS OF WORK 2. 0 N 7 3. V m w 0 L 4. 3 Q co Cl) ACKNOWLEDGEMENT OF ADDENDA 20 Acknowledgement of receipt of Addenda(s) _(list each addendum number) c U) Attach each signed addendum, if any, to the bid packet as part of your submittal. U Ln CONTRACTOR SIGNATURE and CONTACT INFORMATION N Date Phone Q Legal Entity E-mail (Sign here) (Print Name) Packet Pg. 51 8.C.c VILLAGE OF BUFFALO GROVE CUSTODIAL SERVICES PROGRAM BID SPECIFICATIONS A. GENERAL INSTRUCTIONS OBJECTIVE: The Village seeks to provide for a safe and clean working environment for employees of the Village and residents conducting business at Village facilities. SCOPE OF WORK: Contractor will supply all labor, material, equipment and supplies (except paper products, trash liners, and hand soap to be supplied by the Village) to perform the daily, weekly, monthly, and Biannual cleaning of each facility as listed in Appendix C. Work will be performed according to the schedule of assigned tasks developed by the Village for each facility. These schedules were designed to provide the same level and quality of service we had achieved with our in-house custodial program. All supplies to be stored in Village facilities must be accompanied with Material Safety Data Sheets. SCHEDULE: All Work will be performed between 10:00 P.M. and 7:00 A.M. Service at the Pace Bus Facility, Metra Train Station, Metra Warming Shelters, Village Hall, Youth Center, Public Service Center and Fire Administration will be performed (5) days per week, Monday through Friday The Village will not require cleaning services on Holidays and dates observed by the Village for the following locations Pace Bus Facility, Metra Train Station, Metra Warming Shelters, Village Hall, Youth Center, Public Service Center and Fire Administration. The Village will provide all such dates on an annual basis. Service at the Police Headquarters and Arboretum Golf Clubhouse will be performed (7) days per week (365) days per year Stripping and waxing of tile floors and shampooing of carpets and furniture, and window cleaning will be scheduled so as not to disturb or hinder daily activities. BUFFALO GROVE DAYS EVENT: Buffalo Grove Days is an annual festival. The Contractor should be prepared to supply sufficient staffing to provide service listed in Appendix C. Past providers have estimated a total of 125 man-hours are minimally required to provide service for the duration of the event. Packet Pg. 52 8.C.c B. STAFFING SUPERVISOR Contractor will provide on -site supervision at all times and report quality control inspections weekly to the Village. The Contractor will supply the Village with the name, office telephone number, cell phone number and email address and/or fax number of a contact person. The Contractor's Supervisor shall meet with the Village Facilities representative weekly and shall attend the facilities Monthly Meeting (held every month or as needed) The Supervisor shall be authorized to accept and act upon all directives issued by the Village. Failure of the Supervisor to act on said directives shall be sufficient cause for the Village to give notice that the Contractor is in default of the Contract unless such directives would create potential personal injury or safety hazards or such directives are contrary to the intent of these specifications. The Supervisor shall be responsible for the instruction, safety and training of Contractors personnel in the proper work methods and procedures. The Supervisor will schedule and coordinate all services and functions as required by the Contract and as specified in the task schedules (Appendix C.). The Supervisor is required to check and verify Contract compliance (Quality Control) before work crews leave each facility. Award of the contract is contingent upon acceptable interview and approval by the Village of the proposed Supervisor. The Contractor shall not substitute the proposed supervisor with other staff members once the Village has approved the proposed supervisor without prior written approval from the Village of Buffalo Grove Facilities Manager. In the event the Contractor substitutes the proposed supervisor or moves the supervisor to another account within one year of the execution of the contract, the Contractor shall pay M the Village damages equal to three (3) month of service costs. M MONTHLY REVIEW M 0 U) The Village shall schedule and review contract performance with the Contractor typically on a monthly L) basis. The Contractor's Supervisor, Manager or President shall attend. Performance issues shall be submitted to the Contractor in writing or via e-mail for resolution within a time period approved N by the Village. E COMMUNICATION ca The Village will have authorized personnel monitor the contractual cleaning services. It is mandatory that Q Village personnel be able to communicate verbally, in writing and via e-mail with a Supervisor of the crew(s), and reasonable complaints and concerns be addressed within twenty four (24) hours when brought to the Supervisor's attention. M Packet Pg. 53 8.C.c PERSONNEL The Village reserves the right to perform background checks on all Contractor employees including its subcontractors. Prior to commencing work, the Contractor shall submit to the Facilities Manager or designee, the names, home addresses, date of birth, social security numbers, immigration documents (if applicable), and driver's license numbers of all employees to be engaged in work specified herein or having access to the buildings in an inspecting or supervisory capacity and the Contractor shall cause to be completed fingerprint charts and personal history statements of all employees. No employees at any time shall commence work until the above listed information has been submitted to and written clearance received from the Facilities Manager. The Contractor shall provide written authorization from prospective employees for the Village to perform the security clearances required. Employees of the Contractor shall be subject to the same standards of pre -employment examinations as regular full-time employees of the Village and shall be held to the same standards of conduct.. The Contractor shall provide Photo ID's, and uniforms with company logo for each employee. No personnel will be able to perform work without first completing the aforementioned security process. (Option Day Porter) The Village of Buffalo Grove at its sole option may require the contractor to supply a Day Porter equaling approximately one-half (1/2) full time equivalent. The Village may not require the contractor to supply a Day Porter at the onset of service, but reserves the right to add the service at a later date. Day Porters are expected to work without direct supervision. Duties of the Day Porter to be provided include, but are not limited to: shoveling sidewalks and spreading ice melt chemicals during snow events occurring during scheduled hours, moving furniture, M performing follow-up to custodial crew tasks, cleaning, policing of the grounds, provide general assistance to Village maintenance staff. Day Porters shall be physically fit, be capable of routinely lifting items in 70 excess of twenty (20) pounds, fluent in both written and spoken conversational English (capable of passing o a written test for competency), self -motivated and capable of working without direct supervision. The V Village Day Porter will generally provide coverage from 8:00 am to 12:00pm Monday through Thursday v7 (excluding holidays) c N C No subcontracting will be permitted for regular and nightly service. Subcontracting will only be permitted a) for specialty services and must be pre -approved by the Village. ca Q is Packet Pg. 54 8.C.c C. MATERIALS AND EQUIPMENT In support of the Contract, the Village will supply the following at no cost to the Contractor for application at the Facilities subject to the Contract: Consumable products for use of building occupants: • Toilet tissue • Roll towels —household use • Roll towels —bathroom use • Toilet seat covers • Facial tissue • Liquid hand cleaner • Barsoap • Feminine napkins • Waste cans liners • Recycling bins liners • Toilet bowl sanitation blocks • Urinal blocks The Village is providing the consumable products noted above, it is the Contractor's responsibility to ensure quantities of supplies are sufficient and available at all times for use by the Village building occupants CONTRACTOR TO FURNISH The Contractor shall provide, at its expense and at no additional cost to the Village, equipment and janitorial supplies required to support the work tasks as specified, with the exception of those 70 items being provided by the Village as itemized above. The janitorial supplies to be provided by c the Contractor, and included in the price to maintain each facility, shall include but not be limited to: V general detergent, furniture polish, stainless steel cleaner, disinfectants, carpet and rug cleaners, Ln floor finishes, treatments and wax, window cleaner, scouring cleanser, pails, mops, brooms, vacuums, N floor scrubbers and sponges. All equipment stored on the Village premises shall be clearly marked with c d the Contractors logo and company name. E s U The Contractor shall make available to the Village samples of the janitorial supplies they propose to use to enable the Village to assess product quality. Environmentally preferable cleaning products shall be used Q wherever practicable. If for any reason the Village objects to the use of a given janitorial product, the Contractor shall discontinue use and find a substitute that is acceptable to the Village. Quality assessment shall be at the sole judgment of the Village, whose decision is final. All products supplied shall meet all applicable federal, state and local standards for product safety. Products and containers shall be properly labeled to meet all applicable standards and regulations regarding safety, toxicity and other standards. Material Safety Data Sheets (MSDS) shall be supplied as required for all affected products at all sites and the Contractor is responsible to keep all MSDS sheets current. 11 Packet Pg. 55 8.C.c D. CLEANING STANDARDS AND WORKMANSHIP It is the intent of these specifications for the Contractor to provide a high level of service in custodial care and maintenance. The following statements indicate the general standards and workmanship to be furnished under the Contract. FLOOR and CARPETS A satisfactory and acceptable floor or carpet will not have dust, streaks, marks or dirt in corners, behind doors or under furniture. All paper clips, staples, etc., shall be picked up. The use of vacuuming equipment and/or treated dust mops will be used to keep the floors clean. Waxed floors will show a "wet look" gloss and shall not be yellowed or show signs of a wax buildup. Carpets shall be cleaned on a regular basis by a Village approved method. Heavy use carpet areas will be cleaned more frequently to maintain a dirt free appearance. "Wet Floor" signs shall be placed in areas cleaned during any occupied facility WET MOPPING Satisfactory and acceptable waxing and polishing will be accomplished through the use of thin coats of evenly layered wax. Floors will be bright and clean under furniture as well as in traveled areas. Wax or polish will not be allowed to dry on wall bases, furniture legs, equipment, etc. Wax shall not be applied over dirt or other loose material. G LASS All glass, mirror or vitreous surfaces will be free from streaks, smears and spots. DUSTING Satisfactory and acceptable dusting will present a surface free from all dust and other loose material. CLEANING is 0 A satisfactory and acceptable clean surface shall be completely free of all loose and adhering dirt or other y foreign material down to the original finish of the surface. A clean surface will appear both physically and C) Ln visually clean, free from streaks or other residue. c N REFINISH (Hard or resilient floor) d A satisfactory and acceptable refinished floor will be completely stripped of all wax to the original s U surface of the floor, resealed with a Village approved product, recoated with a minimum of three 2 (3) coats of an approved wax, each coat allowed to dry and buffed using an appropriate buffing machine. Q RESURFACE (Hard or resilient floor) A satisfactory and acceptable resurfaced floor will be machine scrubbed to remove all surface marks, dirt and blemishes, re -waxed and speed buffed to a "wet look" gloss. Im Packet Pg. 56 8.C.c KITCHEN and LUNCH ROOMS Satisfactory kitchen, coffee service areas and lunch room area cleaning shall be of "restaurant" quality. All fixtures, appliances, chrome and metal work and glass shall be cleaned and polished to a shiny appearance free from streaks, dirt, grease and grime. Sinks shall be free from rings, stains and objectionable odors. Floor, walls, cabinets, tables, chairs and garbage receptacles shall be free from stains, dirt, grime, odors, grease and streaks. Appliances shall be cleaned and sanitized to remain free from objectionable odors. Ovens, microwaves, cook tops, and ranges shall be clean and free from "cooked on" food. Kitchens shall meet all applicable Village Health standards. VACUUMING A satisfactory and acceptable vacuumed surface will be free of all dust, dirt, and loose foreign material, including corners, crevices and other hard to reach areas. REST ROOMS A satisfactory and acceptable rest room cleaning shall be of "hospital" quality. All porcelain fixtures, chrome and metal work, and glass shall be cleaned and polished to a shiny appearance free from streaks, dirt or grime. Bowls, urinals, and sinks shall be free from water stains, rings and biological stains. Floors, walls and partitions shall be clean and free from stains, dirt, grime or streaks. Fixtures shall be sanitized with a Village approved disinfectant. Rest rooms shall be free of objectionable odors. Signs shall be placed for any occupied building when facilities are out of service or any hazardous condition is present. HANDLING of WASTE The Contractor shall ensure that their personnel shall properly dispose of waste, including M recyclable goods, in accordance with the directives of the Village and in receptacles provided by the Village. 70 M 0 GENERAL N V Ln The Contractor shall keep all janitor closets and material stocking areas clean, report any damage 0 or irregularities observed during the course of duties, turn off lights when exiting facilities (as directed) N and check that exterior doors are locked and securely latched when exiting facilities. d E s U ca E. TASK SCHEDULES a The described tasks indicate the estimated amount of work which has to be accomplished to maintain the facilities in an acceptable condition. It may become necessary to accomplish some of the tasks on a more or less frequent basis to achieve the results outlined above (Cleaning Standards and Workmanship).The tasks and frequencies as listed in Appendix C. are generalized in nature and are not intended to be all inclusive. This task schedule shall not limit the responsibility of the Contractor to maintain each facility to the high level of cleanliness and service as more fully defined in the Cleaning Standards and Workmanship paragraph. W, Packet Pg. 57 8.C.c F. FACILITIES (1) Arboretum Golf Club Total 20,000 square feet (2) Fire Administration Total 7,600 square feet (3) Buffalo Grove Golf Club Total 3,600 square feet (4) Pace Bus Facility Total 100 square feet (5) Metra Commuter Station Train Station 1,193 and (6) Warming Shelters West Warming Shelter 400 East Warming Shelter 205 Total 1,798 square feet (7) Public Service Center Upper Level 5,012 Main Level 3,651 Lower Level 3,008 Total 11,671 square feet (8) Village Hall Upper Level 11,316 Lower Level 8,880 Total 18,956 square feet (9) Youth Center/Chamber of Commerce 1,700 square feet (10) Police Headquarters Operations 20,392 Administration 8,252 Total 28,644 square feet Note: All square footage measurements are estimates and do not indicate exact measurements of each facility. Areas of each facility to be cleaned under the contract are shown in color in Appendix B. G. CONTRACT TERM The Village will enter into a one (1) year contract with four (4) possible one (1) year extensions from the date of award. At the end of any contract term, The Village of Buffalo Grove reserves the right to extend this contract for a period of up to sixty (60) calendar days for the purpose of securing a new contract. The Contract may be terminated, in whole or in part, by either party if the other party substantially fails to fulfill its obligations under the Contract through no fault of the terminating party; or the Village may terminate the Contract, in whole or in part, for its convenience. However, no such termination may be effected unless the terminating party gives the other party: (1) not less than thirty (30) calendar days written notice by certified mail of intent to terminate, and (2) an opportunity for a meeting with the terminating party before termination. TRIAL PERIOD In the event the successful Bidder has not in the past performed satisfactory custodial services for the Village, a purchase order will be issued for a trial period of up to three (3) months prior to the award of the contract in order for the Village of Buffalo Grove to evaluate their services. M 0 U) V Ln 0 N c d E s U cC Q Packet Pg. 58 8.C.c 1 2 GENERAL CONDITIONS OF THE CONTRACT Contract Security The Contractor shall furnish a Performance and Payment Bond in an amount at least equal to 100 percent of the aggregate amount of the Contract as security for the faithful performance of the Contract and for the payment of all persons performing labor and furnishing materials in connection with this Contract Performance and Payment Bond and Proof of Insurance coverage must be on file with the Village of Buffalo Grove before work can be started. The Village of Buffalo Grove must be named as "additional insured" on the Contractor's general comprehensive liability policies. 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. 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. M 0 V 0 N c d E s U ca Q Packet Pg. 59 8.C.c 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 M 0 U) V 0 N c d E s U ca Q Packet Pg. 60 8.C.c 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) calendar 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 Park District 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 W M to all of the requirements stated herein. M M Assumption of Liability o N 16, The contractor assumes liability for all injury to or death of any person or persons including Ln employees of the contractor, any subcontractor, any supplier or any other person and assumes liability for N 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. E M U ca Q in Packet Pg. 61 8.C.c 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 Pavments: M M The Contractor further agrees that to the extent that money is due the Contractor by virtue of U) this contract as shall be considered necessary in the judgment of the Village, may be retained by the U 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. N c d L. Patent Fees and Royalties: E s U ca Contractor shall indemnify and hold harmless the Village and anyone directly or indirectly Q 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. MM Packet Pg. 62 8.C.c 3 4. (: R Certificate of Authority and Surety Certificate The Contractor shall furnish the Village with a current Certificate of Authority or Surety Certificate issued by the Illinois Department of Insurance (ID01) for the bonding company that they are using. The Contractor shall also furnish the Village with a current Certificate of Authority issued by the Illinois Department of Insurance (ID01) for the insurance company that they are using. Plans and Specifications The Plans and Specifications and any work shown thereon shall be executed the same as if specifically mentioned herein and should any discrepancy between plans and specifications appear, the ruling of the Public Works Director on the interpretation thereof shall be final and binding. It is the intention of these Plans and Specifications to provide for this improvement 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 Plans and Specifications, and anything omitted that may be interpreted as reasonably necessary to such completion is to be merged in the prices bid for the improvement. Changes If the Public Works Director 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 bid on. The value of the work so added shall be based on the rates and prices named in the Contract, and bid, 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. 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 Public Works Director, 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 bid, and placing it under the category of "Extra Work". M 0 U) V Ln 0 N c d E s U cC Q Packet Pg. 63 8.C.c 7 8 E Notice of Starting Work The Contractor shall notify the Public Works Director 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. Sequence The Public Works Director shall have the power to direct the order and sequence of the work. On any major portion of the work, all accessories shall be set coincident with the main construction. Payment for major portion of the work may be withheld until proper completion of accessories. Supervision The Public Works Director 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. 10. Workers The Contractor shall employ competent staff and shall discharge, at the request of the Public Works Director, 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. 11. Payment Payment will be made pursuant to the Illinois Local Government Prompt Payment Act (50 ILCS 505/1 et seq. ) 12. Termination of Contract The Contract may be terminated, in whole or in part, by either party if the other party substantially fails to fulfill its obligations under the Contract through no fault of the terminating party; or the Village may terminate the Contract, in whole or in part, for its convenience. However, no such termination may be effected unless the terminating party gives the other party: (1) not less than thirty (30) calendar days written notice by certified mail of intent to terminate, and (2) an opportunity for a meeting with the terminating party before termination. 13. Non -Waiver Of Rights No delay or failure by either party to enforce any of the provisions of the contract or to exercise any right therein granted shall be deemed a waiver thereof or limitation in any respect on the right of either party then and thereafter to enforce all provisions of this contract and to exercise any such right. M M 0 c.� Ln 0 N c a) E s U cC Q Packet Pg. 64 8.C.c 14. Accident Notification In the event of accidents of any kind which involve the general public and/or private or public property, the Contractor shall immediately notify the Director of Public Works and shall provide a full accounting of all details of the accident. The Contractor shall furnish the Village with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. 15. Automated Clearing House Payment The Village prefers to pay all vendors via Automated Clearing House payments (ACH). ACH payments will be processed to checking and savings accounts. Appendix A. (ACH Authorization Form) should be completed to enable the Village to process your payment. In addition to the ACH Authorization form, a cancelled check or preprinted deposit slip with your account information will be required to complete the documentation needed and ensure the Village processes the payment properly. After the Bid/RFP award please forward the completed form to apfinance@vbg.org or fax to 847-777-6045. Once payments have been approved and processed an email notification will be sent to the designated email account on your ACH authorization form indicating when the funds were transferred, the amount transferred, and the invoice number that pertains to the payment. M 0 c.� Ln 0 N C d E s U ca Q Packet Pg. 65 8.C.c PERFORMANCE AND PAYMENT BOND Bond Number: KNOW ALL MEN BY THESE PRESENTS, That as Principal, and as Surety, are held and firmly bound unto and just sum of Dollars the full ($ ), lawful money of the UNITED STATES OF AMERICA for the payment of which sum of money well and truly to be made, we bind ourselves, heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents; WHEREAS, The Principal has entered into a certain written Contract, dated this day of , 2015, with the foregoing Contract. for complete, as described in the NOW THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if the said Principal shall in all respects will and truly keep and perform the said Contract, and shall pay all sums of money due or to become due, for any labor, materials, apparatus, fixtures or equipment furnished for the purpose of construction of the work provided in said Contract, and shall remove and replace any defects in workmanship or materials which may be apparent or may develop within a period of one (1) year from the date of final acceptance, then this obligation shall be null and void; otherwise it shall remain in full force and effect. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder of the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. M 0 U) V v7 0 N C d s U ca Q Packet Pg. 66 8.C.c IN WITNESS WHEREOF, we have hereunto set our hands and seal this day of Principal WITNESS: (If Individual or Firm) ATTEST: (If Corporation) Surety ATTEST: (Surety) 2015. (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) M co Cl) n Packet Pg. 67 8.C.c VILLAGE OF BUFFALO GROVE 191110 "I' M1 Il l 2015 CUSTODIAL SERVICES THIS CONTRACT, made this day of , 2015, by and between the VILLAGE OF BUFFALO GROVE (hereinafter called the "Village") a Municipal Corporation acting through its President, and Board of Trustees, and The Company that wins the Bid, hereinafter called the "Contractor." WITNESSETH WHEREAS, the Village has heretofore solicited bids for all the work and improvements and for the doing of all things included within the hereinafter specified improvement, and the Village of Buffalo Grove did award the Contractor a contract for said improvements: NOW THEREFORE, for and in consideration of their mutual promises, covenant undertaking and Contract, the parties hereto do hereby agree as follows: ARTICLE I - WORK TO BE DONE BY THE CONTRACTOR is 0 N 16, Contractor agrees, at its own cost and expense, to do all work and to furnish all the labor, materials, equipment Ln 0 N and other property to do, construct, install, and complete all the works and improvements included, all in full accordance; c d with and in compliance with and as required by the hereinafter specified Plans and Specifications and Contract Documents s U ca for said works and improvements, and to do, at its own cost and expense, all other things required of the Contractor by said Q Contract Documents. 26 Packet Pg. 68 8.C.c 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 Custodial Services Program Bid Specifications 2. The General Conditions of the Contract 3. The Contract 4. The Plans and Specifications 5. Public Contract Statements 6. Schedule of Prices 7. All Bonds, 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 20 M 0 The Contractor agrees to receive and accept the unit price as set forth in the Schedule of Prices as full u V compensation for furnishing all materials and equipment and for doing all the work contemplated and embraced in the Ln 0 N Contract; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or d from any unforeseen difficulties or obstructions which may arise or be encountered in the execution of the work until its s U cC acceptance by the Village, and for all risks of every description connected with the work; also for well and faithfully Q completing the work, and the whole thereof, in the manner and according to and in compliance with the Plans and Contract Documents and the requirements of the Village Public Works Director. Im Packet Pg. 69 8.C.c 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. Bid 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 —CONTRACT TIME Contractor shall and agrees to furnish and deliver to the Village fifteen (15) calendar days after date of award of this contract the Faithful Performance and Payment Bond and the Insurance Certificates and Policies of M Insurance required of him by the provisions of Paragraph 2 of the General Conditions of the Contract, and to do, 70 M 0 prior to starting work, all other things which are required of them by the Contract Documents as a prerequisite of � V Ln starting work. 0 N C ARTICLE VIII s U ca The Village agrees with said Contractor to employ, and does hereby employ, the said Contractor to Q 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 Plans and 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. Packet Pg. 70 8.C.c ARTICLE XI — 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 Q documentation related to the Village required under an Illinois Freedom of Information Act (ILCS 140/1 et. seq.) coo Cl) ("FOIA") request within five (5) calendar 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) N 0 for the Village to defend any and all causes, actions, causes of action, disputes, prosecutions, or conflicts arising V Ln from Contractor's, actual or alleged violation of the FOIA or Contractor's failure to furnish all documentation N related to a request within five (5) calendar days after Village issues notice of a request. d E s U Furthermore, should Contractor request that Village utilize a lawful exemption under FOIA in relation to any FOIA Q 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. M Packet Pg. 71 8.C.c ATTEST: BY TITLE VILLAGE OF BUFFALO GROVE CONTRACT 2015 CUSTODIAL SERVICES CONTRACTOR BY TITLE THE VILLAGE OF BUFFALO GROVE VILLAGE MANAGER RE co M n Packet Pg. 72 8.C.c Accounts Payable Department Phone 847-459-2510 Fax847-777-6045 QUALIFIED VENDOR REGISTRATION Please email, fax or mail completed & signed form along with IRS form W-9 to: Email: E_uiin.ylbg.op.irg Fax: 847-777-6045 or Mail: Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, IL. 60089 Legal Organization Name: _ Doing Business as: Primary Organization Address: City, State ZIP: Sales Contact Name: Sales Contact Phone: Sales Contact Email : Complete this section for new Vendors or account changes Select one: 11 New Vendor FEIN or SSN: Primary business function: Date business was established: Change in ownership in the last 2 years : Y/N Professional registrations: All payments will be made per the Prompt Payment Act (50 ILCS 505/1 et seq). Account Change By submitting this application, you authorize the Village of Buffalo Grove to make inquiries into the client/trade references that you have supplied. The undersigned supplier hereby represents and warrants to the Village of Buffalo Grove as a term and condition of acceptance of future (bid 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 Signature: Date: Name (printed): Title: rt M 0 c.) Ln 0 N C d E s U ca Q Packet Pg. 73 8.C.c Accounts Payable Department Phone 847-459-2510 Fax847-777-6045 AUTHORIZATION FOR ACH DEPOSIT OF VENDOR PAYMENT Please email, fax or mail completed & signed form along with a voided check or voided deposit slip (savings account) to: Email: E_ ui nc.. Ylbg gjp g Fax: 847-777-6045 or Mail: Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, IL. 60089 Check Box if same as page 1 ❑ Payment Address: A/R Contact Name: Contact Email (for ACH notification): Complete this section for new enrollments or for financial institution or account changes Select one: ❑ New Enrollment ❑ Financial institution of Account Change Bank Name: Branch (if applicable): City, State Zip: Transit/Routing Number: Bank Account Number: Account Type (check one): 1-1 Checking Account 1-1 Savings Account I certify that the information above is true and correct, and that I, as a representative for the above name d company, hereby authorize the Village of Buffalo Grove Account Payable to electronically deposit payments to the designated bank account. This authority remains in full force until The Village of Buffalo Grove Accounts Payable receives written notification requesting a change or cancellation. Signature: Date: Name (printed): Title: For Village of Buffalo Grove use only Vendor Number: Date Received: Packet Pg. 74 wow Illinois Department of Revenue Office of Local Government Serv6ces Sales Tax Exemption Section, 3-520 101 W. Jefferson Street Springfield, IL 62702 217 782-8881 January 2, 2015 VILLAGE OF" BUFFALO GROVE SCOTT ANDERSON HNANCE DIR .50 RAUPP BLVD BUFFALO GROVE 11., 60089 Ef I rctive January 1, 2015, we have renewed your governrnental exemption fron-r payment of the Retailer' Occupation Tax, the Service Occupation Tax (both state and k>caO, the Use 'Tax, and the Service Use Tax, as required by Minois law, We have iSSUed the following new tax exerription iden0fication riurntwr. E9998-11,65-07 to VILLAGE OF BUFFALO GROVE 0 F BUFFALO GROVE, IL The terrns and conclitions governing Use of your exeryiption nuniber rernain unchanged. 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SUMMARY: Staff seeks authorization to waive bids and purchase Dell AppAssure software from Paragon Micro for $22,249.99 with a three year license and a purchase of the associated server hardware from Digiliant for $7,970.00 with a three year on site warranty, as further detailed in the attached memo. ATTACHMENTS: • AppAssure Memo (DOCX) Trustee Liaison Trustee Weidenfeld Monday, December 7, 2015 Staff Contact Jenny Maltas, Office of the Village Manager Updated: 12/3/2015 11:39 AM Page 1 Packet P9. 90 8.D.a 1,1 F �13UFFALO GROVE DATE: November 20, 2015 TO: Dane Bragg, Village Manager FROM: Brett Robinson, Purchasing Manager RE: Dell AppAssure Background Information Is The Village currently combines two backup products to accomplish local backup with limited off -site capabilities. While these products allow for solid local backup, neither provide adequate off -site backup, nor the server replication required for Disaster Recovery. Dell AppAssure is a more advanced solution that will consolidate existing backup products, and add features such as replication, a key component of Disaster Recovery. Server Replication allows for servers to be powered -on from a secondary location in the event of a disaster to the Village's primary datacenter. For these reasons, all members of the GovITC (IT Consortium) have selected this solution for their data backup and replication needs. Staff recommends the purchase of Dell AppAssure to replace existing backup products, provide a foundation for Disaster Recovery, and to align with other communities in the IT consortium. It should be noted that the purchases for this project are divided between two vendors. Pricing was sought for the software product from vendors as detailed on the tabulation shown below. Paragon Micro provided the lowest pricing for the software at $22,249 with three years of software maintenance, and Digiliant provided the lowest price for the associated server hardware at $7,970.00 with a three year on -site warranty Recommendation Staff recommends the Village Board approve a waiver of bids and authorize staff to purchase AppAssure software from Paragon Micro for $22,249.99 and required server hardware from Digiliant for $7,970.00. v°' . D'ig�...q!;i Illi�a�'iF�i�.W l e�":°h nlaiogliles rn gii':m°o III. ��ron 1111)l'��, ;�M II`,ul'ig'ii'iarit d nii illlllu ipll°„"istm i i9 hwl Irvi„�p wll „lI' i 2 .drnil119 99 5, 11 .rn i�0 �'�°��.,r ��aas IlI•iam��i�na�aw°+� ��:�i.i��i,gg��.�m�g��..� 8 $ �: �l' ll 1 ��1.III:'i,rv,.��N'��...�m..rnlli l ll� 9 91 .,�:°m.m�:�wm..,�.i��,� ...� !,ll �: .h..,,,��':i..ig,i'°,mg "� 11 9,117 .na rvh�a 0,�i:i0 1111 ^e°i.t i'iIobinsorm Page 1 of 1 Packet Pg. 91 8.E Action Item : Authorization to Execute an Agreement with AT&T for Managed Internet Service ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: Staff recommends the Village Board authorize staff to execute an agreement with AT&T for Managed Internet Service as further detailed in the attached memo pending review and approval of the agreement by the Village Attorney. The cost of this service is $1,152.69 per month for a minimum term of 36 months. ATTACHMENTS: • AT&T Fiber Memo (DOCX) • AT&T MIS (PDF) Trustee Liaison Trustee Weidenfeld Monday, December 7, 2015 Staff Contact Jenny Maltas, Office of the Village Manager Updated: 12/3/2015 12:00 PM Page 1 Packet Pg. 92 8.E.a 1,1 F �13UFFALO GROVE DATE: November 20, 2015 TO: Dane Bragg, Village Manager FROM: Brett Robinson, Purchasing Manager RE: AT&T Business Fiber Connection Background Information Is The Village currently has a single provider of business class internet connection services for use by all Village Departments. In an effort to reduce the current number of connections, provide an alternate path to the internet, create a basic level of redundancy, and to reduce our reliance on a single provider staff seeks to engage the services of AT&T for Managed Internet Service (MIS). Unlike our current provider this agreement provides for Service Level Agreements (SLA) which allow for certain expectations in the services we receive. This new connection is predicted to allow our IT provider to reduce the number of current connections. This proposed service works hand in hand with the Dell AppAssure purchase as the proposed AT&T fiber connection will have greater upload speeds than our current provider allowing for improved off -site data backup capabilities. Staff found only a limited number of providers of this type of service in our area and of those only AT&T was in the price range staff considered reasonable for this type of service. Recommendation Staff recommends the Village Board authorize staff to execute an agreement with AT&T for Managed Internet Service. The cost of this service is $1,152.69 per month for a minimum term of 36 months for a total contract cost of $41,496.84. The cost for FY 2016 would be $12,574.80 and this service has been provided for in the current draft of the budget. M°ett III'Illiuiibh'iisoni Page 1 of 1 Packet Pg. 93 8.E.b i iii i of i f t 1 � f , � I 1 �l J f i Symmetrical and dedicated Internet service with a managed router over fiber Speeds available from 10Mb to 10Gb in two formats: fixed and Hi -Cap Flex Connection monitored by AT&T NOC 24x7x365 36 Month Commitment Fiber Ethernet Internet Circuit with AT&T Provided and Mana ed Cisco Router Location Bandwidth Access Circuit Analog Line Monthly One -Time ,� Bandwidth Charge Total Costs Commitmen', HQ......_ .. .................. .(11Mll:b........ ....50 Mb $1,002.90..... ....$.4.5.00 ...... .... $.1,047.90 $0.00........ HQ..........._.. _...........100 Mb . .. ..100..Mb .. $1,400.90w......_.. $45.00 $1,445.90 $0.00....... *One-time entrance facility conduit charges may apply. Eligibility for waiver is determined by the engineer site visit after contracting. Customer responsible for demarc extension. One-time charges apply for optical handoffs. 1 - Performance, Performance, Performance: AT&T is recognized for being the best in telecommunications by Frost & Sullivan with the 2014 U.S. Business Communication Services Company of the Year Award. 2 - Reliability: AT&T has industry leading service level agreements supporting this service and a very resilient global network with Sonet & Faststar technology to automatically reroute traffic in case of a cut 3 - Dedicated Account Team: AT&T will assign a dedicated Account Manager whose team includes technical resources, escalation managers, and support personnel. Daniel Schneider Client Sales Executive ds319b@att.com 1847.254.8907 Michael Armstrong Proposal Date: 10/6/2015 Applications Sales Consultant II ma6264@att.com 1847.828.0089 Q Packet Pg. 94 8.E.b eSign Fax Cover Sheet Contract Id: 4653414 To: AT&T Automated Fax Handling Service From: FaX: 877-374-4632 or 877-eSignFax Sales Contact Information SCHNEIDER; DANIEL 8477595194 ds319b@us.att.com Total Pages: 4 (Excluding Fax Cover Sheet) Or with Copiers / Scanners w/ email, Send To: esign@att.com To sign via fax: 1. Sign, Title and Date the document where applicable, 2. Fax back documents in the following order: I. eSign Fax Cover Sheet for Contract Id: 4653414 11. All Pages stamped with Contract Id: 4653414 3. If there are additional documents, use the corresponding eSign Fax Cover Sheet(s) as separator(s) and Fax back as in 2.1 and 2.11. (see Picture below) Request Id: 1146852 Contract Id: 4653414 Packet Pg. 95 8.E.b Contract Id: 4653414 06- at&t AT&T MANAGED INTERNET SERVICE PRICING SCHEDULE AT&T MA Reference No. MA1323342UA AT&T PS Contract ID MIS1323343 ........... CustomerCustomer..............-_-...................................................................�.... __.ww �.......w.._ ....... ....... AT&T....._ ��........_.�- �� _._..w.................................,.v.....__ � � __.............._........_,....__......� Village of Buffalo Grove AT&T Corp. Street Address: 50 Raupp Blvd,NA City: Buffalo Grove State/Province : IL Zi Code: 60089 Count United States ................................................. u_.-. w.............................................................................................................................. _.......................-....__.w..........................................................._.w....._._............. .......w�............._................................................ Customer Contact (for notices) AT&T Sales Contact Information and for Contract Notices ........ Primary AT&T Contact .................._._....� N.a..e.,.wwDane Bragg Name: DANIEL SCHNEIDER.w Title: Manager Street Address: 2004 MINER ST Street Address: 50 Raupp Blvd City: DES PLAINES State/Province: IL City: Buffalo Grove Zip Code: 60016 Country: United States State/Province: IL Telephone: 8477595194 Fax: 1231231234 Zip Code: 60089 Email: ds319b@us.att.com Country: United States Sales/Branch Manager: Mike Finnell Telephone: 8474592525 SCVP Name: DAVID PALUMBO Fax: Sales Strata: Retail Sales Region: US-MIDWEST Email: bgfinance@vbg.org UVitlt a_ gu o: Customer Account Number or Master Account Number: 1-RSIL-538 AT&T Corp. One AT&T Way Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email mast att com AT&T Solution Provider or Representative Information (if applicable) ❑ _..............._ .......-----------�.... ___...............__.... .._m.ww _. �w Name1: Company Name: [Agent Street Address: City: State: Zip Code: Country: Telephone: Fax: Email: Agent Code '11111,11111111111111111111This Pricing Schedule is part of the Agreement between AT&T and Customer referenced above. ..._...__............................................................._ � ...M........ Customer _,._.._ .....___....... _... _........................_..............._............................................................... _ _.......................... AT&T Y...!.ts...authorized re ...w.............................................__.._ .M..____..� ... , its authorized repreyentative)..............__........................................ by :.......M.M.M,,,,_..w�w_.vw�............................wwwwwwww,_aaa.._............................................................... ...... ..___........................... ........._.......�.�..........�................. Name: Name: Title: Title: Date: Date AT&T and Customer Confidential Information Page 1 ASAP! Q eCRM ID 1-3UATWCQ PS MIS EXPRESS rp_2014 v06.01.2015 Packet Pg. 96 8.E.b Contract Id: 4653413 at&t MULTI -SERVICE AGREEMENT AT&T MA Reference No. MA1323342UA ...__.............._-_w......._.... _............ Customer _............................_Wwwwwww.....ww................................................................................................................................_..........vw............w...............,,_,m,_._„.,wwww-...v AT&T Vi..ww.......-__---------------_______v .... ......... l_.,,,,_. Lage of Buffalo Grove _,,...... .................... .. rv.. AT&T Corp. Street Address: 50 Raupp Blvd,NA City: Buffalo Grove State/Province : IL Zip Code: 60089 Country: United States Customer Contact (for notices) _ AT&T Contact (for notices __... ,.......... ___ ....... ) Name: Dane Bragg Street Address: 2004 MINER ST Title: Manager City: DES PLAINES State/Province: IL Street Address: 50 Raupp Blvd Zip Code: 60016 Country: United States City: Buffalo Grove State/Province: IL Zip Code: 60089 Country: United States With a copy to: Telephone: 8474592525 AT&T Corp. Fax: One AT&T Way Email: bgfinance@vbg.org Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email heat q": t,r,uorn _.................._._....._._m__m__....mmmmmmummm._ _mm,.M.M.__ ._.��__. This Multi -Service Agreement between the customer named above ("Customer") µ,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,._,,,.w.w,,,,,._._. ,,,,,,,,,......W.......__. �..w._._,,,w._w................................................................................................................................................................. and AT&T Corp. ('AT&T") is effective when signed by both parties. e..resentative........................................................._... _Customerw (by authorized..representative) (y p ) ...w. _ ................................................ .m AT&T .._....__. (y is authorized ep ese tative) By: By: Name: Name: Title: Title: Date: Date: Agreement: I he terms and conditions for the products and services that AT&T provides to Customer under this Agreement ("Services") are found in this document and the following additional documents (collectively, the "Agreement"): (i) Tariffs, Guidebooks and Service Guides found at att.com/service publications; (ii) pricing schedules or other documents attached to or later executed by the parties and referencing this document ("Pricing Schedule"); and (iii) the Acceptable Use Policy ("AUP") found at att.com/aup. AT&T may revise Tariffs, Guidebooks, Service Guides or the AUP (collectively "Service Publications") at any time and may direct Customer to websites other than listed above. The order of priority of the documents that form this Agreement is: the applicable Pricing Schedule or Order, this Multi -Service Agreement, and the applicable Service Publications; provided that, Tariffs will be first in priority in any jurisdiction where applicable law or regulation does not permit contract terms to take precedence over inconsistent Tariff terms. This Agreement continues so long as Services are provided under this Agreement. AT&T and Customer Confidential Information Page 1 of 4 Affiliate Signature: An AT&T or Customer Affiliate may sign a Pricing Schedule in its own name, and such Affiliate contract will be a separate but associated contract incorporating the terms of this Agreement. Customer and AT&T will cause respective Affiliates to comply with any such separate and associated contract. Services: AT&T will either provide or arrange to have its Affiliate provide Services to Customer and its Users (anyone who uses or accesses any Service provided to Customer), subject to the availability and operational limitations of systems, facilities and equipment. Where required, an AT&T Affiliate authorized by the appropriate regulatory authority will be the service provider. Customer may not resell the Services or rebrand the Services for resale to third parties without AT&T's prior written consent. Customer will cause Users to comply with this Agreement and is responsible for their use of any Service unless expressly provided to the contrary in a Service Publication. If a Service is provided over or accesses MSA UA VER III 11/16/2012 eCRM ID 1-3UATWCQ Q ASAPI Packet Pg. 97 8.E.b Contract Id: 4653 14 AT&T MA Reference No. MA1323342UA AT&T PS Contract ID MIS1323343 AT&T MANAGED INTERNET SERVICE PRICING SCHEDULE 1. SERVICES 4. GRANDFATHERING AND WITHDRAWAL Availability of Service Components is subject to grandfathering and withdrawal per the Service Guide. 5. RATES Section I: AT&T Managed Internet Service Table 1: MIS Self— Installation Discount: 100.0 % Undiscounted MIS wl Virtual Router ....... MIS Speed Undiscounted MIS Undiscou„nted MIS wl Ma„Waged Route„rwww _...._.mmmmm_.._..mmm_. me _ w�w�w�w�.............. ...................................................... Ethernet $1,500 $1,500** **Pricing available for MIS speeds of 100 Mbps and below and with electrical interfaces only. Table 2: On -Site Installation Discount: 50.0 % MIS Speed._ ... Undiscounted MIS wl Mana ed Router Ethernet $1.500 AT&T and Customer Confidential Information Page 2 ASAP! PS MIS EXPRESS rp_2014 v06.01.2015 Q eCRM ID 1-3UATWCQ Packet Pg. 98 so 8.E.b Contract Id: 4653414 AT&T MA Reference No. MA1323342UA AT&T PS Contract ID MIS1323343 AT&T MANAGED INTERNET SERVICE PRICING SCHEDULE Table 3: Flat Rate and Flexible Bandwidth Billing Option - Ethernet Available bandwidth levels are subject to qualification at time of each order and may vary for MIS ports/access ordered with or without the Network on Demand option. Bandwidth Discounted Ethernet Access Monthly Fee Minimum Bandwidth Commitment Undiscounted Incremental Usage Fee Per Mbps Undiscounted MIS with Customer Router Monthly Fee Undiscounted MIS with AT&T Managed Router Monthly Fee 2 Mbps $500.00 $260.00 $388.00 $355.00 4 Mbps $500.00 $262.00 $390.00 $325.00 5 Mbps $500.00 $263.00 $391.00 $270.00 8 Mb s $500.00 $266.00 $394.00 $235.00 10 Mbps $500.00 $268.00 $396.00 $198.00 20 Mbps $530.00 $449.00 $577.00 $144.25 50 Mbps $640.00 $813.00 $955.00 $95.50 100 Mbps $810.00 $1,400.00 $1,555.00 $77.75 150 Mbps $810.00 $1,800.00 $1,965.00 $65.50 250 Mbps $1,100.00 $2,150.00 $2„240.00 $44.80 400 Mbps $1,300.00 $2100.00 $3,380.00 $42.25 500 Mbps $1,300.00 $3,500.00 $4,325.00 $43.25 600 Mb s $1,300.00 $4,096.00 $4,840.00 $40.33 1000 Mbps $2,000.00 $4 505.00 $5,620.00 $28.10 Discount: 62.0 % 62.0 % 100.0 Table 3.a: Flat Rate Billing Option - Ethernet (10 Mbps only) Available only for 10 Mbps bandwidth level, subject to qualification. Not available for MIS ports/access with the Network on Demand option, or MIS ports/access with Customer managed router, or MIS ordered with AT&T BVoIP Service. Discounted Ethernet Access Minimum Bandwidth Commitment Undiscounted Undiscounted Bandwidth Monthly Fee MIS with AT&T Managed Router Monthly Fee Incremental Usage Fee Per Mbps 10 Mb s $374.52 $396.00 Not Applicable Discount: 62.0 % Section It: Additional Service Fees _.............. _ _ ...._............... Mov n.9.Fee (during hours _........................_..................... ........_..._.....$.1 0OO permIocation......................... Additional Movin Fee outside standard o eratin hours - 8:00 a.m. to 5:00 .m. Monda throu h Frida Additional $500 er location Section III: AT&T Business in a Box® AT&T Business in a Box® is not available for MIS ports/access ordered with the Network on Demand option. 100.0 % Unit 12 Port Option Y Undiscounted Monthly Service Charge' AT&T and Customer Confidential Information Page 3 ASAP! Q eCRM ID 1-3UATWCQ PS MIS EXPRESS rp_2014 v06.01.2015 Packet Pg. 99 8.E.b Contract Id: 4653414 AT&T MA Reference No. MA1323342UA AT&T PS Contract ID MIS1323343 AT&T MANAGED INTERNET SERVICE PRICING SCHEDULE 8 Port Analog Module Add -On 400 * Pricing also applies to Service locations in Alaska Class Of Service Option - when ordered with AT&T BVoIP Services only Discount: 100% Class of Service Monthly Service Fee 225' # Pricing also applies to Service locations in Alaska This is the last page of the Pricing Document Q AT&T and Customer Confidential Information Page 4 ASAP! eCRM ID 1-3UATWCQ PS MIS EXPRESS rp_2014 v06.01.2015 Packet Pg. 100 8.E.b �I�IrJ�V".Almnwi^�� a eSign Fax Cover Sheet Contract Id: 4653413 To: AT&T Automated Fax Handling Service From: Fax: 877-374-4632 or 877-eSignFax Sales Contact Information SCHNEIDER; DANIEL 8477595194 ds319b@us.att.com Total Pages: 4 (Excluding Fax Cover Sheet) Or with Copiers / Scanners w/ email, Send To: esign@att.com To sign via fax: 1. Sign, Title and Date the document where applicable, 2. Fax back documents in the following order: I. eSign Fax Cover Sheet for Contract Id: 4653413 II. All Pages stamped with Contract Id: 4653413 3. If there are additional documents, use the corresponding eSign Fax Cover Sheet(s) as separator(s) and Fax back as in 2.1 and 2.11. (see Picture below) Request Id: 1146852 Contract Id: 4653413 Packet Pg. 101 8.E.b Contract Id: 4653413 MULTI -SERVICE AGREEMENT the Internet or is a wireless (i.e., cellular) data or messaging Service, Customer, its Affiliates and Users will comply with the AUP. Ordering: If an applicable Service Publication expressly permits placement of an order for a Service under this Multi -Service Agreement without the execution of a Pricing Schedule, Customer may place such an order using AT&T's standard ordering processes (an "Order"), and upon acceptance by AT&T, the Order shall otherwise be deemed a Pricing Schedule under this Multi -Service Agreement for the Service Ordered. Access to Premises: Customer will in a timely manner allow AT&T to access or at Customer's expense obtain timely access to property (other than public property) and to equipment as AT&T reasonably requires for the Services. Access includes information, the right to construct, install, repair, maintain, replace and remove access lines and network facilities and the right to use ancillary equipment space within the building for Customer's connection to AT&T's network. Customer will furnish any conduit, holes, Wreways, wiring, plans, equipment, space, power/utilities and other items AT&T reasonably requires for the Services and will obtain any necessary licenses, permits and consents (including easements and rights -of -way). Hazardous Materials: Customer will ensure that the location where AT&T installs, maintains or provides Services is a suitable and safe working environment, free of any substance or material that poses an unreasonable risk to health, safety or property or whose use, transport, storage, handling, disposal or release is regulated by any law related to pollution, to protection of air, water or soil or to health and safety. If AT&T encounters any such hazardous materials at a Customer location, AT&T may terminate any affected Service or any affected component of a Service ("Service Component") or suspend performance until Customer removes the hazardous materials. Independent Contractor Relationship: Each party is an independent contractor. Neither party controls the other, and neither party nor its Affiliates, employees, agents or contractors are Affiliates, employees, agents or contractors of the other party. License and Other Terms: Software, Purchased Equipment and Third - Party Services may be provided subject to the terms of a separate license or other agreement between Customer and either the licensor, the third - party service provider or the manufacturer. Customer's execution of the Pricing Schedule for or placement of an Order for Software, Purchased Equipment or Third -Party Services is Customer's agreement to comply with such separate agreement. Unless a Service Publication specifies otherwise, AT&T's sole responsibility with respect to Third -Party Services is to place Customer's orders for Third -Party Services, except that AT&T may invoice and collect payment from Customer for the Third -Party Services. Equipment: Services may be provided using certain equipment owned by AT&T that is located at the Site ("AT&T Equipment"), but title to the AT&T Equipment will remain with AT&T. Customer must provide electric power for the AT&T Equipment and keep the AT&T Equipment physically secure and free from liens and encumbrances. Customer will bear the risk of loss or damage (other than ordinary wear and tear) to the AT&T Equipment, The Site is the physical location where AT&T installs or provides a Service. Except as specified in a Service Publication, title to and risk of loss of Purchased Equipment shall pass to Customer on delivery to the transport carrier for shipment to Customer's designated location. AT&T retains a lien and purchase money security interest in each item of Purchased Equipment and Vendor Software until Customer pays all sums due. AT&T is authorized to sign and file a financing statement to perfect such security interest. AT&T and Customer Confidential Information Page 2 of 4 Prices, Pricing Schedule Term and Taxes: The prices listed in a Pricing Schedule are stabilized until the end of the Pricing Schedule Term and will apply in lieu of the corresponding prices set forth in the applicable Service Publication. No promotion, credit, discount or waiver set forth in a Service Publication will apply. Unless the Pricing Schedule states otherwise, at the end of the Pricing Schedule Term, Customer may continue Service (subject to any applicable notice or other requirements in a Service Publication for Customer to discontinue a Service Component) under a month -to -month service arrangement at the prices, terms and conditions in effect on the last day of the Pricing Schedule Term. AT&T may change such prices, terms or conditions on 30 days' prior notice to Customer. Prices in the Pricing Schedules are exclusive of and Customer will pay all taxes, regulatory surcharges, recovery fees, customs clearances, duties, levies, shipping charges and other similar charges relating to the sale, transfer of ownership, installation, license, use or provision of the Services. If required by law to withhold or deduct applicable taxes from payments due to AT&T, Customer must use reasonable commercial efforts to minimize any such taxes and must furnish to AT&T such evidence as may be required by relevant taxing authorities to establish that such tax has been paid so that AT&T may claim any applicable credit. Billing, Payments, Deposits and MARC: Unless a Service Publication specifies otherwise, Customer's obligation to pay for a Service Component begins upon availability of the Service Component to Customer ("Cutover"). Payment is due 30 days after the invoice date (unless another date is specified in an applicable Tariff or Guidebook) and must refer to the invoice number. At Customer's request, but subject to AT&T's consent (which may not be unreasonably withheld or withdrawn), Customer's Affiliates may be invoiced separately, and AT&T will accept payment from such Affiliates. Customer will be responsible for payment if Customer's Affiliates do not pay charges in accordance with this Agreement. Restrictive endorsements or other statements on checks are void. If Customer does not dispute a charge in writing within 6 months after the date of the invoice in which the disputed charge initially appears, Customer waives the right to dispute the charge. AT&T may recover all costs (including attorney fees) of collecting delinquent or dishonored payments and may charge late payment fees (i) for Tariff or Guidebook Services, at the rate specified therein; or (ii) for all other Services at the lower of 1.5% per month (18% per annum) or the maximum rate allowed by law. AT&T may require a deposit as a condition of providing Services, and AT&T may apply such deposit to any charges owed. If a Pricing Schedule includes a MARC and Customer's MARC-Eligible recurring and usage charges after deducting discounts and credits and excluding taxes, regulatory charges and charges for Purchased Equipment in any applicable 12-month period are less than the MARC, Customer will pay the shortfall, and AT&T may withhold contractual credits until Customer pays the shortfall charge. Termination and Suspension: Either party may terminate this Agreement immediately upon notice if the other party becomes insolvent, ceases operations, is the subject of a bankruptcy petition or makes an assignment for the benefit of its creditors. AT&T may terminate or suspend an affected Service or Service Component and, if the activity materially and adversely affects the entire Agreement, terminate or suspend the entire Agreement, immediately upon notice if Customer: (i) commits a fraud upon AT&T; (ii) uses the Service to commit a fraud upon another party; (iii) unlawfully uses the Service; (iv) abuses or misuses AT&T's network or Service; or (v) interferes with another customer's use of AT&T's network or services. /69_10 MSA UA VER III 11/16/2012 eCRM ID 1-3UATWCQ rrk Q Packet Pg. 102 8.E.b Contract Id: 4653413 MULTI -SERVICE AGREEMENT Customer may terminate an affected Service Component for material breach by AT&T if such breach is not cured within 30 days of notice. AT&T may terminate or suspend (and later terminate) an affected Service Component for material breach by Customer if such breach is not cured within 30 days of notice, If Customer fails to rectify a violation of the AUP within 5 days after notice from AT&T, AT&T may suspend or terminate the affected Service Component. AT&T may suspend or terminate immediately if: (i) the suspension or termination is a response to multiple or repeated AUP violations or complaints; (ii) AT&T is acting in response to a court order or governmental notice that certain conduct must be stopped; or (iii) AT&T reasonably determines that: (a) AT&T may be exposed to sanctions, liability, prosecution or other adverse consequences under applicable law if AT&T allows the violation to continue; (b) the violation may harm or interfere with the integrity, normal operations or security of AT&T's network or of networks with which AT&T interconnects or may interfere with another customer's use of AT&T services or the Internet; or (c) the violation presents imminent risk of harm to AT&T, AT&T's customers or its or their respective employees. Termination Charges: If prior to Cutover, Customer terminates a Service Component other than for cause or AT&T terminates a Service Component for cause, Customer (i) will pay any pre-Cutover termination or cancellation charges set out in a Pricing Schedule or Service Publication, or (ii) in the absence of such specified charges, will reimburse AT&T for time and materials, including any third -party charges, incurred prior to the effective date of termination. Thereafter, if Customer terminates a Service or Service Component for Customer's convenience or AT&T terminates a Service or Service Component for cause, Customer must pay: (i) 50% (unless a different amount is specified in the Pricing Schedule) of any unpaid recurring charges for the terminated Service Component attributable to the unexpired portion of an applicable Minimum Payment Period specified in the Pricing Schedule or Service Publication, (ii) if termination occurs before the end of an applicable Minimum Retention Period, any associated credits or waived or unpaid non -recurring charges, and (iii) any access facilities cancellation charges and other third -party charges incurred by AT&T due to the termination. If Customer terminates a Pricing Schedule that has a MARC, Customer must pay an amount equal to 50% of the unsatisfied MARC for the balance of the Pricing Schedule Term. In addition, Customer may terminate an affected Service Component without incurring termination charges if (a) AT&T revises a Service Publication and the revision has a materially adverse impact upon Customer; (b) Customer gives 30 days' notice of termination to AT&T within 90 days of the date of the revision; and (c) AT&T does not remedy the materially adverse impact prior to the effective date of termination. "Materially adverse impacts" do not include changes to non -stabilized pricing, changes required by governmental authority or assessment of, or assessment of or changes to additional charges such as surcharges or taxes. Disclaimer of Warranties and Liability: AT&T MAKES NO EXPRESS OR IMPLIED WARRANTY, DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON -INFRINGEMENT AND DISCLAIMS ANY WARRANTIES ARISING BY USAGE OF TRADE OR BY COURSE OF DEALING. FURTHER, AT&T MAKES NO WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING 911 CALLS) AND AT&T and Customer Confidential Information Page 3 of 4 MAKES NO WARRANTY REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR LOAD BALANCED, THAT AT&T'S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER'S DATA AND INFORMATION OR THAT SERVICES WILL BE UNINTERRUPTED OR ERROR -FREE. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES RELATING TO: INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, DATA, EQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR OTHERS; SERVICE DEFECTS, SERVICE LEVELS, DELAYS, SERVICE ERRORS OR INTERRUPTIONS, INCLUDING INTERRUPTIONS OR ERRORS IN ROUTING OR COMPLETING ANY 911 CALLS OR ANY OTHER CALLS OR TRANSMISSIONS (EXCEPT FOR LIABILITY EXPLICITLY SET FORTH HEREIN); LOST OR ALTERED TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF CUSTOMER'S OR OTHERS' APPLICATIONS, CONTENT, DATA, PROGRAMS, INFORMATION, NETWORKS OR SYSTEMS. Limitation of Liability: AT&T'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR DAMAGES ARISING OUT OF AT&T's BREACH OF THIS AGREEMENT AND NOT DISCLAIMED UNDER THIS AGREEMENT SHALL NOT EXCEED THE APPLICABLE CREDITS SPECIFIED IN THE SERVICE PUBLICATION OR, IF NO CREDITS ARE SPECIFIED, AN AMOUNT EQUAL TO THE TOTAL NET CHARGES TO CUSTOMER FOR SERVICE TO WHICH SUCH BREACH RELATES DURING THE PERIOD IN WHICH SUCH BREACH OCCURS AND CONTINUES. IN NO EVENT SHALL ANY OTHER LIABILITY ATTACH TO AT&T. THIS LIMITATION WILL NOT APPLY TO BODILY INJURY, DEATH OR DAMAGE TO REAL OR TANGIBLE PROPERTY DIRECTLY CAUSED BY AT&T'S NEGLIGENCE OR INTENTIONAL MISCONDUCT. ALL SOFTWARE AND PURCHASED EQUIPMENT IS PROVIDED TO CUSTOMER ON AN "AS IS" BASIS. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES. These disclaimers and limitations of liability will apply regardless of the form of action, whether in contract, tort, strict liability or otherwise, of whether damages were foreseeable and of whether a party was advised of the possibility of such damages. These disclaimers and limitations of liability will survive failure of any exclusive remedies provided in this Agreement. Indemnity: Customer agrees at its expense to defend, indemnify and hold harmless AT&T, its Affiliates and its and their employees, directors, subcontractors and suppliers or to pay all damages finally awarded against such parties on account of a third -party claim where: (i) the claim arises from Customer's or a User's use of a Service; or (ii) the claim alleges a breach by Customer, its Affiliates or Users of a Software license agreement. Import/Export Control: Customer and not AT&T is responsible for complying with import and export control laws, conventions and regulations applicable to any equipment, software or technical information that Customer moves or transmits between countries. ARBITRATION: ALL CLAIMS AND DISPUTES ARISING FROM THIS AGREEMENT SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES (SUBJECT TO THE REQUIREMENTS OF THE FEDERAL ARBITRATION ACT). ANY ASAP! MSA UA VER III 11/16/2012 eCRM ID 1-3UATWCQ rrk Q Packet Pg. 103 8.E.b Contract Id: 4653413 MULTI -SERVICE AGREEMENT JUDGMENT ON ANY AWARD RENDERED MAY BE ENTERED AND ENFORCED IN A COURT HAVING JURISDICTION. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO AWARD ANY DAMAGES DISCLAIMED BY THIS AGREEMENT OR IN EXCESS OF THE LIABILITY LIMITATIONS IN THIS AGREEMENT, SHALL NOT HAVE THE AUTHORITY TO ORDER PRE -HEARING DEPOSITIONS OR DOCUMENT DISCOVERY, BUT MAY COMPEL ATTENDANCE OF WITNESSES AND PRODUCTION OF DOCUMENTS AT THE HEARING. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY AND WAIVE ANY RIGHT TO PARTICIPATE IN OR INITIATE CLASS ACTIONS; IF THE PARTIES CANNOT WAIVE THESE RIGHTS, THIS ENTIRE PARAGRAPH IS VOID. General Provisions: This Agreement and any pricing or other proposals are confidential to Customer and AT&T. Neither party may publicly disclose any confidential information of the other party without the prior written consent of the other, unless authorized by applicable law, regulation or court order. Until directed otherwise by Customer in writing, if AT&T designates a dedicated account representative as Customer's primary contact with AT&T, Customer authorizes that representative to discuss and disclose Customer's customer proprietary network information to any employee or agent of Customer without a need for further authentication or authorization. Each party will comply with all applicable laws and regulations and with all applicable orders issued by courts or other governmental bodies of competent jurisdiction. Each party is responsible for complying with the privacy laws applicable to its business. AT&T shall require its personnel, agents and contractors around the world who process Customer Personal Data to protect Customer Personal Data in accordance with the data protection laws and regulations applicable to AT&T's business. If Customer does not want AT&T to comprehend Customer data to which it may have access in performing Services, Customer must encrypt such data so that it will be unintelligible. Customer is responsible for obtaining consent from and giving notice to its Users, employees and agents regarding Customer's and AT&T's collection and use of the User, employee or agent information in connection with a Service. Customer will only make accessible or provide Customer Personal Data to AT&T when it has the legal authority to do so. AT&T may monitor electronic transmissions across its network to maintain compliance with its legal and regulatory obligations and to operate, maintain and enhance the network and Services. Where required by law, AT&T may provide Customer Personal Data to third parties such as courts, law enforcement or regulatory authorities. This Agreement may not be assigned by either party without the prior written consent of the other party, which consent will not be unreasonably withheld or delayed, except that AT&T may: (i) assign in whole or relevant part its rights and obligations under this Agreement to an AT&T Affiliate, or (ii) subcontract work to be performed under this Agreement, but AT&T will in each such case remain financially responsible for the performance of such obligations. Any claim or dispute arising out of this Agreement must be filed within two (2) years after the cause of action arises. This Agreement does not provide any third party (including Users) the right to enforce it or to any remedy, claim, liability, cause of action or other right or privilege. Unless a regulatory agency with jurisdiction over the applicable Service applies a different law, this Agreement will be governed by the law of the State of New York, without regard to its conflict of law principles. The United Nations Convention on Contracts for International Sale of Goods will not apply. AT&T and Customer Confidential Information Page 4 of 4 Except for payment of amounts due, neither party will be liable for any delay, failure in performance, loss or damage due to causes beyond such party's reasonable control, including strikes and labor disputes. Customer must send any notice required or permitted under this Agreement in writing to the AT&T address set forth above. This Agreement constitutes the entire agreement between the parties concerning its subject matter. Except as provided in License and Other Terms, above, this Agreement supersedes all previous agreements, whether written or oral. This Agreement may not be modified or supplemented without a writing signed by authorized representatives of both parties. Definitions: "Affiliate" of a party means any entity that controls, is controlled by or is under common control with such party. "API" means an application program interface used to make a resources request from a remote implementer program. An API may include coding, specifications for routines, data structures, object classes, and protocols used to communicate between programs. "AT&T Software" means software, including APIs, and all associated written and electronic documentation and data owned by AT&T and licensed by AT&T to Customer. AT&T Software does not include software that is not furnished to Customer. "Customer Personal Data" means information that identifies an individual, that Customer directly or indirectly makes accessible to AT&T and that AT&T collects, holds or uses in the course of providing the Services. "Purchased Equipment" means equipment or other tangible products Customer purchases under this Agreement, including any replacements of Purchased Equipment provided to Customer. Purchased Equipment also includes any internal code required to operate such Equipment. Purchased Equipment does not include Software but does include any physical media provided to Customer on which Software is stored. "Software" means AT&T Software and Vendor Software. "Third -Party Service" means a service provided directly to Customer by a third party under a separate agreement between Customer and the third party. "Vendor Software" means software, including APIs, and all associated written and electronic documentation and data AT&T furnishes to Customer, other than AT&T Software. ASAPI Q MSA UA VER III 11/16/2012 eCRM ID 1-3UATWCQ Packet Pg. 104 ,,J,,,AT&T Ove hl`/',1 /I .......... . ................................ . .... .......................... AT&T Service Level Agreements Redefining Perform nce- Driven Service Level Agreements Critical. In today's global business environment that's the word many cornpal use to describe their network. Critical business processes, applications, data, work centers and revenue are all tied to the performanco, and reliability of their network, Maintaining connections to customers, suppliers and even to your own employees has never been more important -to running a successful business. Companies today rely on on-line processes, continuous global access to volatile l compliance with eves -changing regulatory requirements and an infallible defense against a growing variety of threats to security and survivability. AT&T understands, and this is why AT&T is raising the bar and establishing a new standard for Service Level Agreements (SLAB} that encompass our entire suite of Internet -based services, delivering unsurpassed performance rnetrics and challenging the way you traditionally view service provider SLAB, New Standards for SLAB SI-As have long been the way for enterprises -to set performance expectations with -their service provider — though most of you, unfortunately, found them meaningless and driven by the service provider agendas. Today, SLAs share a common purpose to define -the services to be rendered, outline roles and responsibilities of all parties and articulate the consequences and boundaries of unacceptable service performance, And while the core purpose of SLAB has not changed, AT&T AT&T is removing measurement complexity, focusing guarantees on has -taken a significant step to redefine and sirnpllf thern, By creating industry -leading, customer -driven SLA standards, YOU will now view these realistic and nneasuraf.,)le guarantees as a tool to improve their service experience• the elements that really matter — that impact the performance of your network and your applications — and offering considerable credit if service levels are missed. Meaningful guarantees that assure high performance networking. AT&F is removing measurement cornplexity, Focusing guarantees on the elements that really matter — that impact the performance of your network and your applications — and offering considerable credit if service levels are missed. Meaningful guarantees that assure high perfor-rinance networking. Availability and Performance Net.work performance and availability play a considerable role in determining application performance. Applications such as voice and video that are particularly sensitive to network latency and jitter can be rendered virtually useless when the network All FA I 0-iView Ln ),med S� As W/I i10I I Packet Pg. 105 1 � oe6uiLeumi er ne�t Access KF& 1- Latency (Within Region) us. spnu sumpe soms All voms Latencr(aetwren Regions) uS'xp 1155ms xpeMsA a+sm, us.ca/* |soms u.s.canan^ zpm�, Data Delivery (Within Region) U.S. 99.9% sumpe ono% AP 99.8% Data Delivery (aci.wcmRegions) us.svmvc 99,8% us'xp 99.8% uS,cau\ 99.8% us'canau^ 993x Service Availability (cnu-[o-cnu) oo.nvp%(u.c) Provisioning (US.) I sndays Tz 4zuays oc3 azuay, Time n,Repair !9 3 homrNa) experiences delay. Kr&T addresses this by significantly lowering its latency met.hc. For example, on our Internet Access Service, -the latency measure dropped from 60 no to39msinthe U.S..hom15Omsto90msinthe Asia Pacific region and from 150 msto 2�15 mn between the Asia Pacific and EM6A regions.Thcse latency guarantees put us head and shoulders' above the nearest cnmpeLitor: Our overarching mission is -to assure total network availability by creating entcr-prisenetworks that deliver your applications 21x7x365. AT&T takes this pledge a step further than most competitors by commh1inXto service availability onancnd-to-endbasis. |nthe U5,/T&T'sEnd- to'End Service Availability guarantee went Frnm 99.99%to 79.999%. Your applications don't stop in the backbone so why should ynurSL4? If ),our ncAwork does goclown, the dmchtakes torest-ore avoUabi|hy is crucial, Because when your network is down, it's down, Tbbetter address your issue, AT&T ischanging the mrtr�c'sfocus hnmtheMeanTimcTbRcpaV1o1hc actual 'Timc-to Rmp&�' By doing soAT&T will deliver an abro|utctimc commitment for each specific outage, rather -than everyone. c|sc's"Mean TimctoRcpair lhese gainsare the result ofsustained network investments inAT&T ConceFA of One and Concept of Zero initiatives -to streamline procesoesandpnnvdesystern enhancements. Now Back It Up Our plan -to challenge -the way you view SVoisn't focused solely on improved performance metro—binc|udcs cstabUshingtrust and confidence that only comcshnm backing the metrics with meaningful financial credits, And 4J&Thas delivered by creating credits based on realistic thresholds — all built onclearly defined and measurable tcnns For example, ifyou experience more than | minute of outage on an Internet -based service you will be compensated a full days' credit. Thc closest, competitor- only offers a one --hour credit for an outagc of more -than |O minuto, which is based on 100% availability guarantee, It's nowonder you don't have confidence or -trust inservice provider SL4s. � experiences delay. Kr&T addresses this by significantly lowering its latency met.hc. For example, on our Internet Access Service, -the latency measure dropped from 60 no to39msinthe U.S..hom15Omsto90msinthe Asia Pacific region and from 150 msto 2�15 mn between the Asia Pacific and EM6A regions.Thcse latency guarantees put us head and shoulders' above the nearest cnmpeLitor: Our overarching mission is -to assure total network availability by creating entcr-prisenetworks that deliver your applications 21x7x365. AT&T takes this pledge a step further than most competitors by commh1inXto service availability onancnd-to-endbasis. |nthe U5,/T&T'sEnd- to'End Service Availability guarantee went Frnm 99.99%to 79.999%. Your applications don't stop in the backbone so why should ynurSL4? If ),our ncAwork does goclown, the dmchtakes torest-ore avoUabi|hy is crucial, Because when your network is down, it's down, Tbbetter address your issue, AT&T ischanging the mrtr�c'sfocus hnmtheMeanTimcTbRcpaV1o1hc actual 'Timc-to Rmp&�' By doing soAT&T will deliver an abro|utctimc commitment for each specific outage, rather -than everyone. c|sc's"Mean TimctoRcpair lhese gainsare the result ofsustained network investments inAT&T ConceFA of One and Concept of Zero initiatives -to streamline procesoesandpnnvdesystern enhancements. Now Back It Up Our plan -to challenge -the way you view SVoisn't focused solely on improved performance metro—binc|udcs cstabUshingtrust and confidence that only comcshnm backing the metrics with meaningful financial credits, And 4J&Thas delivered by creating credits based on realistic thresholds — all built onclearly defined and measurable tcnns For example, ifyou experience more than | minute of outage on an Internet -based service you will be compensated a full days' credit. Thc closest, competitor- only offers a one --hour credit for an outagc of more -than |O minuto, which is based on 100% availability guarantee, It's nowonder you don't have confidence or -trust inservice provider SL4s. � � Also, AT&T customers using Internet Protect will receive one free month of Internet Protect service if they notify us of DnnialofScrvcc(DOS)attackbcforcwedo,|nothcrwmrds,AT&TwiUnndfyynuofaDOSattakbefoncyouevenknow about it, in addition to providing you with aD{}S rencdiadon plan. By comparison, one, n[our major competitors statcsthat they will respond toacustomer report ofaDOS attack "AT&T is n:o/ly raising the bar with these SLAs This is o in|5minutes — though itdoesn't say what. action will comprehensive and aggressive move tnchallenge the induat,y^a come from their response —ifthey don1.the customer traditional methods ofmeasuring performance inoway that b receives only one free day of service. Analysts agree that meaningful to customers and meeting their business nbjerdvco." AT&T istaking the lead on SLAs as well. "AT&T is nca||y --Kate Oen*ig, Current Analysis raising the bar with -these SLAs,This isacomprehensivc and aggressive rnove to challenge -the industry's traditional methods of measuring performance in a way that is meaningful to customeoandmectingtheirbusinesobjectiwes,''saidNatrGepwig.Principal Analyst for Business Network Services atCurrent Analysis, ''hvviUbchanderfhrcompatitomtobcvaQueabouttheirlL4commltmentswhenAT&Tsareuutthereinbo|dprint." The tools and standards used to measure SLAs are important for you to validate the performance of your network, AT&T utilizes systems and tools -that offer customers easy access to the information as well as delivering sitadsdcdlyvalid. |ETF industry standard compliant (RFC 2330, 3132) measurements. Our' public Internet site alone reports latency stats to over 100 U.S. city paio.whicharcdoncnsacmntinuousmcasurcment(avg.-3scconds)capturinQdegradationsn[|Osccondsormore.By fbcusingonindustrystandand.pub|ick+ava|ab|cmeasuremeNs—de|ivcrednncuuomcr�fi-icnd|yneportin8too|s—youwiUhavea clearly articulated, -trusted set of mutrics to monitor your network and make sure i L is running as it should, AT&T views networking from -the same perspective asyou do: critical. Aothe *ndd'snumbcr-one|Pnetwork operator we haveacnnopel|ingneedtnkeepourncLwmdkupandmnningbecaue,jastUkcyourcnterphsr.ourbudnessdcpendsonbeing able toserve our customers every minute ofevery day guansntcc.d.That's why AT&T has invested more than any other network provider -to achieve world -class network reliability, availablIlty and performance. Keeping your network and your business running smnoth|y, The VVorld'snetworking co00paOV= � � For more information, contact your AT&T 06 Representative, or visit www.att.com/business. � I 8.F Ordinance No. 0-2015-66 : Lake County Watershed Development Ordinance Update ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. The Lake County Stormwater Management Commission has updated their Watershed Development Ordinance (WDO) with administrative clarifications, reformatting, and updated FEMA floodplain maps. To remain compliant with the National Floodplain Insurance Program, the Village is required to update the Village Ordinance to reflect the latest WDO effective date. SUMMARY: To remain compliant with the National Floodplain Insurance Program the Village is required to update the Village Ordinance to reflect the latest Lake County Watershed Development Ordinance. ATTACHMENTS: • Letter to Communities Oct2015 • Ord11-05-2015 (DOCX) • Ord15-11 App A (DOCX) Trustee Liaison Trustee Stein Monday, December 7, 2015 (PDF) Staff Contact Darren Monico, Public Works Updated: 12/3/2015 2:09 PM Page 1 Packet Pg. 108 8.F.a LAKE �T STORMWATER MANAGEMENT COMMISSION October 16, 2015 To: Community Chief Elected Officials Community Administrators/Managers Community Clerks Enforcement Officers & Certified Wetland Specialists Subject: Watershed Development Ordinance Start of the Adoption Period for Community Ordinances Dear Sir or Madam: The Lake County Board adopted four amendments and a re -formatted county -wide Watershed Development Ordinance (Ordinance) on October 13, 2015. Please consider this notification as the official start of the adoption period for Communities to adopt the revised Ordinance. The amended WDO is now effective and includes the minimum county -wide standards for regulated development. The amendments include section re -formatting (for ease of use), administrative clarifications, enhancements, and new floodplain maps produced by the Federal Emergency Management Agency (FEMA). By adopting the revised WDO prior to February 17, 2016, your community will have met FEMA's National Flood Insurance Program (NFIP) requirements. Please find attached the following documents for your use: 1. List of amendments in numerical order (Exhibit A); 2. Ordinance adoption template (by reference); 3. Electronic version of the updated Lake County Watershed Development Ordinance (effective date: October 13, 2015). An electronic version is also available for download at www.lakecountyil.gov/stormwater. Instructions for All Communities Regarding Adoption of the Ordinance All Communities in Lake County are required to adopt the revised Ordinance within the adoption period which is from October 16, 2015 — February 17, 2016. It is required due to: Remain in good standing in the FEMA National Flood Insurance Program Minimum (NFIP) Maintain Community Certification Status U:\Regulatory Program\Certification\2015\WDO Adoption Information\Letter to Communities Oct2015.doc Packet Pg. 109 8.F.a Ordinance Adoption Notice October 16, 2015 Page 2 of 2 The Ordinance adoption template is being sent to you in Microsoft Word format and changes can be made to the form as needed by the Community. Once your community has adopted the revised WDO through the local Ordinance process, please forward a copy of the adoption paperwork to SMC. We will then forward the documents to both IDNR/OWR and FEMA for their records. All original executed and signed forms must be returned to SMC prior to February 17, 2016. Additionally, WDO training workshops will be held on October 28t" and November 3rd at the Central Permit Facility in Libertyville. Community Enforcement Officers and Certified Wetland Specialists are required to attend one of the 3-hour sessions. Please see the attached workshop announcement for details and registration information. SMC is available to meet with your community regarding the adoption procedures or to provide technical assistance on this and all Ordinance related issues at any time. Please feel free to contact me at 847-377-7720 or email kwoolford(a-)lakecountyil.gov. Sincerely, Lake County Stormwater Management Commission Encl: List of amendments (Exhibit A) Ordinance adoption template (by reference) 10-13-2015 Watershed Development Ordinance Training workshop announcement U:ARegulatory Prog am\Certification\2015\WDO Adoption Inform ationTetter to Communities Oct2015.doc Packet Pg. 110 8.F.b 11/05/2015 ORDINANCE NO. 2015- AN ORDINANCE AMENDING CHAPTER 13.12 OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE CONCERNING STORMWATER MANAGEMENT AND FLOODPLAIN REGULATIONS WHEREAS, the County of Lake, pursuant to the powers granted to it by 55 ILCS 5/5- 1062, adopted the Lake County Watershed Development Ordinance on or about October 13,2015, effective October 13,2015, establishing rules and regulations for floodplain and stormwater management throughout the County of Lake and superseding any less restrictive municipal rules and regulations therein; and, WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove have previously adopted Ordinance No. 2013-39, which adopted by reference the previous editions of the Lake County Watershed Development Ordinance; and, WHEREAS, the County of Lake, pursuant to the powers granted to it by 55 ILCS 5/5- 1062, adopted a resolution approving amendments to the Lake County Watershed Development Ordinance on or about October 13, 2015, effective immediately; and, WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove find it to be in the best interests of the Village of Buffalo Grove to require all development to meet, at least, the minimum standards prescribed by the Lake County Watershed Development Ordinance to the fullest extent practicable; and, WHEREAS, three copies of the Lake County Watershed Development Ordinance have been on file in the Office of the Village Clerk of the Village of Buffalo Grove, and available for inspection, for not less than thirty (30) days. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Buffalo Grove, Lake and Cook Counties, Illinois, as follows: SECTION I: That there is hereby adopted by reference, as if fully set out herein, that certain ordinance known as the Lake County Watershed Development Ordinance, approved as amended by the County of Lake, State of Illinois, three copies of which have been, for a period of not less than thirty (30) days prior to the effective date hereof, on file in the Office of the Village Clerk. SECTION II: That in the event that the rules, regulations, terms or condition imposed pursuant to the Lake County Watershed Development Ordinance are either more restrictive or less restrictive than comparable rules, regulations, terms or conditions imposed by any other 1 21 Packet Pg. 111 8.F.b applicable rule, regulation, resolution, ordinance, statute or law, then the most restrictive rules, regulations, terms or conditions shall govern. SECTION III: Section 13.12.115 of the Buffalo Grove Municipal Code is amended by deleting the existing Section 13.12.115 and replacing it with the following: Adoption of Lake County Watershed Development Ordinance by Reference: The provisions of the Lake County Watershed Development Ordinance as approved by the Lake County Board on October 13,2015, are adopted herein by reference. In case of conflict between the provisions of the Lake County Watershed Development Ordinance and any other provisions of the Buffalo Grove Municipal Code, the most stringent provisions shall apply. SECTION IV: That the following listing of existing or revised Map Panels appended hereto and made a part of this Ordinance listing the Map Panel, Date of Map, and FIS Study date, and marked as Appendix A to this Ordinance be and are hereby adopted as Appendix A to Title 18 of the Buffalo Grove Municipal Code, Floodplain Regulations. SECTION V: That all ordinances and resolutions, parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, expressly repealed. SECTION VI: This Ordinance shall take effect and be in full force from and after its passage, signing, approval, and publication in pamphlet form as provided by law. AYES: NAYES: ABSENT: PASSED: 2015 APPROVED: 12015 ATTEST: Village Clerk U11161 APPROVED: 2 Village President El Packet Pg. 112 8.F.c APPENDIX A TO TITLE 18, FLOODPLAIN REGULATIONS OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE FEMA FLOOD INSURANCE STUDY MAPS & PROFILES Community Name Community Member Date of Current Effective Map (or Map Index) Lake County Panel Numbers Effective FIS Study Date Buffalo Grove 170068# Sept 18, 2013 17097CO253K Feb 17, 2016 Sept 18, 2013 17097CO254K Feb 17, 2016 Sept 18, 2013 17097CO261 K Feb 17, 2016 Sept 18, 2013 17097CO262K Feb 17, 2016 Sept 18, 2013 17097CO263K Feb 17, 2016 Sept 18, 2013 17097CO264K Feb 17, 2016 Set 18, 2013 17097CO266K Feb 17, 2016 Sept 18, 2013 17097CO270K Feb 17, 2016 Date of Current Community Community Effective Map (or Cook County Effective FIS Name Member Map Index) Panel Numbers Study Date Buffalo Grove 170068# Aug19, 2008 17031 CO063J Aug19, 2008 Aug19, 2008 17031 C0064J Aug19, 2008 Ord15-11 App A 21 Packet Pg. 113 8.G Ordinance No. 0-2015-67 : Ordinance Approving a Special Use with Variations for Willow Grove Elementary School ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action The Planning and Zoning Commission (PZC) voted 7-0 recommending approval of the Special Use and variations. Staff concurs with the PZC's recommendation. SUMMARY: Kildeer Countryside School District 96 (District 96) is proposing an addition, along with other improvements, to the existing Willow Grove School located at 777 N Checker Drive. As a result of the changes, a special use and variations are required. ATTACHMENTS: • Board Referral Memo (DOCX) • Draft Ordinance Willow Grove School (DOCX) • Exhibit D Site Plans (PDF) • Exhibit E Building Elevations (PDF) • Exhibit F Plat of Sub (PDF) • Draft PZC Minutes (DOCX) Trustee Liaison Trustee Berman Monday, December 7, 2015 Staff Contact Chris Stilling, Building & Zoning Updated: 12/3/2015 2:18 PM Page 1 Packet Pg. 114 8.G.a "II'Le GE OF BUFFL � _ VI MEMORANDUM DATE: December 8, 2015 TO: President Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development MI SUBJECT: 777 & 811 N Checker Drive — Special Use and Variations for an Elementary School narI(rRni Min Kildeer Countryside School District 96 (District 96) is proposing an addition, along with other improvements, to the existing Willow Grove School located at 777 N Checker Drive. The proposal is necessary to accommodate an expansion to full day kindergarten. The school property is currently zoned R4 and elementary schools are a special use. As a result of the changes, a special use is required. Furthermore, to accommodate the existing school, variations for a side yard setback reduction and curb cuts are also required. PLANNING & ZONING COMMISSION (PZC) RECOMMENDATION On November 4, 2015, the PZC held the required public hearing to consider a preliminary plan approval and a special use for an elementary school with the following variations: 1. A variation to Section 17.36.020 (B) of the Village of Buffalo Grove Zoning Ordinance pertaining to curb cuts; and 2. A variation to Section 17.40 of the Village of Buffalo Grove Zoning Ordinance (Table of Area, Height, Bulk and Placement Regulations) to allow for a side yard setback reduction for an existing building. The PZC voted 7-0 recommending approval of the Special Use and variations. Staff concurs with the PZC's recommendation. Public Hearing Comments One (1) neighbor attended the meeting and only had questions about the project. Overall, the neighbor did not have any concerns or objections. STAFF ANALYSIS Zoning History • To date, the Village has no record of a special use being approved for the existing school. As a result of the proposed improvements, a new special use is required. • Furthermore, the existing school building currently does not meet the zoning requirements for the side yard setback to the north. The code requires a setback of 10% the lot width. Due to the large width (+/- 620 feet), a 62 foot setback is required. The existing school is setback 50 feet. • Lastly, the zoning ordinance allows a maximum 1 curb -cut. The existing school, prior to improvements, has 6 curb -cuts. Page 1 of 2 Packet Pg. 115 8.G.a Proposed Improvements • The overall site is 6 acres in area and includes the school with multiple parking lots, playgrounds and baseball field. • District 96 is proposing to construct a new cafeteria addition and kindergarten addition to the rear of the existing building. 0 • District 96 is also proposing improvements to both existing parking lots to improve traffic U flow for school buses and emergency vehicles. District 96 is also proposing improvements to the school bus staging area along Checker Drive. The improvements will now allow buses to stage on school property rather than Checker Drive. • As shown on the Alta Survey, the rear yard fences of the homes at 830 and 840 Essington Lu encroach into the school property and would have to be relocated as part of the improvements. Staff will work with District 96 and the homeowners on the relocation of the o fences. CD Variations The following is a summary of the requested variations: Variation to Section 17.32.020 of the Villaize of Buffalo Grove Zonine Ordinance aertainine to the size and location of an accessory structure The Zoning Ordinance allows accessory structures located in rear yards to be located up to 5 feet from the lot line. However, since the lot is considered a corner lot, it shall be setback a minimum of 40 feet from Church Street. The proposed dome would have the following setbacks: Rear Lot Line (Church Street): 11 feet East Lot Line (St. Mary's): 12 feet Variation to Section 17.32.030 of the Village of Buffalo Grove Zoning Ordinance increasing the maximum allowed height of an accessory structure The Zoning Ordinance permits accessory structures to be up to 15 feet in height. As proposed, the new salt dome would be 48 feet high. The previous dome was 26 feet in height. Plat of Subdivision • Currently, the Willow Grove School property contains multiple parcels, including the exiting home at 811 N Checker Drive. • The western parcel is currently owned by the Buffalo Grove Park District (labeled "Park Site" on Alta). As part of the improvements; District 96 will be acquiring the Park District's portion of the site and consolidating the lots into a single zoning lot. • District 96 also owns the existing home at 811 N Checker and has indicated that the home will be demolished at a later date and used for school purposes likely as additional open space. The lot for 811 N Checker will not be included in the subdivision. ACTION REQUESTED Staff recommends that the Village Board approve an Ordinance granting a Special Use and variations for the Willow Grove School expansion. Page 2 of 2 Packet Pg. 116 8.G.b 11.23.15 ORDINANCE NO. 2015 - XX AN ORDINANCE APPROVING A SPECIAL USE AND VARIAITIONS IN THE R4 RESIDENTIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Willow Grove School 777 and 811 N Checker Drive Special Use and Variations for an Elementary School WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the property ("Property') legally described in EXHIBIT A attached hereto is zoned in the R4 Residential District; and, WHEREAS, Kildeer Countryside School District 96 ("Petitioner"), has petitioned the Village for approval of a special use and variations to expand an existing elementary school at the Property; and, WHEREAS, the Village Plan Commission conducted a public hearing on November 4, 2015 concerning the petition for special use and variations; and, c~o LO WHEREAS, the Plan Commission determined that the petition meets the criteria of a special use N and variation as set forth in the Buffalo Grove Zoning Ordinance; and, 0 WHEREAS, the Plan Commission voted 7 to 0 to recommend approval of the special use and variations; and, WHEREAS, the President and Village Board of Trustees after due and careful consideration have concluded that the proposed expansion of the elementary school is a reasonable use of the Property and will serve the best interests of the Village. WHEREAS, the proposed expansion of the Willow Grove School shall be operated in accordance with and pursuant to the following exhibits: EXHIBIT A Legal Description EXHIBIT B Acceptance and Agreement concerning special uses EXHIBIT C Petitioner's Response to Standards EXHIBIT D Site Plans Packet Pg. 117 8.G.b 2 EXHIBIT E Building Elevations EXHIBIT F Plat of Subdivision 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 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 grant a special use and variations to Kildeer Countryside School District 96 for an existing elementary school at the Property. Section 3. This Ordinance shall be in full force and effect upon the submittal of a signed Exhibit B (Acceptance and Agreement) hereto. This Ordinance shall not be codified. AYES: NAYS: ABSENT: ti 0 PASSED: i° 0 N APPROVED: 0 0 0 s U ATTEST: APPROVED: co a� 0 i 0 Village Clerk Beverly Sussman, Village President 3 Packet Pg. 118 8.G.b 3 EXHIBIT A LEGAL DESCRIPTION Willow Grove School 777 and 811 N Checker Drive Special Use and Variations for an Elementary School SUBJECT PROPERTY LEGAL DESCRIPTION: Parcel 1: Lot No. 65 in Block 10 in Strathmore in Buffalo Grove, Unit No. 9, being a Subdivision of parts of Sections 29 and 32, Township 43 North, Range 11 East of the Third Principal Meridian, according to the plat thereof, recorded March 18, 1969 as Document No. 1414386 in Lake County, Illinois, except that part lying Westerly Northerly and Southerly of the following described line: Beginning at a point in the Northerly line of said Lot 65 which is 240.08 feet Westerly of the Northeast corner thereof; thence Southerly, at right angles to said Northerly Lot line a distance of 130.00 feet; thence Westerly at right angles to the last described course a distance of 54.92 feet; thence Southerly at right angles to the last described course a distance of 135.00 feet; thence Easterly at right angles to the last described course a distance of 132.80 feet; thence Southerly at right angles to the last described course a distance of 315.00 feet; thence Easterly along a line which makes an angle to the left of 87 degrees 35 minutes 43 seconds with the last described course extended, a distance of 248.57 feet to the Southeast corner of the aforementioned Lot 65, in Lake County, Illinois. Parcel 2: c~o Lot No. 64 in Block 10 in Strathmore in Buffalo Grove, Unit No. 9, being a Subdivision of parts of SectionsLO 29 and 32, Township 43 North, Range 11 East of the Third Principal Meridian, according to the plat N thereof, recorded March 18, 1969 as Document No. 1414386, in Book 46 of Plats, Page 40, in Lake 0 County, Illinois o Park Site: That part of Lot 65 in Block 10 lying Westerly, Northerly and Southerly of the following described line: Beginning at a point in the Northerly line of said Lot 65 which is 240.08 feet Westerly of the Northeast corner thereof; thence Southerly, at right angles to said Northerly Lot line a distance of 130.00 feet; thence Westerly at right angles to the last described course a distance of 54.92 feet; thence Southerly at right angles to the last described course a distance of 135.00 feet; thence Easterly at right angles to the last described course a distance of 132.80 feet; thence Southerly at right angles to the last described course a distance of 315.00 feet; thence Easterly along a line which makes an angle to the left of 87 degrees 35 minutes 43 seconds with the last described course extended, a distance of 248.57 feet to the Southeast corner of the aforementioned Lot 65 in Strathmore in Buffalo Grove, Unit No. 9, being a Subdivision of parts of Sections 29 and 32, Township 43 North, Range 11 East of the Third Principal Meridian, according to the plat thereof, recorded March 18, 1969 as Document No. 1414386 in Lake County, Illinois SUBJECT PROPERTY COMMON DESCRIPTION: 777 and 811 N Checker Drive, Buffalo Grove, IL (PINS 15-32-105-022, 15-32-105-023 and 15-29-316-006) Packet Pg. 119 8.G.b E EXHIBIT B Acceptance and Agreement Concerning Special Use Willow Grove School 777 and 811 N Checker Drive Special Use and Variations for an Elementary School Kildeer Countryside School District 96 acknowledges that it has read and understands all of the terms and provisions of Buffalo Grove Ordinance No. 2015—XX pertaining to the special use and variations, and does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations of said Ordinance. Kildeer Countryside School District 96 By: Name (print): Title: 16 Packet Pg. 120 8.G.b 5 EXHIBIT C Response to Standards Willow Grove School 777 and 811 N Checker Drive Special Use and Variations for an Elementary School The following is a response to the standards for a variation: 1. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of the zoning district in which it is located except in the case of residential zoning districts; Response: The school is an existing facility and will be making improvements to reduce the amount of curb cuts. The proposed 3 curb cuts are necessary to accommodate the school's existing parking lots and drop-off/pick-up areas. Lastly, the existing setback of 50 feet pertains to the existing school and their proposed improvements will meet all zoning requirements. 2. The plight of the owner is due to unique circumstances; Response: The proposed improvements will meet all zoning requirements. The variations requested pertain to existing features when the school was originally developed. 3. The proposed variation will not alter the essential character of the neighborhood. c~o LO Response: The existing site has been and will continue to operate as an elementary school. All T- N new improvements will meet the Village's zoning requirements. With reference to the curb- 0 cuts, District 96 is bringing the property into closer compliance with Village Code. The setback o variation is for the existing building and the property most impacted is owned by District 96. s The following is a response to the standards for a special use: 1. The special use will serve the public convenience at the location of the subject property; or the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare; Response: The existing site has been and will continue to operate as an elementary school. All new improvements will meet the Village's zoning requirements. 2. The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with said special use, the size of the subject property in relation to such special use, and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate, orderly development of the district in which it is located; Packet Pg. 121 8.G.b G Response: The existing site has continuously operated as a public elementary school for several decades and is consistent with the Village's comprehensive plan. The proposed improvements are intended to enhance the operation of the facility, including making improvements to the existing parking lots and drop-off/pick-up areas. 3. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity of the subject property for the purposes already permitted in such zoning district, nor substantially diminish and impair other property valuations with the neighborhood; Response: The existing site has been and will continue to operate as an elementary school. All new improvements will meet the Village's zoning requirements. 4. The nature, location and size of the buildings or structures involved with the establishment of the special use will not impede, substantially hinder or discourage the development and use of adjacent land and buildings in accord with the zoning district within which they lie; Response: The existing site has continuously operated as a public elementary school for several decades and is consistent with the Village's comprehensive plan. All new improvements will meet the Village's zoning requirements. 5. Adequate utilities, access roads, drainage, and/or other necessary facilities have been or will be provided; Response: All the necessary utilities are provided to the site. The existing roadway adequately handles the traffic generated by the proposed use. Furthermore, the proposed improvementsLO c~o are intended to enhance the operation of the facility. T- 0 N 6. Parking areas shall be of adequate size for the particular special use, which areas shall be O properly located and suitably screened from adjoining residential uses, and the entrance and o exit driveways to and from these parking areas shall be designed so as to prevent traffic hazards, M eliminate nuisance and minimize traffic congestion in the public streets. CO Response: District 96 is proposing improvements to both existing parking lots to improve traffic flow for school buses and emergency vehicles. All required parking is being provided. Packet Pg. 122 8.G.b 7 EXHIBIT D Sitp Plans Willow Grove School 777 and 811 N Checker Drive Special Use and Variations for an Elementary School ti LO 0 N I It Packet Pg. 123 8.G.b EXHIBIT E Building Elevations Willow Grove School 777 and 811 N Checker Drive Special Use and Variations for an Elementary School ti LO 0 N I It Packet Pg. 124 8.G.b 9 EXHIBIT F Plat of Subdivision Willow Grove School 777 and 811 N Checker Drive Special Use and Variations for an Elementary School ti LO 0 N I It Packet Pg. 125 (wev=s e,n�awai3 ........... - rswz-o)s ��saa�avx3:rvawr=e„v LL Vl V) (n U Q U Q U Q oar oara a- J(nQ J(nQv (na H F W M N \ O O ^ \ Z N //1 0 .; oa m CR s 0 'WG 3N33HJ �saaF \ \ Ob— \: Z 02 i 0 LLJ J® g�r ' z FOJ_ 25 r u �a v x ` J 30m I O m 1!J O +7 ems,_ 96s J a w_ } �NOWO QIFO �9 iiii/ s 0 0 a N31lIYB � Ia I W _ o< o. a Togs �P H 's W to Q c N � N V} C w° Xuj N � J w (we¢se,nawai3 ........... - rswz-o)s ��sa��avx3:rvawr=e„v 1 � oar / @ N O U N py JZ O J �`� � � �a �■ I I I¢ C7 w�� &I wio mZLL Z m 30D m i o m O w .�..z' W 30 a a m � W NOWOOY same � Ev o gPiV_ _ _______ _______--- _ IL — — — — — — — — — — — — — — — - ' r aomo JG d`o \� H c N �6 pp N d � 12 Q i Y x `L J (wev=s e,n�awai3 a.a�.oa�M........... - rswz-o)s ��sa��avx3:rvawa=e„v w M U o � �-I � W LLI _ - Z W LL � � w 0 \ --________-- ® \\ sad o� cri CO)6 i—O�00 LLJ cc a }} 0 III JZ ==J r` \ as 9 rc� ea La t x3 W U W � - N O z ova i • Cell .,.Wo. �� w Oo� 7 Z oum Im LLI C Y d ` I zowaar N3jLmwwo sss,a •o> - � Ev a n _ I __ _ _______ _______--- _ o gPiV_ C� n _ — — — — — — — — — —IL — — — — — — — — — — — — — — -- ' ao�mo r JG yP H 's W e ��— c c � 2 Ci y W � w � J IMMIUM11M M /lk :17 Preliminary Plat of Willow Grove School Resubdivision Being . R—b hW- of Lot 65 in 81—k 10 in Strathmore in Buffalo Gro, Unit No. 9, being . Subdivision of port. of S.&(—. 29 and 3z To —hip 43 North, Range 11 East of the Third Prk,.Ipd M-1ol-, o--dig to the plot th—of, .-rd.d March 18, 1969 as D.o—f N. 14/4386 in Loke County, Illinois 59 4 -Lane_ 63 e M 29 26 27 2 6 .25 24 Profao 23 J kq 22 L ot 65 Lot 21 N 54 n. A Parcel 'ark .Bien 6 18Y65c 20 T- 'a '3 ig 52 /8 o Ca nor` vrk my 51 1p 777 ry Stradirrione in &nWo Grove-bbk-9 2 Retarded — 14 1999 .. Do-- Na 14- 49 -131'7ck to 50 48 47 46 M - 45 �—'----Twked-Oak- --- SurvWWs Certificate tee; r Pa-1 2 aidA %unaA� �AIAI;� —1 111�1�' th" Y —.—I .-- 12—@ -1, — Ix— 1-122 2— L,ne-a— , �44 4 Easement Pr-,&— Z" Surface Water Drainage Certificate 'ZIL11- -1-1 Awared for ----------- -------- -1 RMhW B..W r 71� 777 Ch.%., ' County Cleric Certificate AOIbb G.- A— WM ftP.1W Ad.*- 777 ChKAW Drft 1—le, P= &&b G_ mbk me A*er P-4v � ft — MW of&Abb Gohs do of Aa zg�d 51 111� ....... .. . . ......... . 11.".- C GWMM19M "Y " ASSO C I ATES, I M c. 11 :1 '� ; ',, , 1, 061 M7 478 �-, OC I ,, M-,.4-, �19701 - Owner's Certificate --------------------- ------------ Nataly Public Certificate --- - ------------------ I-Ey 1" 1- 1-offish/— 1, -d .Y ---- ---------------- --- OKIWIS Cerffcate .. . . ...... ... Tr"'—' I "IT -E 21616""1'61"'1" 11 1,11 11 ---------------------- ----- ------- A— -- ----------- ----------- NoWy Public Certificate ----------------------- 1.1, a-- . 1-1y 1,' 1- --- ------- ---------------------- ........ y 1-1 -1 -1-1 - — ---------- — — — — — — — - -- ----------- Village Board Certificate — -------------------- - Ran Commission Certificate VQ/ap Collector's Certificate r aka; ---------------------- Villap Eroneer's Certificate "Y "Z 8.G.f Village of Buffalo Grove Planning & Zoning Commission Public Hearing Date: November 4, 2015 Location: Village Hall Chairman Smith called the hearing to order at 7:30pm in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Chairman Smith read the Notice of Public Hearing, explained the procedure to be followed for the public hearings. Roll Call Present: Commissioners Cesario, Cohn, Goldspiel, Moodhe, Shapiro, Weinstein and Chairman Smith Absent: Commissioner Khan and Lesser Also Present: Mr. Brian Sheehan, Village Building Commissioner; Mr. William Raysa, Village Attorney; Ms. Nicole Woods, Village Planner; Mr. Christopher Stilling, Community Development Director Subject: Petition to the Village of Buffalo Grove for preliminary plan approval and a special use for an elementary school with the following variations: 1. A variation to Section 17.36.020 (B) of the Village of Buffalo Grove Zoning Ordinance pertaining to curb cuts; and 2. A variation to Section 17.40 of the Village of Buffalo Grove Zoning Ordinance (Table of Area, Height, Bulk and Placement Regulations) to allow for a side yard setback reduction for an existing building. Subject Property Common Description: 777 and 811 N Checker Drive, Buffalo Grove, IL Michael Shrake (Gewalt Hamilton Associates, Inc.), Jonathan Hitcho (Assistant Superintendent), and Randall Warren (Director of Facilities and Transportation) were sworn in. Mr. Stilling said that this was a project that had come forward before, and the responses to standards were worked on with the petitioner as submitted in the Staff Report. Mr. Hitcho said that the district was excited about the expansion of the school; they were one of a few districts with a full -day early child education program. The superintendent was out of town at a conference. He reviewed the variances requested: Buffalo Grove Planning & Zoning Commission — Public Hearing — November 4, 2015 Page I Packet Pg. 132 8.G.f - The exception for 17.36.020 (B) was reviewed. He said that the school district was an existing facility, and the curb cuts were used to support the parking and expansion. The proposed improvements met all requirements, and the property would continue to operate as a school. - The exception for 17.40 was reviewed. He said that the special use would serve the public convenience and would not be detrimental or endanger the public, and the property was currently meeting the zoning requirements. The location of the site would be in harmony with the area it was in as was currently. This would not be injurious to the surrounding uses and properties as it would continue to operate as it was currently. All necessary utilities were provided, and the existing roadway would support the proposed use. District 96 was proposing improvements to the parking. Commissioner Cesario said that there were six curb cuts; Mr. Stilling said that this was being reduced to three and was improved to be closer to match code. Commissioner Cesario asked if parking and drainage were meeting standards. The petitioner confirmed this to be correct. Commissioner Cesario asked about the fire truck access; Mr. Shrake said that the area pulled back the curb to allow for this. Commissioner Goldspiel asked how much parking there was and how many employees would be there. Mr. Shrake said that there were 58 staff members, and there were 72 parking spaces proposed. Commissioner Goldspiel asked how they expected the north parking lot to flow. Mr. Shrake said that the schematic received showed staff parking and fire access; no busses would enter in that lot. Commissioner Goldspiel asked for confirmation that the area by the cafeteria was showing fire truck access as well; Mr. Shrake confirmed that it was. There was some discussion regarding the fire truck access to the side entrance. Mr. Shrake expected this entrance to be more likely used by paramedics. Mr. Stilling said that there had been discussion with the Fire Department, and they were in approval of the design. Commissioner Moodhe asked about the fences for the neighboring properties. Mr. Hitcho said that this discussion had not taken place. The residents had received notification of the public hearings and construction; however, a more deliberate effort would be made to communicate with them by Staff or the School. Commissioner Weinstein asked about the property at 811 N Checker and if this was part of the subdivision. Mr. Hitcho said that this was not part of the plan as there was no specific use for it currently. Commissioner Weinstein asked if the plan was still consolidating the two parcels by purchasing property from Park District; Mr. Hitcho confirmed this to be correct. Commissioner Weinstein asked if there had been any public questions; Mr. Stilling said that just a few general inquiries had been made. Commissioner Goldspiel asked about the north parking area and asked about the circle parking area. Mr. Shrake said that this was specifically designed to accommodate a fire truck. There was some discussion regarding whether an additional hydrant would be needed. Buffalo Grove Planning & Zoning Commission — Public Hearing — November 4, 2015 Page 2 Packet Pg. 133 8.G.f Mr. Raysa noted that there was an Attachment 3 and Attachment 4 and two pages after that. After review, he asked for clarification on this. Attachment 4 was dated 1114115, and the following documents were labeled Attachments 4.1 and 4.2. Chairman Smith entered Mr. Stilling's staff memo as Exhibit One. Lawrence Preston (750 Essington) asked about getting fire trucks to the school if the fire hydrants were along the street. Mr. Stilling said that the fire trucks used the hydrants along the street, and the additional turnaround was for heavy equipment. Mr. Preston asked about working with the Park District for use of the property; Mr. Hitcho said that there had been discussion with the Park District, and the property was being acquired by the School District. There being no further comments or questions from anyone else present, Chairman Smith closed the public hearing. Commissioner Weinstein moved to forward positive recommendation to the Village Board for preliminary plan approval and a special use for an elementary school with the following variations: 1. A variation to Section 17.36.020 (B) of the Village of Buffalo Grove Zoning Ordinance pertaining to curb cuts; and 2. A variation to Section 17.40 of the Village of Buffalo Grove Zoning Ordinance (Table of Area, Height, Bulk and Placement Regulations) to allow for a side yard setback reduction for an existing building. Commissioner Cesario seconded the motion. Commissioner Goldspiel supported the motion. He thought that this was an improvement on an existing building. Commissioner Cesario said that this was improving the function of the school, and � potential issues had been addressed. LO co Commissioner Moodhe noted that this was Checker Drive (not Checker Lane as noted in 0 some reports). N O Chairman Smith thanked the school for going through the process 0) 54 Aye: Cesario, Cohn, Goldspiel, Moodhe, Shapiro, Weinstein, Smith Nay: None Abstain: None The motion carried 7:0:0. Buffalo Grove Planning & Zoning Commission — Public Hearing — November 4, 2015 Page 3 Packet Pg. 134 8.H Action Item : Salt Dome Change Order #1 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends that the Board approve Change Order #1 in the amount of $77,760. This reduces the overall contract value for the construction of the salt dome. SUMMARY: The salt dome construction contract included the paving of a new pad. Staff was able to successfully perform this work through the Village's contractor at a much reduced cost. Accordingly, the value of the paving work ($77,760) was removed from the dome construction contract. ATTACHMENTS: • Change Order 1 (PDF) Trustee Liaison Trustee Stein Monday, December 7, 2015 Staff Contact Michael Reynolds, Public Works Updated: 12/3/2015 2:30 PM Page 1 Packet Pg. 135 (I,# aapaO a6ueyO au 0Cl 1IeS : L9C0 l,aapaO a6ueyO 3uauayoe11V ( M T 0 Change Order - Project Name a aD Y V M M Change Order No.: 1 Change Order Rate: 11/11/2015 Village of Buffalo Grove (the "Owner ) and Dome Corporation of North America (the "Contractor"), are parties to that certain Design -Build Construction Agreement (the "Original Contract"), dated 9/21/2015. The Contract is modified as follows: Description of Change: Deduct for paving. Owner did the paving themselves. Change Order Initiated by: Dome Corporation of America Amount of Changer Order 1 Original Contract Price 2 Net Change by Previous Change Orders 3 Contract Price Prior to this Change Order 4 Increase / Decrease in Contract Price by this Change Order ($0.00 Cost plus $0.00 OH&P) S New Contract Price after this Change Order $397,660.00 $0.00 $397,660.00 -$77,760.00 $319,900.00 Scheduling Impact This change order will Add/ Deduct the follow number of days to the schedule 0.00 Special Terms Contractor and Owner agree that the terms and conditions of the this Change Order and the Work described in the Change Order Proposal shall be governed and controlled by the Restated Contract, dated 11/11/2015. Owner Village of Buffalo Grove By Name Its Date Contractor DOME CORP OF NORTH AMERICA, a New York corporation Name Jemmy`s. Estes Its Vice President Date 11/11/2015 8.1 Resolution No. R-2015-33 : Resolution Authorizing Village Manager to Upgrade Certain Siren Equipment ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval of a resolution authorizing the Village Manager to engage the services of Northwest Central Dispatch System to upgrade certain weather siren equipment, including automated and remote controller systems and appurtenances. Chiefs Baker and Casstevens have been working with NWCDS to assess the capability of the current weather siren system in use in Buffalo Grove. SUMMARY: Based on a review and analysis by NWCDS, it is recommended that weather siren controller components be upgraded from analog to digital control, with remote access by dispatch. ATTACHMENTS: • Resolution_-_Emergency_Alerting_Siren_Controller_Upgrade (DOCX) • BuffaloGrove_NCD_Telemetry 11202015_2 (PDF) Trustee Liaison Trustee Trilling Monday, December 7, 2015 Staff Contact Brett Robinson, Finance Updated: 12/3/2015 2:44 PM Page 1 Packet Pg. 137 12/01/2015 RESOLUTION NO. 2015 - A RESOLUTION PROVIDING FOR EMERGENCY ALERTING SIREN CONTROLLER UPGRADE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Northwest Central Dispatch Service (NWCDS) has proposed upgrading all seven Village emergency siren controllers with the equipment, programming and installation necessary to gain the maximum benefit for the Village's current emergency siren notification system; and WHEREAS, Fulton Technologies Inc. has provided a written proposal to the Village dated November 20, 2015 to effectuate the upgrading of the Village emergency siren controllers which proposal is attached hereto. NOW THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, that the Village Manager is hereby authorized to engage the Northwest Central Dispatch Service and Fulton Technologies Inc. to complete the scope of work, necessary to upgrade the emergency alerting sirens in the Village and the Village Manager is further authorized to execute all documents necessary to effectuate said upgrading. AYES: NAPES: ABSENT: PASSED: APPROVED: ATTEST: Janet Sirabian, Village Clerk #653825 1 2015 2015 APPROVED: Beverly Sussman, Village President c Q E z U 2 Packet Pg. 138 UL TON TECHNOLOGIES 160 N GARDEN AVE., November 20, 2015 Fire Chief Mike Baker Buffalo Grove Fire Department 1051 Highland Grove Dr. Buffalo Grove, IL 60089 Re: System 4000 Telemetry Information We are pleased to provide a proposal to the Buffalo Grove Fire Department for the supply and installation of System 4000 Telemetry Siren Controllers compatible with the siren encoder at Northwest Central Dispatch agency. The System 4000 telemetry system is on a dedicated siren frequency and uses encrypted time -stamped digital data transmissions for reliable communications between the encoder and sirens. The system is monitored by Fulton Technologies and tested every business day. Reports are sent every Monday and the first Tuesday of the month to inform you of the siren status. Also, history of activations and sire status will be available at your request should you ever need to reference the information. System 4000 telemetry units and sensors can be added to each siren for $4,950.00 each. The total budgetary cost for seven sirens would be $34,650.00. The annual monitoring fee for Fulton Technologies to monitor and test your siren system will be $360 and is included free for the first year. We also recommend an annual preventive maintenance plan for your sirens. The cost to perform annual preventive maintenance on the seven sirens would be $2410 annually. Please contact me to obtain a maintenance contract. Should you have any questions, or require further information, please contact me. Sincerely, FULTON TECHNOLOGIES INC. OLE. �;'4. �- John Vistine Technical Services Packet Pg. 139 8.J Action Item : Buffalo Grove Municipal Compliance Report for December 31, 2014 - Firefighters' Pension Fund ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends acceptance of report. This report was approved at the November 2nd Firefighters' Pension Board Meeting. SUMMARY: The Illinois Pension Code requires that the Firefighters' Pension Fund Board of Trustees submit a Municipal Compliance Report prior to the adoption of the Village's 2015 property tax levy regarding fiscal condition. This report has been prepared on behalf of the Village's Police Pension Fund Board and acceptance is requested. ATTACHMENTS: • Buffalo Grove Fire 2014 MCR Report (PDF) Trustee Liaison Trustee Johnson Monday, December 7, 2015 Staff Contact Scott Anderson, Finance Updated: 12/3/2015 2:47 PM Page 1 Packet Pg. 140 8.J.a VILLAGE OF BUFFALO GROVE, ILLINOIS FIREFIGHTERS' PENSION FUND HOUSE BILL 5088 - MUNICIPAL COMPLIANCE REPORT FOR THE FISCAL YEAR ENDED DECEMBER 31, 2014 Packet Pg. 141 8.J.a VILLAGE OF BUFFALO GROVE, ILLINOIS FIREFIGHTERS' PENSION FUND House Bill 5088 (Public Act 95-950) - Municipal Compliance Report For the Fiscal Year Ending December 31, 2014 The Pension Board certifies to the Board of Trustees of the Village of Buffalo Grove, Illinois on the condition of the Pension Fund at the end of its most recently completed fiscal year the following information: 1) The total cash and investments, including accrued interest, of the fund and their current market value of those assets: Current Preceding Fiscal Year Fiscal Year Total Cash and Investments (including accrued interest) $49,181,692 $45,278,007 Total Net Position $49,156,716 $45,275,721 2) The estimated receipts during the next succeeding fiscal year from deductions from the salaries of firefighters' and from other sources: Estimated Receipts - Employee Contributions $527,100 Estimated Receipts - All Other Sources Investment Earnings $3,442,700 Municipal Contributions $1,728,496 3) The estimated amount necessary during the fiscal year to meet the annual actuarial requirements of the pension fund as provided in Sections 4-118 and 4-120: Annual Requirement of the Fund as Determined by: Illinois Department of insurance $1,693,055 Private Actuary - Lauterbach & Amen, LLP Recommended Municipal Contribution $1,728,496 Statutory Municipal Contribution $1,631,569 Page 2 Packet Pg. 142 8.J.a VILLAGE OF BUFFALO GROVE, ILLINOIS FIREFIGHTERS' PENSION FUND House Bill 5088 (Public Act 95-950) - Municipal Compliance Report For the Fiscal Year Ending December 31, 2014 c .N c d a 4) The total net income received from investment of assets along with the assumed investment return and actual investment return received by the fund during its most recently completed fiscal year compared to the total net z income, assumed investment return, and actual investment return received during the preceding fiscal year: d L_ U- Current Preceding Fiscal Year Fiscal Year N Net Income Received from Investment of Assets $3,195,916 $5,865,851 m E Assumed Investment Return m Illinois Department of insurance 6.75% 6.75% c w Private Actuary - Lauterbach & Amen, LLP 7.00% 7.00% 0 c Actual Investment Return 7.00% 15.04% m c� Q 5) The increase in employer pension contributions that results from the implementation of the provisions of P.A. 93m c 0689: V M a Illinois Department of Insurance N/A •2 Private Actuary - Lauterbach & Amen, LLP N/A Q; M 6) The total number of active employees who are financially contributing to the fund: 0 Q. Number of Active Members 55 U 7) The total amount that was disbursed in benefits during the fiscal year, including the number of and total amount v disbursed to (i) annuitants in receipt of a regular retirement pension, (ii) recipients being paid a disability c pension, and (iii) survivors and children in receipt of benefits: L_ U- 4) Total Amount c L Number of Disbursed 0 0 (i) Regular Retirement Pension 24 $1,692,103 m (ii) Disability Pension 4 $168,409 E z (iii) Survivors and Child Benefits 2 $81,082 a Totals 30 $1,941,594 Page 3 Packet Pg. 143 8.J.a VILLAGE OF BUFFALO GROVE, ILLINOIS FIREFIGHTERS' PENSION FUND House Bill 5088 (Public Act 95-950) - Municipal Compliance Report For the Fiscal Year Ending December 31, 2014 8) The funded ratio of the fund: Current Preceding Fiscal Year Fiscal Year Illinois Department of Insurance 74.82% 73.36% Private Actuary - Lauterbach & Amen, LLP 72.08% 68.60% 9) The unfunded liability carried by the fund, along with an actuarial explanation of the unfunded liability: Unfunded Liability: Illinois Department of Insurance Private Actuary - Lauterbach & Amen, LLP $16,227,865 $18,279,539 The accrued liability is the actuarial present value of the portion of the projected benefits that has been accrued as of the valuation date based upon the actuarial valuation method and the actuarial assumptions employed in the valuation. The unfunded accrued liability is the excess of the accrued liability over the actuarial value of assets. 10) The investment policy of the Pension Board under the statutory investment restrictions imposed on the fund. Investment Policy - See Attached. Please see Notes Page attached. CERTIFICATION OF MUNICIPAL FIREFIGHTERS' PENSION FUND COMPLIANCE REPORT The Board of Trustees of the Pension Fund, based upon information and belief, and to the best of our knowledge, hereby certify pursuant to §4-134 of the Illinois Pension Code 40 ILCS 5/4-134, that the preceding report is true and accurate. Adopted this day of , 2015 President Secretary Date Date Page 4 Packet Pg. 144 8.J.a VILLAGE OF BUFFALO GROVE, ILLINOIS FIREFIGHTERS' PENSION FUND House Bill 5088 (Public Act 95-950) - Municipal Compliance Report For the Fiscal Year Ending December 31, 2014 INDEX OF ASSUMPTIONS 1) Total Cash and Investments - as Reported at Market Value in the Audited Financial Statements for the Years Ended December 31, 2014 and 2013. Total Net Position - as Reported in the Audited Financial Statements for the Years Ended December 31, 2014 and 2013. 2) Estimated Receipts - Employee Contributions as Reported in the Audited Financial Statements for the Year Ended December 31, 2014 plus 5% Increase (Actuarial Salary Increase Assumption) Rounded to the Nearest $100. Estimated Receipts - All Other Sources Investment Earnings - Cash and Investments as Reported in the Audited Financial Statements for the Year Ended December 31, 2014, times 7% (Actuarial Investment Return Assumption) Rounded to the Nearest $100. Municipal Contributions - Recommended Tax Levy Requirement as Reported by Lauterbach & Amen, LLP, Actuarial Valuation for the Year Ended December 31, 2014. 3) Annual Requirement of the Fund as Determined by: Illinois Department of Insurance - Suggested Amount of Tax Levy as Reported in the December 31, 2014 Actuarial Valuation. Private Actuary - Timothy W. Sharpe, Actuary Recommended Amount of Tax Levy as Reported by Lauterbach & Amen, LLP in the December 31, 2014 Actuarial Valuation. Statutorily Required Amount of Tax Levy as Reported by Lauterbach & Amen, LLP in the December 31, 2014 Actuarial Valuation. Page 5 Packet Pg. 145 8.J.a VILLAGE OF BUFFALO GROVE, ILLINOIS FIREFIGHTERS' PENSION FUND House Bill 5088 (Public Act 95-950) - Municipal Compliance Report For the Fiscal Year Ending December 31, 2014 INDEX OF ASSUMPTIONS - Continued 4) Net Income Received from Investment of Assets - Investment Income (Loss) net of Investment Expense, as Reported in the Audited Financial Statements for the Years Ended December 31, 2014 and 2013. Assumed Investment Return Illinois Department of Insurance - Current and Preceding Fiscal Year Interest Rate Assumption as Reported in the December 31, 2014 and 2013 Actuarial Valuations. Private Actuary - Current Interest Rate Assumption as Reported in the Lauterbach & Amen, LLP, December 31, 2014 Actuarial Valuation. Preceding Fiscal Year Interest Rate Assumption as Reported in the Timothy W. Sharpe, Actuary, December 31, 2013 Actuarial Valuation. Actual Investment Return - Net Income Received from Investments as Reported Above as a Percentage of the Average of the Beginning Balance of the Fiscal Year Cash and Investments and Ending Balance of the Fiscal Year Cash and Investments, excluding the fiscal year net investment income, as Reported in the Audited Financial Statements for the Fiscal Years Ended December 31, 2014, 2013 and 2012. 5) Illinois Department of Insurance - Amount of total suggested tax levy to be excluded from the property tax extension limitation law as contemplated by 35 ILCS 200/18-185. Private Actuary - No Private Actuarial Valuation amount available at the time of this report. 6) Number of Active Members - Illinois Department of Insurance Annual Statement for December 31, 2014 - Schedule P. (i) Regular Retirement Pension - Illinois Department of Insurance Annual Statement for December 31, 2014 - Schedule P for Number of Participants and Expense page 1 for Total Amount Disbursed. (ii) Disability Pension - Same as above. (iii) Survivors and Child Benefits - Same as above. Page 6 Packet Pg. 146 8.J.a VILLAGE OF BUFFALO GROVE, ILLINOIS FIREFIGHTERS' PENSION FUND House Bill 5088 (Public Act 95-950) - Municipal Compliance Report For the Fiscal Year Ending December 31, 2014 INDEX OF ASSUMPTIONS - Continued 7) The funded ratio of the fund: Illinois Department of Insurance - Current and Preceding Fiscal Year Net Present Assets as a percentage of Total Assets as Reported in the December 31, 2014 and 2013 Actuarial Valuations. Private Actuary - Current Fiscal Year Net Present Assets as a percentage of Total Assets as Reported in the Lauterbach & Amen, LLP, December 31, 2014 Actuarial Valuation. Preceding Fiscal Year Net Present Assets as a percentage of Total Assets as Reported in the Timothy W. Sharpe, Actuary, December 31, 2013 Actuarial Valuation. 8) Unfunded Liability: Illinois Department of Insurance - Deferred Asset (Unfunded Accrued Liability) as Reported in the December 31, 2014 Actuarial Valuation. Private Actuary - Deferred Asset (Unfunded Accrued Liability) as Reported by Lauterbach & Amen, LLP in the December 31, 2014 Actuarial Valuation. Page 7 Packet Pg. 147 8.K Information Item : Municipal Compliance Report for December 31, 2014 - Police Pension Fund ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends acceptance of report. This report was approved at the October 13th Police Pension Board Meeting. SUMMARY: The Illinois Pension Code requires that the Police Pension Fund Board of Trustees submit a Municipal Compliance Report prior to the adoption of the Village's 2015 property tax levy regarding fiscal condition. This report has been prepared on behalf of the Village's Police Pension Fund Board and acceptance is requested. ATTACHMENTS: • BuffaloGrovePP_MCR_12.31.2014 (PDF) Trustee Liaison Trustee Johnson Monday, December 7, 2015 Staff Contact Scott Anderson, Finance Updated: 12/3/2015 2:51 PM Page 1 Packet Pg. 148 8.K.a VILLAGE OF BUFFALO GROVE, ILLINOIS POLICE PENSION FUND HOUSE BILL 5088 - MUNICIPAL COMPLIANCE REPORT FOR THE FISCAL YEAR ENDED DECEMBER 31, 2014 Packet Pg. 149 8.K.a VILLAGE OF BUFFALO GROVE, ILLINOIS POLICE PENSION FUND House Bill 5088 (Public Act 95-950) - Municipal Compliance Report For the Fiscal Year Ending December 31, 2014 The Pension Board certifies to the Board of Trustees of the Village of Buffalo Grove, Illinois on the condition of the Pension Fund at the end of its most recently completed fiscal year the following information: 1) The total cash and investments of the fund and their current market value of those assets: Total Cash and Investments Total Net Position Current Preceding Fiscal Year Fiscal Year $ 56,518,163 $ 56,254,452 $ 52,758,743 $ 52,540,449 2) The estimated receipts during the next succeeding fiscal year from deductions from the salaries of police officers and from other sources: Estimated Receipts - Employee Contributions $ 695,600 Estimated Receipts - All Other Sources Investment Earnings $ 3,956,300 Municipal Contributions $ 2,407,865 3) The estimated amount required during the next succeeding fiscal year to (a) pay all pensions and other obligations provided in Article 3 of the Illinois Pension Code, and (b) to meet the annual requirements of the fund as provided in Sections 3-125 and 3-127: (a) Pay all Pensions and Other Obligations (b) Annual Requirement of the Fund as Detennined by: Illinois Department of Insurance Private Actuary- Lauterbach & Amen, LLP Recommended Municipal Contribution Statutory Municipal Contribution $ 3,476,200 $ 2,128,877 $ 2,407,865 $ 2,098,375 Page 1 Packet Pg. 150 8.K.a VILLAGE OF BUFFALO GROVE, ILLINOIS POLICE PENSION FUND House Bill 5088 (Public Act 95-950) - Municipal Compliance Report For the Fiscal Year Ending December 31, 2014 4) The total net income received from investment of assets along with the assumed investment return and actual investment return received by the fund during its most recently completed fiscal year compared to the total net income, assumed investment return, and actual investment return received during the preceding fiscal year: Current Preceding Fiscal Year Fiscal Year Net Income Received from Investment of Assets $ 3,756,487 $ 5,550,844 Assumed Investment Return Illinois Department of Insurance 6.75% 6.75% Private Actuary- Lauterbach & Amen, LLP 7.00% 7.00% Actual Investment Return 7.12% 11.81 % 5) The total number of active employees who are financially contributing to the fund: Number of Active Members 63 6) The total amount that was disbursed in benefits during the fiscal year, including the number of and total amount disbursed to (i) annuitants in receipt of a regular retirement pension, (ii) recipients being paid a disability pension, and (iii) survivors and children in receipt of benefits: Total Amount Number of Disbursed (i) Regular Retirement Pension 38 $ 2,461,964 (ii) Disability Pension 2 $ 89,528 (iii) Survivors and Child Benefits 2 $ 98,534 Totals 42 $ 2,650,026 Page 2 Packet Pg. 151 8.K.a VILLAGE OF BUFFALO GROVE, ILLINOIS POLICE PENSION FUND House Bill 5088 (Public Act 95-950) - Municipal Compliance Report For the Fiscal Year Ending December 31, 2014 7) The funded ratio of the fund: Illinois Department of Insurance Current Fiscal Year 69.94% Private Actuary- Lauterbach & Amen, LLP 67.91 % Preceding Fiscal Year 70.47% 67.67% 8) The unfunded liability carried by the fund, along with an actuarial explanation of the unfunded liability: Unfunded Liability: Illinois Department of Insurance $ 24,057,790 Private Actuary- Lauterbach & Amen, LLP S 26,103,996 The accrued liability is the actuarial present value of the portion of the projected benefits that has been accrued as of the valuation date based upon the actuarial valuation method and the actuarial assumptions employed in the valuation. The unfunded accrued liability is the excess of the accrued liability over the actuarial value of assets. 9) The investment policy of the Pension Board under the statutory investment restrictions imposed on the fund. Investment Policy - See Attached. Please see Notes Page attached. CERTIFICATION OF MUNICIPAL POLICE PENSION FUND COMPLIANCE REPORT The Board of Trustees of the Pension Fund, based upon information and belief, and to the best of our knowledge, hereby certify pursuant to §3-143 of the Illinois Pension Code 40 1LCS 5/3-143, that the preceding report is true and accurate. Adopted this day of , 2015 President Secretary Date Date Page 3 Packet Pg. 152 8.K.a VILLAGE OF BUFFALO GROVE, ILLINOIS POLICE PENSION FUND House Bill 5088 (Public Act 95-950) - Municipal Compliance Report For the Fiscal Year Ending December 31, 2014 INDEX OF ASSUMPTIONS 1) Total Cash and Investments - as Reported in the Audited Financial Statements for the Years Ended December 31, 2014 and 2013. Total Net Position - as Reported at Market Value in the Audited Financial Statements for the Years Ended December 31, 2014 and 2013. 2) Estimated Receipts - Employee Contributions as Reported in the Audited Financial Statements for the Year Ended December 31, 2014 plus 6.25% Increase (Actuarial Salary Increase Assumption) Rounded to the Nearest $100. Estimated Receipts - All Other Sources Investment Earnings - Cash and Investments as Reported in the Audited Financial Statements for the Year Ended December 31, 2014, times 7% (Actuarial Investment Return Assumption) Rounded to the Nearest $100. Municipal Contributions - Recommended Tax Levy Requirement as Reported by Lauterbach & Amen, LLP, Actuarial Valuation for the Year Ended December 31, 2014. 3) (a) Pay all Pensions and Other Obligations - Total Deductions as Reported in the Audited Financial Statements for the Year Ended December 31, 2014, plus a 25% Increase, Rounded to the Nearest $100. (b) Annual Requirement of the Fund as Determined by: Illinois Department of Insurance - Suggested Amount of Tax Levy as Reported in the December 31, 2014 Actuarial Valuation. Private Actuary Recommended Amount of Tax Levy as Reported by Lauterbach & Amen, LLP in the December 31, 2014 Actuarial Valuation. Statutorily Required Amount of Tax Levy as Reported by Lauterbach & Amen, LLP in the December 31, 2014 Actuarial Valuation. Page 4 Packet Pg. 153 8.K.a VILLAGE OF BUFFALO GROVE, ILLINOIS POLICE PENSION FUND House Bill 5088 (Public Act 95-950) - Municipal Compliance Report For the Fiscal Year Ending December 31, 2014 INDEX OF ASSUMPTIONS - Continued 4) Net Income Received from Investment of Assets - Investment Income (Loss) net of Investment Expense, as Reported in the Audited Financial Statements for the Years Ended December 31, 2014 and 2013. Assumed Investment Return Illinois Department of Insurance - Current and Preceding Fiscal Year Interest Rate Assumption as Reported in the December 31, 2014 and 2013 Actuarial Valuations. Private Actuary - Current and Preceding Fiscal Year Interest Rate Assumption as Reported in the Lauterbach & Amen, LLP, December 31, 2014 and 2013 Actuarial Valuations. Actual Investment Return -Net Income Received from Investments as Reported Above as a Percentage of the Average of the Beginning and Ending Balances of the Fiscal Year Cash Investments, Excluding Net Investment Income, Gains, and Losses for the Fiscal Year Return Being calculated, as Reported in the Audited Financial Statements for the Fiscal Years Ended December 31, 2014, 2013 and 2012. 5) Number of Active Members - Illinois Department of Insurance Annual Statement for December 31, 2014 - Schedule P. 6) (i) Regular Retirement Pension - Illinois Department of Insurance Annual Statement for December 31, 2014 - Schedule P for Number of Participants and Expense page 1 for Total Amount Disbursed. (ii) Disability Pension - Same as above. (iii) Survivors and Child Benefits - Same as above. Page 5 Packet Pg. 154 8.K.a VILLAGE OF BUFFALO GROVE, ILLINOIS POLICE PENSION FUND House Bill 5088 (Public Act 95-950) - Municipal Compliance Report For the Fiscal Year Ending December 31, 2014 INDEX OF ASSUMPTIONS - Continued 7) The funded ratio of the fund: Illinois Department of insurance - Current and Preceding Fiscal Year Net Present Assets as a percentage of Total Assets as Reported in the December 31, 2014 and 2013 Actuarial Valuations. Private Actuary - Current and Preceding Fiscal Year Net Present Assets as a percentage of Total Assets as Reported in the Lauterbach & Amen, LLP, December 31, 2014 and December 31, 2013 Actuarial Valuations. 8) Unfunded Liability: Illinois Department of Insurance - Deferred Asset (Unfunded Accrued Liability) as Reported in the December 31, 2014 Actuarial Valuation. Private Actuary - Deferred Asset (Unfunded Accrued Liability) as Reported by Lauterbach & Amen, LLP in the December 31, 2014 Actuarial Valuation. Page 6 Packet Pg. 155 8.L Ordinance No. 0-2015-68 : An Ordinance Approving a Side Letter of Agreement Between the Village of Buffalo Grove and the Metropolitan Alliance of Police ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Recommendation of Action Staff recommends approval. SUMMARY: The proposed side letter amendment provides for a 2.50 percent increase for police patrol officers, represented by the Metropolitan Alliance of Police, for the period of January 1, 2016 through December 31, 2016 and is consistent with funds programmed in the Village's 2016 budget. ATTACHMENTS: • 2015 MAP Side Letter Memo 12 07 2015 (DOCX) • 2016 MAP Wages Side Letter (DOCX) • 2015 MAP 2016 Wages Side Letter of Agreement Ordinance 12 07 2015 (DOC) Trustee Liaison Trustee Trilling Monday, December 7, 2015 Staff Contact Arthur a Malinowski, Human Resources Updated: 12/3/2015 3:21 PM Page 1 Packet Pg. 156 8.L.a 11% I D11A CU M . 0111001 DATE: December 8, 2015 TO: Dane Bragg, Village Manager FROM: Arthur A. Malinowski, Jr., Director of Human Resources IN SUBJECT: 2016 Wage Agreement with the Metropolitan Alliance of Police (MAP) Pursuant to the terms set forth in the collective bargaining agreement, dated January 1, 2015 through December 31, 2016, between the Village of Buffalo Grove and the Metropolitan Alliance of Police (MAP), Buffalo Grove Police Patrol Officer Chapter #672, the parties have met and reached agreement on the attached Side Letter of Agreement which modifies Article VI, Section 6.1 - Salaries of the collective bargaining agreement. The proposed side letter amendment provides for a 2.50 percent increase for police patrol officers for the period of January 1, 2016 through December 31, 2016. The wage data contained within the side letter of agreement before the Village Board is identical to the Agreement reached between the parties via collective bargaining. It is the recommendation of staff that this Ordinance be adopted by the President and Board of Trustees for implementation. Please let me know if you have any questions or concerns. Page 1 of 1 Packet Pg. 157 8.L.b Side Letter of Agreement Between The Village of Buffalo Grove And The Metropolitan Alliance of Police (MAP), Buffalo Grove Police Patrol Officer Chapter #672 December 2, 2015 Representatives from the Village of Buffalo Grove ("Village") and the Metropolitan Alliance of Police (MAP), Buffalo Grove Police Patrol Officer Chapter 9672 ("Union") have met and reached agreement on this Side Letter of Agreement to the Collective Bargaining Agreement ("Agreement") between the parties dated January 1, 2015 through December 31, 2016 which modifies the following Section of the afore referenced Agreement, Supplemental Agreements and Departmental Standard Operating Procedures. Article V1, Section 6.1 — Salaries Salary Schedule — January 1, 2016 to December 31, 2016 Effective: January 1, 2016 A. Police Patrol Officer (2.5% Increase): 1. The minimum and entrance salary at Step 269 as delineated in the Village of Buffalo Grove's Municipal Classification and Pay Plan, or $65,478.40; and, 2. The maximum salary, exclusive of overtime pay shall be at Step 347 or $96,616.00. Step Plan Illustration Police Patrol Officer — Effective: January 1, 2016 Starting pay: Pay after first complete year of employment: Pay after second complete year of employment: Pay after third complete year of employment: Pay after fourth complete year of employment: Pay after fifth complete year of employment: Pay after sixth complete year of employment: Pay after seven or more complete year of employment: This Side Letter of Agreement is executed this For the Village of Buffalo Grove: Dane C. Bragg Village Manager $65,478.40 (Step 269) $69,170.40 (Step 280) $73,072.48 (Step 291) $77,192.96 (Step 302) $81,546.40 (Step 313) $86,145.28 (Step 324) $91,002.08 (Step 335) $96,616.00 (Step 347) day of December 2015. For MAP, Buffalo Grove Police Patrol Officer Chapter #672 Joseph Andalina President, Metropolitan Alliance of Police Michael Martin President, MAP Chapter #672 Packet Pg. 158 8.L.c ORDINANCE NO. 2015- AN ORDINANCE APPROVING A LETTER OF AGREEMENT BETWEEN THE VILLAGE OF BUFFALO GROVE AND THE METROPOLITAN ALLIANCE OF POLICE (MAP) BUFFALO GROVE POLICE PATROL OFFICER CHAPTER #672 WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Provisions of the Constitution of the State of Illinois of 1970; and WHERAS, in accordance with the Illinois Public Labor Relations Act, the Village of Buffalo Grove entered into good faith collective bargaining and has thus reached an agreement with the Metropolitan Alliance of Police (MAP), Buffalo Grove Police Patrol Officer Chapter 9672 concerning wages for January 1, 2016 through December 31, 2016, as reflected within the Collective Bargaining Agreement in effect from January 1, 2015 through December 31, 2016. NOW, THEREFORE, BE 1T ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS that: Sectionl. The President and the Board of Trustees hereby accept the terms of the attached Letter of Agreement. Section 2. The Village Manager is authorized to enter into the Letter of Agreement with the Metropolitan Alliance of Police (MAP), Buffalo Grove Police Patrol Officer Chapter #672. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: NAYES: ABSENT: PASSED: 12015. APPROVED: 12015. Village President ATTEST: Village Clerk Packet Pg. 159 9.A Ordinance No. 0-2015-69 : Ordinance Establishing a 180 Day Moratorium on Electronic Cigarette Stores ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends that the Village Board approve an Ordinance establishing a 180 day moratorium on new petitions for electronic cigarette stores. Staff recommends that the Village Board approve a 180 day moratorium on new petitions for electronic cigarette stores too allow sufficient time to develop regulations to address this emerging land use. The purpose of the moratorium will be to explore policy questions and considerations and develop a set of recommendations and code modifications regarding the matter. ATTACHMENTS: • BOT E-Cigarette Referral Memo (DOCX) • Draft E-Cigarette Ordinance (DOCX) Trustee Liaison Trustee Ottenheimer III Monday, December 7, 2015 Staff Contact Chris Stilling, Building & Zoning Updated: 12/3/2015 10:44 AM Page 1 Packet Pg. 160 9.A.a VILLACE",, OF DATE: December 8, 2015 TO: President Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development SUBJECT: Electronic Cigarette Stores Background E-cigarettes are battery -operated devices designed to deliver nicotine with flavorings and other chemicals to users in vapor instead of smoke. They are designed to simulate the act of tobacco smoking by producing a flavored aerosol that looks and feels like tobacco smoke and deliver nicotine at varying levels. The Village is concerned with the rapid spread and growth of e-cigarette stores and has already received significant interest from retailers interested in opening stores within the Village. As e- cigarettes are a relatively new product, there is very little state law applicable to their sale. Further, the Village Code contains no provisions that address the sale of e- cigarettes. Consequently, members of Village staff with expertise in public health, safety, enforcement, planning, zoning, and legal matters collaborated on the implications of introducing the sale of e- cigarettes in Buffalo Grove. This group collectively concluded that this particular use raises various policy questions and concerns. As a result, staff would like to further research these issues and ultimately develop a set of policy recommendations for the Village Board to consider before e- cigarette retail sales are introduced into the Village. NEXT STEPS Staff is recommending that the Village Board approve a 180 day moratorium on new petitions for electronic cigarette stores to allow sufficient time to develop regulations to address this emerging land use. The purpose of the moratorium will be to explore policy questions and considerations and develop a set of recommendations and code modifications regarding the matter. Part of this research process includes reaching out to other communities via the Northwest Municipal Conference, surveys and phone calls to uncover and discuss best practices. Staff will also be working with the Village of Buffalo Grove's Planning and Zoning Commission (PZC) to address land use matters. Draft regulations will be provided to the Village Board for final consideration within the next 180 days. RECOMMENDATION Staff recommends that the Village Board approve an Ordinance establishing a 180 day moratorium on new petitions for electronic cigarette stores. The Village Attorney has reviewed the draft Ordinance for consideration. Page 1 of 1 Packet Pg. 161 9.A.b 12/07/2015 ORDINANCE NO.2015 - AN ORDINANCE ESTABLISHING TEMPORARY MORATORIUM ON RETAIL SALES OF ELECTRONIC C r3ARREITES ESTABLISHMENTS IN THEVILLAGE'S BUSINESS DISTRICTS WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; WHEREAS, the Village of Buffalo Grove desires to preserve the character of the Village's business districts by encouraging the appropriate mix of retail uses in such districts; and WHEREAS, electronic smoking devices, commonly known as "Electronic Cigarettes," "e-cigarettes," "e-cigars," "e-cigarillos," "e-pipes," "e-hookahs," "electronic nicotine delivery systems," etc., are battery operated devices designed to deliver nicotine, flavor, and/or other substances through a vapor inhaled by the user; and WHEREAS, the health effects of Electronic Cigarettes have not been comprehensively studied and remain unclear; and WHEREAS, Electronic Cigarettes may require greater attention and service from the Buffalo Grove Police Department for health andsafety reasons; and WHEREAS, the Village has experienced a substantial increase in the number of requests for the approval of Retail Electronic Cigarette Establishments within the business districts of the Village, which are not currently a listed permitted use or special use; and WHEREAS, an appropriate mix of retail service uses is necessary in order to ensure the vitality and commercial character ofthe business districts inthe Village; and WHEREAS, the best interests and welfare of the Village and its residents require that the Village b e t t e r understand the potential adverse effects and consider whether additional regulations are necessary or appropriate to manage the potential overdevelopment of Electronic Cigarette establishments in the Village's business districts; and WHEREAS, the establishment of Retail Electronic Cigarette Establishments in the Village during the pendency of any such consideration may change the character of the Village's business districts to the possible detriment of the Village and its residents; and WHEREAS, inorderto protect the public welfare, the Village President and Board of Trustees have determined that it is necessary and inthe best interests of the Village and its residents to impose a moratorium on any petitions for zoning, special use, licenses or permits for proposed new Retail Electronic Cigarette Establishments in the Village's business districts, as more specifically set forth in this Ordinance, in order to provide sufficient time for the Village to considerthe possible adoption of additional regulations. Packet Pg. 162 9.A.b 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: Section 1 Recitals. The foregoing recitals are hereby incorporated into and made•a part ofthis Ordinance bythis reference. Section 2. Temporary Moratorium. A. Establishment. Beginning on the effective date of this Ordinance, no petition for concept and preliminary plan review, zoning, special use, license, permit or Tenant Use Form for a new Re t a i I Electronic Cigarette Establishment as the primary use shall be approved by the Village for properties in theVillage's B-1, B-2, B-3, B-4 and B-5 Districts. B. Limited Time Period. The Temporary Moratorium, unless sooner terminated by Ordinance duly adopted by the Village Board shall remain in full force and effect for a limited period of 180days from the effective date of this Ordinance. C. Processing of New Applications. Any proposal to build, remodel, alter, or otherwise establish new Retail Electronic Cigarette Establishments, spaces or structures in the Village's B-1, B-2, B-3, B-4 or B-5 Districts affected by the Temporary Moratorium may still be presented to the Village for consideration, and such applications will be processed conditionally during the pendency of the Temporary Moratorium, but no such application shall be finally approved until (i) the expiration of the Temporary Moratorium, and (ii) unless the application complies with the applicable regulations in effect following the expiration of the Temporary Moratorium. Persons filing applications pursuant to this Section 2.0 shall do so at theirown risk. D. Electronic Cigarettes. For purposes of this Ordinance, the term "Electronic Cigarette" shall mean an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. "Electronic Cigarette" includes any such device, whether manufactured, distributed, marketed, or sold as an Electronic Cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. "Electronic Cigarette" also means cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, electronic smoking device batteries, electronic Smoking device chargers, and any other item specifically designed for the preparation, charging, or use of Electronic Cigarettes. The term "Retail Electronic Cigarette Establishment" shall mean any retail establishment open to the public that sells, offers for sale, or does or offers to exchange for any form of consideration, Electronic Cigarettes, Electronic Cigarettes products or Electronic Cigarettes paraphernalia as the primary use. Section 3. Report to Village Board. The Village Manager and staff are hereby authorized and directed to consider revisions to the provisions of Title 17, Zoning, of the Buffalo Grove Municipal Code regulating retail uses in the Village' business districts and report their recommendations to the Village Board within 180 days ofthe adoption of this Ordinance. Section 4. Severability. 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. 2 Packet Pg. 163 9.A.b Section 5. Effective Date. This Ordinance shall be in full force and effect from and after the date of its passage, approval, and publication in pamphlet form. AYES: NAYS: ABSENT: PASSED: APPROVED: ATTEST: APPROVED: Village Clerk Beverly Sussman Village President 9653166 3 Packet Pg. 164 9.B Ordinance No. 0-2015-70 : Ordinance Establishing a 180 Day Moratorium on New Tobacco Shops ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends that the Village Board approve an Ordinance establishing a 180 day moratorium on new tobacco shops. Currently, tobacco shops are a permitted use in the Village's business districts. Staff believes it is an appropriate time to re-examine current regulations and zoning for tobacco shops as part of staff's research with e-cigarettes. ATTACHMENTS: • BOT Tobacco Shop Referral Memo (DOCX) • Draft Tobacco Shop Ordinance (DOCX) Trustee Liaison Trustee Ottenheimer III Monday, December 7, 2015 Staff Contact Chris Stilling, Building & Zoning Updated: 12/3/2015 10:45 AM Page 1 Packet Pg. 165 9.B.a VILLACE",, OF DATE: December 8, 2015 TO: President Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development SUBJECT: Tobacco Shop Moratorium Background In addition to establishing a moratorium on new e-cigarette stores, staff would like the Village Board to consider a moratorium on any new tobacco shops in the Village. Currently, tobacco shops are a permitted use in the Village's business districts. Staff believes it is an appropriate time to re-examine current regulations and zoning for tobacco shops as part of staff's research of e-cigarettes. Specifically, staff would like to review the need to possibly consider tobacco shops as a special use in the appropriate zoning districts. Therefore, staff is recommending that the Village Board approve a 180 day moratorium on new petitions for new tobacco shops to allow sufficient time to review current tobacco regulations and zoning and, if necessary, recommend any modifications. Staff will also be working with the Village of Buffalo Grove's Planning and Zoning Commission (PZC) to address land use matters. Draft regulations will be provided to the Village Board for final consideration within the next 180 days. RECOMMENDATION Staff recommends that the Village Board approve an Ordinance establishing a 180 day moratorium on new petitions for new tobacco shops. The Village Attorney has reviewed the draft Ordinance. Page 1 of 1 Packet Pg. 166 9.B.b 12/07/2015 ORDINANCE NO. 2015 - AN ORDINANCE ESTABLISHING TEMPORARY MORATORIUM ON DEVELOPMENT OF NEW TOBACCO SHOPS IN THE VILLAGE'S BUSINESS DISTRICTS WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; WHEREAS, the Village of Buffalo Grove desires to preserve the character of the Village's business districts by encouraging the appropriate mix of retail uses in such districts; and WHEREAS, the Village finds that a local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the Village, to protect the health, safety, and welfare of our residents; and WHEREAS, tobacco shops may require greater attention and service from the Buffalo Grove Police Department for health and safety reasons; and WHEREAS, an appropriate mix of retail service uses is necessary in order to ensure the vitality and commercial character of the business districts in the Village; and WHEREAS, the best interests and welfare of the Village and its residents require that the Village better understand the potential adverse effects and consider whether additional regulations are necessary or appropriate to manage the potential overdevelopment of tobacco shops in the Village's business districts; and WHEREAS, the establishment of additional retail tobacco shops or issuance of tobacco licenses in the Village during the pendency of any such consideration may change the character of the Village's business districts to the possible detriment of the Village and its residents; and WHEREAS, in order to protect the public welfare, the Village President and Board of Trustees have determined that it is necessary and in the best interests of the Village and its residents to impose a moratorium on any petitions for zoning, special use, licenses or permits for proposed new tobacco shops in the Village's business districts, as more specifically set forth in this Ordinance, in order to provide sufficient time for the Village to consider the possible adoption of additional regulations. Packet Pg. 167 9.B.b 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: Section 1. Recitals. The foregoing recitals are hereby incorporated into and made• a part of this Ordinance by this reference. Section 2. Temporary Moratorium. A. Establishment. Beginning on the effective date of this Ordinance, no petition for concept and preliminary plan review, zoning, special use, license, permit or Tenant Use Form for a new tobacco shops as the primary use shall be approved by the Village for properties in the Village's B-1, B-2, B-3, B-4 and B-5 Districts. B. Limited Time Period. The Temporary Moratorium, unless sooner terminated by Ordinance duly adopted by the Village Board shall remain in full force and effect for a limited period of 180 days from the effective date of this Ordinance. C. Processing of New Applications. Any tobacco dealer's license or proposal to build, remodel, alter, or otherwise establish new tobacco shops, spaces or structures in the Village's 13- 1, B-2, B-3, B-4 or B-5 Districts affected by the Temporary Moratorium may still be presented to the Village for consideration, and such applications will be processed conditionally during the pendency of the Temporary Moratorium, but no such application shall be finally approved until (i) the expiration of the Temporary Moratorium, and (ii) unless the application complies with the applicable regulations in effect following the expiration of the Temporary Moratorium. Persons filing applications pursuant to this Section 2.0 shall do so at their own risk. D. Tobacco Shops. For purposes of this Ordinance, the term "tobacco shop" shall mean any establishment that sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia as the primary use. "Tobacco Retailing" shall mean the doing of any of these things as the primary use. Section 3. Report to Village Board. The Village Manager and staff are hereby authorized and directed to consider revisions to the provisions of Title 17, Zoning, of the Buffalo Grove Municipal Code regulating retail uses in the Village' business districts as well as Title 5, Business Taxes, License, and Regulations, of the Buffalo Grove Municipal Code regulating the sale of tobacco products and report their recommendations to the Village Board within 180 days of the adoption of this Ordinance. Section 4. Severability. 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 S. Effective Date. This Ordinance shall be in full force and effect from and after the date of its passage, approval, and publication in pamphlet form. Packet Pg. 168 9.B.b AYES: NAYS: ABSENT: PASSED: APPROVED: ATTEST: Village Clerk #653204 APPROVED: Beverly Sussman Village President Packet Pg. 169 9.0 Ordinance No. 0-2015-71 : Ordinance Approving an Economic Incentive Agreement with Connexion at 1700 Leider Lane ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends that the Village Board approve an Ordinance entering into an economic incentive agreement with Connexion ES, located at 1700 Leider Lane. In 2011, the Village entered into an economic incentive agreement rebating up to $500,000 to Connexion in consideration of their relocation into their current facility. Connexion has met the terms of the existing incentive agreement and is now finalizing plans to expand into an additional 63,000 square feet at their current location. To assist with their expansion efforts, Connexion has requested an amendment to the existing agreement to assist with expansion costs. Additional information can be found in the attached memorandum. ATTACHMENTS: • BOT Referral Memo Connexion Agreement (DOCX) • Connexion Ord 11.30.15 (DOCX) • Final EIA with Connexion 12.3.15 (DOCX) Trustee Liaison Trustee Ottenheimer III Monday, December 7, 2015 Staff Contact Chris Stilling, Building & Zoning Updated: 12/3/2015 2:06 PM Page 1 Packet Pg. 170 9.C.a DATE: December 8, 2015 TO: President Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development SUBJECT: First Amended and Restated Economic Incentive Agreement for Connexion BACKGROUND Connexion is an electrical equipment supplier located in a 60,000 square foot warehouse at 1700 Leider Lane in Buffalo Grove. In 2011, the Village entered into a sales tax incentive agreement rebating up to $500,000 to Connexion in consideration of their relocation from 353 Hastings Drive in Buffalo Grove. To ensure Connexion remained in Buffalo Grove, the Village Board approved the incentive agreement to assist with relocation and expansion costs. Staff has recently been approached by Connexion with a proposal to double its space at the current location to accommodate business growth. Based on sales performance, Connexion has already met the cap of the original agreement and the owners have requested an extension to the existing incentive agreement to help offset expansion costs. PROPOSED TERMS As previously noted, the terms of the existing incentive agreement have been met because Connexion has reached the incentive cap. Connexion has requested an amendment to the existing agreement to increase the incentive to $2.25 million. In addition to doubling overall lease space (total of 100,000 s.f.), they project to hire an additional 80-100 new employees. The following are some of the key terms of the proposed amendment: • The existing agreement would be amended for an additional seven (7) years (Year 2016 through Year 2022) and the cap would be $2.25 million based upon incremental sales during the new term (2016-2022). • The Village would only share its home rule sales tax of 1%, but receive no less than the original base tax of $162,207 (base). • The sales tax would be shared at the following ratio: o Year 1- 80% of the incremental sales tax received above the base ($162,207) o Year 2- 70% of the incremental sales tax received above the base ($162,207) o Year 3- 60% of the incremental sales tax received above the base ($162,207) o Year 4- 50% of the incremental sales tax received above the base ($162,207) o Year 5- 50% of the incremental sales tax received above the base ($162,207) o Year 6- 50% of the incremental sales tax received above the base ($162,207) o Year 7- 50% of the incremental sales tax received above the base ($162,207) Page 1 of 2 Packet Pg. 171 9.C.a • In the event Connexion ceases operations or relocates during the term of the agreement, the following repayment penalties would apply: o Years 1-5: 100% Repayment o Year 6: $750,000 o Year 7: $350,000 • Connexion would not be responsible for a penalty should they relocate to another larger facility within the corporate limits of the Village of Buffalo Grove. • In the event Connexion conducts less than thirty million dollars ($30,000,000.00) of taxable sales, then Connexion shall not receive more than fifty percent (50%) of that year's incremental sales tax. • Prior to the terms of the Agreement being satisfied, Connexion shall work with the Village on providing sufficient notice of its future intentions to either 1) renew the lease at the current location or 2) relocate to another facility. RECOMMENDATION Staff recommends that the Village Board approve an Ordinance entering into the attached sales tax incentive agreement with Connexion located at 1700 Leider Lane. The proposed expansion will solidify a significant investment in Buffalo Grove, while providing future revenue sources to the Village, projected to exceed $7.5 million over the seven year period. Page 2 of 2 Packet Pg. 172 9.C.b 11.30.15 CS Ordinance No. 2015 - An Ordinance Approving a First Amended and Restated Economic Incentive Agreement By and Between the Village of Buffalo Grove and LAB Development, LLC. (d.b.a. Connexion, Distributor of Electrical Equipment and Supplies and Connexion Energy Services) WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, LAB Development, LLC d.b.a. Connexion, Distributor of Electrical Equipment and Supplies and Connexion Energy Services ("Connexion") currently conducts its business at the property commonly known as 1700 Leider Lane, Buffalo Grove, Illinois; and WHEREAS, Connexion desires to expand its business in the Village of Buffalo Grove, at 1700 Leider Lane in Buffalo Grove, Illinois, to operate its distribution of electrical equipment and supply; and WHEREAS, The Village and Connexion entered into an "Economic Incentive Agreement By and Between the Village of Buffalo Grove and LAB Development, LLC," dated March 21, 2011 (the "Original Agreement"), which Original Agreement set forth the ti terms of the rebate of the sales tax revenues; and Lo 0 N WHEREAS, Subsequent to execution of the Original Agreement, the Village and p uO Connexion agree to modify the structure and terms of the Original Agreement and enter into a M a First Amended and Restated Economic Incentive Agreement (the "Agreement"), in i consideration of their expansion of operations into additional space at 1700 Leider Lane in a 0 X Buffalo Grove, Illinois. c 0 V NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF c d E TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, U 1 Q Packet Pg. 173 9.C.b ILLINOIS: Section 1. The foregoing Whereas clauses are hereby incorporated herein. Section 2. The Village President and Village Clerk are hereby authorized to execute the First Amended and Restated Economic Incentive Agreement between the Village of Buffalo Grove and LAB Development, LLC. (d.b.a. Connexion, Distributor of Electrical Equipment and Supplies and Connexion Energy Services), a copy of which is attached hereto as Exhibit "A". Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and publication. This Ordinance may be published in pamphlet form This Ordinance shall not be codified. AYES: NAYS: ABSENT: PASSED: APPROVED: PUBLISHED: ATTEST: Village Clerk 2 APPROVED: Beverly Sussman Village President Packet Pg. 174 9.C.b EXHIBIT A First Amended and Restated Economic Incentive Agreement By and Between the Village of Buffalo Grove and LAB Development, LLC. (d.b.a. Connexion, Distributor of Electrical Equipment and Supplies and Connexion Energy Services) ti 0 N 0 Packet Pg. 175 9.C.c Revised 12.3.15 FIRST AMENDED AND RESTATED ECONOMIC INCENTIVE AGREEMENT BY AND BETWEEN THE VILLAGE OF BUFFALO GROVE AND LAB DEVELOPMENT, LLC. (d.b.a. Connexion, Distributor of Electrical Equipment and Supplies and Connexion Energy Services) This First Amended and Restated Economic Incentive Agreement (the "Agreement") is d made and entered into as of the day of December, 2015, by and between the Village of L Buffalo Grove , an Illinois home rule municipal corporation (hereinafter defined as the "Village") Q and LAB Development, LLC, a Illinois limited liability company, d.b.a. Connexion, Distributor of > Electrical Equipment and Supplies and Connexion Energy Services (hereinafter defined as "Connexion"). U _ In consideration of the recitals and mutual covenants and agreements set forth herein, `E .F the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: c 0 SECTION 1. RECITALS. w c �o A. Connexion operates it business under the assumed names of "Connexion Energy Services" and "Connexion, Distributor of Electrical Equipment and Supplies". o 0 Q. B. Connexion currently conducts its business at the property commonly known as a 1700 Leider Lane, Buffalo Grove, Illinois. c C. Connexion desires to expand its business in the Village of Buffalo Grove, at 1700 Leider Lane in Buffalo Grove, hereinafter referred to as the "Premises", to operate its distribution of electrical equipment and supply. D. The single order acceptance point for Connexion's Business is conducted from the Premises. N 0 E. In order to encourage Connexion to maintain its business operation in the Village, and to assist with their expansion plans in the Village, the Village agrees, pursuant to the terms of this Agreement, to share sales tax received by the Village using a formula which corresponds to new sales tax revenue generated by the Business over a finite period of time. F. As of the date of this Agreement, the total sales tax rate within Lake County, Illinois applicable on the sale of certain tangible personal property is eight percent (8%); the State of Illinois portion which is six and one -quarter percent (6.25%), Village's Home Rule portion of which is one percent (1 %) and the Regional Transportation Authority portion which is three-quarters of one percent (0.75%). G. The Village has the power and authority to enter into this Agreement pursuant to, but without limitation, the home rule powers of the Village under Section 6, Article VII of the 1970 Constitution of the State of Illinois. Packet Pg. 176 9.C.c H. The management and control of the conduct of the operation of Connexion and its business is vested in its Class A Members who are David Rosenstein and Steve Abrams. I. The Village and Connexion entered into an "Economic Incentive Agreement By and Between the Village of Buffalo Grove and LAB Development, LLC," dated March 21, 2011 (the "Original Agreement"), which Original Agreement set forth the terms of the rebate of the sales tax revenues. J. Subsequent to execution of the Original Agreement, the Village and Connexion agreed to modify the structure and terms of the Original Agreement in consideration of their expansion of operations into additional space at the Premises. K, The Village and Connexion determined to enter into this First Amended and Restated Economic Incentive Agreement, which Agreement is intended to incorporate the terms of the Original Agreement, except to the extent the terms of the Original Agreement have been revised to reflect the new structure and terms of the sales tax rebate, and this Agreement supersedes the terms of the Original Agreement. SECTION 2. RULES OF CONSTRUCTION AND DEFINITIONS. A. The language in this Agreement shall be interpreted in accordance with the following rules of construction: (a) The word "may" is permissive and the word "shall" is mandatory; and (b) except where the context reveals the contrary: The singular includes the plural and the plural includes the singular, and the masculine gender includes the feminine and neutral. B. Whenever used in the upper case in this Agreement, the following words shall have the following meanings: Agreement. This First Amended and Restated Economic Incentive Agreement. 2. Audit. Undertaken at the sole cost and expense of the Village, a review of the books and records of the Business by the Financial Consultant for the purpose of making a determination of the amount of Municipal Sales Tax the Village should have received under the terms of this Agreement and for the purpose of verifying Connexion's compliance with the terms of this Agreement. 3. Business. All of the sales operations of Connexion that occur on the Premises, including but not limited to, the distribution and sales of electrical equipment and supplies. 4. Commencement Date. The Commencement Date shall be January 1, 2016. 5. Effective Date. The Effective Date of this Agreement shall be the date upon which Connexion has entered into a minimum seven (7) year lease with the Property Owner for the operation of the Business on the Premises, but no later than April 30, 2016. 0 N �u Packet Pg. 177 9.C.c 6. Financial Consultant. The person, firm or corporation and agents thereof authorized by the Village to conduct an Audit, at the sole cost and expense of the Village, of the Business regarding all transactions occurring during any given Sales Tax Year following the date of this Agreement. 7. Gross Receipts. The term "Gross Receipts" shall have the same meaning as that which is ascribed to it in the Retailers' Occupation Tax Act. 8. Home Rule Sales Tax. The one percent (1 %) sales tax imposed in the Village pursuant to Village's Home Rule Sales Tax Ordinance No. 2004-16 enacted in accordance with the Home Rule Municipal Retailers' Occupation Tax Act (65 ILCS 5/8- 11-1) and the Home Rule Municipal Service Occupation Tax Act (65 ILCS 5/8-11-5). Pursuant to the Home Rule Municipal Retailers' Occupation Tax Act, said tax shall not be imposed upon an item of tangible personal property titled or registered with an agency of the State of Illinois. 9. Incremental Municipal Sales Tax. The additional Municipal Sales Tax generated by Connexion from the expansion in excess of the base Municipal Sales Tax to the Village of $162,207.00. 10. Municipal Sales Tax. That portion or component of the Village's Home Rule Sales Tax (1 %) generated on the Premises that the Village receives from the State of Illinois, not including the Village's share of the Retailer's Occupation Tax. 11. Municipal Sales Tax Payment. The payment to Connexion of a portion of the Municipal Sales Tax that the Village is required to make pursuant to Section 4 of this Agreement. 12. Payment Date. Within ninety (90) days after the end of each Sales Tax Year. L 0 13. Premises. A suite within the structure located at the commonly known address of 1700 Leider Lane, Lake County, Buffalo Grove, Illinois. The combined LO leasable area for Connexion on the Premises shall be a minimum of seventy-five N thousand (75,000) square feet during the terms of this agreement. 0 LO 14. Retailer's Occupation Tax Act. The Illinois Retailers' Occupation Tax M Act, 35 ILCS 120/1 et seq., as the same has been, and may, from time to time hereafter be, amended. c X 15. Sales Tax(es). Any and all taxes imposed and collected by the State ofCD Illinois pursuant to the Home Rule Sales Tax, the Retailer's Occupation Tax Act, the o Service Occupation Tax Act, the Service Use Tax Act, or the Use Tax Act. v 16. Sales Tax Year. The period of time commencing on the Commencement 3 a Date of January 1, 2016 and ending on the date that is one year after the w Commencement Date, and each of the six (6) succeeding one year periods thereafter, ending December 31, 2022. ii Packet Pg. 178 9.C.c 17. Service Occupation Tax Act. The Illinois Service Occupation Tax Act, 35 ILCS 115/1 et seq., as the same has been, and may, from time to time hereafter be, amended. 18. Service Use Tax Act. The Illinois Service Use Tax Act, 35 ILCS 110/1 et seq., as the same has been, and may, from time to time hereafter be, amended. 19. Use Tax Act. The Illinois Use Tax Act, 35 ILCS 105/1 et seq., as the same has been, and may, from time to time hereafter be amended. 20. Village or Village of Buffalo Grove. The Village of Buffalo Grove, an Illinois municipal corporation and home rule unit as described in the Illinois Constitution. SECTION 3. CONNEXION'S OBLIGATIONS A. Lease Extension. Connexion shall extend their current lease for their existing space of sixty-one thousand four -hundred sixteen (61,416) square feet on the Premises for a term of not less than seven (7) years from the Commencement Date of this Agreement. B. Lease Expansion. Connexion shall enter into a lease for up to an additional sixty-three thousand one -hundred eighty-nine (63,189) square feet on the Premises for a term of not less than seven (7) years from the Commencement Date of this Agreement. The combined leasable area for Connexion on the Premises shall be a minimum of seventy-five thousand (75,000) square feet during the term of this Agreement. C. Failure to Extend and Expand. In the event Connexion is unable to extend their current lease or not lease the additional space on the Premises by May 1, 2016, the Village shall have no obligation whatsoever to perform any of the Municipal Sales Tax Payments set forth in Section 4 of this Agreement. Upon a written request by Connexion, this provision may be extended by the Village Manager to July 1, 2016. SECTION 4. MUNICIPAL SALES TAX PAYMENT. A. The Village shall pay Connexion the Municipal Sales Tax Payment on or before the Payment Date an amount equal to the following formulas: 1. For the first Sales Tax Year (January 1, 2016 through December 31 2016), eighty percent (80%) of that year's Incremental Municipal Sales Tax above the base Municipal Sales Tax to the Village of $162,207.00. 2. For the second Sales Tax Year (January 1, 2017 through December 31 2017), seventy percent (70%) of that year's Incremental Municipal Sales Tax above the base Municipal Sales Tax to the Village of $162,207.00. 3. For the third Sales Tax Year (January 1, 2018 through December 31 2018), sixty percent (60%) of that year's Incremental Municipal Sales Tax above the base Municipal Sales Tax to the Village of $162,207.00. 4. For the fourth Sales Tax Year (January 1, 2019 through December 31 2019), fifty percent (50%) of that year's Incremental Municipal Sales Tax above the base Municipal Sales Tax to the Village of $162,207.00. 0 N �u Packet Pg. 179 9.C.c 5. For the fifth Sales Tax Year (January 1, 2020 through December 31 2020), fifty percent (50%) of that year's Incremental Municipal Sales Tax above the base Municipal Sales Tax to the Village of $162,207.00. 6. For the sixth Sales Tax Year (January 1, 2021 through December 31 2021), fifty percent (50%) of that year's Incremental Municipal Sales Tax above the base Municipal Sales Tax to the Village of $162,207.00. 7. For the seventh Sales Tax Year (January 1, 2022 through December 31 2022), fifty percent (50%) of that year's Incremental Municipal Sales Tax above the base Municipal Sales Tax to the Village of $162,207.00. B. The amount due pursuant to this Agreement shall not be a general obligation of c the Village. The Village shall not have an obligation to pay any amounts to Connexion except an amount equal to the Village's Municipal Sales Tax share actually received from Illinois r_ Department of Revenue on account of the Business and not exceeding the Sales Tax rates as E set forth in this Agreement. c 0 C. The Village shall continue the Municipal Sales Tax Payments for seven (7) years w c through the term of this Agreement or for an incentive of two -million two -hundred fifty -thousand dollars ($2,250,000.00), whichever comes first. c 0 D. In the event that any Sales Tax returns that have been submitted to the Village a are amended, Connexion shall promptly forward a photocopy of such amended sales tax a returns to the Village, clearly identifying them as an amendment of a Sales Tax return previously U submitted to the Village. E. Should Connexion relocate or cease its Business on the Premises within five (5) 0 years of the Commencement Date of this Agreement, then Connexion shall reimburse to the Village 100% of the Municipal Sales Tax Payments received pursuant to this Agreement. Said LO reimbursement to the Village shall be made within ninety (90) days of relocation or cessation of c the Business on the Premises. N 0 F. Should Connection relocate or cease operations after five (5) years of the Commencement Date of this Agreement then Connexion shall reimburse to the Village seven hundred fifty thousand dollars ($750,000.00). Said reimbursement to the Village shall be made within ninety (90) days of relocation or cessation of the Business on the Premises. G. Should Connection relocate or cease operations after six (6) years of the Commencement Date of this Agreement then Connexion shall reimburse to the Village three hundred seventy-five thousand dollars ($375,000.00). Said reimbursement to the Village shall be made within ninety (90) days of relocation or cessation of the Business on the Premises. H. In the event Connexion conducts less than thirty million dollars ($30,000,000.00) of taxable sales at the Premises in any Sales Tax Year identified in Section 4A, then Connexion shall not receive more than fifty percent (50%) of that year's Incremental Municipal Sales Tax. Packet Pg. 180 9.C.c I. Connexion shall provide, upon request by the Village, certified copies of all expenses relating to and in conjunction with the expansion at 1700 Leider Lane in Buffalo Grove, Illinois prior to any Municipal Sales Tax Payment. J. Prior to the terms of the Agreement being satisfied, Connexion shall work with the Village on providing sufficient notice of its future intentions to either renew their lease at their current location or relocate to another facility. Connexion shall not be responsible for a penalty outlined in Sections 4. E., F., and G., should they relocate to another larger facility within the corporate limits of the Village of Buffalo Grove SECTION 5. LITIGATION AND DEFENSE OF AGREEMENT. A. Litigation. If, during the term of this Agreement, any lawsuits or proceedings are filed or initiated against either party before any court, commission, board, bureau, agency, unit of government or sub -unit thereof, arbitrator, or other instrumentality, that may materially affect or inhibit the ability of either party to perform its obligations under, or otherwise to comply with, this Agreement ("Litigation"), the party against which the Litigation is filed or initiated shall promptly deliver a copy of the complaint or charge related thereto to the other party and shall thereafter keep the other party fully informed concerning all aspects of the Litigation. B. Defense. The Village and Connexion each agree to use their respective best efforts to defend the validity of this Agreement, and all ordinances and resolutions adopted and agreements executed pursuant to this Agreement, including every portion thereof and every approval given, and every action taken, pursuant thereto. SECTION 6. REMEDIES. A. Remedies. In the event of a breach or an alleged breach of this Agreement by either party, either party may, by suit, action, mandamus, or any other proceeding, in law or in equity, including specific performance, enforce or compel the performance of this Agreement. Any claim or suit related to this Agreement shall be filed in the Circuit Court of Lake County. LO The prevailing party shall be entitled to recovery of its attorney's fees and costs. 0 N B. Notice and Cure. Neither party may exercise the right to bring any suit, action, o mandamus or any other proceeding pursuant to Subsection A of this Section without first giving W written notice to the other party of the breach or alleged breach and allowing 15 days to cure the M breach or alleged breach; provided, however, that if the party accused of the breach or alleged breach cannot cure the condition within 15 days after the notice, notwithstanding the party's c diligent and continuous effort, promptly commenced and diligently continued upon receipt of the X notice, then the period to cure the violation or failure shall be extended for the time necessary to cure the violation with diligence and continuity, but in no event longer than 180 days unless 0 extended in writing by the non -breaching party. s SECTION 7. TERM. This Agreement shall be in full force and effect from and after the date of its execution until the date that is the earlier to occur of (a) the date that is seven (7) years after the Commencement Date (December 31, 2022) or (b) until a total of two -million two -hundred fifty - thousand dollars ($2,250,000.00), is paid to Connexion pursuant to this Agreement. Packet Pg. 181 9.C.c SECTION 8. RELEASE OF INFORMATION. A. Prior to any payments by the Village of any sums as provided for in this Agreement, Connexion shall cause to be delivered to the Village, on a quarterly basis, the Illinois Retailers' Occupation Tax, Use Tax and Service Occupation Tax returns and/or other documentation submitted by Connexion to the Illinois Department of Revenue, which detail the amount of Sales Tax that Connexion paid to Illinois Department of Revenue with respect to Connexion's Business. If necessary, Connexion shall provide the Village with a limited power of attorney, addressed to and in a form satisfactory to the Illinois Department of Revenue, authorizing the Illinois Department of Revenue to release to the Village all gross revenue and Sales Tax information submitted by Connexion to the Illinois Department of Revenue. Additionally, in the event that the Illinois Department of Revenue does not make available to the Village said documentation, Connexion shall provide alternative documentation that details the amount of Sales Taxes that Connexion paid to the Illinois Department of Revenue. SECTION 9. GENERAL PROVISIONS. A. Complete Agreement; Supersedence. This Agreement constitutes the complete agreement of the parties regarding the payment of Municipal Sales Tax to Connexion and shall supersede and nullify all prior drafts and agreements concerning the payment of Municipal Sales Tax to Connexion. B. Amendments. No amendment to, or modification of, this Agreement shall be effective unless and until it is in writing and is approved by the authorized representative of Connexion and by the Village of Buffalo Grove corporate authorities by Ordinance duly adopted, and executed and delivered by the authorized representatives of each party. C. Notices. Any notice or other communication required or permitted to be given under this Agreement shall be in writing, and shall be deemed delivered to and received by the addressee thereof when delivered in person at the address set forth below, or three business days after deposit thereof in any main or branch United States Post Office, certified or registered mail, return receipt requested, postage prepaid, properly addressed to the parties, respectively, as follows: For notices and communications to the Village with a copy to: For notices and communications to Connexion with a copy to: Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, Illinois 60089 Attention: Director of Finance William G. Raysa, Esq. Tressler LLP, 233 S Wacker Drive, 22nd Floor Chicago, IL. 60606 Mr. Steve Abrams LAB Development LLC 1700 Leider Lane Buffalo Grove, Illinois 60089 David Pogrund LO 0 N ru Packet Pg. 182 9.C.c Stone, Pogrund & Korey 1 East Wacker Drive, Suite 2610 Chicago, Illinois 60601 By notice complying with the foregoing requirements of this paragraph, each party shall have the right to change the address or addressee or both for all future notices and communications to such party, but no notice of change of address shall be effective until actually received. D. Indemnity. Connexion shall and hereby agrees to defend, hold harmless and indemnify the Village, its President, Trustees, officers, employees, agents and attorneys from and against any and all claims, demands, suits, damages, liabilities, losses, expenses, and judgments which may specifically arise out of the subject matter of this Agreement regarding sales tax refunds. The obligation of Connexion in this regard shall include but shall not be limited to all costs and expenses, including reasonable attorneys' fees, incurred by the Village in responding to, defending against, or settling any such claims, demands, suits, damages, liabilities, losses, expenses orjudgments specifically and only arising from the subject matter referred to in this Agreement concerning sales tax refunds. Connexion covenants that it will reimburse the Village, or pay over to the Village, all sums of money the Village pays, or becomes liable to pay, by reason of any of the foregoing, and will make payment to the Village as soon as the Village becomes liable therefore. In any suit or proceeding brought hereunder, the Village shall have the right to appoint counsel of its own choosing to represent it. Notwithstanding the foregoing to the contrary, Connexion shall not be liable to defend, indemnify, release and/or hold harmless the Village as defined in Paragraph D above unless Connexion is in breach of this agreement and such breach has not been cured within 30 days of the date that the Village notifies Connexion. E. Governing Law. This Agreement and the rights of the parties hereunder shall be governed by, and construed, interpreted, and enforced in accordance with, the internal laws, and not the conflict of law rules of the State of Illinois. p F. Interpretation. This Agreement has been negotiated by all parties and shall not be interpreted or construed against the party drafting the Agreement. c N G. Change in Laws. Unless otherwise explicitly provided in this Agreement, any o reference to laws, ordinances, rules, or regulations of any kind shall include such laws, ordinances, rules, or regulations of any kind as they may be amended or modified from time to M time hereafter. c 0 H. Headings. The headings of the sections, paragraphs, and other parts of this X Agreement are for convenience and reference only and in no way define, extend, limit, or describe the meaning, scope, or intent of this Agreement, or the meaning, scope, or intent of 0 any provision hereof. s 3 I. Time of Essence. Time is of the essence in the performance of all terms and g provisions of this Agreement. w c J. Severability. It is the express intent of the parties hereto that should any provision, covenant, agreement, or portion of this Agreement or its application to any person, entity, or property be held void, invalid, or unenforceable by a court of competent jurisdiction, Packet Pg. 183 9.C.c such action shall not effect the remainder of this Agreement, which shall continue in full force and effect. K. No Third Party Beneficiaries. Nothing in this Agreement shall create, or be c 2 construed to create, any third party beneficiary rights in any person or entity not a signatory to this Agreement. o L. Counterparts. This Agreement may be executed in any number of multiple identical counterparts and all of said counterparts shall, individually and taken together 3 constitute the Agreement. E M. Assignment. Connexion may not assign this Agreement or the amounts, in 0) whole or part, to be paid hereunder without the Village's prior written consent. The Village Q acknowledges that this Agreement is an obligation which runs to Connexion and is not a > covenant running with the land. Notwithstanding the foregoing, in the event that Connexion sells all of its assets, or the principals of Connexion sells all or substantially all of their stock, U and following the sale, the operations of the Business remain substantially the same and in = conformance with all obligations of the Agreement, this Agreement will remain in full force and 2 affect and Village will grant its approval of the Assignment of the Agreement. The assignee is 0 bound by all of the terms and conditions of the Agreement. 0 w O. Audit. Upon prior written notice to Connexion, and at a place and time that is mutually beneficial to both parties, the Village shall have the right to conduct an Audit of Connexion to inspect and review those books and records which are directly related to 0 establishing Gross Receipts for any Sales Tax Year, Base Year, or any portion thereof. a a a P. No Village Obligation. The parties acknowledge and agree that none of the terms, conditions or provisions of this Agreement shall be construed, deemed, or interpreted as (i) a restriction or prohibition on the Village from eliminating or amending it Home Rule Sales Tax, or (ii) a requirement to impose a sales or other tax for the purpose of providing a source of 0 funds for the Municipal Sales Tax Payment. Q. Loss of Authority. In the event that the Village's authority to enter into thisLO Agreement or to pay the Municipal Sales Tax Payment to Connexion pursuant to this N Agreement are repealed, become unexercisable, null and void or otherwise become invalid then o the Village's obligations hereunder shall cease and no further obligations shall be required of Ln the Village. M N R. Certifications. Each party hereto certifies hereby that it is not barred from c entering into this Agreement as a result of violations of either Sections 33E-3 or 33E-4 of the X Illinois Criminal Code (720 ILCS 5/33 —E-3, 5/33-E-4), that it has a written policy against sexual 0) harassment in place in full compliance with 775 ILCS 5/2-105(A)(4), and it is in compliance with 0 the Illinois Drug Free Workplace Act (30 ILCS 580/2). S. Prevailing Wage. Connexion shall comply with the Illinois Prevailing Wage Act a (820 ILCS 130/0.01) during the term of this agreement. W Packet Pg. 184 9.C.c IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the date first above written. VILLAGE OF BUFFALO GROVE By: ATTEST: Village Clerk Village President LAB DEVELOPMENT, LLC. By all its Class A Members am David Rosenstein Its: Class A Member and Manager ATTEST: Its: is Steve Abrams Its: Class A Member ATTEST: Its: 0 N ru Packet Pg. 185 9.C.c :01 �J r ti _� O N 0 LO 7 M N _ O k d _ _ O U t �3 a w ii m E �a a Packet Pg. 186 9.C.c ACKNOWLEDGEMENT STATE OF ILLINOIS SS COUNTY OF LAKE This instrument was acknowledged before Beverly Sussman, the Village President of the VILLAGE home rule municipal corporation, and by Janet Sirabian, corporation. SEAL: My Commission expires: me on , 2015 by OF BUFFALO GROVE, an Illinois the Village Clerk of said municipal Signature of Notary 0 N ru Packet Pg. 187 9.C.c ACKNOWLEDGEMENT STATE OF ILLINOIS SS COUNTY OF LAKE This instrument was acknowledged before me on , 2015 by David Rosenstein and Steve Abrams, the Class A Members of LAB DEVELOPMENT, LLC., an Illinois limited liability company. Signature of Notary SEAL: My Commission expires: 0 N ru Packet Pg. 188 9.D Ordinance No. 0-2015-72 : Ordinance for the Levy and Collection of Taxes for the Fiscal Year Commencing on the 1St Day of January, 2016 and Ending on the 31St Day of December, 2016 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Recommendation of Action Approval of tax levy ordinance Attached is the Village's Calendar 2015 Property Tax Levy Ordinance for consideration by the Village Board. The proposed levy will be extended against all assessed and equalized real property for collection in calendar 2016. Total property taxes levied at this time are $15,400,849 an increase of $479,237, or 3.21 percent, from the 2014 levy. ATTACHMENTS: • 2015 Tax Levy Ordinance - Cover Letter (DOCX) • 2015 Tax LevyOrdinance-Text (DOCX) • Levy 2015 (PDF) Trustee Liaison Trustee Johnson Monday, December 7, 2015 Staff Contact Scott Anderson, Finance Updated: 12/7/2015 12:08 PM Page 1 Packet Pg. 189 9.D.a ilAGE OF �i�U(°° F , 110 E TO: DANE C. BRAGG FROM: SCOTT D. ANDERSON SUBJECT: PROPERTY TAX LEVY ORDINANCE DATE: 12/8/2015 Attached is the Village's Calendar 2015 Property Tax Levy Ordinance for consideration by the President and Board of Trustees. The proposed levy will be extended against all assessed and equalized real property for collection in calendar 2016. Total property taxes proposed to be levied are $15,400,849 an increase of $479,237, or 3.21 percent, from the 2014 levy. PROPER111TV TAX I.EVY'COMP( )NEWTS Corporate Levy The combined Corporate Tax Levy requested for extension totals $8,475,960. This compares to the 2014 gross levy request of $8,147,875 resulting in an increase of $328,085 or 4.03 percent. The Corporate Levy increase in the current year (2014 levy) was 3.57 percent. In calculating the specific request for the combined Corporate Tax Levy, the following individual tax categories are included: • Police Protection ($3,222,097) • Fire Protection ($5,253,862) In an effort to continue with the future transition to program based budgeting, the Corporate Levy has been restructured to better align essential Village services (public safety departments) with its most stable source of revenue (property taxes). The increase in the Fire Department budget is $348,065 for FY 2016 and the Police Department's FY 2016 Budget increase is $359,265. The budget increases in public safety operations are due to wage increases dictated by collective bargaining agreements, rising health insurance costs, and capital equipment. Approximately $2.6 million in police and fire apparatus are scheduled to be replaced in FY 2016. The total budget for public safety is $26,725,894. The Corporate Property Tax Levy covers thirty-two percent of public safety expenditures. Revenues generated through fees and fines cover an additional six percent of the operating budget. Sixty-two percent of the departmental expenditures are funded through other unallocated sources of revenue. In light of the instability in efforts to balance the State of Illinois Budget, and corresponding threats to state shared revenues with municipalities, staff continues to try and reduce the reliance of public safety operations on unallocated revenues. Page 1 of 7 Packet Pg. 190 9.D.a The following chart shows the allocation of revenues to fund public safety operations. Public Safety Revenue Allocation Property tax 32% Unallocated Revenue 62% Fees & Fines 6% The ten year average annual growth in the Corporate Levy is 4.71 percent. That figure includes a significant spike in 2007 when the Village Vehicle Sticker Program was eliminated and the program revenues were shifted to the property tax levy. If the revenue transfer did not occur, the average increase drops to 2.72 percent. Special Purpose and Pension Levies Four pension or Special Purpose levies will be extended as required by the Illinois Pension Code. They are for: 1. Illinois Municipal Retirement Fund 2. Social Security 3. Police Pension Fund 4. Fire Pension Fund The IMRF levy was developed based on salary projections for calendar 2016 for all participating T" 0 N U- S.. W N d k �a H 4- 0 c 0 U 0 0 t� c �a m J 0 s a� c c� c O N ti LO O N O L rt+ J L d 0 V d U r- i O 0 J x M LO O N c 0 E s Q Page 2 of 7 Packet Pg. 191 9.D.a employees other than those employed in the enterprise funds. Projected salaries of water, sewer and golf course employees are deducted from the gross salary and wage projections because pension obligations are accounted for within those funds as operational expenses rather than as part of the extension of a tax levy. The calendar 2016 employer payroll contribution rate totals 13.87 percent of qualifying salary, a 1.24 percent change from the 2015 rate of 13.70 percent. To minimize spikes, IMRF uses a five year rolling average to calculate fund performance in order to smooth out peaks and valleys in returns. By statute, a minimum investment return must be earned, if not, the employer must make up that difference. There is a general wage increase of 2.5 percent proposed in the 2016 budget. Any final funding deficiency will be made up with interest income and General Fund reserves. Similar to the IMRF Levy the Social Security levy was developed based on salary projections for calendar 2016 for all participating employees other than those employed in the enterprise funds. The calendar 2016 employer payroll contribution rate totals 6.2 percent of qualifying salary ($118,500) for Social Security and 1.45 percent for Medicare. The Police Pension Fund levy has been calculated by an independent actuary based on an actuarial review of the Fund and its membership as of December 31, 2014. The Municipal Compliance Report for the Fund has been completed and was presented to the President and Board of Trustees on December 7, 2015. Likewise, the Fire Pension Fund levy has been calculated by the actuary as of December 31, 2014, following the same criterion employed for the Police Pension Fund. The Municipal Compliance Report for the Fund was also completed and presented to the President and Board of Trustees on December 7, 2015. The Village continues to utilize an independent actuary to review the funds for the purpose of calculating a levy. The interest rate assumption for both funds is seven percent. In the future, given the current interest rate environment is may be necessary to revise the interest rate assumption lower by .25 or .5 percent. The actuarial reports were provided to the individual pension funds and the amount requested to be levied was approved by the Police and Firefighters' Pension Boards. The levies requested for the four pension programs total $6,117,826 versus $5,968,924 levied resulting in an increase of $148,902 or a 2.5 percent increase. The ten year history of annual growth in the Special Purpose/Pension Levies is depicted below. Page 3 of 7 Packet Pg. 192 9.D.a Debt Service Levy The debt levies to be considered are for the following issues and purposes: • Corporate Purpose Bonds -Series 2012: funding annual street maintenance program. • Corporate Purpose Bonds -Series 201OA: refunding the Village's Series 2001A, 2001B funding for facilities improvements at the Arboretum Golf Club. • Corporate Purpose Bonds- Series 201OB: funding for village -wide drainage improvements. The total amount levied is $807,063 versus $804,813 for the 2014 levy, an increase of $2,250 or .28 percent. The ten year history of annual growth in the Debt Service Levy is shown below. Page 4 of 7 Packet Pg. 193 9.D.a PROPEPTI Y7AX BASE The estimated tax base that the levy will be extended against is estimated to be $1,425,060,788. The total property tax base for the 2015 levy increased by .56 percent. Components of the increase included a Lake County increase of .34 percent and Cook County increase of 1.47 percent. Over the last ten years, Cook County growth has averaged an annual decline of 1.74 percent while Lake County's ten-year average decline is .97 percent. The graph below illustrates the ten year change. ................................................................................................................................................................................................................................. Equalized Assessed Valuation l I 131. IT, ITI 3 I' 1 1 , Cook County W Total EAV Ld Lake Couty S The proposed levy will be extended in both Cook and Lake County based on the percentage values calculated by the Illinois Department of Revenue. These percentages fluctuate annually and are meant to properly allocate the tax burden between the two counties. The 2015 allocations were 23.13 percent for Cook County and 76.87 percent for Lake. Based on these allocations, as certified by the IDOR, the gross weighted tax levy extended per $100 equalized assessed value would equal $1.081, which compares to an initial tax levy rate of $1.053 for 2014. The following charts show the pre -abatement tax levies amounts over the last three years. These are estimated rates based on gross dollar levies prior to any abatement or collection adjustments as well as forecast levels of assessed valuation. Any increase in assessed equalized valuation above the estimate used in developing this levy will have the positive effect of lowering the final extension rates The chart below shows the proposed component of the levy as measured against the current year's extension Page 5 of 7 Packet Pg. 194 9.D.a Corporate 0.00 0.0000 0.00 0.0000 0.00 2,416,829.13 ca Street and Bridge 0.00 0.0000 0.00 0.0000 0.00 758,163.57 0 N Street Lighting 0.00 0.0000 0.00 0.0000 0.00 257,045.83 >- Police Protection 745,271.06 0.2629 2,476,826.05 0.2170 3,222,097.11 570,041.70 0 Fire Protection 1,215,218.41 0.4287 4,038,644.16 0.3538 5,253,862.58 4,076,244.16 y ESDA 0.00 0.0000 0.00 0.0000 0.00 13,600.31 k Crossing Guard 0.00 0.0000 0.00 0.0000 0.00 55,950.03 H 1,960,489.48 0.6915 6,515,470.21 0.5707 8,475,959.69 8,147,874.73 O 110IIIII III II IMRF/Social Security 347,633.49 0.1226 1,155,321.51 0.1012 1,502,955.00 1,537,616.00 p Corp. Purpose Bonds Facilities (2010A) 92,612.52 0.0327 307,787.48 0.0270 400,400.00 398,525.00 d Corp. Purpose Bonds Facilities (2010B) 62,251.62 0.0220 206,886.38 0.0181 269,138.00 268,763.00 Corp. Purpose Bonds Facilities (2012) 31,809.53 0.0112 105,715.47 0.0093 137,525.00 137,525.00 V Police Pension 564,427.28 0.1991 1,875,811.72 0.1643 2,440,239.00 2,256,676.00 C Fire Pension 502,992.38 0.1774 1,671,639.62 0.1464 2,174,632.00 2,174,632.00 >, > 3,562,216.30 1.2565 11,838,632.39 1.0371 15,400,848.69 14,921,611.73 �I 0) J t w (1 V C IIIII m. m. 8,475,959.69 8,147,874.73 328,084.96 4.03% . 1,502,955.00 1,537,616.00 (34,661.00) -2.25% III (II 4,614,871.00 4,431,308.00 183,563.00 4.14% O 807,063.00 804,813.00 2,250.00 0.28% N 15,400,848.69 14,921,611.73 479,236.96 3.21% ti LO 0 N O T ABATEMENTS r� Abatements adopted for credit against the 2014 Debt Service Levies totaled $200,000. Abatements r� will be presented for consideration on December 215t that will reduce the total levy. Consideration will be based on an analysis of debt service fund balance, operating reserves, transfers from ° t) operations, and alternative funding sources, especially from water and sewer as well as golf rates and fees. U ca c Tax Abatements: Any property tax levy can be reduced up to 100% of the original request prior to i O the final extension of taxes. As stated, complete and/or partial abatements will be presented on December 215t for the debt service levies. The recommended abatements to be presented that X evening will lower the total amount levied by $200,000 resulting in a 2015 levy that is 3.26 percent M more than the previous year. uO c N TR 1 H-1N-T XA ly e . Truth -in -Taxation: The Act establishing Truth -in -Taxation requires that notice and a hearing be conducted if the proposed tax levies for Corporate and Special Purpose Tax Levies exceed the prior a year's extension by 5 percent or more. That determination was made and entered into the public record on Monday, November 2, 2015. At that time, it was determined that the 5 percent threshold Page 6 of 7 Packet Pg. 195 9.D.a would not be exceeded and therefore, a formal hearing would not be required. As for the primary obligations under Truth In Taxation, the proposed levies for Corporate and Special Purpose levies total $14,593,786 compared to the final 2014 extension plus adopted abatements of $14,116,799, an increase of 3.38 percent. The Corporate Authorities, within the parameters of the Act, have made the appropriate levy determination. The following charts provide both a ten year analysis of the levies for truth in taxation calculations and for the full tax levy. Components of Tax Levy - Truth in Taxation Net of Debt Service i 1 I CONCUMON The 2015 Property Tax Levy as proposed does not contemplate any new levies. There was redistribution of levy dollars within the Corporate Levy to better align core services with core property tax revenues. The net increase in the Corporate Levy due to increased costs associated with collective bargaining agreements, health insurance, and capital equipment. The 3.26 percent growth in the levy is consistent with many of the Village's comparable communities including; Arlington Heights 2.79% Elk Grove 5.05% Glenview 3.82% Mt. Prospect 3.28% Northbrook 7.48% Wheeling 11.00% Wilmette 3.34% The final levy as adopted will be reviewed for abatement opportunities, several of which will be processed before calendar year-end. Page 7 of 7 Packet Pg. 196 9.D.b ORDINANCE NO. 2015- AN ORDINANCE FOR THE LEVY AND COLLECTION OF TAXES FOR THE FISCAL YEAR COMMENCING ON THE 1ST DAY OF JANUARY, 2016 AND ENDING ON THE 31ST DAY OF DECEMBER, 2016 BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COUNTIES OF COOK AND LAKE, ILLINOIS, A HOME -RULE MUNICIPALITY: SECTION 1. There is hereby levied upon all the taxable property within the corporate limits of said Village of Buffalo Grove, Counties of Cook and Lake, State of Illinois, the total sum of Fifteen Million Four Hundred Thousand Eight Hundred Forty -Nine Dollars ($15,400,849) for the following specific purposes and for the fiscal year commencing January 1, 2016 and ending December 31, 2016. SECTION 2. General Corporate Tax. A tax is hereby imposed for the General Corporate purposes in this Village in the amount of Eight Million Four Hundred Seventy -Five Thousand Nine Hundred Sixty Dollars ($8,475,960) spread equally over the value, as assessed and equalized by the Department of Revenue of all the taxable property within the corporate limits therein. SECTION 3. Illinois Municipal Retirement Fund Tax. A further tax is hereby imposed for the purpose of Village retirement in this Village in the amount of Eight Hundred Twenty -Six Thousand Five Hundred Fifty -Seven Dollars ($826,557) spread equally over the value, as assessed and equalized by the Department of Revenue of all taxable property therein, all in accordance with the provisions of Chapter 40, Section 5/7-171 of the Illinois Pension Code. SECTION 4. Social Security Fund. A further tax is hereby imposed for the purpose of Village retirement in this Village in the amount of Six Hundred Seventy -Six Thousand Three Hundred Ninety -Eight Dollars ($676,398) spread equally over the value, as assessed and equalized by the Department of Revenue of all property therein, all in accordance with the provisions of Chapter 40, Section 5/21-110 & 110.1 of the Illinois Pension Code. SECTION 5. Police Pension Fund. A further tax is hereby imposed for the purpose of continuing to provide a Police Pension Fund in this Village in the amount of Two Million Four Hundred Forty Thousand Two Hundred Thirty -Nine Dollars ($2,440,239) spread equally over the value, as assessed and equalized by the Department of Revenue of all the taxable property therein all in accordance with the provision of Chapter 40, Section 5/3-125 of the Illinois Pension Code. SECTION 6. Firefighter's Pension Fund. A further tax is hereby imposed for the purpose of continuing to provide a Firemen's Pension Fund in this Village in the amount of Two Million One Hundred Seventy -Four Thousand Six Hundred Thirty -Two Dollars ($2,174,632) spread equally over the value, as assessed and equalized by the Department of Revenue of all the taxable property therein, all in accordance with the provisions of Chapter 40, Section 5/4-118 of the Illinois Pension Code. SECTION 7. Corporate Purpose General Obligation Bonds — Series 2012. A further tax is hereby imposed for the retirement of Corporate Purpose General Obligation Bonds, bond principal and interest, in the amount of One Hundred Thirty -Seven Thousand Five Hundred Twenty -Five Dollars ($137,525) spread equally over the value, assessed and equalized by the Department of Revenue of all taxable property therein, all in accordance with Chapter 65, Section 5/8-4-25 of the Illinois Municipal Code and by adoption of Ordinance No. 2012-036. SECTION 8. Corporate Purpose General Obligation Bonds -Series 2010-A. A further tax is hereby imposed for the retirement of Corporate Purpose General Obligation Bonds, bond principal and interest, in the amount of Four Hundred Thousand Four Hundred Dollars ($400,400) spread equally over the value, assessed and equalized by the Department of Revenue of all taxable property therein, all in accordance with Chapter 65, Section 5/8-4-25 of the Illinois Municipal Code and by adoption of Ordinance No. 2010-023. SECTION 9. Corporate Purpose General Obligation Bonds -Series 2010-B. A further tax is hereby imposed for the retirement of Corporate Purpose General Obligation Bonds, bond principal and interest, in the amount of Two Hundred Sixty -Nine Thousand One Hundred Thirty -Eight Dollars ($269,138.00) spread equally over the value, assessed and equalized by the Department of Revenue of all taxable property therein, all in accordance with Chapter 65, Section 5/8-4-25 of the Illinois Municipal Code and by adoption of Ordinance No. 2010-023. Packet Pg. 197 9.D.b SECTION 10. A recapitulation of the foregoing levied funds is as follows: LEVIED FUNDS General Corporate $ 8,475,960 Illinois Municipal Retirement Fund 826,557 Social Security Fund 676,398 Police Pension Fund 2,440,239 Firefighter's Pension Fund 2,174,632 Facilities Development Debt Service -Series 2012 137,525 Facilities Development Debt Service -Series 2010-A 400,400 Facilities Development Debt Service -Series 2010-B 269,138 Grand Total Tax Levy $ 15,400,849 SECTION 11. The Village Clerk is hereby authorized to file a copy of this Ordinance, duly certified, along with any statutory representations or certifications, with the County Clerk of Cook County, Illinois, and the County Clerk of Lake County, Illinois, within the time limit prescribed by law. SECTION 12. If any item or portion of this Ordinance is for any reason held invalid, such decision shall not affect the validity of the remaining portion of such item or the remaining portion of this Ordinance. SECTION 13. Detailed Appropriations by line item for the fiscal year commencing on the 1st day of January 2016 and ending on the 31st day of December 2016, along with corresponding levy by Fund are attached as Exhibit "A" to this Ordinance. SECTION 14. That this Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: NAYES: ABSENT: PASSED this _day of 12015. APPROVED this ATTEST: Village Clerk day of Village President 2015. 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Recommendation of Action Approval of budget. Attached, please find a Ordnances for consideration by the President and Board of Trustees formally adopting the Village's FY 2016 Budget. A public hearing was conducted for the budget presentation as part of the Regular Board Meeting held on November 16, 2015. The draft budget was provided to the Village Board on October 30, 2015. The budget was published electronically on the Village's web site at the same time. A copy was made available to the public as part of the notice of the public hearing. The final draft budget has been published at the following link, along with the November 16 presentation material: http://www.vbg.org/530/Budget ATTACHMENTS: Budget Ordinance (DOC) Trustee Liaison Trustee Johnson Monday, December 7, 2015 Staff Contact Scott Anderson, Finance Updated: 12/3/2015 1:18 PM Page 1 Packet Pg. 252 9.E.a ORDINANCE NO. 2015 - ADOPTING THE FISCAL 2016 (JANUARY 1-DECEMBER 31, 2016) BUDGET FOR THE VILLAGE OF BUFFALO GROVE WHEREAS, in accordance with Section 8-2-9.1 et. Seq. of the Illinois Municipal Code, 65 ILCS 5/8-2-9.1 etseq., and Section 2, Chapter 8 of the Village of Buffalo Grove Municipal Code, the President and Board of Trustees of the Village of Buffalo Grove have adopted the budget officer system; and WHEREAS, pursuant to Section 8-2-9.4 of the Illinois Municipal Code, 65 ILCS 5/8-2-9.4 and Section 2 of the Village Code, the Village is required to adopt an annual budget; and WHEREAS, the Village of Buffalo Grove fiscal year runs from January 1, 2016 to December 31, 2016; and WHEREAS, the Fiscal Year 2016 Budget has been prepared and submitted for the review and consideration by the President and Board of Trustees of the Village of Buffalo Grove; and WHEREAS, a notice of Public Hearing was published in the Daily Herald on November 9, 2015, and a copy of the budget was made available to the public; and WHEREAS, the public hearing was conducted and the review and consideration of the document occurred at the Regular Meeting of the President and Board of Trustees of November 16, 2015; and WHEREAS, pending any final review of changes to, or supplemental reports on, various elements of the Budget content, the document can be considered for adoption. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS that: SECTION 1. The FY 2016 Budget of the Village of Buffalo Grove be approved after consideration of any changes and reports as requested by the President and Board of Trustees up to and through December 7, 2015. SECTION 2. Upon adoption of the Budget, authority is given to the Village Manager to place the document in final form for distribution. AYES: NAYES: ABSENT: PASSED: 2015. APPROVED: 2015. Village President ATTEST: Village Clerk Packet Pg. 253 Action Item : Authorization to Execute an Agreement with Ultra Strobe Communications, Inc. for Emergency Vehicle Lighting Services ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Recommendation of Action Staff recommends approval. Staff has negotiated a contract with Ultra Strobe Communications, Inc. for the installation of emergency lighting and equipment in Police and Fire vehicles. The proposed contract will allow the Village to have a consistent service provider with a proven track record provide needed installation services while also allowing the Village to closely monitor and contain costs. The purchase and installation of emergency lighting and equipment in Police vehicles would have no direct impact on the Village budget. The funds directed for the purchase of this type of equipment are obtained through Illinois statute (625 ILCS 5/16-104c) and are set aside for the purchase and maintenance of Police vehicles. Fire vehicle emergency lighting is allocated through reserve funds set aside for equipment replacement. Staff requests authorization to execute an agreement with Ultra Strobe Communications, Inc. for emergency lighting installation services pending final review and approval by the Village Attorney at a not to exceed price of $78,845.00 for Fiscal Year 2016. ATTACHMENTS: • EL Memo (DOCX) • 2015 EL Contract (PDF) Trustee Liaison Trustee Trilling Monday, December 7, 2015 Staff Contact Brett Robinson, Finance Updated: 12/3/2015 11:43 AM Page 1 Packet Pg. 254 11.A.a 1,1 F �13UFFALO GROVE DATE: November 20, 2015 TO: Dane Bragg, Village Manager FROM: Brett Robinson, Purchasing Manager RE: Ultra Strobe — Emergency Lighting Background Information Is Until 2014, the Police Department had contracted with a variety of vendors for the purchase of emergency lights and upfitting. For a period of time, Public Works was also tasked with upfitting and maintenance of emergency lighting equipment in police vehicles. Through a series of inconsistent equipment purchases and installation methodologies, many vehicles in the fleet were designed and function differently than others. These inconsistencies have created the potential for confusion and unfamiliarity for police personnel during high stress situations. Beyond the safety hazard concern, the service/repair of vehicles equipped with different arrays, equipment, lighting and wiring make it difficult and more costly to service. The Police Department will order five new vehicles for FY 2016, which are designated to replace existing patrol fleet vehicles. The five new vehicles are Ford Interceptor Police SUV model vehicles. As a result of the discontinuation of the Crown Victoria model by Ford Motor Company, the majority of equipment installed in existing police vehicles can not be retrofitted into the new vehicles. This change in model design forces wholesale modifications to the array of emergency equipment. Ultra Strobe is a quality service provider handling both installation and maintenance of all emergency and video equipment in Police Department vehicles. Prior to switching to Ultra Strobe, the Village used a vendor in Northbrook. As a result of issues with installation and lead time for deliveries, the Village stopped using them. There are very few vendors in this area that offer the required catalog of services. Other possible vendors would create significant challenges based upon projected long lead times and distance which would require additional staff time to shuttle vehicles for original installation as well as any required service. Ultrastrobe was awarded and installed the Panasonic Arbitrator Video Recorders into current police vehicles (which will be removed and retrofitted to the new vehicles). The purchase and installation of emergency lighting and equipment in Police vehicles would have no direct LO impact on the Village budget. The funds directed for the purchase of this type of equipment are obtained M through Illinois statute (625 ILCS 5/16-104c) and are set aside for the purchase and maintenance of Police vehicles. O E m The costs for installation of lighting for vehicles in other Village departments would be drawn from the reserve 2 J for capital replacement for that department. w c a� E Saw �a Q 1111F'01 i'i'ob'insori Page 1 of 1 Packet Pg. 255 11.A.b Village of Buffalo Grove EMERGENCY VEHICLE LIGHTING Contract Documents Prepared by Finance Department 10/22/2015 Packet Pg. 256 11.A.b TABLE OF CONTENTS PUBLIC CON ..I..Vi crSIATEMEINrs..............................................................................................................................................................................2 SCI....IEDUILI:::: OF: PRICES ............................................................................................................................................................................................................ SPECIlICATION....................................................................................................................................................................................................................6 GENERAL COI DIIION OF: II....IECON rf Acr.....................................................................................................................................................9 COINrRA 1................................................................................................................................................................................................................. 17 APIREINDIXA ...........................................................................................................................................................................................................22 QVRand Aonwl....IIforms ........................................................................................................................................................................................22 APPENDIX B......................................... ................... .......................................... ........................................................................ .......................2� Equilai7r ent Pdcong........................................................ ............................................................................................................................................................ .......... 2.' APPENDIXC.....................................................................................................................................................................................................................................28 Example Change Order .............................28 El 11 Packet Pg. 257 11.A.b 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/BIDDER 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 bidder/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 bidding. 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 (bid 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/Bidder/Supplier Signature Title Subscribed and Sworn to before me this day of 2015. Notary Public Notary Expiration Date Packet Pg. 258 11.A.b SCHEDULE OF PRICES Service 2015 TO: THE VILLAGE OF BUFFALO GROVE, ILLINOIS FULL NAME OF CONTRACTOR: Ultra Strobe Communications, Inc. MAIN BUSINESS ADDRESS: 930 Pyott Road Unit 106 Crysta I I Lake, IL 60014 PLACE OF BUSINESS: As noted above The undersigned, declares that it has carefully examined the location of the proposed work, the Contract Documents, and all other documents referred to or mentioned in the Contract Documents and it proposes and agrees, that it will contract with the Village, in the form of the Contract attached, to complete the Work titled "Emergency Vehicle Lighting", and that it will take in full payment therefore the sums set forth in the following Schedule of Prices and Appendix B. Equipment Pricing. The undersigned proposes to commence work at the site within fifteen (15) calendar days after the effective date of the award of the Contract or issuance of a Purchase Order. I Packet Pg. 259 11.A.b SCHEDULE OF PRICES LABOR Vehicle Type Installation Removal Miscellaneous R&R Complete (wiring, connectors, etc.) Fully Marked $ 1,550.00 $ 250.00 $ 175.00 $ 1,975.00 Fully Marked (SUV) $ 1,550.00 $ 250.00 $ 175.00 $ 1,975.00 Semi -Marked $ 1,550.00 $ 250.00 $ 175.00 $ 1,975.00 Semi -Marked (SUV) $ 1,550.00 $ 250.00 $ 175.00 $ 1,975.00 1<9 Unit $ 2,150.00 $ 450.00 $ 225.00 $ 2,825.00 Hourly labor rate @ 75.00/hr. Vehicle Transport $20 one wa Unmarked Administrative $ 925.00 $ 125.00 $ 75.00 $ 1,125.00 Unmarked Investigative $ 925.00 $ 125.00 $ 75.00 $ 1,125.00 Unmarked Tactical $ 925.00 $ 125.00 $ 75.00 $ 1,125.00 2nd Year: The unit prices as shown above shall be adjusted by not more than percent (+/-) 3rd Year: The unit prices as shown above shall be adjusted by not more than percent (+/-) 4th Year: The unit prices as shown above shall be adjusted by not more than percent 5th Year: The unit prices as shown above shall be adjusted by not more than percent Any proposed change in prices of Equipment Pricing in Appendix B. shall be negotiated between the Parties and shall be set forth in a Change Order. U ca i r� C O U J W Ln T_ 0 N C O L V td r� EN Packet Pg. 260 11.A.b SUBCONTRACTOR LISTING Bidder, 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. No Subcontractors 2. 3. CONTRACTOR SIGNATURE and CONTACT INFORMATION Date Phone Legal Entity E-mail (Sign here) (Print Name) Packet Pg. 261 11.A.b VILLAGE OF BUFFALO GROVE EMERGENCY VEHICLE LIGHTING SPECIFICATIONS A. GENERAL INSTRUCTIONS OBJECTIVE: The Village of Buffalo Grove is seeking to engage a single provider for the procurement, installation, and configuration of Emergency Lighting equipment for Village Vehicles. SCOPE OF WORK: The Contractor shall procure, install, configure and repair Emergency Lighting Equipment in Village Vehicles SCHEDULE: The contractor shall complete full installations on Fully Marked, Fully Marked (SUV), Semi -Marked, Semi - Marked (SUV), and K9 Units no later than 10 weeks after receipt of a Purchase Order for installation work. Removal and Replacement (R&R) of equipment from one vehicle to another shall be completed no later than 6 weeks after receipt of a Purchase Order for installation work. CONTRACTORS FACILITIES: The Contractor may be subject to a site inspection of their facilities. The contractor shall be open during normal business hours from 8:00am until 5:00pm, Monday through Friday excluding holidays or weekends. Any Village vehicle left at the Contractor's facilities should be secured inside a locked fenced compound under video surveillance or within a locked building. INSTALLATION: All wiring will follow a consistent color scheme and a reference chart will be provided to the Village. All exposed wiring will be wire loomed and secured to the vehicle. The lights and siren controller will be located in the center of the vehicle on the center console or center of the dashboard when possible. Packet Pg. 262 11.A.b INSTALLATION: (coat.) All sirens will be permanently mounted out of sight and without logos or markings from outside the vehicle. All installations will have electrical disconnections, (i.e. circuit breaker or fuse). All lighting and siren packages will not exceed capability of vehicles electrical system. No standard crimp or insulated crimp terminals of any kind will be allowed during this installation. All speaker, headlight flasher, strobe power supply, siren, horn ring tap, and ignition connections will either be soldered and heat shrunk or crimped using water resistant connectors and heat shrunk creating a strong, water resistant connection. All strobe cables shall be custom cut to length. No rolled up or zip tied excess loops of strobe cable will be allowed in the vehicle. Lightbar cables must be sealed using an appropriate black gasket type silicone. Installer shall loom all cables located in the engine compartment. All wiring running from the passenger compartment to the trunk area must be placed in the OEM Ford tracks located at the passenger side of the vehicle. No excess wiring may be placed under the floor mat or beside the track. All wiring installed within the trunk compartment shall be loomed with appropriate size wire loom. Installer must properly label all siren touch pads as indicated by the Village of Buffalo Grove. No vehicles will be accepted without all buttons labeled as indicated by the Village. EQUIPMENT: Contractor must be factory authorized distributor for the product they are providing. No substitutions of brand names or part numbers is allowed unless approved in writing by the Village. See Appendix C for an example Change Order. All mounting hardware used on the exterior of the vehicle must be stainless steel. Equipment list and pricing is attached hereto as Appendix B. Pricing shall be held for one year and if pricing changes are requested by the Contractor those changes will be negotiated at least 60 days prior to contract extension. WARRANTY: A warranty on a new materials and equipment shall be for no less than five years from date of acceptance of the installation by the Village. A warranty on labor and installation shall be for the no less than the period of ten years from date of acceptance of the installation by the Village. Contractor shall respond to request for repairs within 24 hours. Packet Pg. 263 11.A.b B. CONTRACT TERM The Village will enter into a one (1) year contract with four (4) possible one (1) year extensions from the date of award. At the end of any contract term, The Village of Buffalo Grove reserves the right to extend this contract for a period of up to sixty (60) calendar days for the purpose of securing a new contract. The Contract may be terminated, in whole or in part, by either party if the other party substantially fails to fulfill its obligations under the Contract through no fault of the terminating party; or the Village may terminate the Contract, in whole or in part, for its convenience. However, no such termination may be effected unless the terminating party gives the other party: (1) not less than thirty (30) calendar days written notice by certified mail of intent to terminate, and (2) an opportunity for a meeting with the terminating party before termination. III Packet Pg. 264 11.A.b GENERAL CONDITIONS OF THE CONTRACT 1. Contract Security The Contractor shall furnish a Performance and Payment Bond in an amount at least equal to 75 percent of the aggregate amount of the Contract as security for the faithful performance of the Contract and for the payment of all persons performing labor and furnishing materials in connection with this Contract. In addition a Warranty bond or Maintenance bond in an amount at least equal to 25 percent of the aggregate amount of the Contract shall guarantee for the Village, that the Contractor shall solve all warranty issues during the specified warranty periods as detailed on page 7. For bonding purposes the aggregate amount of the contract will be understood to be the total cost of parts and labor to perform five Fully Marked installations. Above reference Bonds and Proof of Insurance coverage must be on file with the Village of Buffalo Grove before work can be started. The Village of Buffalo Grove must be named as "additional insured" on the Contractor's general comprehensive liability policies. 2. 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. 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. I Packet Pg. 265 11.A.b 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. El Packet Pg. 266 11.A.b 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. S. 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 M Packet Pg. 267 11.A.b 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) calendar 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 Park District 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. M Packet Pg. 268 11.A.b 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. Packet Pg. 269 11.A.b 3. Certificate of Authority and Surety Certificate The Contractor shall furnish the Village with a current Certificate of Authority or Surety Certificate issued by the Illinois Department of Insurance (ID01) for the bonding company that they are using. The Contractor shall also furnish the Village with a current Certificate of Authority issued by the Illinois Department of Insurance (ID01) for the insurance company that they are using. 4. Plans and Specifications The Specifications and any work shown thereon shall be executed the same as if specifically mentioned herein and should any discrepancy between plans and specifications appear, the ruling of the Chief of Police on the interpretation thereof shall be final and binding. It is the intention of these Specifications to provide for this work 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 be merged in the prices bid for the improvement. 5. Changes If the Chief of Police 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 bid on. The value of the work so added shall be based on the rates and prices named in the Contract, and bid, 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. 6. 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 Chief of Police, 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 bid, and placing it under the category of "Extra Work". HE Packet Pg. 270 11.A.b 7. Notice of Starting Work The Contractor shall notify the Chief of Police 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. 8. Sequence The Chief of Police shall have the power to direct the order and sequence of the work. On any major portion of the work, all accessories shall be set coincident with the main work. Payment for major portion of the work may be withheld until proper completion of accessories. 9. Supervision The Chief of Police 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. 10. Workers The Contractor shall employ competent staff and shall discharge, at the request of the Chief of Police, 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. 11. Payment Payment will be made pursuant to the Illinois Local Government Prompt Payment Act (50 ILCS 505/1 et seq.) 12. Termination of Contract The Contract may be terminated, in whole or in part, by either party if the other party substantially fails to fulfill its obligations under the Contract through no fault of the terminating party; or the Village may terminate the Contract, in whole or in part, for its convenience. However, no such termination may be effected unless the terminating party gives the other party: (1) not less than thirty (30) calendar days written notice by certified mail of intent to terminate, and (2) an opportunity for a meeting with the terminating party before termination. 13. Non -Waiver Of Rights No delay or failure by either party to enforce any of the provisions of the contract or to exercise any right therein granted shall be deemed a waiver thereof or limitation in any respect on the right of either party then and thereafter to enforce all provisions of this contract and to exercise any such right. HE Packet Pg. 271 11.A.b 14. Accident Notification In the event of accidents of any kind which involve the general public and/or private or public property, the Contractor shall immediately notify the Chief of Police and shall provide a full accounting of all details of the accident. The Contractor shall furnish the Village with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. 15. Automated Clearing House Payment The Village prefers to pay all vendors via Automated Clearing House payments (ACH). ACH payments will be processed to checking and savings accounts. Appendix A. (ACH Authorization Form) should be completed to enable the Village to process your payment. In addition to the ACH Authorization form, a cancelled check or preprinted deposit slip with your account information will be required to complete the documentation needed and ensure the Village processes the payment properly. After the Bid/RFP award please forward the completed form to apfinance@vbg.org or fax to 847- 777-6045. Once payments have been approved and processed an email notification will be sent to the designated email account on your ACH authorization form indicating when the funds were transferred, the amount transferred, and the invoice number that pertains to the payment. 16 Packet Pg. 272 11.A.b VILLAGE OF BUFFALO GROVE 191110 "t .[1 Il l EMERGENCY VEHICLE LIGHTING THIS CONTRACT, made this day of , 2015, by and between the VILLAGE OF BUFFALO GROVE (hereinafter called the "Village") a Municipal Corporation acting through its President, and Board of Trustees, and The Ultra Strobe Communications Inc., hereinafter called the "Contractor." NOW THEREFORE, for and in consideration of their mutual promises, covenant undertaking and Contract, the parties hereto do hereby agree as follows: ARTICLE I - WORK TO BE DONE BY THE 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 improvements included, all in full accordance with and in compliance with and as required by the hereinafter specified Plans and Specifications and Contract Documents for said works and improvements, and to do, at its own cost and expense, all other things required of the Contractor by said Contract Documents. Packet Pg. 273 11.A.b 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 EMERGENCY VEHICLE LIGHTING Specifications 2. The General Conditions of the Contract 3. The Contract 4. Public Contract Statements 5. Schedule of Prices 6. All Bonds, Insurance Certificates and Insurance Policies mentioned or referred to in the foregoing documents 7. 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 and the Equipment Pricing in Appendix B. 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 Plans and Contract Documents and the requirements of the Chief of Police. Equipment Pricing shall be a set be as set forth in Appendix B.(3 pages). Appendix B. is not an estimate but is the agreed upon price of each item. HE Packet Pg. 274 11.A.b 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. Specifications 3. Schedule of Prices and the Equipment Pricing in Appendix B. 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 —CONTRACT TIME Contractor shall and agrees to furnish and deliver to the Village fifteen (15) calendar days after the date of this contract the Faithful Performance and Payment Bond and the Insurance Certificates and Policies of Insurance required of him by the provisions of Paragraph 2 of the General Conditions of the Contract, and to do, prior to starting work, all other things which are required of them by the Contract Documents as a prerequisite of starting work. ARTIrl F VI 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. Packet Pg. 275 11.A.b ARTICLE VII — 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) calendar 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) calendar 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 Packet Pg. 276 11.A.b ATTEST: BY TITLE VILLAGE OF BUFFALO GROVE CONTRACT EMERGENCY VEHICLE LIGHTING Ultra Strobe Communications. Inc. CONTRACTOR BY TITLE THE VILLAGE OF BUFFALO GROVE VILLAGE MANAGER — Dane Bragg 1w Packet Pg. 277 11.A.b Accounts Payable Department Phone 847-459-2510 Fax847-777-6045 QUALIFIED VENDOR REGISTRATION Please email, fax or mail completed & signed form along with IRS form W-9 to: Email: IPJFuiine..ylbg.op.irg Fax: 847-777-6045 or Mail: Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, IL. `<.i 60089 Legal Organization Name: £ Doing Business as: 0 v m Primary Organization Address: Cn City, State ZIP: i Sales Contact Name: s Sales Contact Phone: 3 Sales Contact Email is a� d i Q Complete this section for new Vendors or account changes Select New Vendor Account Change a� U one: 0 x w FEIN or SSN: o _ 0 Primary business function: N •L Date business was established: 0 3 Q Change in ownership in the last 2 years : Y/N Ln M Professional registrations: M All payments will be made per the Prompt Payment Act (50 ILCS 505/1 et seq). U By submitting this application, you authorize the Village of Buffalo Grove to make inquiries into the client/trade references that you have _ V supplied. W Ln The undersigned supplier hereby represents and warrants to the Village of Buffalo Grove as a term and condition of acceptance of future (bid or o 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 N 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 E the Village t Signature: Date: Q Name (printed): Title: Packet Pg. 278 11.A.b Accounts Payable Department Phone 847-459-2510 Fax847-777-6045 AUTHORIZATION FOR ACH DEPOSIT OF VENDOR PAYMENT Please email, fax or mail completed & signed form along with a voided check or voided deposit slip (savings account) to: Email: IP_IFuirb. rope.. Ylbg.ogirg Fax: 847-777-6045 or Mail: Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, IL. 60089 Check Box if same as page 1 ❑ Payment Address: A/R Contact Name: Contact Email (for ACH notification): Complete this section for new enrollments or for financial institution or account changes Select one: ❑ New Enrollment ❑ Financial institution of Account Change Bank Name: Branch (if applicable): City, State Zip: Transit/Routing Number: Bank Account Number: Account Type (check one): Checking Account Savings Account I certify that the information above is true and correct, and that I, as a representative for the above name d company, hereby authorize the Village of Buffalo Grove Account Payable to electronically deposit payments to the designated bank account. This authority remains in full force until The Village of Buffalo Grove Accounts Payable receives written notification requesting a change or cancellation. Signature: Date: Name (printed): Title: For Village of Buffalo Grove use only Vendor Number: Date Received: U c�a c 0 U J w Ln 0 N C L V td r� 2 Packet Pg. 279 wow Illinois Department of Revenue Office of Local Government Serv6ces Sales Tax Exemption Section, 3-520 101 W. Jefferson Street Springfield, IL 62702 217 782-8881 January 2, 2015 VILLAGE OF" BUFFALO GROVE SCOTT ANDERSON HNANCE DIR .50 RAUPP BLVD BUFFALO GROVE 11., 60089 Ef I rctive January 1, 2015, we have renewed your governrnental exemption fron-r payment of the Retailer' Occupation Tax, the Service Occupation Tax (both state and k>caO, the Use 'Tax, and the Service Use Tax, as required by Minois law, We have iSSUed the following new tax exerription iden0fication riurntwr. E9998-11,65-07 to VILLAGE OF BUFFALO GROVE OF BUFFALO GROVE, IL The terrns and conclitions governing Use of your exeryiption nuniber rernain unchanged. Office of Local Government Services Minois Department of Revenue 2 S rS -- 70 (R- 2/98) L- 492- 3524 10 0001039 I Packet Pg. 280 1 Appendix B. jQ11ift Equipment Pricing Ultra Strobe Communications Inc 930 Pyott Road Unit 106 Crystal Lake, IL. 60014 11.A.b Date Estimate # 9/28/2015 2635 Name / Address Buffalo Grove Police Dept 46 Raupp Blvd. Bufflo Grove, IL 60089 P.O. No. Job Name Marked Patrol Item Description Qty Price Total PB450L4-VS Setina aluminum push bumper with 4 Whelen lights. For 1 674.95 674.95 trucks/SUV/vans PAR28J Whelen 3.5" round super LED split red/blue 1 131.95 131.95 PAR28J Whelen 3.5" round super LED split red/blue 1 131.95 131.95 P28FXl l Whelen for light mounting kit for 2011-12 Explorer and 2 5.95 11.90 2013 Ford Utility P46S2R3 Whelen PAR 46 super -LED replacement spotlight for 1 229.95 229.95 Unity mounting only. red/white G138RBCA Whelen Legacy Duo Super LED Light bar package to 1 2,600.00 2,600.00 include (SA315P, Bracket for siren, and CANCTL5 SA315P Whelen small round profile, composite speaker 123dB 1 0.00 0.00 CANCTL5 Whelen Control WC light and Siren System 1 0.00 0.00 LINSV213 Whelen LINZ V-series LED surface mount, blue 1 159.95 159.95 LINSV2R Whelen LINZ V-series LED surface mount, red 1 159.95 159.95 LSVBKT34 Whelen Mount for Two LINSV2 Series Under -the -Side 1 18.95 18.95 View Mirror Ford Explorer, 2011-2015, Police Interceptor Utility, 2013-2015 AVNS2RB Whelen Avenger with synchronize wire, red/blue (2 to be 4 179.95 719.80 mounted in rear side windows and 2 to be mounted on B pillars VTX615B Whelen Vertex Super -LED Warning light, Blue 2 62.95 125.90 VTX615R Whelen Vertex Super -LED Warning light, Red 2 62.95 125.90 IONA Whelen ION series super LED, amber 2 102.95 205.90 IONB Whelen ION series super LED, blue 3 102.95 308.85 IONR Whelen ION series super LED, red 3 102.95 308.85 IONBKT2 Whelen bracket, rear hatch for 2013+ Ford Utility for use 1 60.95 60.95 with 6 ION series lightheads. Subtotal Signature Date Sales Tax (7.75%) Total Our quotes are valid for 90 days Phone # Fax # E-mail Web Site 8154791717 815-479-1818 STACEY@ULTRASTROBE.COM www.ultrastrobe.com v co c O U J W Lo 0 N c m t �a Page 1 Packet Pg. 281 Appendix B. jQ11ift Equipment Pricing Ultra Strobe Communications Inc 930 Pyott Road Unit 106 Crystal Lake, IL. 60014 11.A.b Date Estimate # 9/28/2015 2635 Name / Address Buffalo Grove Police Dept 46 Raupp Blvd. Bufflo Grove, IL 60089 P.O. No. Job Name Marked Patrol Item Description Qty Price Total IONGROM Whelen ION grommet kit 2 6.95 13.90 IONB Whelen ION series super LED, blue to be mounted in rear 2 102.95 205.90 of hatch when lifted and in rear lower reflectors IONR Whelen ION series super LED, red to be mounted in rear 2 144.95 289.90 of hatch when lifted and in rear lower reflectors 6000EJCS Whelen 6" COMPARTMENT LT WHITE W/SW 12V 1 126.95 126.95 MDASHCPE Nova Micro Dash Self contained Preemption Strobe 1 179.95 179.95 C-VS-1308-INUT Havis console for Ford Interceptor SUV. EQUIPMENT 1 289.95 289.95 BRACKETS MUST BE SPECIFIED AT TIME OF ORDER TO AVOID ADDITIONAL CHARGES. C-ARM-103 Havis armrest for top mount, large pad 1 72.095 72.10 C-CUP2-I-A11 Havis cup holder, dual I I* angled internal mount 1 49.95 49.95 C-MCB Havis mic clip bracket 2 7.95 15.90 PKG-PSM-253 Havis vehicle computer mount kit, heavy duty mount, with 1 459.95 459.95 short handle, Ford Explorer, 11-12 as well as Ford Interceptor SUV 10-XL Setina Model #I O-XL Uncoated Clear Polycarbonate 1 599.99 599.99 Partition for sedan model vehicles and Ford Utility price includes shipping PX02 PTS Ford Utility seat system with OS belt and rear 1 899.99 899.99 partition system, price includes shipping SC-915-5-A Santa Cruz adjustable partition wall setup with SC-5 lock 1 189.90 189.90 MB8U Laird 17' RG58U solid center conductor cable antenna kit 2 17.95 35.90 QW152 Laird 152-162 MHz 1/4 wave antenna (stainless) 1 8.95 8.95 TT-2UTL Ultra Strobe lift -up trunk tray with equipment mounting 1 370.00 370.00 tray Subtotal Signature Date Sales Tax (7.75%) Total Our quotes are valid for 90 days Phone # Fax # E-mail Web Site 8154791717 815-479-1818 STACEY@ULTRASTROBE.COM www.ultrastrobe.com v co i c O U J W Lo 0 N c m t �a Page 2 Packet Pg. 282 Appendix B. jQ11ift Equipment Pricing Ultra Strobe Communications Inc 930 Pyott Road Unit 106 Crystal Lake, IL. 60014 11.A.b Date Estimate # 9/28/2015 2635 Name / Address Buffalo Grove Police Dept 46 Raupp Blvd. Bufflo Grove, IL 60089 P.O. No. Job Name Marked Patrol Item Description Qty Price Total TT-SD02 Ultra Strobe storage drawer, 250lbs capacity, 40"x32"x15". 1 940.00 940.00 Price includes combination lock, tilt -up cargo tray with flip down electronics tray, and shipping CG-X Havis delay timer 1 82.95 82.95 PF-160R 80 amp circuit breaker 1 49.95 49.95 BR5000 Relay 75 Amp 1 49.95 49.95 Subtotal $10,907.73 Signature Date Sales Tax (7.75%) $0.00 Our quotes are valid for 90 days Total $10,907.73 **PLEASE NOTE; LIGEIT 3ARS / PARTITIONS TAKE 6®8 WEEKS TO ARRIVE; FROM ORDER DATE** ** Phone # Fax # E-mail Web Site 8154791717 815-479-1818 STACEY@ULTRASTROBE.COM www.ultrastrobe.com v co i r� C O U J W Lo 0 N c m t �a Page 3 Packet Pg. 283 11.A.b APPENDIX C. Ultra Strobe Communications Inc., 930 Pyott Road Unit 106 Crystal Lake, IL 60014 Rob Cruise: Month XX, Year We hereby accept your proposal of a substitution of old Item model # clarification. at a price of $ with new Item model # at a price of $ with the following This change order is an addition to the Emergency Lighting Contract between Ultra Strobe Communications Inc., and the Village of Buffalo Grove. Village of Buffalo Grove Date If you accept these clarifications please sign the copy of this letter enclosed and return to the Village of Buffalo Grove Accepted by Ultra Strobe Date Packet Pg. 284 Action Item : Award of Bid 2016 Crack Sealing to Denier, Inc. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. Staff recommends Denler, Inc. be awarded the Crack Sealing contract at a cost of $1.31 per pound of crack sealing material at a total not to exceed amount of $150,000.00. This program is fully funded in the 2016 Street Maintenance Budget. ATTACHMENTS: • Crack Sealing Memo (DOCX) • BIDTAB Crack Sealing 2016-2018 (PDF) Trustee Liaison Staff Contact Trustee Stein Brett Robinson, Finance Monday, December 7, 2015 Updated: 12/3/2015 11:55 AM Page 1 Packet Pg. 285 11.B.a 1,1 F �13UFFALO GROVE DATE: November 20, 2015 TO: Dane Bragg, Village Manager FROM: Brett Robinson, Purchasing Manager RE: Crack Sealing Bids Background Information Is Staff released bids for crack sealing on October 29, 2015. In addition to publication in the local newspaper and postings on both the Village's local and national websites, staff mailed invitations to bid to Behm Pavement Maintenance, Inc, Denler Inc., Patriot Pavement Maintenance Inc., and SKC Construction. Bids were opened on November 19, 2015 with Denler, Inc. being the lowest bidder. The 2016 Crack Sealing Program consists of filling the cracks along the curb lines and the lateral cracks on streets that were included in the 2015 Street Improvement Program. Staff will also evaluate the streets included in the 2013 and 2014 Street Improvement Programs for lateral cracking to be filled. Lateral cracking will begin on the streets from the 2015 Street Improvement Program and end with the 2013 Street Improvement Program (i.e. until the funds run out or all cracks are filled, whichever comes first). Recommendation Staff recommends Denler, Inc. be awarded the contract at a cost of $1.31 per pound of crack sealing material at a total not to exceed amount of $150,000.00. Denler, Inc. has previously worked in the Village and is a reliable as well as a qualified bidder. The program is fully funded in the 2016 Street Maintenance Budget. This contract is a one year contract with two possible one year extensions, any such future extension would be brought before the Village Board for approval. M°ett III"Ill,1uubirison ftn:hasin II`,rizm]ges Page 1 of 1 Packet Pg. 286 (6uileag peso 9bOZ p!8 3o pjennd : -p9£6) 9�OZ-96OZ 6uileag 313eao 8dli 0 0 0 0 0 0 t6 N N Y U 0 0 R U - 0 0 o E - _ .6 ` a m o o Z U o � r O (O O f0 M If] O N r iri�o�r co v v ea ea e» M T v uS w m y Q � r O r O1 r (9 V3�V3 c4 V3M O � H3 fA fA N T r V fA N N N O o N N � E y � N s ai a m o E E LL l (6 0 Z 'w aLL dLL dLL N N N W 0] C d O 6 dUl U, U,J >a m m U) U) Ms :;uauayOLIIIV N S 0) a r a� Y V 10 a Action Item : Authorization to Execute a One Year Contract Extension with Tap Room Hospitality ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends discussion. Staff will present to the Village Board an amendment to the lease with Taproom Hospitality LLC, for restaurant operations at the Village Bar and Grill, as further detailed in the attached memo. ATTACHMENTS: • BGGC Restaurant memo (DOCX) • Amendment -to -Taproom Hospitality agreement rev4 (DOCX) Trustee Liaison Trustee Johnson Monday, December 7, 2015 Staff Contact Geoff Tollefson, Golf Updated: 12/3/2015 4:43 PM Page 1 Packet Pg. 288 11.C.a 1,1 F �13UFFALO GROVE DATE: December 3, 2015 TO: Dane Bragg, Village Manager FROM: Geoff Tollefson, Golf Director CC: Scott Anderson, Finance Director Brett Robinson, Purchasing Manager RE: Restaurant Operations Is Staff began evaluating options for restaurant operations at Buffalo Grove Golf Course in June and published an RFP in the usual media outlets as well as both of our online portals and social media outlets. In addition staff mailed out over 80 letters to businesses in the Buffalo Grove area and made visits to several local establishments in an effort to draw as much interest to this project as possible. Staff received two responses, a proposal from the existing tenant Tap Room Hospitality and a letter of interest from Cardone Incorporated. Staff brought in both respondents for interviews and requested further information from Cardone Inc. The written response from Cardone Inc. did not meet our standards as it was presented. Due to back due payments the current tenant owes to the Village, staff approached the current tenant, Tap Room Hospitality, to see if they would be amenable to a one year extension of the current lease. Staff felt that a one year extension would allow the tenant to come current with their payments, and may possibly put them in a position to seek out a longer term lease in the future. Tap Room Hospitality was at first opposed to this concept but have since accepted a proposal after a lengthy negotiation process. The tenant has voiced several concerns with the upkeep of the facility; however, it should be noted that during negotiations staff had proposed to the tenant facility improvements, such as removal and replacement of the kitchen floor, dining room lighting improvements and banquet room enhancements. These improvements were to be either performed by the Village after outstanding payments were received, or the tenant could have made said improvements. At the request of Tap Room Hospitality these facility improvements were removed from the draft amendment. The proposed one year extension was structured in a fashion that would allow the tenant to come current with all outstanding receivables, after which point the Village might consider future extensions. Staff reviewed historical payment history prior to 2014 before considering providing the current tenant with the extension. Prior to 2014, the tenant made their required payments on -time. After long negotiations, the one-year lease extension agreement language reflects the strongest repayment terms that could be negotiated with the current tenant. The repayment terms as proposed assume some risk to the Village should the tenant default on the past due balances. If the agreed repayment terms are not met, it may put the Village in a position to issue a notice of default on the lease just prior to the beginning of the golf season. Staff will present an overview of the one-year lease extension at the Village Board meeting on Monday night Q N 0 x E 0 0 W Q. (a F_ Page 1 of 1 Packet Pg. 289 11.C.b AMENDMENT TO THE LEASE BETWEEN THE VILLAGE OF BUFFALO GROVE AND TAP ROOM HOSPITALITY This Amendment is entered into this 7th day of December, 2015 by and between The Village of Buffalo Grove, Illinois, an Illinois Municipal Corporation (hereinafter the "LESSOR") and Tap Room Hospitality, Inc., (hereinafter "LESSEE"). RRCTTATS Whereas, the LESSOR and LESSEE have previously entered into a Lease Agreement dated June 21, 2004 (hereinafter the "AGREEMENT") which was approved by the Village of Buffalo Grove by Resolution No. 2004-16 on June 21, 2004; and Whereas, the LESSOR and LESSEE find that it is in their best interests to amend the AGREEMENT. WITNESSETH In consideration of the mutual covenants and agreements hereinafter set forth the LESSOR and LESSEE agree to amend the AGREEMENT as follows: Item 1 Section C. Rent and Other Compensation: This subsection is hereby added to read as follows: 4. Monies owed the LESSOR: The LESSEE shall pay the LESSOR the following monies for back rent and unpaid utility bills per the schedule below. Failure of the LESSEE to pay the LESSOR the below listed amounts on or before the dates listed below would be make the LESSEE subject to the provisions under Section F. Termination March 28, 2016 $ 5,626.80 April 25, 2016 $ 5,626.80 May 30, 2016 $ 5,626.80 June 27, 2016 $ 5,626.80 July 25, 2016 $ 5,626.80 August 29, 2016 $ 5,626.80 Packet Pg. 290 11.C.b Item 2 Section F. Termination: This subsection is hereby amended to read as follows: 1. Termination: In the event of any default in the terms hereof and if the same are not corrected within thirty (30) calendar days [with the exceptions being the failure to remit rent or utility reimbursements which should be corrected within ten calendar days from written notice of same], the LESSOR may terminate the Lease and take possession of the Premises without the institution of eviction proceedings and without the exercise of due process of law. All food and beverage equipment owned by the LESSEE, and not described in Appendix A. must be removed within fifteen (15) calendar days of termination of the lease. Item 3 4. Section H. Extension of Lease: This subsection is hereby amended to read as follows 1. The LESSOR extends to the LESSEE a 1 year lease commencing on 1/l/2016 and terminating on 12/31/2016. The LESSOR reserves the right to offer an optional 1 year lease beginning 1/l/2017 ending 12/31/2017. Packet Pg. 291 11.C.b EXECUTION This Amendment is entered into as of the date first written above. LESSEE: Tap Room Hospitality, LLC. By: TITLE LESSOR: THE VILLAGE OF BUFFALO GROVE By: Dane Bragg VILLAGE MANAGER 11 /25/2015 Packet Pg. 292 11.C.b APPENDIX A. Food and beverage equipment owned by the LESSOR Cooking Equipment Description Location Exhaust Hood Kitchen - Cook Line Refrigeration/Freezer Description Location Hobart Walk in Refrigerator 41 Kitchen - Prep Area Hobart Walk in Refrigerator 42 Kitchen - Prep Area Hobart Walk in Freezer #1 Kitchen - Prep Area Harford Walk in Refrigerator 93 Outside back door Kitchen Equipment Description Location Dishwashing Sink (U shaped) w/Hobart Dishwasher Kitchen - Dishwashing Area Misc. Equipment Description Location Built in Bar Bar Area Monument Signage Front Entrance O 0 W a M H s 3 c 0 .y C d x w cLa c 0 U m 3 U a) x w 0 c 0 co N .I- 0 s 21 Packet Pg. 293