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2017-03-20 - Village Board Regular Meeting - Agenda PacketA. Presentation of American Flag and Pledge by Girl Scouts (President Sussman) (Staff Contact: Dane Bragg) B. Pledge of Allegiance 2. Approval of Minutes A. Village Board - Regular Meeting - Feb 27, 2017 7:30 PM B. Village Board - Committee of the Whole - Mar 6, 2017 7:30 PM 3. Approval of Warrant A. Approval of Warrant #1274 (Trustee Johnson) (Staff Contact: Scott Anderson) 4. Village President's Report A. Proclamation Recognizing Girl Scout Week (President Sussman) (Staff Contact: Dane Bragg) B. Appointment of Roger Sosa to Buffalo Grove Days Committee (President Sussman) (Staff Contact: Dane Bragg) 5. Village Manager's Report A. Police Officer of the Year Award (Trustee Trilling) (Staff Contact: Steven Casstevens) 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. R-2017-9 Resolution to Continue Participation in the State of Illinois Joint Purchasing Program (Trustee Johnson) (Staff Contact: Brett Robinson) SUMMARY: The State of Illinois requires the Village of Buffalo Grove pass a Resolution of Participation to continue to purchase from State led joint purchasing contracts. B. R-2017-10 Adopt the Village's 2017 Zoning Map (Trustee Berman) (Staff Contact: Chris Stilling) SUMMARY: Pursuant to State Statute, the Village of Buffalo Grove is required to publish its official zoning map by March 31, 2017. Since last year's update, the map has been revised to reflect the annexation and rezoning for the MJK Development on Milwaukee Avenue and the rezoning for the Woodman's project. C. 0-2017-5 Ordinance Amending Section 2.08.040, Duties of the Buffalo Grove Municipal Code (Trustee Berman) (Staff Contact: Arthur Malinowski) SUMMARY: The item amends the section in regard to litigation or potential litigation involving the Village of Buffalo Grove, including, but not limited to workers compensation claims. The ordinance gives the Village Manager settlement authority that was previously done through IRMA. D. 0-2017-6 Ordinance Amending Fiscal 2016 Budget of the Village of Buffalo Grove (Trustee Johnson) (Staff Contact: Scott Anderson) SUMMARY: The Ordinance formally adopts the Village's FY 2016 Budget Amendments. The Budget amendments proposed modify the budget document to provide a more transparent document by amending the original revenue and expenditure amounts budgeted at the fund level. E. 0-2017-7 An Ordinance Amending Chapter 5.20, Liquor Controls, Hours of Operation for the Class "A" Liquor Licenses (President Sussman) (Staff Contact: Julie Kamka) SUMMARY: The draft Ordinance will amend Section 5.20.120 - Hours of operation, for the Class A liquor licenses, to allow service of alcohol to begin on Sundays at 6:00 a.m. rather than 9:00 a.m. to address beverage service at the golf courses. F. 0-2017-8 An Ordinance Amending Chapter 5.20, Liquor Controls, Reserving a Class a and a Class D Liquor License for BRI Incorporated D/B/A the Wild Buffalo, 48 Raupp Boulevard (President Sussman) (Staff Contact: Julie Kamka) SUMMARY: A Class A liquor license and a Class D liquor license is reserved for BRI Incorporated d/b/a The Wild Buffalo at 48 Raupp Boulevard. This reservation is subject to the applicant completing Village requirements for said licenses on or before May 19, 2017. The Village Manager shall have the authority to extend the May 19, 2017 date for good cause shown. If not so extended, this reservation shall cease. G. 0-2017-9 Amendment to Special Use Ordinance 2016-13 for No Escape Located at 1501 W Dundee Road (Trustee Weidenfeld) (Staff Contact: Brian Sheehan) SUMMARY: In 2016, the Village Board approved Ordinance 2016-13 granting a Special Use for an amusement establishment called No Escape at 1501 W Dundee Road. The petitioners business has outgrown their existing space and they are looking to expand into an additional 1,340 square feet. As a result, an amendment to their Special Use is required. H. R-2017-11 Resolution Approving Agreements Granting Waterline Easement and Temporary Construction Easement to Northwest Water Commission (Trustee Stein) (Staff Contact: Michael Reynolds) SUMMARY: Staff recommends approval of the three permanent Easements and the one temporary construction easement with the Northwest Water Commission. These easements are necessary to facilitate the installation of a 16" transmission water main by the Northwest Water Commission. R-2017-12 A Resolution in Support of the Greenest Region Compact 2 (Trustee Weidenfeld) (Staff Contact: Brett Robinson) SUMMARY: The Greenest Region Compact 2 (GRC2) presents consensus goals for environmental sustainability to be addressed by local municipalities, yet it will have coordinated, positive impacts on a much larger scale. Approval gives the Village access to additional grant opportunities. J. Joint Purchase of Cellular Service from Verizon (Trustee Weidenfeld) (Staff Contact: Brett Robinson) SUMMARY: Staff requests authorization to purchase cellular services and equipment off of the SOIL contract CMS793372P in accordance with the Illinois Governmental Joint Purchasing Act (30 ILCS 525/0.01 et seq.) K. Request to Waive Bids and to Authorization to Negotiate for PW Vehicle Purchase (Trustee Stein) (Staff Contact: Michael Reynolds) SUMMARY: Staff recommends that the Village Board waive bids and authorize staff to negotiate pricing and purchase a replacement aerial lift truck for Public Works at price not to exceed $70,000. L. Authorization to Execute Contract Extensions with Multiple Vendors (Trustee Ottenheimer) (Staff Contact: Brett Robinson) SUMMARY: Staff recommends that the Village President and Board of Trustees authorize staff to execute the following Contract extensions as listed below: A third and final contract option with Aldridge Electric, for street light maintenance services. A third and final contract option with Hillside Auto Body, for towing services. A fourth year contract option with Fire Safety Consultants, Inc. for third party plan review services. M. Award of Bid Landscaping (Trustee Stein) (Staff Contact: Brett Robinson) SUMMARY: Staff recommends the Village Board award a contract for Landscaping Services to the lowest responsive and responsible bidder Reliable Property Services in an amount not to exceed $149,377.00, pending final review and approval of the contract documents by the Village Attorney. N. Metro Self Storage Development Improvement Agreement (Trustee Stein) (Staff Contact: Darren Monico) SUMMARY: Staff recommends approval of the Development Improvement Agreement for the Metro Self Storage Building proposed at 847 Deerfield Parkway. 0. Proclamation Recognizing Earth Hour 2017 (Trustee Weidenfeld) (Staff Contact: Brett Robinson) SUMMARY: Earth Hour started in 2007 in Sydney, Australia when 2.2 million individuals and more than 2,000 businesses turned their lights off for one hour to take a stand against climate change. With almost five million supporters and a global network in over 100 countries/territories, Earth Hour is now one of the world's largest and most respected movements. 9. Ordinances and Resolutions A. 0-2017-11 Ordinance Providing for an Amended Employment Agreement and Salary for the Village Manager (President Sussman) (Staff Contact: Dane Bragg) B. 0-2017-12 Ordinance Approving a Re -Zoning to the R-9 Multiple -Family Dwelling District with a Special Use for a Residential Planned Unit Development and Approval of a Preliminary Plan with Variations (Trustee Weidenfeld) (Staff Contact: Chris Stilling) 10. Unfinished Business 0-2017-10 An Ordinance Amending Chapter 5.44, Massage Establishments, of the Buffalo Grove Municipal Code (Trustee Berman) (Staff Contact: Jenny Maltas) 11. New Business A. Award of Bid MPI Sewer Lining (Trustee Stein) (Staff Contact: Darren Monico) 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 A. Executive Session- Section 2(C)(1) of the Illinois Open Meetings Act: the Appointment, Employment, Compensation, Discipline, Performance, or Dismissal of Specific Employees of the Public Body or Legal Counsel for the Public Body, Including Hearing Testimony on a Complaint Lodged Against an Employee of the Public Body or Against Legal Counsel for the Public Body to Determine Its Validity. (President Sussman) (Staff Contact: Dane Bragg) 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. 1.A Information Item : Presentation of American Flag and Pledge by Girl Scouts ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends presentation. Brownie Girl Scout Troop 40709 and Daisy Girl Scout Troop 40050 will present the colors and lead the Pledge of Alliance. Trustee Liaison Staff Contact Sussman Dane Bragg, Office of the Village Manager Monday, March 20, 2017 Updated: 3/7/2017 9:21 AM Page 1 Packet Pg. 5 2.A MINUTES OF THE RESCHEDULED 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, FEBRUARY 27, 2017 CALL TO ORDER President Sussman called the meeting to order at 7:30 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Sussman; Trustees Berman, Trilling, Stein, Ottenheimer, Weidenfeld and Johnson. y d Also present were: Dane Bragg, Village Manager; Jennifer Maltas, Deputy Village Manager; William Raysa, Village Attorney; Luke Glisan, Assistant Village Attorney; Scott Anderson, Director of Finance; Andrew Brown, Deputy Finance Director; Art Malinowski, Human Resource Director; Evan Michel, _0 Management Analyst; Christopher Stilling, Director of Community Development; Brett Robinson, Director > of Purchasing; Mike Reynolds, Director of Public Works; Darren Monico, Village Engineer; Geoff o Tollefson, Director of Golf Operations; Police Chief Casstevens; Deputy Police Szos; and Fire Chief a Baker. Q APPROVAL OF MINUTES Moved by Ottenheimer, seconded by Weidenfeld, to approve the minutes of the January 23, 2017 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson NAYS: 0 — None Motion declared carried. Moved by Johnson, seconded by Berman, to approve the minutes of the January 30, 2017 Special Meeting. Upon roll call, Trustees voted as follows: AYES: 5 — Berman, Trilling, Ottenheimer, Weidenfeld, Johnson NAYS: 0 — None ABSTAIN: 1 - Stein Motion declared carried. Moved by Weidenfeld, seconded by Berman, to approve the minutes of the February 6, 2017 Committee of the Whole Meeting. Upon roll call, Trustees voted as follows: AYES: 5 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld NAYS: 0 — None ABSTAIN: 1 — Johnson Motion declared carried. WARRANT #1273 Mr. Anderson read Warrant 41273. Moved by Johnson, seconded by Ottenheimer, to approve Warrant 41273 in the amount of $5,293,120.55, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson NAYS: 0 — None Packet Pg. 6 2.A Motion declared carried. VILLAGE PRESIDENT'S REPORT President Sussman appointed Forest Kulwin to the Board of Fire and Police Commissioners. Moved by Trilling, seconded by Weidenfeld, to concur with President Sussman's appointment. Upon roll call, Trustees voted as follows: AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson NAYS: 0 — None Motion declared carried. President Sussman read a Proclamation recognizing Lieutenant Wendill Bills for his 33 years of service to the Village, after which he was congratulated by the audience and the Board. President Sussman asked Maureen Welborn to come forward as she read a Proclamation commending her for her years of faithful service to the Buffalo Grove Days Committee, after which she was congratulated by the audience and the Board. VILLAGE MANAGER'S REPORT Chief Casstevens reviewed the credentials of our new Police Officer. Board of Fire & Police Chair Brian Rubin noted that he is honored to administer the oath of office to Chadd Kaiser, after which Officer Kaiser was congratulated by the audience and the Board. Officer Kaiser thanked his family for their support and is looking forward to serving with the Buffalo Grove Police Department. Mr. Anderson reviewed the three awards recently conferred upon the Village of Buffalo Grove by the Government Finance Officers Association: • The Certificate of Achievement for Excellence in Financial Reporting Award for the FY 2015 Comprehensive Annual Financial Report. This is the Village's 34`" CAFR Award. • The Popular Annual Financial Reporting Award FY 2015 Budget. This is the Village's 3rd PAFR Award. • The Distinguished Budget Presentation Award for the FY 2016 Budget. This is the Village's 5th budget award. Mr. Anderson thanked the Finance staff, and specifically Andrew Brown, for their work on these documents, as well as all the department heads and Evan Michel for their efforts in putting the budget document together. TRUSTEE REPORTS Trustee Stein reported on several State Championships that have been won by our local students. Trustee Berman reported that the next meeting with regard to the Deerfield Road Phase I Engineering and Environmental Study will be held on March 2, 2017, and urged residents to participate and voice their support for reasonable improvements to our transportation system. CONSENT AGENDA President Sussman explained the Consent Agenda, stating that any member of the audience or the Board could request that an item be removed for full discussion. The Village Clerk read a brief synopsis of each of the items on the Consent Agenda. Resolution No. 2017-6 — 2017 Volume Cap Q Packet Pg. 7 2.A Motion to pass Resolution No. 2017-6, a resolution of the Village of Buffalo Grove reallocating 2017 Volume Cap to the Village of Buffalo Grove. The Village is the host of the Private Activity Bond Clearinghouse for Lake County. This is the annual Resolution that transfers the Village's Volume Cap to the Clearinghouse. Resolution No. 2017-7 — Federal Surplus Program Motion to pass Resolution No. 2017-7, State of Illinois Federal Surplus Program. Approval of a resolution is required in order for the Village of Buffalo Grove to continue to participate in the Federal Surplus Property Program. Resolution No. 2017-5 — MFT Funds Motion to pass Resolution No. 2017-8, Calendar Year 2017 Village -Wide Street Maintenance Motor Fuel d Tax Resolution. This is the required IDOT Motor Fuel Tax (MFT) Resolution requesting MFT funds to be authorized, in part, for the 2017 calendar year Village -wide street maintenance program. Ordinance No. 2017-2 —1455 Busch Parkwav O �a Motion to pass Ordinance No. 2017-2, approving a Special Use for a recreational use at 1455 Busch o Parkway. The petitioner is seeking to open a recreational facility in a vacant 12,183 square foot tenant a space located at 1455 Busch Parkway. Q Ordinance No. 2017-3 — Text Amendments Motion to pass Ordinance No. 2017-3, approving Text Amendments to the Village's Sign Code and Zoning Ordinance. Staff is proposing multiple text amendments to the Village's Sign Code (Title 14 of the Municipal Code) and Village's Zoning Ordinance (Title 17 of the Municipal Code). Cardiac Monitor Purchase Motion to approve waiver of bid — Cardiac Monitor purchase. Staff recommends waiver of bids and authorization for staff to purchase the replacement cardiac monitors at a total not to exceed amount of $122,166.16 from Zoll Medical Corporation. The Village uses Zoll AED's, and in order to maintain seamless compatibility from the onset of a cardiac event through advanced life support, the continued use of Zoll cardiac monitors is requested and recommended. Ronnie Drive Storm Sewer Motion to approve waiver of bids and authorization to purchase Ronnie Drive Storm Sewer Improvements. Staff recommends waiving the bidding requirement and approval of a contract with Mark Meade Excavating, Inc., subject to Village Attorney approval of the contract. Portable Power and Lighting Motion to award bid for Portable Power and Lighting. Staff recommends an award of bid to Gen Power Inc., the lowest responsive and responsible bidder in an amount not to exceed $7,615.00. GHA Construction Management Motion to approve GHA Construction Management. Staff seeks authorization to execute an agreement with Gewalt Hamilton Associates, Inc. for resident engineering and construction staking services in an amount not to exceed $73,500.00. GHA Construction Management Packet Pg. 8 2.A Motion to approve GHA Bernard Survey for Phase 1 Study. Staff seeks authorization to execute an agreement with Gewalt Hamilton Associates, Inc. for survey and base plan preparation services in an amount not exceed $49,300.00. Baxter & Woodman Motion to approve Baxter & Woodman Support Services. Staff requests authorization to execute an agreement with Baxter & Woodman Control Systems Integration, LLC for supervisory control and data acquisition maintenance services and software maintenance support in an amount not to exceed $79,000.00, pending final review and approval of the agreement by the Village Attorney. Global Love Dav Motion to approve Proclamation Recognizing May 1, 2017 as Global Love Day. y d Moved by Johnson, seconded by Ottenheimer, to approve the Consent Agenda. Upon roll call, Trustees voted as follows: 0 AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson > NAYS: 0 — None o Motion declared carried. a Q ORDINANCE NO. 2017-4 — MASSAGE ESTABLISHMENTS Moved by Berman, seconded by Weidenfeld, to pass Ordinance No. 2017-4, amending Chapter 5.44, Massage Establishments, of the Buffalo Grove Municipal Code, in accordance with the memorandum contained in Board packets, and the draft ordinance dated February 27, 2017. Ms. Maltas reviewed the proposed ordinance, details of which are contained in the Village Board Meeting Agenda Item Overview that she prepared. Lengthy discussion followed, mainly with regard to whether or not the regulation for revocation is too broad and may have substantial adverse consequences on commercial property owners. It was determined that the language needs to be tailored to the actual goal to be accomplished. Moved by Berman, seconded by Trilling, to table the proposed ordinance. Upon roll call, Trustees voted as follows on the amended motion: AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson NAYS: 0 — None Motion declared carried. REPLACEMENT VEHICLE Moved by Stein, seconded by Weidenfeld, to authorize purchase of a replacement vehicle through the Suburban Purchasing Cooperative, in an amount not to exceed $31,128.70 pursuant to documentation in Board packets. Mr. Reynolds reviewed the proposed purchase, which has been included in the budget. Upon roll call, Trustees voted as follows on the amended motion: AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson NAYS: 0 — None Motion declared carried. Packet Pg. 9 2.A LINDEN AVENUE FORCE MAIN Moved by Stein, seconded by Johnson, to award bid for Linden Avenue Force Main Replacement to R. A. Mancini, Inc. in the amount of $238,000.00, in accordance with materials contained in Board packets. Mr. Monico reviewed the bids received for the Linden Avenue Force Main, details of which are contained in his memo to Mr. Bragg of February 3, 2017. Upon roll call, Trustees voted as follows: AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson NAYS: 0 — None Motion declared carried. d WATER MAIN IMPROVEMENT Moved by Stein, seconded by Ottenheimer, to approve award of bid for 2017 Water Main Improvements to _0 the lowest qualified bidder, Patnick Construction, Inc. in an amount of $189,061.95 in accordance with > materials contained in Board packets. a a Mr. Monico reviewed the proposed project. Q Upon roll call, Trustees voted as follows: AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson NAYS: 0 — None Motion declared carried. ARCHITECTURAL SERVICES Moved by Stein, seconded by Johnson, to authorize to procure architectural services with Wold Architects and Engineers pending final review and approval of the agreement by the Village Attorney; this is a one- year agreement with four possible one-year extensions, and is in accordance with materials contained in Board packets. Mr. Robinson reviewed the proposed agreements, details of which are contained in his memo to Mr. Bragg of February 21, 2017, after which he answered questions from the Board. Upon roll call, Trustees voted as follows: AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson NAYS: 0 — None Motion declared carried. GOLFVIEW LIFT STATION Moved by Stein, seconded by Ottenheimer, to approve award of bid for Golfview Lift Station Reconstruction to Bolder Contractors in an amount not to exceed $818,100.31, pending final review and approval of the contract and documents by the Village Attorney, and subject to materials contained in Board packets. Mr. Robinson reviewed the proposed project, details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. Upon roll call, Trustees voted as follows: Packet Pg. 10 2.A AYES: 6 — Berman, Trilling, Stein, Ottenheimer, Weidenfeld, Johnson NAYS: 0 — None Motion declared carried. UESTIONS 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. ADJOURNMENT Moved by Trilling, seconded by Berman, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 8:35 P.M. N d c 0 Janet M. Sirabian, Village Clerk j 0 L O. Q. APPROVED BY ME THIS 20th DAY OF March 2017 Q a 0 M ti Village President Packet Pg. 11 2.B MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON MONDAY, MARCH 6, 2017 Village President Pro Tern Berman called the meeting to order at 7:30 P.M. CALL TO ORDER ROLL CALL Roll call indicated the following present: Trustees Berman, Trilling, Stein, Ottenheimer, Weidenfeld and Johnson. President Sussman was absent, N Also present were: Dane Bragg, Village Manager; William Raysa, Village Attorney; Jennifer Maltas, Deputy d 3 Village Manager; Scott Anderson, Director of Finance; Andrew Brown, Deputy Direct of Finance, Art Malinowski, Hmnan Resource Director; Peter Cahill, Human Resources Management Analyst; Evan Michel, 2 Management Analyst; Brett Robinson, Director of Purchasing; Chris Stilling, Director of Community o Development; Nicole Woods, Village Planner; Mike Reynolds, Director of Public Works; Darren Monico, Village Engineer; Police Chief Casstevens; Deputy Fire Chief Wagner. o a a The Committee of the Whole Meeting consisted of staff reports and Board discussion on the following issues. Q BG CONNECT APPLICATION Mr. Michel demonstrated the BG Connect Application. This application allows residents to submit questions and requests for service to the Village via their phones. PROGRAM BASED BUDGET — STATUS UPDATE Mr. Anderson reviewed the budget conversion process, details of which are contained in his memo to Mr. Bragg of March 2, 2017. Mr. Robinson provided an overview of the bidding process. OVERVIEW OF BID PROCESS LAKE COOK ROAD CORRIDOR Representatives from HOK provided a draft of the Lake Cook Corridor Market Study and Existing Conditions Report, which is the deliverable for the second phase of the project. Staff then answered questions from members of the public. QUESTIONS FROM THE AUDIENCE President Pro Tern Berman 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 MEETING Moved by Johnson, seconded by Ottenheimer, to move to Executive Session to discuss Section 2(C)(1) of the Illinois Open Meetings Act: the Appointment, Employment, Compensation, Discipline, Performance, or Dismissal of Specific Employees of the Public Body or Legal Counsel for the Public Body, Including Hearing Testimony on a Complaint Lodged Against an Employee of the Public Body or Against Legal Counsel for the Public Body to Determine its Validity. Packet Pg. 12 2.B The Board moved Executive Session from 9:25 to 11:13 P.M. ADJOURNMENT Moved by Weidenfeld, seconded by Stein, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 11:14 P.M. Janet M. Sirabian, Village Clerk APPROVED BY ME THIS 20th DAY OF March 2017 Village President Q Packet Pg. 13 3.A Action Item : Approval of Warrant #1274 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. Staff recommends approval of Warrant #1274 which totals $2,061,337.14. ATTACHMENTS: • W#1274 SUMMARY (PDF) Trustee Liaison Johnson Monday, March 20, 2017 Staff Contact Scott Anderson, Finance Updated: 3/14/2017 11:12 AM Page 1 Packet Pg. 14 3.A.a VILLAGE OF BUFFALO GROVE WARRANT #1274 20-Mar-17 General Fund: 603,717.22 Parking Lot Fund: 321.53 Motor Fuel Tax Fund: 0.00 Debt Service Fund: 0.00 School & Park Donations 0.00 Capital Projects -Facilities: 4,491.01 Capital Projects -Streets: 9,379.01 Health Insurance Fund: 0.00 M ti N Facilities Development Debt Service Fund: 0.00 c ca L Retiree Health Savings (RHS): 16,654.46 L Water Fund: 127,294.65 Go Buffalo Grove Golf Fund: 9,849.76 Q Arboretum Golf Fund: 112,820.34 Refuse Service Fund: 59,078.85 N Information Technology Internal Service Fund: 119,588.82 Central Garage Internal Service Fund: 52,065.66 E Building Maintenance Internal Service Fund: 46,769.78 1,162, 031.09 a PAYROLL PERIOD ENDING 03/09/17 899,306.05 899,306.05 TOTAL WARRANT #1274 2,061,337.14 APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Village Clerk Village President Packet Pg. 15 4.A Information Item : Proclamation Recognizing Girl Scout Week ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. A proclamation recognizing Girl Scout Week. ATTACHMENTS: • girl scout 2017 (DOC) Trustee Liaison Sussman Monday, March 20, 2017 Staff Contact Dane Bragg, Office of the Village Manager Updated: 3/16/2017 7:47 AM Page 1 Packet Pg. 16 4.A.a r '4 l,y r I (, .i )"IIl Village of Buffalo Grove PROCLAMATION HONORING GIRL SCOUT WEEK 2017 WHEREAS, Girl Scouts is a global movement that thinks big and acts locally. Programs and experiences are designed to help every girl discover her sparkle. In addition to singing, dancing, hiking, and canoeing, our local Girl Scouts use problem -solving skills to make an impact in our community and around the world; and WHEREAS, the mission of Girl Scouts is to change lives by building girls of courage, confidence, and character, who make the world a better place; and WHEREAS, more than 55,440 girls and 21,380 adults are involved locally; and WHEREAS, Girl Scouts of Greater Chicago and Northwest Indiana join Girl Scouts all around ib 00 the nation to make the world a better place and celebrate Girl Scout Week. This week honors the Girl Scouts' 105th anniversary of Girl Scouting in the United States; and 0 N WHEREAS, March 12th also begins the 101th anniversary of the Gold Award, the highest c award a Girl Scout can earn. During the next 100 days, girls will be doing service in their U U) communities such as the Birthday in a Bag project for our local food pantries; L .5 NOW, THEREFORE, BE IT RESOLVED that I, Beverly Sussman, former Girl Scout and now President of the Village of Buffalo Grove, do hereby recognize National Girl Scout Week, and z declare the same as official Girl Scout Week in Buffalo Grove. ca a FURTHER, I urge all citizens of Buffalo Grove to join me in recognizing the achievements and leadership of our local Girl Scouts and volunteers; thank them for their valuable community service and encourage the future success of this organization. Proclaimed this 20th day of March 2017. Beverly Sussman, Village President Packet Pg. 17 4.B Information Item : Appointment of Roger Sosa to Buffalo Grove Days Committee ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends appointment. With the advice and consent of the Village Board, President Sussman will recommend the appointment of Roger Sosa as member of the Buffalo Grove Days Committee. Trustee Liaison Sussman Monday, March 20, 2017 Staff Contact Dane Bragg, Office of the Village Manager Updated: 3/16/2017 2:44 PM Page 1 Packet Pg. 18 5.A Information Item : Police Officer of the Year Award ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends presentation. The Buffalo Grove Rotary Club President, Dane Bragg, will present the 2016 Police Officer of the Year Award to Police Officer James Harris. Trustee Liaison Trilling Monday, March 20, 2017 Staff Contact Steven Casstevens, Police Updated: 3/16/2017 2:41 PM Page 1 Packet Pg. 19 8.A Resolution No. R-2017-9 : Resolution to Continue Participation in the State of Illinois Joint Purchasing Program ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: The State of Illinois requires the Village of Buffalo Grove pass a Resolution of Participation to continue to purchase from State led joint purchasing contracts. ATTACHMENTS: • SOIL JP Res (PDF) • SOIL JPA (PDF) Trustee Liaison Johnson Monday, March 20, 2017 Staff Contact Brett Robinson, Finance Updated: 3/16/2017 2:45 PM Page 1 Packet Pg. 20 Resolution 8.A.a £ga � STATE OF ILLINOIS JOINT PURCHASING PROGRAM CMS x�. .. 1g,r PARTICIPATION RESOLUTION Pursuant to the rules promulgated by the Illinois Department of Central Management Services ("Department") in furtherance of the Illinois Governmental Joint Purchasing Act, BE IT HEREBY RESOLVED BY THE The Village of Buffalo Grove Name of Governmental Unit L That said governmental unit does hereby agree on a voluntary basis to participate in the Joint o Purchasing Program administered by the Department from the date of this resolution until such time a as the Department is given written notice this resolution is revoked. c .N BE IT FURTHER RESOLVED THAT Brett Robinson - Purchasing Manager Name and Title of Contact Person i a Is hereby authorized and directed to execute on behalf of the governmental unit all necessary forms, application c requisitions, and other documents related to this program. N DATE OF PASSAGE o c OFFICER OF GOVERNMENTAL ENTITY (BOARD MEMBER) w 0 d Print Name: Title: o in Signature: a, n ATTEST (OFFICIAL OF GOVERNING BODY) N Print Name: Title: N d Signature: a Contact Information: O Cn Mailing Address: 50 Raupp Blvd. c a� City/Zip Code: Buffalo Grove, IL 60089 E s v County: Cook Q E-Mail: BGFinance4,vbg.org Phone: 847-459-2500 (Area Code) Fax: 847-459-7906 (Area Code) Return to: Joint Purchasing Coordinator Department of Central Management Services 801 Stratton Office Building Springfield, IL 62706 30 Packet Pg. 21 8.A.b (30 ILCS 525/) Governmental Joint Purchasing Act. (30 ILCS 525/0.01) (from Ch. 85, par. 1600) Sec. 0.01. Short title. This Act may be cited as the Governmental Joint Purchasing Act. (Source: P.A. 86-1324.) (30 ILCS 525/1) (from Ch. 85, par. 1601) Sec. 1. For the purposes of this Act, "governmental unit" means State of Illinois, any State agency as defined in Section 1-15.100 of the Illinois Procurement Code, officers of the State of Illinois, any public authority which has the power to tax, or any other public entity created by statute. (Source: P.A. 98-1076, eff. 1-1-15.) (30 ILCS 525/2) (from Ch. 85, par. 1602) Sec. 2. Joint purchasing authority. (a) Any governmental unit may purchase personal property, supplies and services jointly with one or more other governmental units. All such joint purchases shall be by competitive solicitation as provided in Section 4 of this Act. The provisions of any other acts under which a governmental unit operates which refer to purchases and procedures in connection therewith shall be superseded by the provisions of this Act when the governmental units are exercising the joint powers created by this Act. (a-5) A chief procurement officer established in Section 10-20 of the Illinois Procurement Code may authorize the purchase of personal property, supplies, and services jointly with a governmental entity of this or another state or with a consortium of governmental entities of one or more other states. Subject to provisions of the joint purchasing solicitation, the appropriate chief procurement officer may designate the resulting contract as available to governmental units in Illinois. (b) Any not -for -profit agency that qualifies under Section 45-35 of the Illinois Procurement Code and that either (1) acts pursuant to a board established by or controlled by a unit of local government or (2) receives grant funds from the State or from a unit of local government, shall be eligible to participate in contracts established by the State. (Source: P.A. 96-584, eff. 1-1-10; 97-895, eff. 8-3-12.) (30 ILCS 525/3) (from Ch. 85, par. 1603) Sec. 3. Conduct of competitive procurement. Under any agreement of governmental units that desire to make joint purchases pursuant to subsection (a) of Section 2, one of the governmental units shall conduct the competitive procurement process. Where the State of Illinois is a party to the joint purchase agreement, the appropriate chief procurement officer shall conduct or authorize the competitive procurement process. Expenses of such competitive procurement process may be shared by the participating governmental units in proportion to the amount of personal property, supplies or services each unit purchases. When the State of Illinois is a party to the joint purchase agreement pursuant to subsection (a) of Section 2, the acceptance of responses to the competitive procurement process shall be in accordance with the Illinois Procurement 26 Packet Pg. 22 8.A.b Code and rules promulgated under that Code. When the State of Illinois is not a party to the joint purchase agreement, the acceptance of responses to the competitive procurement process shall be governed by the agreement. When the State of Illinois is a party to a joint purchase agreement pursuant to subsection (a-5) of Section 2, the State may act as the lead state or as a participant state. When the State of Illinois is the lead state, all such joint purchases shall be conducted in accordance with the Illinois Procurement Code. When Illinois is a participant state, all such joint purchases shall be conducted in accordance with the procurement laws of the lead state; provided that all such joint procurements must be by competitive solicitation process. All resulting awards shall be published in the appropriate volume of the Illinois Procurement Bulletin as may be required by Illinois law governing publication of the solicitation, protest, and award of Illinois State contracts. Contracts resulting from a joint purchase shall contain all provisions required by Illinois law and rule. The personal property, supplies or services involved shall be distributed or rendered directly to each governmental unit taking part in the purchase. The person selling the personal property, supplies or services may bill each governmental unit separately for its proportionate share of the cost of the personal property, supplies or services purchased. The credit or liability of each governmental unit shall remain separate and distinct. Disputes between bidders and governmental units shall be resolved between the immediate parties. (Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.) (30 ILCS 525/4) (from Ch. 85, par. 1604) Sec. 4. Bids, offers, and small purchases. The purchases of all personal property, supplies and services under this Act, except for small purchases, shall be based on competitive solicitations and shall follow the same procedures used for competitive solicitations made pursuant to the Illinois Procurement Code. For purchases pursuant to subsection (a) of Section 2, bids and offers shall be solicited by public notice inserted at least once in a newspaper of general circulation in one of the counties where the materials are to be used and at least 5 calendar days before the final date of submitting bids or offers. Where the State of Illinois is a party to the joint purchase agreement, public notice soliciting the bids or offers shall be published in the appropriate volume of the Illinois Procurement Bulletin. Such notice shall include a general description of the personal property, supplies or services to be purchased and shall state where all blanks and specifications may be obtained and the time and place for the opening of bids and offers. The governmental unit conducting the competitive procurement process may also solicit sealed bids or offers by sending requests by mail to potential contractors and by posting notices on a public bulletin board in its office. Small purchases pursuant to this Section shall follow the same procedure used for small purchases in Section 20-20 of the Illinois Procurement Code. All purchases, orders or contracts shall be awarded to the lowest responsible bidder or highest -ranked offeror, taking into consideration the qualities of the articles or services supplied, their conformity with the specifications, their suitability to the requirements of the participating 27 Packet Pg. 23 8.A.b governmental units and the delivery terms. Where the State of Illinois is not a party, all bids or offers may be rejected and new bids or offers solicited if one or more of the participating governmental units believes the public interest may be served thereby. Each bid or offer, with the name of the bidder or offeror, shall be entered on a record, which record with the successful bid or offer, indicated thereon shall, after the award of the purchase or order or contract, be open to public inspection. A copy of all contracts shall be filed with the purchasing office or clerk or secretary of each participating governmental unit. (Source: P.A. 97-895, eff. 8-3-12; 98-1076, eff. 1-1-15.) (30 ILCS 525/4.1) (from Ch. 85, par. 1604.1) Sec. 4.1. Purchases made pursuant to this Act shall be made in compliance with the "Local Government Prompt Payment Act", approved by the Eighty-fourth General Assembly. (Source: P.A. 84-731.) (30 ILCS 525/4.2) (from Ch. 85, par. 1604.2) Sec. 4.2. Any governmental unit may, without violating any bidding requirement otherwise applicable to it, procure personal property, supplies and services under any contract let by the State pursuant to lawful procurement procedures. Purchases made by the State of Illinois must be approved or authorized by the appropriate chief procurement officer. (Source: P.A. 97-895, eff. 8-3-12.) (30 ILCS 525/5) (from Ch. 85, par. 1605) Sec. 5. The provisions of this Act shall not apply to public utility services. (Source: Laws 1961, p. 3382.) (30 ILCS 525/6) (from Ch. 85, par. 1606) Sec. 6. The powers and authority conferred by this Act shall be construed as in addition and supplemental to powers or authority conferred by any other law and nothing in this Act shall be construed as limiting any other powers or authority of any public agency. (Source: P.A. 76-641.) 28 Packet Pg. 24 8.B Resolution No. R-2017-10 : Adopt the Village's 2017 Zoning Map ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... .......................... Recommendation of Action .................................................................................................................................................................................................................................................................................................................................................� Staff recommends approval of the attached zoning map. SUMMARY: Pursuant to State Statute, the Village of Buffalo Grove is required to publish its official zoning map by March 31, 2017. Since last year's update, the map has been revised to reflect the annexation and rezoning for the MJK Development on Milwaukee Avenue and the rezoning for the Woodman's project. ATTACHMENTS: • Resolution No. 2017--Village Zoning Map (DOCX) • Zoning Map (PDF) Trustee Liaison Berman Monday, March 20, 2017 Staff Contact Chris Stilling, Community Development Updated: 3/14/2017 1:11 PM Page 1 Packet Pg. 25 8.B.a 3/13/2017 RESOLUTION NO. 2017 — A RESOLUTION ADOPTING THE OFFICIAL ZONING MAP OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS WHEREAS, Illinois statute requires annual publication of the Village's official zoning map; and, WHEREAS, the Village of Buffalo Grove has compiled a zoning map attached hereto as Exhibit A depicting zoning districts as required by State statute. 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 map attached hereto as Exhibit A is hereby adopted as the Village's official Zoning Map. AYES: NAYS: ABSENT: PASSED: APPROVED: ATTEST: Village Clerk APPROVED: Beverly Sussman, Village President 8.B.a EXHIBIT A 2017 Zoning Map 0 T- 0 N Q m 2 cm C O N d to �I ti 0 N O Z C O O U! G1 C G1 E s �a Q Vi 8.0 Ordinance No. 0-2017-5 : Ordinance Amending Section 2.08.040, Duties of the Buffalo Grove Municipal Code ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: The item amends the section in regard to litigation or potential litigation involving the Village of Buffalo Grove, including, but not limited to workers compensation claims. The ordinance gives the Village Manager settlement authority that was previously done through IRMA. ATTACHMENTS: • Ordinance_Amending_Chapter_2_08_040_-_Duties_of_Village_Manager (DOC) Trustee Liaison Berman Monday, March 20, 2017 Staff Contact Arthur a Malinowski, Human Resources Updated: 3/16/2017 2:55 PM Page 1 Packet Pg. 29 8.C.a Underlined = addition 03/06/2017 #684417 DRAFT FOR DISCUSSION PURPOSES ORDINANCE NO. 2017 - AN ORDINANCE AMENDING SECTION 2.08.040, DUTIES, OF THE BUFFALO GROVE MUNICIPAL CODE 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. The foregoing recital is hereby adopted and incorporated into and made a part of this Ordinance as if fully set forth herein. Section 2. Subsection T. is hereby added to Section 2.08.040, Duties, of the Buffalo Grove Municipal Code to read as follows: Section 2.08.040 Duties T. Settlement of Litigation. In the event there is litigation or potential litigation involving the Village of Buffalo Grove, including, but not limited to workers compensation claims, the Village Manager shall be authorized settlement authority on behalf of the Village under the following limitations: 1. Settlements of $20,000 or less — Authorized by the Village Manager. 2. Settlements between $20,001 and $50,000 — Village Manager shall advise the Corporate Authorities of the proposed settlement and afford the Corporate Authorities the opportunity to discuss the matter at the first re ug larly scheduled Village Board Meeting following such notice. Should the Corporate Authorities not elect to discuss the matter and provide other direction, then the Manager shall be authorized to settle. 3. Settlements over $50,001 — Require Corporate Authority discussion and formal notion_ Packet Pg. 30 8.C.a As it relates to workers compensation claims, the above guidelines are sole, for settlement purposes of the claim. Medical related expenses and workers compensation wages, are required under law and not subject to the provisions of this Section. Section 3. 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 4. 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. AYES: NAYES: ABSENT: PASSED: , 2017 APPROVED: 2017 PUBLISHED: , 2017 APPROVED: Beverly Sussman, Village President ATTEST: Janet Sirabian, Village Clerk #684417 Packet Pg. 31 8.D Ordinance No. 0-2017-6 : Ordinance Amending Fiscal 2016 Budget of the Village of Buffalo Grove ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: The Ordinance formally adopts the Village's FY 2016 Budget Amendments. The Budget amendments proposed modify the budget document to provide a more transparent document by amending the original revenue and expenditure amounts budgeted at the fund level. ATTACHMENTS: • FY 2016 Budget Amendment Memo (DOC) • Budget Amendments (Operating Pre -Audit) Ordinance for FY 2016 (DOC) • Proposed Budget Amendments FY2016 (PDF) Trustee Liaison Staff Contact Johnson Scott Anderson, Finance Monday, March 20, 2017 Updated: 3/16/2017 3:22 PM Page 1 Packet Pg. 32 8.D.a VILLAGE 1 1)1J!!AL0 GROVE TO: SCOTT D. ANDERSON FROM: ANDREW D. BROWN SUBJECT: FY 2016 BUDGET AMENDMENTS DATE: 3/16/2017 Attached, please find an Ordinance for consideration by the President and Board of Trustees formally adopting the Village's FY 2016 Budget Amendments. The Budget was presented to the Village President and Board of Trustees on November 16, 2015. Notice of public hearing was published on November 9tn in the Daily Herald. The Village President and Board of Trustees unanimously approved the 2016 Budget on December 7, 2015. The Budget amendments proposed modify the budget document to provide a more transparent document by amending the original revenue and expenditure amounts budgeted at the fund level. The amendments allow the Village to show revenues and expenditures that exceeded original budget estimates before the Annual Audit is completed. The Finance Department will likely propose additional amendments once the annual audit is complete. All budget amendments proposed do not effect the integrity of the budget as it is still balanced. The Village has a pre -audit surplus of $2.26 million in the general fund and $12.4 million across all funds. A list of itemized amendments is attached to this memo. Packet Pg. 33 8.D.b ORDINANCE NO. 2017 - AN ORDINANCE AMENDING 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 et seq., and Section 2.08.043 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 2.08.43 of the Village of Buffalo Grove Municipal Code, the Village adopted an annual budget for fiscal year 2016, by Village ordinance number 2015-73, on December 7, 2015 in the amount of $74,908,608; and WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove find that an amendment to the annual budget ordinance is necessary at this time to more accurately reflect the experience of the 2016 fiscal yea r. 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. That in order to more accurately reflect the experience of fiscal year 2016, certain budget amendments are necessary per the attached. SECTION 2. That these amendments should reflect actual revenues and expenditures for fiscal year 2016 and will increase the total amount of the budgeted revenue by $6,477,806 and budgeted expenditures by $7,248,637 SECTION 3. That the following amendments be made to the various department and line item accounts as specified. (Exhibit A) SECTION 4. Additional funds are available to effectuate this revision. SECTION 5. That this ordinance shall be in full force and effect after the passage and publication pursuant to the laws of the State of Illinois and the Village of Buffalo Grove. AYES: NAYES: ABSENT: PASSED: 12017. APPROVED: 2017. PUBLISHED: 2017. Village President ATTEST: Village Clerk Packet Pg. 34 8.D.b Al ti O N 0 O N LL L 0 d (i m L 0 3 Q d L a c L d Q 0 N d E E a 0 0) 3 m C Q E t t� a Packet Pg. 35 8Dc Exhib Budget Adjustments Amount Description Revenue M FT 130.410.60 50,000.00 Additional revenue above forecasted budget amount Debt Svc 140.460.05 87,447.00 2016 bond issue interest payment funding Capital Projects Street 160.470.05 6,125,000.00 2016 bond issue 160.470.06 100,779.00 2016 bond issue School and Park Donations 240.435.90 18,831.00 Unbudgeted funds from development projects 240.435.91 12,198.00 Unbudgeted funds from development projects 240.435.92 10,670.00 Unbudgeted funds from development projects 240.435.93 67,881.00 Unbudgeted funds from development projects 240.435.94 5,000.00 Unbudgeted funds from development projects Expenditure M FT Additional expenditures incurred using additional revenue 130.75.560.20 50,000.00 received. Debt Svc 140.85.565.20 87,447.00 2016 bond issue interest payment Capital Projects Street 160.75.560.20 6,002,377.26 2016 bond issue proceeds spent on road infrastructure 160.75.560.25 135,955.00 2016 bond issue proceeds spent on road infrastructure 160.75.570.20 87,446.74 2016 bond issue interest payment funding Fire Pension 230.505.61 341,368.00 Additional expenditures for new retirees School and Park Donations Payments requested from Governmental units for funds 240.90.580.05 386,845.00 collected from development projects. Retiree Health Savings 250.91.505 157,198.00 Unbudgeted payments made to new retirees Packet Pg. 36 8.E Ordinance No. 0-2017-7 : An Ordinance Amending Chapter 5.20, Liquor Controls, Hours of Operation for the Class "A" Liquor Licenses ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Recommendation of Action Staff recommends approval. SUMMARY: The draft Ordinance will amend Section 5.20.120 - Hours of operation, for the Class A liquor licenses, to allow service of alcohol to begin on Sundays at 6:00 a.m. rather than 9:00 a.m. to address beverage service at the golf courses. ATTACHMENTS: • Class A Hours of operation Draft Ord (DOCX) • Class A Liquor License Hours 3-10-17 (DOCX) Trustee Liaison Sussman Monday, March 20, 2017 Staff Contact Julie Kamka, Community Development Updated: 3/16/2017 3:25 PM Page 1 Packet Pg. 37 8.E.a Underlined = addition Str-ikethfetigh-s = deletion 03/10/2017 ORDINANCE NO.2017 - 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: 5.20.120 - Hours of operation. A. It is unlawful for a liquor licensee to authorize or permit the dispensing, giving, selling, delivery, possession or consumption of any alcoholic liquor except during the following hours of operation: Hours of Operation Class of Monday —Thursday Friday Saturday Sunday License 6:00 a.m.-1:00 a.m. 6:00 a.m.200 a.m. 6:00 a.m. 2:00 a.m. -96:00 a.m.-1:00 a.m. A the following day Saturday Sunday Monday 6:00 a.m.-1:00 a.m. 6:00 a.m.200 a.m. 6:00 a.m. 2:00 a.m. 9:00 a.m.-1:00 a.m. B the following day Saturday Sunday Monday 7:00 a.m.-12:00 7:00 a.m.-12:00 7:00 a.m.-12:00 9:00 a.m.12:00 C midnight midnight midnight midnight 7:00 a.m.-12:00 7:00 a.m.-12:00 ............................................................................. 7:00 a.m.-12:00 9:00 a.m.12:00 midnight midnight midnight midnight 7:00 a.m.-12:00 7:00 a.m.-12:00 ............................................................................. 7:00 a.m.-12:00 9:00 a.m.12:00 D1 midnight midnight midnight midnight 6:00 a.m.-1:00 a.m. 6:00 a.m. 2:00 a.m. ............................................................................. 6:00 a.m.-2:00 a.m. 9:00 a.m.-1:00 a.m. E the following day Saturday Sunday Monday F 6:00 a.m.-1:00 a.m. 6:00 a.m.-2:00 a.m. 6:OO a.m. 2:OO a.m. 9:00 a.m.-1:00 a.m. u Packet Pg. 38 8.E.a the following day Saturday Sunday Monday 6:00 a.m.-1:00 a.m. .......................................................... 6:00 a.m. 2:00 a.m. 6:00 a.m. 2:00 a.m. 9:00 a.m.-1:00 a.m. G the following day Saturday Sunday Monday H 8:00 a.m.-5:00 p.m. 8:00 a.m.-5:00 p.m. 8:00 a.m.-5:00 p.m. I 7:00 a.m.-1:00 a.m. 7:00 a.m.-2:00 a.m. 7:00 a.m. 2:00 a.m. 9:00 a.m.-1:00 a.m. o ° L 7:00 a.m.-12:00 7:00 a.m.-12:00 7:00 a.m.-12:00 9:00 a.m.-12:00 Q- O J midnight midnight midnight midnight c N L 6:00 a.m. — 1:00 a.m. m. 6:00 a. — 1:00 a.m. 6:00 a.m.-1:00 a.m. 6:00 a.m.-1:00 a.m. ° = K the following day the following day the following day the following day N C Section 2. A. 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: , 2017 APPROVED: ATTEST: Janet M. Sirabian, Village Clerk 2017 Beverly Sussman, Village President 2 16 Packet Pg. 39 8.E.b "II'Le GE OF BUFFL � _ VI MEMORANDUM DATE: March 14, 2017 TO: President Beverly Sussman and Trustees FROM: Julie Kamka, Deputy Village Clerk SUBJECT: Amending the Hours of Operation — Class A Liquor Licenses Is Both Village -owned golf courses, the Buffalo Grove Golf Course and The Arboretum Golf Course, hold Class A Liquor Licenses. Pursuant to Chapter 5.20.120, the hours of operation for a Class A license allow the service of alcohol to begin as early as 6:00 a.m. every day of the week except on Sundays. Upon staff discussions with the new tenant at the Buffalo Grove Golf Course, BRI Incorporated d/b/a The Wild Buffalo, it was determined that the Class A license should be amended to allow the service of alcohol to begin as early as 6:00 a.m. on Sundays. In addition, this would not be the only liquor license Class to allow service on Sundays to begin at 6:00 a.m. Currently, Class K licenses allows service to begin at 6:00 a.m. on Sundays. ACTION REQUESTED Staff recommends approval. Page 1 of 1 Packet Pg. 40 8.F Ordinance No. 0-2017-8 : An Ordinance Amending Chapter 5.20, Liquor Controls, Reserving a Class a and a Class D Liquor License for BRI Incorporated D/B/A the Wild Buffalo, 48 Raupp Boulevard ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Recommendation of Action Staff recommends approval. SUMMARY: A Class A liquor license and a Class D liquor license is reserved for BRI Incorporated d/b/a The Wild Buffalo at 48 Raupp Boulevard. This reservation is subject to the applicant completing Village requirements for said licenses on or before May 19, 2017. The Village Manager shall have the authority to extend the May 19, 2017 date for good cause shown. If not so extended, this reservation shall cease. ATTACHMENTS: • Class A & D - BRI Incorporated, 48 Raupp Blvd 3-9-17 (DOCX) Trustee Liaison Sussman Monday, March 20, 2017 Staff Contact Julie Kamka, Community Development Updated: 3/14/2017 12:49 PM Page 1 Packet Pg. 41 8.F.a Underlined = addition Stfikethfetigh-s = deletion 03/09/2017 ORDINANCE NO.2017 - 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 5. Sushi Grove, Inc. 6. Midas Banquets, Inc. d/b/a Astoria Banquets 7. Progressive Management Services, LLC 8. Chef Adam, Inc. d/b/a The Grove Banquets and Catering 9. La Minita, Inc. d/b/a Mi Mexico Mexican Restaurant 10. Prairie House Tavern LLC 11. K1 Speed, Inc. 12. SHK, USA, Inc. d/b/a Kum Kang San 13. Leiserv, LLC d/b/a Bowlero — Buffalo Grove 14. Legas, Inc. d/b/a Rivaj Indian Cuisine 1 Address 85 South Buffalo Grove Road 800 Lake -Cook Road 312 McHenry Road 301 Weiland Road 154-158 McHenry Road 1375 W. Dundee Road 401 Half Day Road 301 Weiland Road 220 N. Milwaukee Avenue 2710 Main Street 301 Hastings Lane 1329 W. Dundee Road 350 McHenry Road 1034 Weiland Road Packet Pg. 42 8.F.a 15. Auro Caf6, LLC d/b/a Mango Leaf Indian Restaurant and Banquet 228 McHenry Road 16. Le Presa Restaurant, Inc. 86 W. Dundee Road 17. BRI Incorporated d/b/a The Wild Buffalo 48 Raupp Boulevard Section 2. 5.20.072 Licenses authorized. D. Class D. Licensee and d/b/a 1. Pardeep Inc. d/b/a 7-Eleven 2. Aldi, Inc. 3.Nino's Pizzaria, Inc. ;::. BRI Incorporated d/b/a The Wild Buffalo Address It65 Weiland Road 1202 Dundee Road 960 S. Buffalo Grove Road 1ENOMWAMMEM Section 3. A. A Class A liquor license and a Class D liquor license is reserved for BRI Incorporated d/b/a The Wild Buffalo at 48 Raupp Boulevard. This reservation is subject to the applicant completing Village requirements for said licenses on or before May 19, 2017. The Village Manager shall have the authority to extend the May 19, 2017 date for good cause shown. If not so extended, this reservation shall cease. 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: 2017 APPROVED: , 2017 ATTEST: Janet M. Sirabian, Village Clerk Beverly Sussman, Village President 2 Packet Pg. 43 8.G Ordinance No. 0-2017-9 : Amendment to Special Use Ordinance 2016-13 for No Escape Located at 1501 W Dundee Road ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action The Planning and Zoning Commission unanimously recommended approval, subject to conditions. Staff concurs with this recommendation. SUMMARY: In 2016, the Village Board approved Ordinance 2016-13 granting a Special Use for an amusement establishment called No Escape at 1501 W Dundee Road. The petitioners business has outgrown their existing space and they are looking to expand into an additional 1,340 square feet. As a result, an amendment to their Special Use is required. ATTACHMENTS: • BOT Memo (DOCX) • Draft Ordinance (DOCX) • Petitioners Letter (PDF) • Responses to Special Use (PDF) • Floor Plan (PDF) Trustee Liaison Weidenfeld Monday, March 20, 2017 Staff Contact Brian Sheehan, Community Development Updated: 3/16/2017 3:32 PM Page 1 Packet Pg. 44 8.G.a "II'Le GE OF BUFFL � _ VI MEMORANDUM DATE: March 14, 2017 TO: President Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development Is SUBJECT: Special Use Amendment for an Amusement Establishment- 1501 W. Dundee Road. BACKGROUND Currently the Petitioners, Max Geht and Mike Trayvas, are co -owner's of an existing approved Special Use amusement establishment business, No Escape, located at 1501 West Dundee Road, Suite 103, in the Plaza Verde West Shopping Center. In 2016, the Village Board approved Ordinance 2016-13 granting a Special Use for an amusement establishment in a 536 square foot tenant space. The petitioners business has already outgrown their existing space and they are looking to expand into an additional 1340 square feet. As a result, an amendment to their Special Use is required. PLANNING & ZONING COMMISSION (PZC) RECOMMENDATION The PZC unanimously recommended approval (9-0) of the special use subject to the following conditions: 1. The special use as an amusement establishment is granted to Max Geht and Mike Trayvas and said special use does not run with the land. 2. The special use granted to Max Geht and Mike Trayvas is assignable to subsequent petitioners, seeking assignment of this special use as follows: a. Upon application of a petitioner seeking assignment of this special use, the Corporate Authorities, in their sole discretion, may refer said application of assignment to the appropriate commission(s) for a public hearing or may hold a public hearing at the Village Board. b. Such assignment shall be valid only upon the adoption of a proper, valid and binding ordinance by the Corporate Authorities granting said assignment, which may be granted or denied for any reason. PUBLIC HEARING COMMENTS There were no comments from the public concerning this request. Page 1 of 2 Packet Pg. 45 8.G.a PLANNING AND ZONING ANALYSIS Proposed Use The proposed business is looking to expand into two existing Suites located directly across the hall from their current use. The current space within Suite 103 is 536 square feet. Suite 102 is 804 square feet and Suite 104 is 536 square feet, bringing the total space being utilized to 1876 square feet. The additional space will be used for the same intellectual, team building group exercise for persons over the age of 12 as the current space is being used for, although it will allow for up to three games to be played concurrently. Additionally, some of the new space will be used as a reception and waiting area for their clients. The business concept is for the guests to complete/solve a series of quests, tasks, challenges and logical puzzles in order to "escape" from the room. Each session lasts 60 minutes and customers are required to make reservations in advance. Hours of operation are expected to remain the same as they are currently 6PM to 10PM on weekdays and 10AM to 10PM on weekends. There is no food or drink that will be offered for sale and there is no music involved with the game and loud noise/behavior is not allowed. The emergency means of egress will be maintained and accessible at all times and 2-4 employees will be onsite at all times. Existing Use and Surrounding Uses The building and tenant space is located within the Plaza Verde West Shopping Center. This property is zoned B-3 PUD and the existing uses are a mixture of retail, service and office. The petitioners requested use is compatible with the adjacent uses. The proposed use is consistent with the other currently established uses in the B-3 Zoning District. Parking The parking analysis used the most stringent parking requirements for the entertainment use group, or 1 parking space for every 2.5 seats. Based upon the owner's information that at any one time there will be a maximum of 40 persons occupying the business, 36 customers and 4 employees, the parking requirements for this use would be a total of 16 parking spaces. The Plaza Verde West Shopping Center has 255 parking spaces allocated to the center as depicted on the drawing above. Over the past year of operation of the business there have been no complaints or parking issues at the center. Consequently, staff feels that parking will not be problematic with this expansion. ACTION REQUESTED Staff recommends that the Village Board approve an ordinance granting an amendment to the special use for the property at 1501 W. Dundee Road. Page 2 of 2 Packet Pg. 46 8.G.b 3/7/2017 ORDINANCE NO. 2017 - AN ORDINANCE APPROVING AN AMENDMENT TO THE SPECIAL USE FOR AN AMUSEMENT ESTABLISHMENT IN THE B3 PLANNED BUISNESS DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS No Escape, Inc. 1501 W. Dundee Road, Suites 102, 103 and 104 Special Use for an amusement establishment 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 B-3 Planned Business Center District; and, WHEREAS, the Village Board approved Ordinance 2016-013 on March 21, 2016 approving a Special Use for an amusement establishment in Suite 103 at 1501 West Dundee Road which is in the B3 Planned Business Center District; and, WHEREAS, Max Geht and Mike Trayvas of No Escape, Inc. ("Petitioner"), as a lessee of the Property, has petitioned the Village for approval of an amendment to the special use to expand the amusement establishment to Suites 102 and 104 at 1501 West Dundee Road which is in the B3 Planned Business Center District; and, WHEREAS, the Village Plan Commission conducted a public hearing on March 1, 2017 concerning the petition for amendment of the special use; and, WHEREAS, the Plan Commission determined that the petition meets the criteria of a special use set forth in Section 17.28.040 of the Buffalo Grove Zoning Ordinance; and, WHEREAS, the Plan Commission voted 9 to 0 to recommend approval of an amendment to the existing special use subject to the special conditions outlined in Section 2 below; and, WHEREAS, the President and Village Board of Trustees after due and careful consideration have concluded that the proposed amendment to the amusement establishment is a reasonable use of the Property and will serve the best interests of the Village. WHEREAS, No Escape, Inc. shall be operated in accordance with and pursuant to the following exhibits: EXHIBIT A Legal Description EXHIBIT B Acceptance and Agreement concerning special uses Packet Pg. 47 8.G.b 2 EXHIBIT C Petitioner's letter and response to standards NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. This Ordinance is made pursuant to and in accordance with the Village's Zoning Ordinance, Development Ordinance, and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. Section 2. The Corporate Authorities hereby grant an amendment to the special use provided by Village Ordinance No. 2016-013 to expand the Special Use to Max Geht and Mike Trayvas of No Escape, Inc. at the Property subject to the following conditions: 1. The expansion into Suites 102 and 104 of the special use as an amusement establishment is granted to Max Geht and Mike Trayvas and said special use does not run with the land. 2. The amended special use granted to Max Geht and Mike Trayvas is assignable to subsequent petitioners, seeking assignment of this special use as follows: a. Upon application of a petitioner seeking assignment of this amended special use, the Corporate Authorities, in their sole discretion, may refer said application of assignment to the appropriate commission(s) for a public hearing or may hold a public hearing at the Village Board. b. Such assignment shall be valid only upon the adoption of a proper, valid and binding ordinance by the Corporate Authorities granting said assignment, which may be granted or denied for any reason. 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: PASSED: APPROVED: ATTEST: Village Clerk APPROVED: Beverly Sussman, Village President Packet Pg. 48 8.G.b 3 EXHIBIT A LEGAL DESCRIPTION No Escape, Inc. 1501 W. Dundee Road, Suite 102, 103 and 104 Special Use for an amusement establishment SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 1 and 2 in Plaza Verde Unit 2, a Subdivision of part of the northeast % of the northwest % of Section 7, Township 42 north, Range 11, east of the Third Principal Meridian, in Cook County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 1501 W. Dundee Road, Suite 102, 103 and 104, Buffalo Grove, IL PIN: 03-07-201-023-0000 03-07-201-024-0000 03-07-201-025-0000 03-07-201-026-0000 03-07-201-027-0000 Packet Pg. 49 8.G.b E EXHIBIT B No Escape, Inc. 1501 W. Dundee Road, Suite 102, 103 and 104 Special Use for an amusement establishment Acceptance and Agreement concerning special use No Escape, Inc. acknowledges that it has read and understands all of the terms and provisions of Buffalo Grove Ordinance No. 2017—_ pertaining to the special use, and does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations of said Ordinance. No Escape, Inc. By: Name (print):_ Title: The undersigned Owner acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2017— Property Owner By: Name (print):_ Title: Packet Pg. 50 8.G.b 5 EXHIBIT C No Escape, Inc. 1501 W. Dundee Road, Suites 102, 103 and 104 Special Use for an amusement establishment Petitioner's letter and response to standards Packet Pg. 51 No Escape Inc Intended use No Escape Inc. plans to open two additional rooms to be part of the No Escape Corporation at the 1501 W Dundee rd #102 & 104, Buffalo Grove, IL location. The concept of the Escape Room is as follows: The Escape Room is setup thematically to resemble a police station. Each guest will enter the Escape Room and complete a series of quests, tasks, and logical puzzles. The goal of the exercise is to find a way out of the Escape Room within sixty minutes. Guests can only rely on their analytical thinking and ability to work well in teams. Each quest can be done individually or in small groups. The process is supervised via monitors and guests are assisted via communication devices in case of any issues or questions. The game is considered completed when guests complete all assignments and solve the main task of the game. Each room would have a different theme and, thus, a different task. If the game is not successfully completed after sixty minutes, Escape Room guests will have an opportunity to try again at a later date. The Escape Room is oriented to guests from age 12 and up. I Packet Pg. 52 1 8,G,d NO ESCAPE Dear Brian and Village of Buffalo Grove. Please review the detailed description and specification of the office space. Per your last letter, we are detailing all information for you. 1. You have asked us to detail the office space and any and all props, walls, stages, and etc. We would like to specify that the entire rented office will be divided in two areas: a reception area for the employees and two "stage" areas that will just be an office rooms furnished with furniture and will contain game instructions and puzzles. During construction, we will not touch or modify any sprinkler systems or HVAC. The only thing we will modify are non-structural walls and we will eliminate existing plumbing for dentistry stations. 2. Detailed plan on how customers and employees will exit the space in an emergency: In case of an emergency, customers and employees will be able to follow the Emergency Exit Signs located in the main "gaming" that will lead to the reception area. The reception area will too have an Exit Sign clearly displayed for both customers and employees to follow and leave the rental space to the main hallway. The main hallway will have clear indications of the emergency exits. The building is equipped with proper signage and fire alarm system, according to the city and state fire code regulations. 3. Marketing Brochure for this business is our website http //www plays oescapg.com from our current location at 1501 W Dundee rd #103, which is similar to what we are going to create in Buffalo Grove. You can also read numerous reviews on this business on Google: ...tt ps,//g�a�/mawps/DbPnvd„hRLy42 Facebook: htt s //www clam%pla„ynoescaope/info. We have $1 positive reviews on p...�.�. �.�......................�.� facebook�... Facebook, 28 on Yelp, 81 on Groupon, 13 on Living Social, and 21 on Google! 4. You've asked us to address the following criteria for Special Use and provide in writing affirmation for each of the six (six) criteria that our use will meet these criteria. (17.28.040—Crite ria for special use) A. We affirm that our business shall 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, Packet Pg. 53 8,G,d morals, comfort, or general welfare. In fact, our business is designed to improve one's morals, comfort, team work, and general welfare. B. The location and size of special use, nature and intensity of 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 absolutely be in harmony with the appropriate, orderly development of the district in which it is located. Our business is a low-key operation that will harmonize and fit in with any existing businesses, structures, locations, and new expansions. C. 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; Our business will not affect in any way any other property, business, or establishment. D. 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; Our business cannot and will not affect any development and or use of advancement lands and buildings. E. Adequate utilities, access roads, drainage, and/or other necessary facilities have been or will be provided. Our business does not require any utilities other than electricity and heat (provided). Public restrooms are available in the building. There is ample parking available on the parking lot yet we do not foresee large crowds due to the limitations in our space. F. Parking areas shall be of adequate size for the particular special use, which areas shall be properly located and suitably screened from adjoining residential uses, and the entrance and exit driveways to and from these parking areas shall be designed so as to prevent traffic hazards, eliminate nuisance and minimize traffic congestion in the public streets. There is ample parking available, however, only several parking spots are foreseen to be occupied by the NO ESCAPE customers and employees due to the nature of business. There also will not be a high turnover of customers. Unlike retail spaces and beauty salons, NO ESCAPE has a turnaround of one hour, which means there will not be constant traffic of customers on the parking lot for our business. Packet Pg. 64 N fV W U W CL Q�Q J �jJ J c( = w v U) �x U) ov r-- N 8.H Resolution No. R-2017-11 : Resolution Approving Agreements Granting Waterline Easement and Temporary Construction Easement to Northwest Water Commission ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Recommendation of Action Staff requests approval. SUMMARY: Staff recommends approval of the three permanent Easements and the one temporary construction easement with the Northwest Water Commission. These easements are necessary to facilitate the installation of a 16" transmission water main by the Northwest Water Commission. ATTACHMENTS: • Grant of Waterline Easement Agreement Village of Buffalo Grove.v5 (PDF) • Temporary Construction Easement Agreement.v3 (PDF) • VERN454 (PDF) • VERN499 (PDF) • CHICAGO1-#684967-v1-Northwest_Water Comm ission_Easements (DOC) • NWC Looping Memo - Easements v1 (DOC) • NWC_TransmissionLoop_Proposal_11x17_Portrait_FINAL (PDF) Trustee Liaison Staff Contact Stein Michael Reynolds, Public Works Monday, March 20, 2017 Updated: 3/16/2017 3:34 PM Page 1 Packet Pg. 56 8.H.a This instrument prepared by And after recording, please return to: Patrick T. Brankin Schain, Banks, Kenny & Schwartz Ltd. 70 West Madison Three First National Plaza Suite 5300 Chicago, Illinois 60602 GRANT OF WATERLINE EASEMENT AGREEMENT This GRANT OF WATERLINE EASEMENT AGREEMENT ("Agreement") is made and entered into this day of , 2017 by and between VILLAGE OF BUFFALO GROVE, (hereinafter "Grantor") and NORTHWEST WATER COMMISSION, (hereinafter "Grantee"). (Grantor and Grantee shall each sometimes hereinafter be individually referred to as "Party' or, collectively, "Parties"). RECITALS: WHEREAS, Grantor, whose office is 50 Raupp Blvd. Buffalo Grove, IL 60089, is the owner of certain real property located in Lake County, Illinois, legally described in Exhibit "A", attached hereto and made a part hereof ("Property"); WHEREAS, Grantor desires to grant to Grantee, its successors, assigns, guests, invitees, employees, Grantees, contractors, a certain non-exclusive easement ("Easement") for waterlines, associated utility facilities, appurtenances, supporting structures, pipes, mains, conductors, conduits, foundations, manholes, devices and associated equipment (sometimes collectively referred to as "Waterline Facilities") over, across, through, in and under those certain portions of the Property, said portions being as legally described on Exhibit "B", attached hereto and incorporated herein and as shown on Exhibit "C", attached hereto and incorporated herein (collectively "Easement Parcel") all as hereinafter further provided; WHEREAS, Grantee desires to accept the Easement over the Easement Parcel, all as hereinafter further provided. NOW, THEREFORE, in consideration of the sum of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made: Packet Pg. 57 8.H.a 1. Non -Exclusive Easement. Grantor hereby grants and conveys to Grantee, its successors, assigns, guests, invitees, employees, contractors, subcontractors and agents, and Grantee hereby accepts from Grantor, as an Easement appurtenant to the Property, a non- exclusive, perpetual Easement over, across, through, in and under the Easement Parcel, including the right of reasonable access thereto, solely for the purposes of the construction, installation, operation, maintenance, repair and replacement of a water line and Waterline Facilities and for the flow of water through such line and any and all related appurtenances and facilities, and the right to cut, trim, remove and/or otherwise control, at Grantee's option, any trees, overhanging limbs or branches, brush, shrubs, undergrowth, of whatever size, (including those that are dead, diseased, weak, or leaning), buildings, structures, or other obstructions that in Grantee's reasonable judgment endangers or will endanger the safety of, interfere with or encroach upon the use of its Waterline Facilities and/or the Easement, both within and adjoining the Easement. 2. Purpose of Easement. The Easement granted hereunder is to ensure that the Easement Parcel shall, at all times, remain as a waterline utility area. Grantor shall not allow, place, construct or install any buildings, structures, pile or debris, interfere with lateral support, change the level of the ground by excavation or mounding or permit or cause any excavation on the Easement Parcel. Grantor shall not disturb or interfere with Grantee's use of the Easement or Grantee's Waterline Facilities. In the event Grantor, any governmental agency and/or private entity desires or intends to conduct or commence any work, excavation, construction, installation or development (collectively "Grantor Work") of or on any property on, in, under, above, contiguous to or in close proximity of the Easement Parcel, Grantor shall deliver written notice to Grantee at least ten (10) days prior to the commencement of any such Grantor Work, which notice shall contain, at a minimum, a description of the type of Grantor Work, the date of commencement and completion, the days and times involved and the name, address and telephone number of the general contractor or contact person associated with the Grantor Work. This Easement also conveys the right of ingress and egress in and over any reasonable routes at all times. If Grantor or any governmental authority requires Grantee to relocate the facilities contemplated by this grant, this Easement conveys the right to relocate such facilities to a comparable location, subject to Grantor's reasonable approval. No building, fence, fagade, shed, storage facility or any other structure intended for permanent use shall be constructed or maintained for any purpose on, above, within, in or under the Easement Parcel, provided, however, Grantee may approve work to be completed on the Easement Parcel for waterline installation and operation purposes only, at Grantee's reasonable discretion. No dumping, filling, excavating or transferring of any earth material or yard clippings shall be permitted on, within, in or under the Easement Parcel except upon the express, prior written approval of Grantee. Grantee shall restore the Easement Parcel to the substantially similar condition as existed on the date of commencement of construction and repair damages done to fences, drains, seeded lawns (not landscaping), gates, ditches and crops caused by Grantee's use of the Easement. 3. Term. The term of this Easement shall commence upon execution of this document and shall continue on a perpetual basis, subject to being terminable and revocable pursuant to the terms and conditions of this Agreement. Notwithstanding anything contained herein to the contrary, this Agreement and the Easement shall automatically terminate and be null and void and of no further force or effect upon Grantee's termination of the Easement or 2 Packet Pg. 58 8.H.a Grantee's abandonment of the Water Facilities for a period in excess of I year. In the event Grantee abandons the Water Facilities, Grantee shall remove such Water Facilities as are present on the Property at the time of such abandonment at Grantee's sole cost. 4. Remedies. In the event of a breach, or attempted breach or threatened breach of any of the obligations of the Easement, Grantee, in addition to any and all remedies at law or in equity Grantee may have under applicable law, shall be entitled to the remedy of specific performance, including the right to obtain an injunction to specifically enforce the performance of such obligation, the Parties hereby acknowledging the inadequacy of legal remedies and the irreparable harm which would be caused by any such breach. 5. Transfers. Any transferee of all or any part of the Property shall automatically be deemed, by acquiring title to all or any portion of the Property, to have assumed all the obligations of the Easement and this document, relating thereto, and to have agreed with the then owner or owners of all other portions of the Property to execute any and all instruments and do any and all things reasonably required to carry out the intentions of the Easement. If any transferor shall expressly condition the transfer of its interest in such portion of the Easement Parcel on the assumption by its transferee of the obligations imposed on such transferor and such transferee assumes in writing such obligations, such transferor shall, upon the completion of such transfer, be relieved of all liability under the Easement, except such liabilities which may have arisen during the period of ownership of the portion of the Easement Parcel so conveyed and which remains unsatisfied. 6. Construction. This instrument shall be construed in conformity with the laws of the State of Illinois and in accordance with the usage in said State of Illinois regarding easements. The rule of strict construction does not apply to this grant. This grant shall be given a reasonable construction so that the intention of the parties is carried out. 7. Notice. For the purposes of giving notices under this Agreement, Grantor's address is: 51 Raupp Blvd. Buffalo Grove, IL 60089, Attention: Michael J. Reynolds, Director of Public Works, with a copy to William G. Raysa, Tressler LLP, 233 S. Wacker Drive, 22nd Floor, Chicago, IL 60606, and Grantee's address is: 1525 N Wolf Rd, Des Plaines, IL 60016, Attention: Kevin Lookis, with a copy to Patrick T. Brankin, Schain, Banks, Kenny & Schwartz, Ltd., 70 W. Madison St., Ste. 5300, Chicago, IL 60602. Any Party may lodge written notice of a change of address. All notices shall be sent by certified mail, return receipt requested, to the addresses provided for in this paragraph and shall be deemed given when placed in the mail. 8. Compliance with Laws. Grantee shall, at its sole cost and expense, comply with any and all applicable laws, statutes, ordinances and regulations with respect to the ownership, operation, maintenance, repair, preservation and replacement of the Waterline Facilities and the Easement Parcel. 9. No Liens. Grantee shall not record nor pen -nit to be recorded any mechanic's or other lien against the Easement Parcel for any labor or materials in connection with work of any character performed on the Easement Parcel. In the event of the recordation of any such lien, Grantee shall have such lien discharged or bonded over on or before ten (10) calendar days 3 Packet Pg. 59 8.H.a after receipt of notice of any such lien. In addition, Grantor shall have the right, but not the obligation, to cause such lien to be released and Grantee shall pay, on demand, all of Grantor's costs and reasonable attorneys' fees in connection therewith. 10. Condition of the Easement Parcel; Indemnity. Grantee acknowledges that it has inspected the Easement Parcel with full knowledge of the physical condition thereof. Grantee hereby agrees to indemnify, defend and hold Grantor, its agents, representatives and employees harmless from and against any and all loss, injury, liability, expense, costs, penalty, fee, damage or claim, including, but not limited to, reasonable attorneys fees and court costs, incurred in connection with or related to any matter, problem, claim, liability or occurrence that may arise by reason of Grantee and it's independent contractors, employees, representatives and agents entry upon and use of the Easement Parcel pursuant to this Agreement, including, but not limited to Grantee and it's independent contractors, employees, representatives and agents intentional acts, negligence, gross negligence or willful and wanton conduct. 11. Insurance. (a) The Parties acknowledge Grantee maintains insurance through an alternative risk management pool entitled the Municipal Insurance Cooperative Association ("MICA"). Through MICA, Grantee shall procure and maintain, at its sole cost and expense, during the term of this Agreement, insurance insuring Grantee and Grantor against general liability, fire, casualty, theft and property damage and liability fort hazardous material occurring on the Easement Parcel due to or caused by Grantee and it's guests, invitees, employees, Grantees and contractors use of the Easement Parcel during the term of this Agreement. Notwithstanding anything contained herein to the contrary, Grantee may, at Grantee's sole option, obtain insurance from, or participate in from time to time, such other alternative risk management program(s) or pool(s) as the Grantee may determine in its sole and exclusive discretion. Prior to any entry onto the Easement Parcel, Grantee shall deliver a certificate of insurance reasonably acceptable to Grantor evidencing the insurance coverage required hereunder, provided such a certificate is available from MICA, or any successor alternative risk management program or pool chosen by Grantee. All such insurance required hereunder shall not be cancelled without thirty (30) calendar days written notice to Grantor by either Grantee or MICA, or any successor alternative risk management program or pool chosen by Grantee. (b) Notwithstanding anything contained herein to the contrary, nothing contained in this Agreement shall be deemed or construed as a waiver of any tort immunity rights in favor of or retained by Grantee, in its municipal or governmental capacity, under applicable governmental laws, rules, regulations, and ordinances. 12. Binding Effect. All provisions of this Agreement, including the benefits and burdens, run with the land and are binding upon and inure to the benefit of the heirs, assigns, licensees, invitees, successors, tenants, employees and personal representatives of the Parties. 13. Survival Clause. If any term, provision, covenant or condition in this Agreement shall be or be held to be invalid, whether in general or as to any particular situation or circumstance, the remainder of this instrument and the applicability to any other situation or circumstance, as the case may be, shall not be invalidated or terminated thereby, but shall remain in full force and effect for all intents and purposes as though such invalid term, provision, F Packet Pg. 60 8.H.a covenant or condition had never been and it shall not be deemed that any such invalid provision effects the consideration for the Easement; and each provision of the Easement shall be valid and enforceable to the fullest extent permitted by law. If any of the covenants or rights created by this instrument would otherwise violate (a) the rule against perpetuities or some analogous statutory provision, or (b) any other statutory or common law rules imposing time limits, then such provision shall continue only until twenty-one (21) years after the death of the survivor of the now living lawful descendants of the incumbent President of the United States of America. 14. No Waiver; Counterpart Execution. No waiver of any default of any obligation by any Party hereto shall be implied from any omission by the other Party to take any action with respect to such default. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 15. Assignment. Grantee may not assign Grantee's rights in this Agreement without Grantor's prior written consent, and such assignment shall not be effective against Grantor until a copy of said assignment is delivered to Grantor and accepted by Grantor. 16. Attorneys' Fees. In the event of any action or proceeding brought by either Party against the other for any matter arising out of or in any way relating to this Agreement or the Easement contained herein, the non -prevailing Party in such action or proceeding shall pay all costs, expenses and reasonable attorneys' fees incurred by the prevailing Party in connection with such action or proceeding. 17. Easement Shall Continue Notwithstanding Breach. It is expressly agreed that no breach of this Agreement shall (i) entitle any Party to cancel, rescind, or otherwise terminate the Easement contained herein. However, such limitation shall not affect in any manner any other rights or remedies which any Party may otherwise have hereunder by reason of any such breach. 18. Entire Agreement. This Agreement contains the complete understanding and agreement of the Parties hereto with respect to all matters referred to herein, and all prior representations, negotiations, and understandings are superseded hereby. 19. Miscellaneous. (a) The Article headings in this document are for convenience only, shall in no way define or limit the scope or content of the Agreement, and shall not be considered in any construction or interpretation for any part hereof (b) Nothing in this Agreement shall be construed to make Grantor and Grantee partners or joint venturers or render either of said Parties liable for the debts or obligations of the other. (c) This Agreement may be amended, modified or terminated at any time by declaration in writing, executed and acknowledged by Grantor and Grantee, or their respective 5 Packet Pg. 61 8.H.a successors or assigns, and recorded in the Office of the Recorder of Deeds of Lake County, Illinois. hereof. (d) The recitals set forth hereinabove are incorporated herein and made a part (e) Time is of the essence of this Agreement. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] 6 Packet Pg. 62 8.H.a IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the day and date first above written. GRANTOR: VILLAGE OF BUFFALO GROVE By: Name: Title: ATTEST: By: Name: Title: GRANTEE: NORTHWEST WATER COMMISSION By: Name: Title: ATTEST: By: Name: Title: F:APTB\NWC\BUFFALO GROVE WATERMANN tMPROVEMENT PROJECT\GRANT OF WATERLINE EASEMENT AGREEMENT VILLAGE OF BUFFALO GROVE.V4.DOC 7 Packet Pg. 63 8.H.a STATE OF ILLINOIS ) ) SS. COUNTY OF ) I, , a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that of . and of said personally known to me to be the same persons whose names are subscribed to the foregoing Grant of Waterline Easement Agreement, appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument, on behalf of the and as their free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and seal, this day of , 20 Notary Public STATE OF ILLINOIS ) ) SS. COUNTY OF I, , a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that of . and of said personally known to me to be the same persons whose names are subscribed to the foregoing Grant of Waterline Easement Agreement, appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument, on behalf of the and as their free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and seal, this day of , 20 Notary Public 3 Packet Pg. 64 8.H.a EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY PARCELI: LOT "A" IN STRATHMORE IN BUFFALO GROVE -UNIT- 4, BEING A SUBDIVISION OF PART OF THE WEST HALF OF SECTION 32, TOWNSHIP 43 NORTH, RANGE I I EAST OF THE THIRD PRINCIPAL MERIDIAN IN LAKE COUNTY, ILLINOIS. PIN: 15-32-103-049 ADDRESS OF PROPERTY: 0 ARLINGTON HEIGHTS RD. BUFFALO GROVE, IL 60089 PARCEL 2: THAT PART OF THE EAST 589.29 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 43 NORTH, RANGE I I EAST OF THE THIRD PRINCIPAL MERIDIAN IN LAKE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID 589.29 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 29; THENCE NORTH 90°00'00" WEST ALONG THE SOUTH LINE OF SAID NORTH HALF OF THE NORTHEAST QUARTER A DISTANCE OF 589.30 FEET TO THE INTERSECTION OF SAID SOUTH LINE WITH THE EST LINE OF THE EAST 589.29 FEET OF THE NORTH HALF OF SAID NORTHEAST QUARTER; THENCE NORTH 88°20'49" EAST ALONG SAID WEST LINE OF THE EAST 589.29 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER A DISTANCE OF 709.63 FEET; THENCE SOUTH 60°57'06" EAST A DISTANCE OF 671.83 FEET TO A POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER; THENCE SOUTH 00°20'49" WEST ALONG SAID EAST LINE OF THE NORTHEAST QUARTER A DISTANCE OF 383.42 FEET TO THE POINT OF BEGINNING. PIN: 15-29-200-016 ADDRESS OF PROPERTY: 0 APTAKISIC RD. BUFFALO GROVE, IL 60089 PARCEL 4: THE EAST 589.29 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN LAKE COUNTY, ILLINOIS, (EXCEPT THAT PART OF THE EAST 589.29 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 29, AFORESAID, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID EAST 589.29 FEET; THENCE NORTH 90000'00" WEST ALONG THE SOUTH LINE OF SAID NORTH HALF OF THE NORTHEAST QUARTER, A DISTANCE OF 589.39 FEET TO THE INTERSECTION OF 9 Packet Pg. 65 8.H.a SAID SOUTH LINE WITH THE EAST LINE OF THE EAST 589.29 FEET OF THE NORTH HALF OF SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 20 MINUTES 49 SECONDS EAST ALONG SAID WEST LINE OF THE EAST 589.29 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER A DISTANCE OF 709.63 FEET THENCE 60057'05" EAST A DISTANCE OF 671.83 FEET TO A POINT ON THE EAST LINE OF THE SAID NORTHEAST QUARTER; THENCE SOUTH 00°29'49" WEST ALONG SAID EAST LINE OF THE NORTHEAST QUARTER A DISTANCE OF 383.42 FEET TO THE POINT OF BEGINNING). PIN: 15-29-200-012 ADDRESS OF PROPERTY: 401 APTAKISIC RD. BUFFALO GROVE, IL 60089 10 Packet Pg. 66 8.H.a EXHIBIT `B" LEGAL DESCRIPTION OF EASEMENT PARCEL PARCEL E1 (VILLAGE OF BUFFALO GROVE) THAT PART OF LOT "A" IN STRATHMORE IN BUFFALO GROVE -UNIT- 4, BEING A SUBDIVISION OF PART OF THE WEST HALF OF SECTION 32, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT "A"; THENCE NORTH 00001'26" WEST, ALONG THE WEST LINE THEREOF, 1.41 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE WEST LINE OF SAID LOT "A" NORTH 00001'26" WEST 464.00 FEET; THENCE NORTH 89°58'34" EAST 25.00 FEET; THENCE SOUTH 00001 `26" EAST 464.00 FEET; THENCE SOUTH 89°58'34" WEST 25.00 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. PARCEL E2 (VILLAGE OF BUFFALO GROVE) THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF A LINE DRAWN 54.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 29 WITH THE WESTERLY LINE OF BUFFALO GROVE ROAD AS WIDENED; THENCE SOUTH 00000' l 8" WEST ALONG THE WESTERLY LINE OF BUFFALO GROVE ROAD AS WIDENED 11.15 FEET; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF BUFFALO GROVE ROAD AS WIDENED 648.39 FEET SAID LI NE BEING THE ARC OF A CIRCLE HAVING A RADIUS OF 11551.00 FEET CONCAVE EASTERLY AND W HOSE CHORD BEARS SOUTH 01 °36' 1 1" EAST, A DISTANCE OF 648.30 FEET; THENCE NORTH 53°39'01" WEST 30.90 FEET; THENCE NORTH 05003'03" WEST 110.17 FEET; THENCE NORTH 15°54 13311 WEST 49.53 FEET; THENCE NORTH 10051'35" WEST 2.60 FEET; THENCE NORTHERLY 158.85 FEET ALONG THE ARC OF A CIRCLE HAVING A RADIUS OF 11591.00 FEET CONCAVE EASTERLY AND W HOSE CHORD BEARS NORTH 01055'31" WEST, A DISTANCE OF 158.85 FEET; THENCE SOUTH 88°28'02" WEST 25.00 FEET; THENCE NORTHERLY 311.76 FEET ALONG THE ARC OF A CIRCLE HAVING A RADIUS OF 11616.00 FEET CONCAVE EASTERLY AND WHOSE CHORD BEARS NORTH 00045'50" WEST, A DISTANCE OF 311.75 FEET; THENCE NORTH 0000011811 EAST 11.09 FEET TO A POINT ON THE AFORESAID PARALLEL LINE; THENCE NORTH 89°56'56" EAST ALONG SAID PARALLEL LINE 65.00 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. 11 Packet Pg. 67 8.H.a PARCEL E4 (VILLAGE OF BUFFALO GROVE) THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF A LINE DRAWN 54.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LI NE OF THE NORTHEAST QUARTER OF SAID SECTION 29 WITH THE WESTERLY LINE OF BUFFALO GROVE ROAD AS WIDENED; THENCE SOUTH 00°00' 18" WEST ALONG THE WESTERLY LINE OF BUFFALO GROVE ROAD AS WIDENED 11.15 FEET; THENCE SOUTHERLY ALONG THE WESTERLY LI NE OF BUFFALO GROVE ROAD AS WIDENED 648.39 FEET SAID LINE BEING THE ARC OF A CIRCLE HAVING A RADIUS OF 11551.00 FEET CONCAVE EASTERLY AND W HOSE CHORD BEARS SOUTH 01-3611111 EAST, A DISTANCE OF 648.30 FEET; THENCE SOUTHERLY ALONG THE WESTERLY LI NE OF BUFFALO GROVE ROAD AS WIDENED 80.35 FEET SAID LI NE BEING THE ARC OF A CIRCLE HAVING A RADIUS OF 11551.00 FEET CONCAVE EASTERLY AND W HOSE CHORD BEARS SOUTH 03024'38" EAST, A DISTANCE OF 80.35 FEET; THENCE SOUTH 03036'35" EAST ALONG THE WESTERLY LINE OF BUFFALO GROVE ROAD AS WIDENED 109.71 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 03°36'35" EAST ALONG THE WESTERLY LINE OF BUFFALO GROVE ROAD AS WIDENED 218.29 FEET; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF BUFFALO GROVE ROAD AS WIDENED 196.10 FEET BEING THE ARC OF A CIRCLE HAVING A RADIUS OF 2949.00 FEET CONCAVE WESTERLY AND WHOSE CHORD BEARS SOUTH 01 °42' 17" EAST, A DISTANCE OF 196.06 FEET; THENCE SOUTH 00° 12'01 " WEST ALONG THE WESTERLY LINE OF BUFFALO GROVE ROAD AS WIDENED 9.35 FEET TO ITS POINT OF INTERSECTION WITH THE NORTH LINE OF GREEN KNOLLS UNIT NUMBER 3 BEING A SUBDIVISION IN PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 29 AFORESAID; THENCE SOUTH 89°45' 13" WEST ALONG THE LAST MENTIONED NORTH LINE 40.00 FEET; THENCE NORTH 00"12'01" EAST 9.66 FEET; THENCE NORTHERLY 193.44 FEET ALONG THE ARC OF A CIRCLE HAVING A RADIUS OF 2909.00 FEET CONCAVE WESTERLY AND WHOSE CHORD BEARS NORTH 01 °42' 17" WEST, A DISTANCE OF 193.40 FEET; THENCE NORTH 03036'35" WEST 243.70 FEET; THENCE SOUTH 61°10 `56" EAST 47.39 FEET TO THE POI NT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. 12 Packet Pg. 68 8.H.a EXHIBIT "C" DEPICTION OF EASEMENT (SEE ATTACHED FOR DEPICTION) 13 i Packet Pg. 69 W %A ad I!$ z I e'H'g I -,< GV0?:1 OISINVidV ............ ......... . .................. . ... .. MON MON I ". ........ ....... .................. ....... . ........ .............. ... ... ..... ........... . ... .................... ..................... ....... . ........... . ........................ . .............................. ............. . . . . . . . . . . . . . . . . . . . . ..... ................. . ............. ........ . . ......... ........... ............ ............. Ab� ... --,kv . ......... ......... ... ...................................................... ......... . ......... al -A M...... Z O � Goa �o y nw " a x." 4 CL .. x LLI mu m ti7 at 0 Q.S 'Lja N aa° w'a yn �wN.w "�"°xa°y"�•e.n" ✓.. IPUI " a s 4"A V " ROW Z-0 l l 8 I HXD D D S DNI� HOiVN 8.H.b This instrument prepared by And after recording, please return to: Patrick T. Brankin SCHAIN, BANKS, KENNY & SCHWARTZ, LTD. 70 West Madison Street Suite 5300 Chicago, Illinois 60602 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This Temporary Construction Easement Agreement (the "Agreement") is made and entered into this day of , 2017 ("Effective Date"), by the VILLAGE OF BUFFALO GROVE ( "Grantor") to and in favor of NORTHWEST WATER COMMISSION ("Grantee"). (Grantor and Grantee shall each sometimes hereinafter be individually referred to as "Party" or, collectively, "Parties"). RECITALS: WHEREAS, Grantor is the owner of the real property located in the Village of Buffalo Grove ("Village"), and depicted and legally described on Exhibit "A" attached hereto and made a part hereof (the "Easement Parcel"); WHEREAS, Grantee has the right to and intends to perform construction, installation, operation, maintenance, repair and replacement of a water line and waterline facilities and any and all related appurtenances and facilities (collectively "Waterline Facilities"), on that portion of property commonly known as proposed 16" diameter water main ("Waterline Construction Property") which Waterline Construction Property is located in the Easement Parcel; WHEREAS, Grantor desires to grant and Grantee desires to accept a temporary easement on, over, under and across the Easement Parcel, solely for the temporary purpose of construction, installation, operation, staging and storage of any and all activities, equipment, supplies and materials, related to or concerning Grantee's work to construct, install, maintain, repair and replace the Waterline Facilities on, in, and under the Waterline Construction Property. NOW, THEREFORE, for and in consideration of the sum of ten dollars ($10.00) in hand paid by Grantee to Grantor, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made: Packet Pg. 73 8.H.b 1. Recitals. The Recitals set forth hereinabove are fully incorporated into this Agreement by this reference. 2. Grant of Temporary Easement. Grantor hereby grants and conveys to Grantee a temporary, non-exclusive easement ("Temporary Construction Easement") for entering upon the Easement Parcel for the purposes of construction, installation, operation, staging and storage of any and all activities, equipment, supplies and materials, including, but not limited to construction equipment and construction vehicles, and temporary fencing related to or concerning Grantee's work (collectively "Waterline Work") to construct, install, maintain, repair and replace the Waterline Facilities on, in, over, above and under the Waterline Construction Property. 3. Waterline Work. Grantee covenants and agrees that the Easement Parcel and Waterline Construction Property will be used, and the Waterline Work will be performed and completed, in compliance with all applicable laws, statutes, ordinances and governmental rules, regulations and requirements now in force or that may become in force in a lien free manner. 4. Term. This Agreement and the Temporary Construction Easement herein granted shall commence on the Effective Date and shall expire and terminate on completion of the Waterline Work. Upon the expiration of the Temporary Construction Easement in accordance herewith, Grantee shall provide Grantor with a written, signed and recordable release of the Temporary Construction Easement contained herein. 5. Non -Interference. Grantor shall not interfere with work performed by Grantee in connection with the Waterline Work. Grantee shall use commercially -reasonable efforts not to unreasonably interfere with Grantor's operations on the Easement Parcel. 6. Removal of Equipment. Grantee covenants and agrees that, after the Waterline Work has been completed, Grantee will, at Grantee's sole cost and expense, promptly remove Grantee's construction equipment supplies and materials from the Easement Parcel and Waterline Construction Property and return the Easement Parcel and Waterline Construction Property to substantially similar condition as existed on the Effective Date. 7. Lien Free Waterline Work. Grantee shall not permit any claim, lien or other encumbrance arising from the Waterline Work or Grantee's use of the Easement Parcel and Waterline Construction Property to accrue against, attach to or be recorded against the Easement Parcel and/or Waterline Construction Property or the interest of Grantor in adjacent lands. 8. Condition of the Easement Parcel; Indemnity. Grantee acknowledges that it has inspected the Easement Parcel and Waterline Construction Property with full knowledge of the physical condition thereof. Grantee hereby agrees to and shall indemnify, defend, protect and hold Grantor, its successors, assigns and heirs harmless from and against any and all claims, proceedings, lawsuits, liabilities, damages, losses, fines, penalties, judgements, awards, costs and expenses, including, without limitation, reasonable attorneys' fees and costs, to the extent same arise out of the Waterline Work or Grantee's use of or entrance upon the Easement Parcel and/or 2 Packet Pg. 74 8.H.b Waterline Construction Property. This indemnification and hold harinless covenant shall survive the expiration or termination of this Agreement. 9. Insurance. (a) The Parties acknowledge Grantee maintains insurance through an alternative risk management pool entitled the Municipal Insurance Cooperative Association ("MICA"). Through MICA, Grantee shall procure and maintain, at its sole cost and expense, during the term of this Agreement, insurance insuring Grantee and Grantor against general liability, fire, casualty, theft and property damage, and liability for hazardous material occurring on the Easement Parcel and/or Waterline Construction Property due to or caused by Grantee and its guests, invitees, employees, grantees and contractors use of the Easement Parcel during the term of this Agreement. Notwithstanding anything contained herein to the contrary, Grantee may, at Grantee's sole option, obtain insurance from, or participate in from time to time, such other alternative risk management program(s) or pool(s) as the Grantee may determine in its sole and exclusive discretion. Prior to any entry onto the Easement Parcel, Grantee shall deliver a certificate of insurance reasonably acceptable to Grantor evidencing the insurance coverage required hereunder, provided such a certificate is available from MICA, or any successor alternative risk management program or pool chosen by Grantee. All such insurance required hereunder shall not be cancelled without thirty (30) calendar days written notice to Grantor by either Grantee or MICA, or any successor alternative risk management program or pool chosen by Grantee. (b) Notwithstanding anything contained herein to the contrary, nothing contained in this Agreement shall be deemed or construed as a waiver of any tort immunity rights in favor of or retained by Grantee, in its municipal or governmental capacity, under applicable governmental laws, rules, regulations, and ordinances. 10. Remedies. (a) In the event of a breach, or attempted breach or threatened breach of any of the obligations of the Easement, Grantee, in addition to any and all remedies at law or in equity Grantee may have under applicable law, shall be entitled to the remedy of specific performance, including the right to obtain an injunction to specifically enforce the performance of such obligation, the Parties hereby acknowledging the inadequacy of legal remedies and the irreparable harm which would be caused by any such breach. (b) No breach of the provisions of this Easement shall defect or render invalid the lien of any mortgage or deed of trust made in good faith and for value covering any part of the Easement Parcel and any improvements which may be located thereon or therein and/or covering any part of Waterline Construction Property,. The provisions of the Easement and/or Waterline Construction Property shall be binding upon and effective against any owner of the Easement Parcel and/or Waterline Construction Property, or any portion thereof, whose title is acquired by foreclosure or trustee sale or any grantee by deed in lieu of foreclosure or trustee sale. 11. Attorneys' Fees. In the event of any dispute hereunder resulting in a lawsuit, the prevailing Party in such suit, upon the entry of a final, unappealable judgment order, shall be entitled to reimbursement for all reasonable costs and expenses, including without limitation, a reasonable sum for attorneys' fees and court costs. 3 Packet Pg. 75 8.H.b 12. Governing Law. This Agreement shall be governed by the laws of the State of Illinois. 13. Severability. If any term or provision of this Agreement or the application thereof shall, to any extent to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforceable to the fullest extent permitted by law. 14. Grantor and Grantee Representations. Grantor represents and warrants that it is the legal, fee title owner of the Easement Parcel and that Grantor has full power and authority to execute this Agreement and grant the Easement herein granted, without the consent or authorization of any other person. Grantee represents and warrants that it is duly authorized to enter into this Agreement, to perform the Waterline Work and to perform the covenants as set forth herein. 15. Notice.All notices to be given under this Agreement shall be addressed to such party at the address specified below: If to Grantor(s): Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, IL 60089 Attention: Dane Bragg, Village Manager With a copy to: William Raysa Tressler LLP 233 S. Wacker Drive, 22nd Floor Chicago, IL 60606 If to Grantee: Northwest Water Commission 1525 N. Wolf Road Des Plaines, Illinois Attention: Executive Director With a copy to: Schain, Banks, Kenny & Schwartz, Ltd. 70 W. Madison Street, Suite 5300 Chicago, Illinois 60602 Attention: Patrick T. Brankin, General Counsel Any Party may lodge written notice of a change of address. All notices shall be sent by certified mail, return receipt requested, to the addresses provided for in this paragraph and shall be deemed given when placed in the mail. 16. Benefits and Burdens. All terms, covenants and conditions contained herein, including, but not limited to all benefits and burdens, shall run with the land and inure to the benefit of and be binding upon the Parties and their respective successors and assigns in title to the Easement Parcel and/or Waterline Construction Property. M Packet Pg. 76 8.H.b 17. No Waiver; Counterpart Execution. No waiver of any default of any obligation by any Party hereto shall be implied from any omission by the other Party to take any action with respect to such default. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 18. No Agency. Nothing in this Agreement shall be deemed or construed by either Party or by any third person to create the relationship of principal and agent or of limited or general partners or of joint venturers or of any other association between the Parties. 19. Entire Agreement. This Agreement contains the complete understanding and agreement of the Parties hereto with respect to all matters referred to herein, and all prior representations, negotiations, and understandings are superseded hereby. 20. Time of Essence. Time is of the essence of this Agreement. 21. No Rights in Public; No Implied Easements. Except as may be expressly set forth herein, nothing contained herein shall be construed as creating any rights in the general public or as dedicating for public use any portion of the Easement Parcel and/or Waterline Construction Property. No easements, except those expressly set forth herein, shall be implied by this Agreement. 22. Easement Shall Continue Notwithstanding Breach. It is expressly agreed that no breach of this Agreement shall (i) entitle any Party to cancel, rescind, or otherwise terminate the Easement contained herein. However, such limitation shall not affect in any manner any other rights or remedies which any Party may otherwise have hereunder by reason of any such breach. 23. Miscellaneous. (a) The Article headings in this document are for convenience only, shall in no way define or limit the scope or content of the Agreement, and shall not be considered in any construction or interpretation for any part hereof. (b) Nothing in this Agreement shall be construed to make Grantor and Grantee partners or joint venturers or render either of said Parties liable for the debts or obligations of the other. (c) This Agreement may be amended, modified or terminated at any time by declaration in writing, executed and acknowledged by Grantor and Grantee, or their respective successors or assigns, and recorded in the Office of the Recorder of deeds of Lake or Cook County, Illinois. (d) Time is of the essence of this Agreement. (SIGNATURES APPEAR ON THE FOLLOWING PAGE) 5 Packet Pg. 77 8.H.b IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of the day and date first above written. GRANTOR: VILLAGE OF BUFFALO GROVE By: Name: Title: GRANTEE: NORTHWEST WATER COMMISSION By: Name: Title: F?PTB'NWCBUFFALO GROVE WATERMAIN IMPROVEMENT PROJECTVVILLAGE EASEMENTS`TEMPORARY CONSTRUCTION EASEMENT AGREEMENT.V2.DOC 6 Packet Pg. 78 8.H.b EXHIBIT A TEMPORARY EASEMENT PARCEL TI (VILLAGE OF BUFFALO GROVE) THAT PART OF LOT A IN ROLLING HILLS SUBDIVISION, BEING A SUBDIVISION OF PART OF SECTION 20, TOWNSHIP 43 NORTH, RANGE II EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT A; THENCE NORTH 00007'26" WEST, ALONG THE WEST LINE OF SAID LOT A, 30.00 FEET; THENCE NORTH 89033'00" EAST 49.83 FEET; THENCE SOUTH 00°27'00" EAST 30.00 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT A; THENCE SOUTH 89°33'00" WEST ALONG THE SOUTH LINE OF SAID LOT A, 50.00 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. 7 Packet Pg. 79 W UJ oW F d N M 00 U IN V b' �1=8E'E95 W=SE'495 OZ 6l'40Z I 99'Z9Z 170'LE Zl'48 I o j (01 ©� I �Iz N � L� p o N N �- Q co ai I C, ca IN, rl O� I 77 96'0 NN vcO © CM I ' s N 90 ' CV O N e N 9 0 •.."" 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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 President and Village Clerk are hereby authorized and directed to execute the attached Grant of Waterline Easement Agreement (Exhibit A hereto) and the Temporary Construction Easement Agreement (Exhibit B hereto) with the Northwest Water Commission. AYES: NAPES: ABSENT: PASSED: , 2017 APPROVED: , 2017 APPROVED: Beverly Sussman, Village President ATTEST: Janet Sirabian, Village Clerk #684967 Packet Pg. 83 8.H.f VIL1A.JE, OF' BUFFALO 1�ROV � t MEMORANDUM TO: Dane C. Bragg, Village Manager FROM: Mike Reynolds, Director of Public Works DATE: March 7, 2017 RE: Northwest Water Commission System Looping Easements Over the past three years, the Northwest Water Commission has been working with the Village and Lake County on the construction of a transmission main loop that connects their line that currently terminates at our pump station two located on Arlington Heights Rd., north of Lake Cook Rd. with their line that terminates at our pump station seven located at Buffalo Grove Rd. and LaSalle Ln. As part of the project, the Village will need to grant easements to the Commission at various locations along the project path. Attached is an exhibit showing the general locations of the requested easements. The Village Attorney has reviewed the documents and Staff recommends that the Village Board approve the easements agreements as presented. -1- Packet Pg. 84 8.1 Resolution No. R-2017-12 : A Resolution in Support of the Greenest Region Compact 2 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: The Greenest Region Compact 2 (GRC2) presents consensus goals for environmental sustainability to be addressed by local municipalities, yet it will have coordinated, positive impacts on a much larger scale. Approval gives the Village access to additional grant opportunities. ATTACHMENTS: • GRC2-Municipal-Resolution-FINAL (DOCX) • The-Greenest-Region-Compact-2-FINAL (PDF) Trustee Liaison Staff Contact Weidenfeld Brett Robinson, Finance Monday, March 20, 2017 Updated: 3/16/2017 3:36 PM Page 1 Packet Pg. 86 Resolution No. Resolution Endorsing the Metropolitan Mayors Caucus' Greenest Region Compact 2 WHEREAS, the Metropolitan Mayors Caucus provides a forum for the chief elected officials of the Chicago region to develop consensus and act on common publicpolicy issues and multi -jurisdictional challenges; and WHEREAS, the Metropolitan Mayors Caucus' participating Mayors and their communities have a history of environmental stewardship, from energy efficiency, water conservation, urban forestry, and participation in Clean Air Counts; and WHEREAS, it is important for Mayors and local governments throughout the United States to take leadership roles to advance sustainability both in their own communities and in concert with regional, national and global initiatives; and WHEREAS, the Metropolitan Mayors Caucus created the Greenest Region Compact 2 to address environmental sustainability issues of global importance at the local level; and WHEREAS, the Greenest Region Compact 2, also called the GRC2, is built on important environmental initiatives already underway in communities, in partnership with many non-profit, state, regional and national organizations; and WHEREAS, the GRC2 synthesizes sustainability goals already adopted by leading communities in the region; and these consensus goals align with common regional, state, national and global objectives; and WHEREAS, the GRC2 offers a companion Framework to guide communities of all sizes and strengths to assess their current efforts; develop a sustainability plan suited to local priorities; and will offer resources to help them succeed; and WHEREAS, the consensus goals of the Greenest Region Compact 2 will guide coordinated efforts toward enhanced quality of life for residents; protection and stewardship of the environment and sustainable economic vitality. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Buffalo Grove, Lake and Cook Counties, Illinois endorses the Greenest Region Compact 2 proposed by the Metropolitan Mayors Caucus and agrees to work to achieve them, both in their own communities and in collaboration throughout the region. Packet Pg. 87 Ayes: Nayes: Absent: Passed: ,2017 Approved: , 2017 APPROVED: Village President ATTEST: N a F- 0 c 0 d N G1 C d d 'L^ V a� 0 0 a a co c C 0 0 a� Q N n 0 N w r� C G1 E s u a Packet Pg. 88 Greenest Region Compact 2 U The member municipalities of the Metropolitan Mayors Caucus seek a vibrant, sustainable future li p for their communities and the greater Chicago region. The consensus goals of the Greenest .. Region Compact 2 aim for enhanced quality of life for residents; protection and stewardship of the environment and sustainable economic vitality. a P To become the most sustainable and successful region in the United States, they, therefore, �j support the following consensus goals of the Greenest Region Compact 2 and agree to work to 0 achieve them, both in their own communities and in collaboration throughout the region: a� d N ` Climate as • Reduce greenhouse gas emissions C9 • Maintain clean and healthful air • Develop resiliency to climate change impacts 0 • Engage the community in climate change mitigation and adaptation 0 CL CO 12'.A Economic Development c • Promote innovation and a competitive workforce 0 • Cultivate local and sustainable development, jobs, and businesses Q �� :. Energy • Use energy for buildings and facilities efficiently N • Advance renewable energy W • Reduce energy consumption a • Enact policies that support clean energy z • Engage the community in clean energy practices M Q. j' Land v c • Encourage strategic development that upholds sustainability principles 0 • Conserve, restore and enhance natural features and ecosystems • Support networks of accessible, well -used, and enjoyable parks c • Sustain a robust urban forest canopy L • Sustain beautiful landscapes that provide ecosystem services 0 a� • Achieve greater livability through sustainable land use and housing policies • Cultivate a conservation ethic in the community E s U �a Leadership a • Enlist support for GRC2 goals through regional, state and national leadership • Advocate for policies that align with and advance the GRC2 • Work collaboratively towards a sustainable region Packet Pg. 89 Mobility • Support safe and effective active transportation • Maintain a diverse, safe, and efficient transportation network • Support efficient transportation that uses resources wisely • Integrate sustainability into transportation policies, programs, and regulations • Promote public and sustainable transportation choices Municipal Operations • Lead by demonstrating sustainable values and practices • Integrate sustainability into all municipal operations • Operate a safe, clean and efficient fleet • Collect and manage data to advance sustainability u4@ t Sustainable Communities • Promote cultural vibrancy in the community • Foster a culture of health, safety, and wellness • Increase access to sustainably grown local food • Sustain community principles that are welcoming, inclusive and equitable • Promote a sustainable identity for the community • Ensure local policies and codes support sustainability • Cultivate community values based on principles of sustainability Waste & Recycling • Support sustainable material management • Recycle materials across all sectors • Divert waste from landfills • Enact policies that cause sustainable material management • Engage the community in waste reduction and recycling & Water • Use and distribute water efficiently • Protect and improve and water quality • Manage water system assets sustainably • Optimize the use of natural and built systems to manage stormwater • Practice stewardship of water resources • Enact policies to protect water resources • Engage the community in water stewardship 8.J Action Item : Joint Purchase of Cellular Service from Verizon ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: Staff requests authorization to purchase cellular services and equipment off of the SOIL contract CMS793372P in accordance with the Illinois Governmental Joint Purchasing Act (30 ILCS 525/0.01 et seq. ) ATTACHMENTS: • Memo - Verizon (DOCX) • State of Illinois Pricing Catalog (PDF) Trustee Liaison Weidenfeld Monday, March 20, 2017 Staff Contact Brett Robinson, Finance Updated: 3/14/2017 1:00 PM Page 1 Packet Pg. 91 8.J.a 1,1 F �13UFFALO GROVE DATE: March 9, 2017 TO: Dane Bragg, Village Manager FROM: Brett Robinson, Purchasing Manager RE: Joint Purchase - Verizon Is The Village of Buffalo Grove has been using Verizon as a cell phone carrier for several years. The current State of Illinois (SOIL) contract with Verizon was recently renewed. Staff would like to continue to purchase cellular service and devices from the SOIL joint contract. Pricing for services are set throughout the 3 year period of the contract and are listed in the attached State of Illinois pricing catalog. Currently the Village has an inventory of 106 iPhones, 18 Flip Phones, 25 iPads, and 55 mobile data devices (largely used in vehicles) Verizon in particular has provided excellent coverage and a reliable network that Police, Fire and Public Works have come to depend on in the course of performing their daily inunctions The Police Department describes Verizon as the most stable wireless service provider in this area. Since the Village began using Verizon (over 7 years), we've only experienced a few hours of system down time once, and that was due to a huge outage on the east coast. Verizon continues to be the most reliable network with the best coverage. Verizon has excellent customer service, with a department dedicated solely to government accounts and they understand urgency and importance of connected and working hardware. The detectives and officers use their phones to connect to Intellicheck services (the ability to run persons and vehicles, etc., through their cell phones without the aid of a bulky laptop), if they are in unmarked squads or bicycles. The Police Department also uses Apple services to share apps and has a police account to track all of our hardware and the status and location of each piece of equipment. The Fire Department agrees that the reliability and stability of the Verizon network is a key factor in the decision to remain with Verizon and has a large number of critical applications that run on the cellular data network. a� a� Cn i a� c 0 N •L d L0 00 Page 1 of 2 Packet Pg. 92 8.J.a The Fire Department has a significant number of critical emergency alerting apps that need to remain on a dependable cellular service network, a list of those applications follows: a. WX Sentry app — weather prediction, used also by PW b. IamResponding — Emergency response app for MABA Division 4 Incident Management Team C. Phoenix app — Emergency response app from NWCDS d. Wave — Ability to talk on fire radios from phone e. Active 9-1-1— Emergency calls come out on this app f. Wiser — HazMat Software app for use on HazMat incidents g. Everbridge — Apps used with the Everbridge system h. 1-800-Board UP — App used to contact board up service i. ERG Guide — App used to assist with HazMat incidents j. Cartegraph — Public Works app k. Egnyte — Used to review secure personnel files with Fire and Police Commission I. Veoci — emergency management situational awareness M. Mobile Medical Unit Field Operations Guide — App for medical response n. Crisis Manager — App for school district emergency operations Public Works has grown increasingly reliant on Verizon cellular service over the past 5 years. Public Works originally started using a wireless hotspot in our locating truck to push GIS and digital mapping out to our JULIE locator in order for them to have the best possible data available in the field. Shortly after the implementation of the Cartegraph software, PW crews began deploying cellular tablets in the field in order to advance work requests right in the field and collect data on assets. These iPads also tie into the Verizon cellular network. Now, an iPhone app is also available and Public Works staff is using smart phones in the field for responding to resident requests. The Public Works department is more than happy with the Verizon network, especially since tying into the public safety specific network that Verizon has available. This priority connection helps day to day with our data continuity, and is also meant to provide superior service in case of emergency situations in the regional area. Given the extensive use of mobile cellular data exchange in by the Village, it makes sense to stay with the industry leader. Many other providers' contract with smaller cellular companies in different areas of the country and those less established businesses do not have the infrastructure to support peak usages during critical incidents. Verizon has demonstrated a robust system, capable of handling the large call volume associated with major events. Staff requests authorization to purchase cellular services and equipment off of the SOIL contract CMS793372P in accordance with the Illinois Governmental Joint Purchasing Act (30 ILCS 525/0.01 et seq.) Page 2 of 2 Packet Pg. 93 I 8.J.b I 21% Note: Subject to any limitations as indicated elsewhere in this Pricing Catalog and any Exhibits. Government Subscribers qualify for monthly access fee discounts on eligible voice and data plans with monthly access fees of $34.99 and higher available for Government Subscribers. Qualifying data features of $24.99 or higher will also receive a discount of 21% off the Monthly Access Fee on data features available for Government Subscribers. Verizon Wireless has applied various discounts on State of Illinois Custom Plans and Features for Government Subscribers, please see tables below. The pricing offered to the State of Illinois under the scope of the final contract between the State of Illinois and Verizon Wireless will be subject to the assumptions as stated in this State of Illinois Pricing Catalog. Pricing and availability, as specifically detailed within the attached Pricing Catalog, is subject to change, upon mutual agreement in writing and if within the scope of the underlying procurement, between the State of Illinois and Contract Vendor. Verizon Wireless is not proposing pricing based on minimum usage, but is offering rates that are contingent upon Verizon Wireless remaining the primary vendor. 25% (discount applies to eligible accessories Note: Excluded categories currently include: Waterproof Cases (Lifeproof & Atlas Cases, etc.), Smart Accessories, Apple -branded Products, Portable Power (Mophie products, Motorola Power Packs, etc), Memory Cards, Stereo Headphones (Bluetooth and Wired, Headphones and Buds), Cables, Home Solutions, Mounts and Docks, Keyboards (Bluetooth and Folios). This exclusions list is subject to change. The following accessories when purchased by the Department of Central Management Services will be eligible to receive a 25% discount. This discount applies exclusively to the Department of Central Management Services: Bluetooth In -Car Speakerphone (JBT2FREEWAY), USB modem adapter cables (PCCAB-290, PCCAB-295, PCCAB-551, PCCAB-770, PCCAB-190VW), Magnetic Mount/Window Mount antennas for 4G LTE (MAGLTEANT, WINDLTEANT, WINDMINIANT). Current models are listed above. Should these models no longer be available, Verizon Wireless may make replacement models available. Make and model of replacement accessories at Verizon Wireless' sole discretion. Accessory pricing is subject to change and availability and quantities may be limited. Resale of accessories is expressly prohibited outside of the State of Illinois agencies. Please note that equipment availability and subject to change without notice. Page 1 of 28 September 22, 2016 Packet Pg. 94 1 I 8.J.b I Handset Offer: During the first 90 days from the Effective Date of any resulting Agreement ("Effective Date"), Customer's Government Subscribers activating new service and selecting a 12 month Line Term, qualify to receive the LG Revere 3 at no charge, subject to availability. This offer cannot be combined with any other credits, Equipment offers, programs or promotions. Handset Offer: During the initial term of the resulting Agreement, Customer's Government Subscribers activating new service and selecting a 12 month Line Term, qualify to purchase a basic device for $0.01 per device, subject to availability, make and model at Verizon Wireless' sole discretion. This offer cannot be combined with any other credits, Equipment offers, programs or promotions. Transition Credit Offer Availability: Offer Requirements: All offers detailed below are contingent on Customer transitioning the lines of service to price plans listed in this contract within 90 days of the Effective Date of any resulting Agreement ("Promo Period"). Each eligible line taking advantage of these offers must remain active and billing for a minimum of 90 days after the end of the Promo Period in accordance with the Purchase Requirements below to be eligible for this offer. Eligible Subscriber Lines: Customer's existing Government Subscribers qualify to receive these offers. Customer's Government Subscriber's activating new lines of service or porting in lines from another carrier are not eligible to receive this Transition Credit Offer. This offer will become effective on the Effective Date of any resulting Agreement "Effective Date" Transition Credit Requirements: Smartphone This offer is contingent upon Customer's Eligible Subscriber Lines; a.) $150.00 migrating an existing Smartphone line of service to the pricing contained herein during the Promo Period and b.) Transition Credit: activating the Smartphone device on a Voice and Data Plan with a monthly access fee of $46.99 or higher on an Smartphone Devices account maintaining and c) actively billing a minimum of four hundred (400) Government Subscriber lines. Smartphone device must remain active and billing on this plan for a minimum of 90 days after the end of the Promo Period ("Smartphone Credit Eligible Line"). This offer is not combinable with other incentives, credits, promotions or equipment offers. • $150.00 Transition Credit: Smartphone Devices for each Smartphone Credit Eligible Line will be issued. This offer is limited to one (1) Transition Credit per Smartphone Credit Eligible Line. The Transition Credit will be issued to Customer in the form of a single account level credit to the Customer's account within (120) days of the end of the Promo Period provided all Offer Requirements have been met. No partial payments will be made. Please Note: Any Eligible Subscriber Line that is activated during or after the end of the Promo Period will not be eligible to receive the $150.00 Transition Credit. No exceptions will be made. Transition Credit Requirements: Tablet, Mobile Broadband ("MBB"), or Basic Device. $50.00 Transition Credit: This offer is contingent upon Customer's Eligible Subscriber Lines a.) migrating an existing Mobile Broadband, Tablet or Tablet, Mobile Basic line of service to the pricing contained herein during the Promo Period, and b.) activating the device on a Voice Broadband ("MBB"), and/or Data Plan with a monthly access fee of $34.99 or higher on an account maintaining and actively billing a or Basic Device minimum of four hundred (400) Government Subscriber lines. Mobile Broadband, Tablet or Basic device must remain active and billing on this plan for a minimum of 90 days after the end of the Promo Period ("Tablet/MBB/Basic Credit Eligible Line"). This offer is not combinable with other incentives, credits, promotions or equipment offers. • $50.00 Transition Credit: Tablet/MBB/Basic Devices for each Tablet/MBB/Basic Credit Eligible Line will be issued. This offer is limited to one (1) Transition Credit per Tablet/MBB/Basic Credit Eligible Line. The Transition Credit will be issued to Customer in the form of a single account level credit to the Customer's account within (120) days of the end of the Promo Period provided all Offer Requirements have been met. No partial payments will be made. Please Note: Any Eligible Subscriber Line that is activated during or after the end of the Promo Period will not be eligible to receive the $50.00 Transition Credit. No exceptions will be made. d d U) L a� U 0 'i u0 ti co a� 0 M M v a� _ U .L a T) 0 _ 0 d U) _ m E U ca Q Page 2 of 28 September 22, 2016 Packet Pg. 95 1 I 8.J.b I CustomState of •is Government SubscriberRegional r 're The State of Illinois Regional Flat Rate Calling Plan is not eligible for monthly access fee discounts Monthly Access Fee $0.00 Domestic Anytime Minutes 0 Per Minute Rate $0.06 Nationwide Roaming Rate (includes Long Distance) $0.50 Domestic Long Distance Included for Domestic Long Distance Calls Made from Home Calling Area Home Calling Area* State of Illinois Data Sent or Received $1.991 MB or per data package Notes:* This plan includes a home airtime area that encompasses the State of Illinois only. Current coverage details can be found at www.verizonwireless.com. Verizon Wireless reserves the right to disconnect any non -emergency Subscriber line on this Flat Rate plan that has no usage for three (3) consecutive months after 60 days prior notice to Customer. The State of Illinois will notify Verizon Wireless of emergency lines activated on this plan. See attached Verizon Wireless Voice and Data Calling Plan Terms and Conditions for important information about calling plans, features and options. The only Push to Talk Plus feature that can be added to this rate plan is the $10.00 Push To Talk Plus feature. With the exception of lines on the Department of Central Management Services' accounts, Verizon Wireless reserves the right to limit the number of Government Subscribers Lines on this plan should the customers total number of lines on the plans listed below exceed 35% of the total Government Subscriber Lines on a customer's profile. • Custom State of Illinois Government Subscriber Regional Flat Rate, • Custom State of Illinois Government Subscriber Nationwide Flat Rate, • Grandfathered - Custom State of Illinois, University, and Joint Purchasing Program Government Subscriber Regional Flat Rate, • Grandfathered Custom State of Illinois, University, and Joint Purchasing Program Government Subscriber Nationwide Flat Rate In the event customer exceeds the 35% limit, Verizon Wireless reserves the right to migrate lines to other price plans, in this catalog after 60 days prior notice to Customer. Custom State ofIllinoisGovernment Nationwide r Rate" The State of Illinois Nationwide Flat Rate Calling Plan is not eligible for monthly access fee discounts. Monthly Access Fee $0.00 Domestic Anytime Minutes 0 Per Minute Rate $0.10 Domestic Long Distance Included Domestic Night & Weekend Minutes Unlimited Mobile to Mobile Calling Minutes Unlimited Data Sent or Received $1.991 MB or per data package Notes: This plan includes a home airtime area that is nationwide. Current coverage details can be found at www.verizonwireless.com. Verizon Wireless reserves the right to disconnect any non -emergency Subscriber line on this Flat Rate plan that has no usage for three (3) consecutive months, after 60 days prior notice to Customer. The State of Illinois will notify Verizon Wireless of emergency lines activated on this plan. See attached Verizon Wireless Voice and Data Calling Plan Terms and Conditions for important information about calling plans, features and options. The only Push to Talk Plus feature that can be added to this rate plan is the $10.00 Push To Talk Plus feature. With the exception of lines on the Department of Central Management Services' accounts, Verizon Wireless reserves the right to limit the number of Government Subscribers Lines on this plan should the customers total number of lines on the plans listed below exceed 35% of the total Government Subscriber Lines on a customer's profile. • Custom State of Illinois Government Subscriber Regional Flat Rate, • Custom State of Illinois Government Subscriber Nationwide Flat Rate, • Grandfathered - Custom State of Illinois, University, and Joint Purchasing Program Government Subscriber Regional Flat Rate, • Grandfathered Custom State of Illinois, University, and Joint Purchasing Program Government Subscriber Nationwide Flat Rate In the event customer exceeds the 35% limit, Verizon Wireless reserves the right to migrate lines to other price plans, in this catalog after 60 days prior notice to Customer. uO ti co a� 0 M M c.i _ �L a T) 0 _ 0 d U) _ m E ca Q Page 3 of 28 September 22, 2016 Packet Pg. 96 1 I 8.J.b I Custom State of Illinois Nationwide for Government Calling Plans The calling plans below reflect the monthly access fee discount. No additional discounts apply. Nationwide for Government Share 0 Minutes 100 Minutes 200 Minutes 400 Minutes 600 Minutes 1000 Minutes Monthly Access Fee Non -share N/A N/A N/A $28.35 $41.52 1 $53.68 Monthly Access Fee (Share) $15.991 $23.99 $28.69 $30.38 $43.55 $55.70 Monthly Anytime Voice Minutes 0 100 200 400 600 1000 Friends & Family for Government N/A Friends & Family (Up to 10 numbers) Unlimited Domestic Push To Talk Plus $10.00 $5.00 Domestic Voice Overage Rate $0.25 per minute Domestic Mobile to Mobile Unlimited Domestic Night & Weekend Minutes Unlimited Domestic Long Distance Included Data Sent or Received $1.99/ MB or per data package2 Domestic Text, Picture and Video 100 Included Messages Overage per message: Text $0.02/ Outgoing Text $0.10 / Pic & Video $0.25 Notes Current coverage details can be found at www.verizonwireless.com. See attached Calling Plan and Feature Details for important information about calling plans, features and options. 'The $15.99 zero minute plan can only be up to 50% of an accounts total share lines. 2Smartphones and Data Multimedia Phones require a data package. 4G service requires 4G Equipment and 4G coverage. Voice Share Option: Sharing among voice anytime minutes is available only among Lines active on these plans and the Custom State of Illinois 3G/4G Nationwide Email for Government Calling plans on the same account. Custom State of Illinois Nationwide Push to Talk Plus Calling Plan The State of Illinois Push to Talk Plus Calling Plan is not eligible for Monthly Access Fee discounts. Nationwide Push to Talk Plus (non -share) Government Subscribers Only Monthly Access Fee $15.00 Monthly Anytime Voice Minutest 0 Push to Talk Plus Unlimited Data Sent or Received $1.99/ MB or per data package2 Notes: Current coverage details can be found at www.verizonwireless.com. See attached Calling Plan and Feature Details for important information about calling plans, features and options. Push to Talk Plus terms and conditions apply. 'Subscribers to the Push to Talk Plus Unlimited Calling Plan cannot place or receive regular cellular wireless calls other than to 611 and 911. (These calls may be placed anywhere in the Nationwide Rate and Coverage Area). If the voice block feature is removed, subscribers will be charged $0.25 per minute for non -Push to Talk Plus voice calls. 2Smartphones and Multimedia Phones require a data package. u) ti co aM 0 �a v a� _ �L a T) 0 _ 0 d U) _ m E ca a Page 4 of 28 September 22, 2016 Packet Pg. 97 1 I 8.J.b I Custom State of Illinois 3GAG Flexible Government Plans For Basic & Smartphones The calling plans below reflect the monthly access fee discount. No additional discounts apply. IBasic Phones I Smartphones Gross Monthly Access Fee $35.00 $50.00 $60.00 $70.00 $80.00 $90.00 $100.00 Monthly Access Fee discount applied $27.65 $39.50 $47.40 $55.30 $63.20 $71.10 $79.00 Shared Data Allowance 100 MB 1 GB 2 GB 4 GB 6 GB 8 GB 10 GB Data Overage $10.00 per GB Mobile Hotspot N/A Included Monthly Anytime Minutes Unlimited Messaging Allowance Unlimited Domestic and International Messaging Notes: Current coverage details and additional plan and feature information can be found at www.verizonwireless.com. No domestic roaming or lonc distance charges. 4G service requires 4G Equipment and 4G coverage. Access to corporate email through Exchange ActiveSync, Lotus Note: Traveler or Good for Enterprise. Corporate email via BlackBerry Enterprise Server (BES) is available for an additional $15.00 per line. Mobile Hotspol is available on all capable devices and allows Government Subscribers to use their device and share data allowance with multiple Wi-Fi enablec devices. Unlimited Messaging from within the United States to anywhere in the world where messaging services are available. For other messaginc rates go to www.verizonwireless.com. Mobilelron Silver licensing is included on these plans. On -premise Installation required and available at an additional cost. See Optiona Features/Services for additional details. Data Sharing: Lines activated on these plans can only share with other lines on these plans and with lines on the 3G/4G Custom Flexible Government Plans for Data Devices and the 3G/4G Custom Mobile Broadband Government SharePlan For Data Devices. At the end of eacl- bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account beginning with the line with the lowest overage need. If available, plan changes may be backdated to the beginning of the current billing cycle However, plan changes may not take effect until the billing cycle following the change request. For details, please refer to the Verizon Wireless Plar and Feature Details. Custom State of Illinois 3GAG Flexible Government Plans For Data Devices The calling plans below reflect the monthly access fee discount. No additional discounts apply. MobileConnected Devices Connected Devices, Tablets, Netbooks, Notebooks, Jetpacks, USBS� Tablets, Netbooks, ..... . Devices NotebooksGross Monthly Access Fee $20.00 $35.00 $40.00 $50.00 $60.00 $70.00 Monthly Access Fee discount applied $20.00 $27.65 $31.60 $39.50 $47.40 $55.30 Shared Data Allowance 1 GB 2 GB 4 GB 6 GB 8 GB 10 GB Data Overage Rate $10.00 per GB Notes: Current coverage details and additional plan and feature information can be found at www.verizonwireless.com. 4G service requires 4G Equipment and 4G coverage. Government subscribers only. Mobilelron Silver licensing is included on these plans. On -premise Installation required and available at an additional cost. See Optional Features/Services for additional details. Data Sharing: Lines activated on these plans can only share with other lines on these plans and with lines on the 3G/4G Custom Flexible Government Plans for Basic and Smartphones and the 3G/4G Custom Mobile Broadband Government SharePlan For Data Devices. At the end of each bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account beginning with the line with the lowest overage need. If available, plan changes may be backdated to the beginning of the current billing cycle. However, plan changes may not take effect until the billing cycle following the change request. For details, please refer to the Verizon Wireless Plan and Feature Details. d d CO L ca Z U 0 N 'i d u- ti co a� 0 M M v a� _ .2 L. a 0 _ O d c� Cn _ m E ca Q Page 5 of 28 September 22, 2016 Packet Pg. 98 1 I 8.J.b I One Talk Solution: Government Subscribers Only The plans/features below reflect any applicable discount. No additional discounts apply. One Talk is a business telephone system that combines landline and mobile phone capabilities into a fully integrated mobile and office solution providin a sin le telephone number "Mobile Data Number/MDN" with the same mobile and landline features. One Talk Solution: Desk Phone/Mobile Client Price Plan Type Line Level Plans Account Level Plans e.. Flexible Business Plans e.. Verizon Plans, More Everything) One Talk Primary MDN Monthly Access Monthly Access One Talk Price Plan (100 MB Data) $10.00 N/A One Talk Feature $15.00 $15.00 One Talk Line Access Charge N/A $10.00 One Talk Solution: Auto Receptionist (AR) /Hunt Group (HG) Each One Talk solution includes one (1) Auto Receptionist and one (1) Hunt Group at no cost per Customer. Price Plan Type Line Level Plans Account Level Plans (e.g. Flexible Business Plans) (e.g. Verizon Plans, More Everything) One Talk Primary MDN Monthly Access Monthly Access One Talk AR/HG Price Plan (100 MB Data) $10.00 $0.00 One Talk AR/HG Feature $10.00 $10.00 One Talk AR/HG Line Access Char e N/A $10.00 Additional Devices A maximum of up to seven (7) devices can share one (1) MDN as follows: Up to 2 desk phones and up to 5 mobile clients; limit one (1) MDN per Government Subscriber line. Primary One Talk MDN Device Desk Phone' Mobile Clientz Auto Receptionist/ Hunt Group Includes Smart hones and Tablets Additional devices per MDN: $0.00 for additional devices $0.00 for additional devices N/A Monthly Access (excluding Smartphone devices with (excluding Smartphone devices with One Talk Dialer client) One Talk Dialer client Once a number is provisioned into an Auto Receptionist or Hunt Group, the phone number cannot be moved to a different One Talk device (i.e. desk phone or Smartphone). Notes: One Talk service is applied to the Verizon Wireless MDN and is available on all of the user's devices. One Talk is not compatible with Fax machines, credit card POS solutions, or Security Systems. 4G LTE Coverage: Similar to Advanced Calling, One Talk calls drop if either party leaves Verizon 4G LTE coverage. When outside of the 4G LTE coverage area and without 3G or WiFi service, the device operates as a standard device (1X calling) with standard voice and SMS messaging capabilities with no One Talk features available to the user. Mobile client is the One Talk client. 'One (1) additional Desk Phone can be added as an additional device per MDN. 2Mobile Client eligible devices (includes devices from other carriers); Smartphones (without One Talk Dialer client), wireless and WiFi tablets; limit five (5) total per MDN (including primary device). Not currently available for Smartphone devices with One Talk Dialer client. Installing the One Talk Mobile client consumes an estimated 15MB of data. For additional information regarding One Talk please visit: http://www.verizonwireless.com/onetalk. Page 6 of 28 September 22, 2016 Packet Pg. 99 1 I 8.J.b I Custom State ofIllinoisNationwide • for Government Calling Plans The calling plans below reflect the monthly access fee discount. No additional discounts apply. State of Illinois Nationwide for Government 400 Voice Minutes 600 Voice Minutes 1000 Voice Minutes Monthly Access Fee non -share NIA $62.99 $73.99 Monthly Access Fee share $46.99 $63.99 $74.99 Monthly Anytime Voice Minutes 400 600 1000 Friends & Family (up to 10 numbers) Included' Unlimited Domestic Push To Talk Plus $5.00 Voice Overage Rate $0.25 per minute Domestic Mobile to Mobile Unlimited Domestic Night & Weekend Minutes Unlimited Domestic Long Distance Included Domestic Data Allowance Unlimited* Mobile Hots of $10.00 per line Domestic Text (SMS) and Multimedia (MMS) Messages Unlimited Notes: Current coverage details can be found at www.verizonwireless.com. See attached Calling Plan and Feature Details for important information about calling plans, features and options. 'Friends & Family eligibility varies on selected calling plan. Mobilelron Silver licensing is included on these plans. On -premise Installation required and available at an additional cost. See Optional Features/Services for additional details. . *Should 5 to 25 GB of data usage be reached in any given billing cycle on any line, Verizon Wireless will limit the data throughput speeds for all additional usage for the remainder of the then -current bill cycle for the line that exceeds the data usage. Voice Share Option: Sharing among voice anytime minutes is available only among Lines active on these plans and the Custom State of Illinois Nationwide for Government Calling plans on the same account. Custom State ofIllinoisGovernment er SmartphoneCalling Plan The calling plan below reflects the Monthly Access Fee discount. No additional discounts apply. Discounted Monthly Access Fee $35.99 Domestic MB Allowance Unlimited* Home Airtime/Min. Rate $0.12 Mobile to Mobile Calling Unlimited Domestic Text Messages Unlimited Domestic Long Distance Included Overage Rate Per KB n/a Notes: Current coverage details can be found at www.verizonwireless.com. See attached Calling Plan and Feature Details for important information about calling plans, features and options. 'Friends & Family eligibility varies on selected calling plan. Mobilelron Silver licensing is included on these plans. On -premise Installation required and available at an additional cost. See Optional Features/Services for additional details. *Should 5 to 25 GB of data usage be reached in any given billing cycle on any line, Verizon Wireless will limit the data throughput speeds for all additional usage for the remainder of the then -current bill cycle for the line that exceeds the data usage. u) ti co a� _o M M v a� c .2 L a 0 c 0 d c� U) c m E ca Q Page 7 of 28 September 22, 2016 Packet Pg. 100 1 I 8.J.b I Custom State of Illinois 3GAG Smartphone Feature for Government Subscribers The feature below reflects the monthly access fee discount. No additional discounts apply. Includes Wireless Sync or BlackBerry Solution compatible with Microsoft Outlook, Lotus Notes, POP3, and IMAP email accounts. Monthly Access Fee $35.54 Domestic MB Allowance Unlimited* Domestic Mobile Hotspot $10.00 per line Notes: Current coverage details and additional plan and feature information can be found at www.verizonwireless.com. Coverage includes the Verizon Wireless 4G, 3G and 3G Extended networks. This feature requires a voice calling plan. *Should 5 to 25 GB of data usage be reached in any given billing cycle on any line, Verizon Wireless will limit the data throughput speeds for all additional usage for the remainder of the then -current bill cycle for the line that exceeds the data usage. Custom State of Illinois 3GAG Smartphone Feature for Government Subscribers The feature below reflects the monthly access fee discount. No additional discounts apply. Includes BlackBerry Internet service compatible with POP3, and IMAP Email Accounts only, excluding BES. Monthly Access Fee $23.69 Domestic MB Allowance Unlimited* Domestic Mobile Hots of $10.00 per line Notes: Current coverage details and additional plan and feature information can be found at www.verizonwireless.com. Coverage includes the Verizon Wireless 4G, 3G and 3G Extended networks. This feature requires a voice calling plan. *Should 5 to 25 GB of data usage be reached in any given billing cycle on any line, Verizon Wireless will limit the data throughput speeds for all additional usage for the remainder of the then -current bill cycle for the line that exceeds the data usage. uO ti co a� 0 M M a� _ .2 L a T) 0 _ 0 d U) _ m E ca a Page 8 of 28 September 22, 2016 Packet Pg. 101 1 I 8.J.b I Custom State of Illinois 3GAG Nationwide International Email for Government Calling Plans The calling plans below reflect the monthly access fee discount. No additional discounts apply. of Illinois Nationwide for 400 Voice Minutes 600 Voice Minutes 1000 Voice Minutes GovernmentState Monthly Access Fee share $71.24 $83.43 $94.68 Monthly Anytime Voice Minutes 400 600 1000 Friends & Family (up to 10 numbers) Included' Unlimited Domestic Push To Talk Plus $5.00 Voice Overage Rate $0.25 per minute Domestic Mobile to Mobile Unlimited Domestic Night & Weekend Minutes Unlimited Domestic Long Distance Included Domestic Data Allowance Unlimited* International Data Allowancez Unlimited Domestic Messaging Unlimited Notes: Current coverage details can be found at www.verizonwireless.com. The Unlimited Data allowance applies in the United States, Canada, Mexico, and the rest of the world where coverage is available. See attached Calling Plan and Feature Details for important information about calling plans, features and options. These plans are not eligible for discounts on month to month activations. 'Friends & Family eligibility varies on selected calling plan. Mobile Hotspot is not available with this plan. 21n the event that any subscriber exceeds more than 500 MBs of international travel data usage for three consecutive monthly billing cycles, Verizon Wireless reserves the right, upon 60 days written notice, to terminate these plans for such subscribers. Subscriber lines removed from this plan will be placed on the currently offered generally available international travel feature. Mobilelron Silver licensing is included on these plans. On -premise Installation required and available at an additional cost. See Optional Features/Services for additional details. *Should 5 to 25 GB of data usage be reached in any given billing cycle on any line, Verizon Wireless will limit the data throughput speeds for all additional usage for the remainder of the then -current bill cycle for the line that exceeds the data usage. Custom State ofIllinoisr • rEmailFeatureGlobal Smartphonest (includes Wireless Sync or BlackBerry Solution compatible with Microsoft Outlook, Lotus Notes, POP3, and IMAP email accounts) The calling feature below reflect the monthly access fee discount. No additional discounts apply. Monthly Access Fee $51.34 International Data Allowance' Unlimited Domestic Data Allowance Unlimited* International Voice Global Phone, and roaming rates for calls made while traveling international) Notes: Current coverage details can be found at www.verizonwireless.com. See attached Calling Plan and Feature Details for important information about calling plans, features and options. (Requires State of Illinois Custom 3G/4G Nationwide Email for Government Calling Plans. For optional features, the underlying calling plan determines the rates for voice airtime, and domestic long distance. Data access is always available on Smartphone devices. A data plan or feature is always required to use a BlackBerry device. These plans are not eligible for discounts on month to month activations. Mobile Hotspot is not available with this feature. 'In the event that any subscriber exceeds more than 500 MBs of international travel data usage for three consecutive monthly billing cycles, Verizon Wireless reserves the right, upon 60 days notice, to terminate this feature for such subscribers. Subscriber lines removed from this feature will be placed on the currently offered generally available international travel feature. *Should 5 to 25 GB of data usage be reached in any given billing cycle on any line, Verizon Wireless will limit the data throughput speeds for all additional usage for the remainder of the then -current bill cycle for the line that exceeds the data usage. u) ti co a� 0 M M v a� c U •L a T) 0 c 0 d U) c m E ca Q Page 9 of 28 September 22, 2016 Packet Pg. 102 1 I 8.J.b I Custom State of Illinois Mobile Broadband Data Plans The calling plans below reflect the monthly access fee discount. No additional discounts apply. Mobile Broadband Pricing for Tablets,- .•• ..- : 4G LTE Dedicated Mobile Hotspots Monthly Access Fee $35.99 Domestic Monthly Data Allowance* Unlimited Domestic Per Minute Rate' $0.25 per minute Domestic Long Distance Included Notes: Current coverage details can be found at www.verizonwireless.com. See attached Calling Plan and Feature Details for important information about calling plans, features and options. 4G and 3G Mobile Broadband coverage details can be found at www.verizonwireless.com. 4G service requires 4G equipment and 4G coverage. 'Per Minute Rate applies to voice calls and other non-NationalAccess data usage in the United States. *Should 5 to 25 GB of data usage be reached in any given billing cycle on any line, Verizon Wireless will limit the data throughput speeds for all additional usage for the remainder of the then -current bill cycle for the line that exceeds the data usage. Mobilelron Silver licensing is included on these plans. On -premise Installation required and available at an additional cost. See Optional Features/Services for additional details. Custom State of Illinois Mobile Broadband Data Plans The calling plans below reflect the monthly access fee discount. No additional discounts applV. Mobile Broadband Pricing for Tablets, Netbooks, 4G LTE Modems, 3G & 4G LTE Dedicated Mobile Hotspots Monthly Access Fee $19.75 $31.59 Domestic Monthly Data Allowance 20 MB 250 MB Domestic Per Minute Rate' $0.25 per minute Domestic Long Distance $0.25 Per MB 1 $0.10 Per MB Notes: Current coverage details can be found at www.verizonwireless.com. See attached Calling Plan and Feature Details for important information about calling plans, features and options. 4G and 3G Mobile Broadband coverage details can be found at www.verizonwireless.com. 4G service requires 4G equipment and 4G coverage. 'Per Minute Rate applies to voice calls and other non-NationalAccess data usage in the United States. Mobilelron Silver licensing is included on these plans. On -premise Installation required and available at an additional cost. See Optional Features/Services for additional details. Public Mobile Broadband Share Plans: Government The calling plans below reflect the monthly access fee discount. No additional discounts apply. Public Sector Mobile Broadband 5 Gigabytes 10 Gigabytes 20 Gigabytes Monthly Access Fee $35.99 $59.99 $99.99 Shared Domestic Data Allowance 5GB 10GB 20GB Overage Per Gigabyte $8.00 Per Gigabyte Note: This plan is available for domestic data only devices, on the Verizon Wireless network only. See attached Calling Plan and Feature Details for important information about calling plans, features and options. Data Sharing: At the end of each bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account beginning with the line with the lowest overage need. Plan changes may not take effect until the billing cycle following the change request. Current NationalAccess and Mobile Broadband coverage details can be found at www.verizonwireless.com. New activations on these service plans require 4G LTE devices. Existing customers transitioning to one of these service plans are able to utilize existing 3G devices. The 5GB, 10GB, and 20GB Public Sector Mobile Broadband Plans are able to share only with each other. For details, please refer to Verizon Wireless Plan and Feature Details. u) ti co aM 0 M M v a� _ .2 •L a T) 0 _ 0 d c� U) _ m E ca Q Page 10 of 28 September 22, 2016 Packet Pg. 103 1 I 8.J.b I eligibleCustom State of Illinois 3GAG Mobile Broadband Government SharePlan For Data Devices This Plan is NOT for monthly- . • Connected Devices, Tablets, Netbooks, Notebooks, Jetpacks, USBs, Mobile Broadband Devices Monthly Access Fee $25.00 Shared Data Allowance 2 GB Data Overage Rate $10.00 per GB Notes: Current coverage details and additional plan and feature information can be found at www.verizonwireless.com. 4G service requires 4G Equipment and 4G coverage. Government subscribers only. See attached Calling Plan and Feature Details for important information about calling plans, features and options. Mobilelron Silver licensing is included on this plan. On -premise Installation required and available at an additional cost. See Optional Features/Services for additional details. Data Sharing: Lines activated on these plans can only share with other lines on these plans and with lines on the 3G/4G Custom Flexible Government Plans for Basic and Smartphones & 3G/4G Custom Flexible Government Plans for Data Devices. At the end of each bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account beginning with the line with the lowest overage need. If available, plan changes may be backdated to the beginning of the current billing cycle, However, plan changes may not take effect until the billing cycle following the change request. For details, please refer to the Verizon Wireless Plan and Feature Details. W) ti 00 O M M V C .2 •L a T) 0 C 0 d U) C m E ca a Page 11 of 28 September 22, 2016 Packet Pg. 104 1 I 8.J.b I Enterprise M.• • Please note that these plans are being offered as Open Market. Contingent upon execution of a Blanket Purchase Agreement between the parties. Enterprise Messaging is Not eligible for monthly access fee discounts Messaging Allowance Enterprise Messaging Monthly Access Per Message After Allowance standard text messaging rates apply for Recipient) 100,000 $200.00 $0.02 Unlimited $500.00 N/A Public Safety Unlimited $0.00 (For Public Safety/First Responders Only as defined below*) N/A *The $0.00 Monthly Access Unlimited plan is only available to Public Safety/First Responders classified with the following NAICS (formerly SIC) Codes: • 621910 Ambulance Services • 922160 Fire Protection • 922110 Courts • 922190 Other Justice, Public Order, and Safety Activities • 922120 Police Protection • 928110 National Security • 922130 Legal Counsel and Prosecution 0 922150 Parole Offices and Probation Offices • 922140 Correctional Institutions 1. ENTERPRISE MESSAGING: In order to protect our network and safeguard subscriber privacy from unsolicited (spam) or objectionable text messaging, Verizon Wireless employs protective measures, including aggregate message volume limits, content filtering and speed of service limitations on publicly accessible Internet messaging gateways. Verizon Wireless Enterprise Messaging service allows enterprise accounts to send aggregate text messages to other Verizon Wireless subscribers while reducing potential delays related to these protective measures. 2. REQUIREMENTS AND RESTRICTIONS: Enterprise Messaging is available for a monthly access fee for which Verizon Wireless will provision a Pilot Mobile Phone (described below) and provide access to the Enterprise Messaging Access Gateway (EMAG) online portal to set-up and manage the service. Enterprise Messaging can be used to send messages to Verizon Wireless subscribers and to subscribers on most domestic wireless carriers (inter -carrier messaging requires additional provisioning and is subject to message size and reporting limitations. experience by carrier and region may cause the experience to vary). Customer agrees that it will send messages only to subscribers that have opted in to receive its messages by: a) establishing an opt -in process that effectively captures each subscriber's consent to receive Customer's messages, informs subscribers of the nature and scope of Customer's messaging campaigns and any financial obligations ("Standard Messaging Charges Apply") associated with the messaging; b) maintaining opt -in records for a minimum of 6 months from the date of a subscriber's opt -in consent; and c) immediately complying with subscriber opt -out requests such as STOP, END, CANCEL, UNSUBSCRIBE or QUIT in compliance with Mobile Marketing Association (MMA) guidelines (www.mmaglobal.com). Customer can use compatible, properly configured SNPP, WCTP, XML, TAP, SMPP and SMTP messaging protocols, for which it is solely responsible for maintaining facilities to monitor its messaging operations, or the EMAG portal, to send up to fifteen text messages per second to subscribers. Provision of the EMAG service does not obligate Verizon Wireless to support variations of these protocols, whether those variations are optional within the published protocols or authorized or unauthorized variations to the published protocols. Customer agrees that: a) its messaging will comply with applicable industry guidelines (e.g. MMA's Best Practices and CTIA's Wireless Content Guidelines) and Verizon Wireless content (www.verizon.com/contentpolicy) standards as they may updated from time to time; b) it will not send messages containing executable files or links to other content or premium or similar messages that require a subscription or surcharge; c) it will not install, deploy, or use any hardware, firmware, software or other technology or technique to circumvent Verizon Wireless' messaging network operations protections except as granted under this agreement; and d) it will not send any objectionable material via Enterprise Messaging or advertise, promote, distributed or use objectionable material in connection with Enterprise Messaging (for purposes of this agreement, objectionable material includes, but is not limited to material that: (i) is prohibited by any applicable law, rule or regulation, (ii) contains anything that is obscene or indecent or anything with strong sexual, explicit or erotic themes or that links to such content, (iii) contains hate speech; (iv) contains excessive violence; (v) contains extreme profanity; (vi) contains misleading or fraudulent claims, or (vii) promotes or glamorizes alcohol abuse, illegal drug use or use of tobacco products). Consistent with prevailing standards in other content distribution mediums, content in this category that does not satisfy the above may be distributed if included in the context of artistic, educational, medical, news, scientific or sports material. Customer agrees that its use of Enterprise Messaging will comply with any applicable local, state, national and international laws and regulations. 3. LIMITATIONS: Wireless phones use radio transmissions which by their nature do not permit the delivery of text messages when the wireless phone is not in range of one of our transmission sites or a transmission site of another company that has agreed to carry our customer's calls, or if there is insufficient network capacity available to handle the message at that moment. Even within a coverage area, there are many factors that might interfere with the delivery of text messages, including the subscriber's equipment, terrain, proximity to buildings, foliage, and weather. Verizon Wireless also does not own or control all of the various facilities and communications lines between Customer's site and Verizon Wireless Enterprise Messaging access point. Due to these natural and technological limitations and the limitation in the number of messages that can be sent (up to fifteen per second), ENTERPRISE MESSAGING SHOULD NOT BE USED AS THE SOLE MEANS TO SEND MESSAGES THAT CONTAIN INFORMATION THAT IS ESSENTIAL TO THE PROTECTION OF LIFE OR PROPERTY, OR IS MISSION ESSENTIAL OR CRITICAL IN OTHER WAYS. 4. CUSTOMER'S ENTERPRISE MESSAGING CONTACT: Customer agrees to provide contact information including a phone number and email address to Verizon Wireless of an Enterprise Messaging contact or contacts, who shall be available during business hours and any other time period that Customer utilizes Enterprise Messaging for the purpose of assisting to resolve service matters and trouble shooting. Customer must provide u0 ti co aM 0 M M v a� _ a T) 0 _ 0 d U) c m E ca Q Page 12 of 28 September 22, 2016 Packet Pg. 105 1 I 8.J.b I written notice of changes to contact information fourteen days prior. 5. PILOT MOBILE PHONE: Verizon Wireless shall provide Customer with one pilot mobile phone at no charge to manage password setup and resets. Customer should safeguard the pilot mobile phone in case password resets are needed as Verizon Wireless must rely on regular mail delivery of password resets if the phone is not available (password resets cannot be given over the phone or sent via email). This pilot mobile phone will not be capable of making any voice calls. Customer shall promptly notify Verizon Wireless if the phone is lost, damaged or stolen and Verizon Wireless reserves the right to charge Customer for replacement phones. 6. TERMINATION OF SERVICE: VERIZON WIRELESS CAN, WITHOUT NOTICE, LIMIT, SUSPEND, OR CANCEL CUSTOMER'S ACCESS TO OR USE OF THE ENTERPRISE MESSAGING SERVICE OR EMAG IF CUSTOMER VIOLATES THE RESTRICTIONS OF THIS AGREEMENT OR FOR GOOD CAUSE which shall include, but is not be limited to: (a) breaching this Agreement or the Customer's Non -Government Agreement; (b) spamming or other abusive messaging; (c) using Enterprise Messaging in a way that adversely affects our network, our customers, or other customers; (d) allowing anyone to tamper with messaging applications in a manner contrary to this Agreement; (e) any governmental body of competent jurisdiction suspends or terminates your service or institutes a requirement, ruling or regulation that conflicts with this Agreement; or (f) operational or other governmental reasons. 7. DISCLAIMER AND LIMITATION OF LIABILITY: CUSTOMER AGREES THAT ENTERPRISE MESSAGING AND EMAG IS PROVIDED ON AN "AS IS" BASIS AND CUSTOMER'S USE OF ENTERPISE MESSAGING AND EMAG IS ITS SOLE RESPONSIBILITY. VERIZON WIRELESS (AND ITS OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS VENDORS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES FOR ENTERPRISE MESSAGING, EMAG OR TEXT MESSAGE DELIVERY, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, NONINTERFERENCE, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. VERIZON WIRELESS DOES NOT WARRANT THAT ENTERPRISE MESSAGING OR EMAG WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, OR LOSS OF CONTENT, DATA, OR INFORMATION. VERIZON WIRELESS SHALL NOT BE LIABLE FOR ANY FAILURE TO PROVIDE ENTERPRISE MESSAGING AND MAKES NO GUARANTEES THAT ANY TEXT MESSAGE WILL BE DELIVERED. NEITHER PARTY, NOR ITS AGENTS OR VENDORS, SHALL BE LIABLE TO THE OTHER PARTY, ITS EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES. 8. NO RESELLING: Customer cannot resell Enterprise Messaging services or allow third parties to use Enterprise Messaging or access EMAG without prior written permission from Verizon Wireless. 9. SUBJECT TO CUSTOMER'S GOVERNMENT AGREEMENT: These terms supplement Local Government Agreement as it relates to Enterprise Messaging and EMAG and the terms of such Agreement, are applicable to Customer's use of Enterprise Messaging and EMAG. Page 13 of 28 September 22, 2016 Packet Pg. 106 1 I 8.J.b I Calling Plan Optional State of Illinois Government Subscribers Only Push to Talk Plus $5.00/ Monthly Access Feel $10.00/Monthly Access Fee on the State of Illinois Nationwide Flat Rate Plans and the $15.99 Nationwide Share Plane Text, Picture, & Video Messaging Optional Feature Access Fee Included Messages Overage Rate $0.99 100 $0.10 per message/ per address $1.99 300 $0.10 per message/ per address $10.00 1000 $0.10 per message/ per address $12.00 Unlimited N/A Pay as You Go Text Messaging offered at the prevailing rate, currently $0.02 per inbound and $0.10 per outbound message per address and $0.25 for picture/video messa es. VZNavigator Device Type Monthly Daily Smartphone/Tablet $4.99 $0.99 Basic $9.99 $0.99 Please see your Verizon Wireless Government Account Manager or visit www.verizonwireless.com for information. International Roaming Global Phone Rates are available at www.VerizonWireless.com Main Office Connection3 Included Basic Voice Mai14 $0.00 iPhone Voice Virtual Voice Mai14,5 $0.00 Voice Mail to Text for iPhone4 $2.99 Basic Virtual Voice Mai14 $0.00 Premium Virtual Voice Mai14,5 $2.99 Mobile Hots ot6 $10.00 Detailed Billing No Charge Verizon Wireless International Long Distance Value Plan $5.00 plus applicable airtime and long distance charges Optional Feature rates and packages are subject to change. Other Optional Features may be available please see your Verizon Wireless Government Account Manager or visit www.verizonwireless.com for information. 'The Push to Talk Plus Feature is available when combined with any calling plan with a monthly access fee of $19.99 or higher. 'Not eligible for any monthly access fee discounts. 'Government Subscribers to State of Illinois Calling Plans can choose Mobile to Office Connection. With this feature, airtime charges to the Main Office Connection numbers (Springfield 217-524-4400 and Chicago 312-814-4400) will deduct from the mobile to mobile calling minutes. The Mobile to Office Connection numbers are predetermined, cannot be modified, and are only available to State of Illinois government liable subscribers. 4Please note that Voice Mail services may change with 30 days prior notice. 'Data usage will apply. 6Mobile Hotspot is only available on eligible plans as noted above. u) ti co a� 0 Ta M v a� c .2 'L a T) 0 c 0 d U) c m E ca a Page 14 of 28 September 22, 2016 Packet Pg. 107 1 I 8.J.b I Wireless Priority No additional discounts apply. WPS Access Feature Initiation Fee $0.00 WPS Access Monthly Access Charge $0.00 WPS Access Per Minute Charge $0.75 WPS is subject to the terms and conditions of the resulting agreement and calling plan. A WPS Access function on a limited portion of the Verizon Wireless owned and operated 800/1900 MHz network, and is available only to individuals authorized by the Office of the Manager National Communications System (NCS). WPS Access provides end users with the ability to be placed into a queue for the next available wireless voice channel ahead of end users not subscribing to WPS Access. Verizon Wireless makes no assurances regarding waiting times associated with WPS, nor can Verizon Wireless ensure that WPS Access calls will be connected. The WPS Access charges, including the $0.75/minute charge, are all in addition to the charges associated with your Verizon Wireless calling plan. Please contact your Verizon Wireless Government Account Manager for complete details on WPS Access. Verizon Mobile Device Management (MDM): Government Subscribers Only Verizon MDM is not eli ible for the monthly access char e discount. No additional discounts apply. Verizon Enterprise Firmware Over the Air (FOTA) Management $0.00 Device Diagnostics $0.99/device per month Broadband Hotspot Management $1.49/device per month $0.10/device per month Verizon Software Management OR Event -based pricing of $6 per device per update Notes: See attached Verizon Wireless Plan and Feature Details for important information about calling plans, features and options. MDM supports select devices and operating systems and may require installation of a software agent. MDM features are billed separately; however, all supported options will appear and cannot be blocked. Verizon• Force Manager The Field Force Manager Pricing below reflects the monthly access charge discount. No additional discounts apply. Field Force Manager Feature Field •Manager Plan (Data plan required) Feature Phone (Data plan NOT required) FeaturePSmartphone Monthly Access Charge — Limited $19.99 per user $15.00 per user $24.99 per user Monthly Access Charge — Basic $23.69 per user $20.00 per user $27.64 per user Monthly Access Charge — Pro $39.49 per user $23.70 per user N/A Push to Talk Plus/ FFM Basic Bundle N/A N/A $35.55 per user NOTE: Optional Features may be added onto an eligible calling plan with a monthly access fee of $34.99 or higher. May not be available on all devices. By purchasing the Field Force Manager feature Customer consents to the tracking of Field Force Manager Equipment and must obtain authorized consent to tracking from all users and affected persons. No guarantee of accuracy of information transmitted, disclosed, displayed or otherwise conveyed or used. Service could be interrupted or disrupted due to atmospheric conditions, inaccurate ephemeris data and other factors associated with use of satellites and satellite data. Airtime for Field Force Manager service is included in the Monthly Fee and its use is subject to the Unlimited VZAccess feature details. Requires 2 MB of data for application download. u0 ti co aM 0 Ta M v a� _ •L a T) 0 _ 0 d U) _ m E ca Q Page 15 of 28 September 22, 2016 Packet Pg. 108 1 I 8.J.b I Mobilelron Enterprise Mobility Management License Fees and Installation Services • • A discount has been applied. Mobilelron Licenses and Installation services are not eli ible for any further discounts. • On -Premise Annual Subscription License Bundle Support and Maintenance Included per Device with Direct Support License •- SKU Monthly• One-time Mobilelron Core (on -premise) Silver (with Sentry) EMM Silver Bundle per Device $3.00 MlCore Silver Installation $3,000.00 SKU: MlCore Silver Annual Per MI-PS-DEPLOY1 Device Mobilelron Core (on -premise) Gold EMM Gold Bundle per Device $4.50 MlCore Gold Installation $6,000.00 SKU: MlCore Gold Annual Per MI-PS-DEPLOY2 Device Mobilelron Core (on -premise) Platinum EMM Platinum Bundle per Device $5.63 MlCore Platinum Installation $8,000.00 SKU: MlCore Platinum Annual MI-PS-DEPLOY3 Per Device Note. Customer must choose one License Type, selection cannot be mixed and/or matched. 'A minimum of 500 Mobilelron licenses are required for On -Premise (Core) Installation. 20n-premise (Core) Installation is packaged as easy -to -install software or hardware. Pricing above applies to the installation of up to 5,000 Mobilelron licenses. If Customer installation requires more than 5,000 Mobilelron licenses, Mobile Iron Premium Implementation Services apply which provides advisory services and an implementation engineer at a cost of $25,000.00. Alternatively, Customer may use its own installation services. Mobilelron Enterprise Mobility Management: Government Subscribers • • • Service Features All features are available on both On -premise and Cloud managed installations. Included features are determined by Mobilelron License Type Feature Functionality Included Features by License Silver •d Platinum Apple DEP Supports Apple DEP (for 10S devices) ✓ ✓ ✓ Android for Work Supports AFW (on AFW enabled devices) x ✓ ✓ Samsung KNOX Integrates with Samsun KNOX KNOX sold separately) x ✓ ✓ Email Access Secure Active Sync (all bundles) ✓ ✓ ✓ Divide PM (Gold/Platinum bundles for additional fee) Secure Enterprise Gateway In -line gateway that manages, encrypts, and secures traffic (Sentry) between the mobile device and back -end enterprise systems. ✓ ✓ ✓ Requires user setup/installation Apps@Work Enterprise App Store ✓ ✓ ✓ Basic Container Content Catalog Secure Doc catalog and publishing (basic content repository) 25 files/ 21VIB each 50 files/ 25MB each Docs@Work Access, annotate and share documents from email, and on- x ✓ ✓ premise management repositories Containerization of Application at Rest AppConnect App wrapping x ✓ ✓ AppConnect ecosystem (3rd Party applications already compatible with Mobile Iron container Secure Browser Web@Work Secure data in motion x ✓ ✓ No VPN required Tunnel 10S per App VPN native functionality x x ✓ Help@Work Customizable app that enables screen sharing on device for x x ✓ trouble shooting for internal customer trouble shooting Mobilelron's ability to proxy Kerberos allows iOS devices that are Identity@Work not on the corporate network to use iOS 7 SSO without needing to x x ✓ expose the Kerberos Key Distribution Center (KDC) Page 16 of 28 September 22, 2016 Packet Pg. 109 1 I 8.J.b I Service Connect Integrations I ServiceNow integration to streamline IT workflows I x I x I ✓ Notes. Customer may purchase Mobilelron, Inc. ("Mobilelron") licenses and services ("Mobilelron Services"), to be billed by Verizon Wireless, at the prices listed below. Verizon Wireless is not the licensor of the Mobilelron Services and makes no representations or warranties whatsoever, either express or implied, with respect to them. Mobilelron Services are manufactured by Mobilelron, Inc. Any license for Mobilelron Services must be obtained directly from Mobilelron either upon purchase or installation of the Mobilelron Services Mobilelron Services are subject to Mobilelron's terms and conditions which are attached to the State Contract as Exhibit 7. Verizon Wireless will direct Mobilelron to fulfill Customer's Mobilelron Services order. Customer support for Mobilelron Services must be obtained directly from Mobilelron, Inc. If Verizon Wireless in its sole discretion determines that an inquiry from a subscriber is related to Mobilelron Services and is not one concerning Equipment or Wireless Service, it may transfer the service request to appropriate Mobilelron representatives. Page 17 of 28 September 22, 2016 Packet Pg. 110 1 I 8.J.b I Networkfleet Service Options forof • A separate agreement must be executed between the State of Illinois and Verizon Networkfleet for the products and services it will provide. The Service Options below have been discounted. No additional discounts apply. This pricing is assumes a minimum order commitment of no less than six thousand 6,000 Networkfleet devices. Service Options Purchase Cost 5200-GPS Only $17.00 5500-Diagnostics + GPS $18.95 H6100 Expressfleet $13.86 AssetGuard BX Non -Powered Asset Tracking $13.00 Connect $2.95 CUR 1 Minute $4.00 CUR 45 Seconds $6.00 CUR 30 Seconds $8.00 CUR 15 Seconds $12.00 Satellite $34.95 Data Services $0.00 Notes: Only one Hardware tier and one Service tier per Customer Account. Must be on a 12 month service agreement. Applicable taxes are not included in the above pricing. Any applicable taxes will be applied to the billing invoice. Additional terms & conditions apply to Networkfleet Service that are subject to review by end user government agencies. Device/Hardware Options 5200-GPS Onl Networkfleet Device/Hardware Options for State of Illinois The Devices/Hardware Options below have been discounted. No additional discounts apply. Purchase Cost $80.00 5500-Diagnostics + GPS $80.00 1009N2VD-6100 Ex ressfleet $55.00 AssetGuard BX Non -Powered Asset Tracking $150.00 Notes: Only one Hardware tier and one Service tier per Customer Account. Must be on a 12 month service agreement. Applicable taxes are not included in the above pricing. Any licable taxes will be applied to the billing invoice. NumberItem A-PEM001 • PEM Port Expansion Module Price $140.00 A-SAT001 Satellite Modem $550.00 KIT -SAT Satellite Kit (includes one modem, antenna & harness) $650.00 PARTS030 Reinstallation Kit $3.00 PARTS031 Tamper Resistant Zip Ties (100 per pack) $50.00 PARTS032 Combination Antenna A standard $30.00 PARTS037 AT-1400 Replacement Battery $45.00 PARTS039 AT-1400 Bracket $20.00 PARTSO40 Window -Mount GPS Antenna Module (5500/5200) $35.00 PARTSO41 Sensor Input Harness (5500/5200) $10.00 PARTSO42 OBD-II Adapter Kit only including Core Connector & 8 Adapters 5500/5200 $20.00 PARTSO43 6-pin Heavy Duty Harness 5500/5200 $30.23 PARTSO44 9-pin Heavy Duty Harness with Square Flange 5500/5200 $30.23 PARTSO45 9-pin Heavy Duty Harness with "D" Mount 5500/5200 $30.23 PARTSO46 Universal Harness 5200 $9.57 PARTSO47 Light Duty Harness plus OBD-II Adapter Kit 5500/5200 $30.23 PARTSO49 Alternate Power Adaptor $20.00 PARTS053 Garmin FMI 45 Cable with Traffic for Connect $145.95 PARTS054 Garmin FMI Modified Cable $55.00 PARTS057 Pelican Micro Case for 5200 w/ 15' Universal Harness $74.95 PARTS059 Quick Install Harness $9.57 PARTS060 Driver ID Reader $15.00 PARTS061 Driver ID Key $3.50 PARTS062 Driver ID Reader Adapter $30.00 PARTS063 Satellite Antenna $50.00 PARTS064 Satellite Harness $50.00 PARTS065 Asset Guard BX Replacement Batter (1) $75.00 Page 18 of 28 September 22, 2016 Packet Pg. 111 1 I 8.J.b I PARTS066 Asset Guard BX Magnet Mount Kit set of 4 ' see note $75.00 PARTS069 OBD Harness Extension $10.00 PARTS070 16-Pin Heavy Duty Harness $30.23 PARTS071 Bluetooth Extension $0.00 PARTS087 Audible Driver ID Alert $15.00 PARTS093 Universal Harness (6100) $10.00 Notes: Asset Guard BX Magnet Mount Kit includes CalAmp 133561 hardware and lanyard & CalAmp 1 M101-MMC25 magnets (set of 4). Networdeet Install Options forState of • Item Number I -INSTALL -AG Installation Type d -On to Base Installation (AssetGuard Pricing (per unit) $65.00 Notes Base Installation includes 1 Device and 1 Harness I-INSTALL-BTE Add -On to Base Installation (Bluetooth) $35.00 I -INSTALL -DID Add -On to Base Installation (Driver ID) $35.00 I-INSTALL-FMI Add -On to Base Installation (Garmin) $35.00 I-INSTALL-PEM Add -On to Base Installation (Port $35.00 Expansion Module) I-INSTALL-PMC Add -On to Base Installation (Pelican Micro $35.00 Case I -INSTALL -SAT Add -On to Base Installation Satellite $35.00 I -INSTALL -SENSOR Add -On to Base Installation (Sensor). $65.00 Sensor Install is $65 I -INSTALL -UNIT Base Installation — Plug/Play or 3 Wire $65.00 *see note I -SWAP -UNIT Device Swap $65.00 I -TRANSFER -UNIT Device Transfer $65.00 I -TROUBLESHOOT- Troubleshoot; PER TRIP $65.00 UNIT TRAINING -FULL Full Day Installation Training $300.00 TRAINING -HALF '/z Day Installation Training $150.00 u) ti co a� 0 M M v a� _ .2 L a T) 0 _ 0 d U) _ m E ca a Page 19 of 28 September 22, 2016 Packet Pg. 112 1 I 8.J.b I Mobile Broadband Machine to Machine (M2M) Share Group 1 Plans - Low Usage The data plans below reflect the monthly access fee discount. No additional discounts apply. Mobile•,••, • •-Machi ne Plans 1 Megabyte 5 Megabytes-•.• 1 Megabytes 150 Megabytes Domestic Shared Data Allowance Per Month 1 MB 5 MB 25 MB 50 MB 150MB Monthly Access Fee $5.00 $7.00 $10.00 $15.00 1 $18.00 Overage Rate Per Megabyte $1.00 Mobile Broadband Machine to Machine (M2M) Share Group 2 Plans - High Usage The data plans below reflect the monthly access fee discount. No additional discounts apply. Mobile•.••. • • 1 Megabytes 1 Gigabyte•.• 1 Gigabytes Domestic Data Allowance Per Month 250 MB 1 GB 5GB 10 GB Monthly Access Fee $20.00 $25.00 1 $39.50 $63.20 Overage Rate Per Megabyte $0.015 Notes: Machine to Machine coverage includes the Verizon Wireless 4G, 3G and 3G Extended networks. See attached Calling Plan and Feature Details for important information about calling plans, features and options. Government Subscribers may supply their own authenticated Equipment (CPE) approved by Verizon Wireless to be activated on these plans. Netbook, Smartphone, and Tablet devices are not eligible for Mobile Broadband M2M pricing. 4G service requires 4G Telemetry equipment and 4G coverage. All terms and conditions of the Agreement apply to M2M service and M2M Lines as a Wireless Service. Data Sharing: Sharing among M2M Lines is available only among M2M Lines active on plans in the same sharing tier. At the end of each bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account beginning with the line with the lowest overage need. Plan changes may not take effect until the billing cycle following the change request. For details, please refer to the Verizon Wireless Plan and Feature Details. Public Sector Mobile Broadband Machine to Machine (M2M) Share Plans: Government S• •- Only The calling plans below reflect the monthly access fee discount. No additional discounts apply. Public•r Mobile Broadband 5 Gigabytes1 Gigabytes 20 Gigabytes Monthly Access Fee $35.99 $59.99 T $99.99 Shared Domestic Data Allowance 5GB 10GB 20GB Overage Per Gigabyte $8.00 Per Gigabyte Note: This plan is available for domestic data only devices, on the Verizon Wireless network only. See attached Calling Plan and Feature Details for important information about calling plans, features and options. Data Sharing: At the end of each bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account beginning with the line with the lowest overage need. Plan changes may not take effect until the billing cycle following the change request. Current NationalAccess and Mobile Broadband coverage details can be found at www.verizonwireless.com. New activations on these service plans require 4G LTE devices. Netbook, Smartphone, and Tablet devices are not eligible for Mobile Broadband M2M pricing. Existing customers transitioning to one of these service plans are able to utilize existing 3G devices. The 5GB, 10GB, and 20GB Public Sector Mobile Broadband Machine to Machine Plans are able to share only with each other. For details, please refer to the Verizon Wireless Plan and Feature Details. u) ti co aM 0 M M U a� c .2 L a T) 0 c 0 d U) c m E ca Q Page 20 of 28 September 22, 2016 Packet Pg. 113 1 I 8.J.b I Private Network/Dynamic Mobile Network Routing (DMNR)/Service Based Access(SBA) Static IP — Isolated Pool w/Fixed End System (FES) [Internet Restricted] The Account Set -Up Fees below reflect any applicable discount. No additional discounts apply. Mobile Broadband and NationalAccess plans or features only Configuration Cost Per Account FES Connect Set -Up (One time fee) $1500.00 Private Network Only Private Network with DMNR Private Network with SBA Per Account Level Set -Up (One time fee) Waived $250.00 $250.00 DMNR or SBA (Per build) $250.00 (Adding to existing Private Network Only) Public Safety Subscribers Account Set -Up: Verizon Wireless will waive all account set-up fees including the $1500.00 connection fee, $500.00 Account Set-up Fee and the DMNR for new Public Safety builds classified with the following NAICS (formerly SIC) Codes only. • 621910 Ambulance Services 0 922160 Fire Protection • 922110 Courts • 922190 Other Justice, Public Order, and Safety Activities • 922120 Police Protection 0 928110 National Security • 922130 Legal Counsel and Prosecution • 922150 Parole Offices and Probation Offices • 922140 Correctional Institutions Note: Set -Up fees apply to new Private Network/DMNR/SBA builds (Verizon Home Agent Portal (VHAP)). This applies to New Private Networks built as Standard, Parent or Child. Subscribers that are placed into this pool will be limited to utilizing the Verizon Wireless Network for transport to and from their FES connections to the Verizon Wireless Network. Static IP addresses will be available on remote access, Mobile Broadband and Unlimited NationalAccess plans or features only. Fees may not apply in certain VPN environments. Fees are per account level (regardless of the number of IPs ordered) selecting Static IP, and may apply in addition to $1500.00 Connect Fee in certain configurations. Does not include MPLS. Static IP: The $500.00 Static IP address fee is waived. Static IP addresses will be available on remote access, Mobile Broadband and NationalAccess plans or features only. Static IP addresses may be reserved and should be assigned to the mobile numbers within 90 days. De -activated Static IP addresses will go into an "aging pool" for 24 hours. After 24 hours, these Static IP addresses will be returned to reserved status for the account. Reserved Static IP addresses will be shown at the account level and can be viewed from the billing system. Feature activations will be stored in the "data warehouse" database along with the Static IP Address for reporting. A Static IP address is associated with the device's MDN (Mobile Dialing Number). Each time the subscriber initiates a data session the Static IP address that is associated with their MDN is assigned to their device for each session. Subscribers completing an ESN (Electronic Serial Number) change will retain their Static IP address. Eligible 3GAG data service: Mobile Broadband, Mobile Broadband Wireless Router, Telemetry (M2M), Wireless Email, or usage -based Megabyte pricing. DMNR and SBA are optional features that can co -exist on a Customer's Private Network profile. u0 r` co aM 0 �a M v aM c .2 •L a T) 0 c 0 d co U) c m E ca Q Page 21 of 28 September 22, 2016 Packet Pg. 114 1 I 8.J.b I The following rate plans have been grandfathered for future service activations. Any existing customer on one of these grandfathered rate plans may remain on the service plan. GRANDFATHERED : Custom State of Illinois, University, • Joint Purchasing Program GovernmentSubscriber Regional The State of Illinois Regional Flat Rate Calling Plan is not eligible for Monthly Access Fee discounts. Monthly Access Fee General Airtime Per Minute Nationwide Roaming Rate (includes Long Verizon Wireless Long Home Calling Area* Allowance Rate Distance) Distance Included for Domestic $0.00 0 $0.06 $0.50 Long Distance Calls Made State of Illinois from Home Calling Area Note: * This plan includes a home airtime rate and coverage area that encompasses the State of Illinois only. Please see State of Illinois map for more information. Upon 30 days notice, Verizon Wireless reserves the right to disconnect any non -emergency Government Subscriber line on this Flat Rate plan that has no usage for 3 consecutive months. The State of Illinois will notify Verizon Wireless of emergency lines activated on this plan. See attached Verizon Wireless Voice and Data Calling Plan Terms and Conditions for important information about calling plans, features and options. Megabytes sent or received (including advertising) will be aggregated each month, rounded up to the next full megabyte, and billed at $1.99/ MB. *Data sent or received using Mobile Web (including advertising), Media Center, and other applications will be aggregated at the end of each month, rounded up to the nearest whole megabyte, and billed at $1.99 per megabyte. The only Push to Talk Plus feature that can be added to this rate plan is the $10.00 Push To Talk Plus feature. Qualifying data features $24.99 or higher will receive a discount of 21 % off the monthly access for the data feature for Government Subscribers. 'ANDFATHERED: Custom State of • and Joint Purchasing Program Government Subscriber Nationwide The State of Illinois Nationwide Flat Rate Calling Plan is not eligible for Monthly Access Fee discounts. Monthly Access Fee Government Subscribers - $9.00 Anytime Minutes 0 Per Minute Rate* $0.06 Domestic Long Distance Included Mobile to Mobile Calling Minutes Unlimited Night and Weekend Minutes Unlimited Notes: This plan includes a home airtime rate and coverage area that is nationwide. Please see the Nationwide map below. See attached Verizon Wireless Voice and Data Calling Plan Terms and Conditions for important information about calling plans, features and options. Megabytes sent or received (including advertising) will be aggregated each month, rounded up to the next full megabyte, and billed at $1.99/ MB. *Data sent or received using Mobile Web (including advertising), Media Center and other applications will be aggregated at the end of each month, rounded up to the nearest whole megabyte, and billed at $1.99 per megabyte. $5.00 Push To Talk Plus feature may be added to rate plan. Qualifying data features $24.99 or higher will receive a discount of 21 % off the monthly access for the data feature for Government Subscribers. Please note: Grandfathered Pricing does not apply to CMS government subscribers lines that have migrated to the current pricing under this contract. d U d CO L ca a� U 0 N �L uO ti co a� 0 M M v a� _ .2 L. a T) 0 _ 0 d U) _ m E U ca Q Page 22 of 28 September 22, 2016 Packet Pg. I IS 8.J.b Plans and Associated Charges: Billing, shipping and end -user address must be within an area where Verizon Wireless is licensed and provides service. Charges for calls will be based on the cell sites used, which may be outside the calling plan coverage area even when the subscriber is physically within the coverage area. Time of the call is based on the telephone switching office that carries the call, which may be different from the time of day shown on subscriber's phone. Unused monthly minutes and/or Megabytes are lost. On outgoing calls, charges start when subscriber presses SEND or the call connects to a network, and on incoming calls, when the call connects to a network (which may be before it rings). A call may end several seconds after subscriber presses END or the call disconnects. Calls made on the Verizon Wireless network are only billed if they connect (which includes calls answered by machines). Billing for airtime and related charges may sometimes be delayed. Calls to "911" and certain other emergency services are toll -free and airtime -free. Airtime may be charged when dialing toll -free numbers Price Plan Changes: When changing calling plans/features, depending upon the calling plan/feature selected, changes may be: • Backdated to the beginning of the billing cycle; • Future dated to the beginning of the next billing cycle; or • Made effective that day and therefore prorated based on the number of days the service is provided, rather than billing for the entire bill cycle. Please note: Backdating is recommended when the customer has exceeded the existing plan/feature allowance or wants the benefit of the new allowance in the current bill cycle. System logic restricts backdating in the following scenarios: moving down in plan access charge; changing from a data plan to a voice plan; or if the plan is not available on the first day of the bill cycle, as may be the case with a new pricing launch. Under these scenarios, changes are either processed on demand or with future dating. Anytime Minutes: Anytime Minutes apply when making or receiving calls from a calling plan's rate and coverage area. Coverage information is available at www.verizonwireless.com. Airtime is rounded up to the next full minute. Allowance minutes/Megabytes are not transferable except as may be available on plans with sharing. In order to gain access to coverage in newly expanding markets, subscribers must periodically dial *228 to update roaming information from voice or Smartphone devices; from the VZAccess Manager, go into "Options" and click "Activation," while in the National Enhanced Services Rate and Coverage Area every three months. This may alter the rate and coverage area. Automatic roaming may not be available in all areas and rates may vary. Roaming charges may be delayed to a later bill. Long Distance: Unlimited domestic long distance is included when calling from the plan's rate and coverage area, unless otherwise specified in the plan. Unlimited Messaging: Unlimited Messaging is included with the certain plans and is available in the National Enhanced Services rate and coverage area in the United States. Messaging applies when sending and receiving (i) text, picture and video messages to and from Verizon Wireless and Non-Verizon Wireless customers in the United States, (ii) Text, picture, and video messages sent via email, (iii) Instant messages, and (iv) Text messages with customers of wireless carriers in Canada, Mexico, Puerto Rico, and the U.S. Virgin Islands. Messaging is subject to Text, Picture, and Video Messaging Terms and conditions. Premium messages are not included. Friends & Family: Calls directed to and received from an account's listed Friends & Family numbers shall not use Monthly Anytime Voice Minutes. For Nationwide for Business plans with 900 minutes or more or 450 minute plan with the share option can add up to ten (10) Friends & Family numbers. Only calls from Nationwide Coverage Area to designated domestic landline or wireless numbers (excluding Directory Assistance, 900 numbers, or customer's own wireless or Voicemail access numbers) may be added; all qualifying lines on an account share the same Friends & Family numbers, up to account's eligibility limits; My Verizon, My Business Account or Verizon Enterprise Center is required to set up and manage Friends & Family numbers. Mobile to Mobile Calling: Mobile to Mobile Calling minutes apply when making calls directly to or receiving calls directly from another Verizon Wireless subscriber while in the Nationwide Rate and Coverage area. Mobile to Mobile calls must originate and terminate while both Verizon Wireless subscribers are within the Mobile to Mobile Calling area. Mobile to Mobile Calling is not available (i) with fixed wireless devices with usage substantially from a single cell site, (ii) for data usage including Picture or Video Messaging (iii) if Call Forwarding or No Answer/Busy Transfer features are activated, (iv) for calls to Verizon Wireless customers using any of the global services, (v) for calls to check Voice Mail, (vi) in those areas of Louisiana and Mississippi where the users roaming indicator flashes, (vii) in Canada and Mexico and (viii) to users whose current wireless exchange restricts the delivery of Caller ID And (viiii) for incoming calls if Caller ID is not present or Caller ID Block is initiated. Mobile to Mobile Calling minutes will be applied before Anytime Minutes. Night and Weekend Minutes: Apply to calls made in a calling plan's rate and coverage area only during the following hours: 12:00 am Saturday through 11:59 pm Sunday and 9:01 pm to 5:59 am Monday through Friday. If both Night and Weekend and Mobile to Mobile Calling minute allowances apply to a given call, Mobile to Mobile Calling minutes will apply before Night and Weekend minutes. However, if either allowance is unlimited, the unlimited allowance will always apply first. Nationwide for Business Share Option: The Share Option is available to businesses with a minimum of five (5) Nationwide for Business lines on the same account with the share option. The Monthly Anytime Minutes of all lines on an account will be aggregated, and then allocated first to the line with the highest anytime minute usage, and then to the line with the next highest usage. Push to Talk Plus: Push to Talk Plus (PTT+) capable Equipment required. Push to Talk Plus capable Equipment can only be used with a Push to Talk Plus calling plan. Subscribers switching from a Push to Talk Plus Calling Plan to another calling plan may not be able to use certain Push to Talk Plus capable Equipment with the new plan. Push to Talk Plus calls may only be made with other Verizon Wireless Push to Talk Plus subscribers. Push to Talk Plus Subscribers may initiate or participate on a call, simultaneously, with as many as 250 total participants (total is limited to (50) if interoperating between 3G and 4G participants). Administrators can be designated to manage the Push to Talk contact lists via a single website interface with a single user name/password. Existing Push to Talk Subscriber Equipment may require a software upgrade to use Push to Talk Plus or replacement with a Push to Talk Plus capable device. Push to Talk Plus is only available within the National Enhanced Services Rate and Coverage Area and WiFi access points. There will be a delay from the time a Push to Talk Plus call is initiated until the Push to Talk Plus call is first received by the called party. If an incoming voice call is received while on a Push to Talk Plus call the voice call may be answered and the Push to Talk Plus placed on hold. If an incoming Push to Talk Plus call is received while on a Push to Talk Plus call the PTT call icon can be selected to connect to the Push to Talk Plus call. If the incoming voice or Push to Talk Plus call is not answered a missed call alert will display. Network registration information will be sent to the Equipment each time it is powered on in the National Enhanced Services Rate and Coverage Area, each time the Subscriber travels into the National Enhanced Services Rate and Coverage Area, and every 12 hours if the Subscriber stays within the National Enhanced Services Rate and Coverage Area. While the updated network registration information is being sent to the Equipment, incoming voice calls will go directly to voice mail. Contact list cannot be modified from certain Equipment. Subscriber cannot prevent others who have the Subscriber's MTN from entering the MTN into their Push to Talk contact list. Only one person can speak at a time during a Push to Talk Plus call. In -Call Talker Override (Talker Priority) allows a pre -determined user priority to take the floor to communicate urgent message over participant. Push to Talk Plus services cannot be used for (i) access to the Internet, intranets or other data networks, except as the device's native applications & capabilities permit, (ii) any applications that tether Equipment to laptops, personal computers or other devices for any purpose. Please visit our website www.verizonwireless.com for additional Push to Talk Plus information. International Eligibility: International Eligibility requires a minimum payment history and credit approval; a contract term and security deposit may also be required. Failure to maintain these requirements may result in suspension of International Eligibility without notice. You can remove International Eligibility at any time by calling Customer Service. You are responsible for any unauthorized use of your SIM Card and will safeguard security codes. Upon termination of service, destroy your SIM Card. See verizonwireless.com/global for details. International Long Distance: You need International Eligibility to make international calls to most countries, but you can make calls to some North American destinations without it. Additional surcharges may apply when calling certain countries; see verizonwireless.com/global for details. Verizon Wireless International Long Distance Value Plan: International Eligibility required to call most countries. Value Plan feature is not available on all Plans. Rates are subject to change without notice. Standard International Long Page 23 of 28 Septembe Packet Pg. 116 8.J.b Distance rates apply in addition to airtime charges per your Plan on calls made from the Verizon Wireless network. Rates and service availability may vary when your phone's banner displays "Extended Network." Value Plan rates apply only on calls to Value Plan Countries made from your Plan's Rate and Coverage Area. If a subscriber's Plan's Rate and Coverage Area includes calls to any Value Plan country, those calls will be billed per the Plan. Except when roaming on another carrier's network, in which case that carrier's rates, taxes and surcharges apply. For Value Plan subscribers, calls made from the Verizon Wireless network to countries not included in the Value Plan will be billed at standard International Long Distance rates. Additional surcharges may apply when calling certain destinations, see www.verizonwireless.com/international for details. International Roaming: Some services, such as premium text messaging, directory assistance, entertainment lines and third -party services, may be available, and charges for these services will be billed (along with applicable toll charges) in addition to roaming rates. Message -waiting -indicator service is not available where Text Messaging is not available. When using Global Phone, or Global Data services, or if you subscribe to a Nationwide Plus Canada or Nationwide Plus Mexico Plan, and you're roaming near country borders, calls may be carried by a cell site located in a neighboring country and billed at that country's rates. Verizon Wireless will terminate your service for good cause, upon 60 days written notice, if less than half of your voice or data usage over three consecutive billing cycles on the Verizon Wireless National Enhanced Services Rate and Coverage Area. See verizonwireless.com/global for rates and destinations, which are subject to change without notice. International Eligibility required for GSM roaming in many destinations. Rates, terms and conditions apply only when roaming on participating GSM networks in published destinations. Availability of service, calling features, and Text messaging varies by country and network and may be restricted without notice. You must add International Eligibility to your account to roam in many destinations. Visit verizonwireless.com/naroaming. By using Equipment outside the United States, subscriber is solely responsible for complying with all applicable foreign laws, rules and regulations ("Foreign Laws"), including Foreign Laws regarding use of wireless phones while driving and use of wireless camera phones. Verizon Wireless is not liable for any damages that may result from subscriber's failure to comply with Foreign Laws. Roaming in GSM countries: GSM Global Phone, activated in the United States with compatible Subscriber Identity Module (SIM) card required. Rates, terms and conditions apply only when roaming on participating GSM networks in published Global Phone countries. Service may be available in additional countries, but airtime rates, availability of calling features, and ability to receive incoming calls (including return calls from emergency services personnel) may be restricted. See www.verizonwireless.com for coverage and airtime rates. Service in certain countries may be blocked without prior notice. Where Text messaging is available, Customer will be charged $0.50 for each message sent and $0.05 for each message received. Text messaging rates are subject to change. Text messages may be sent only to MTNs of (i) Verizon Wireless customers, and (ii) customers of foreign wireless carriers that participate in international text messaging. Check www.vtext.com for the most current list of participating foreign carriers. Data Services: Verizon Wireless charges you for all data and content sent or received using our network (including any network overhead and/or Internet Protocol overhead associated with content sent or received), as well as resolution of Internet Protocol addresses from domain names. Sending or receiving data using a virtual private network (VPN) involves additional VPN overhead for which you will be charged. Please note that certain applications or widgets periodically send and receive data in the background, without any action by the user, and you will be billed for such data use. Applications, �, �m,a,y automatically re -initiate data sessions without you pressing or clicking the EM or connect button. Data sessions automatically terminate after 24 hours. A data session is inactive when no data is being transferred. Data sessions may seem inactive while data is actively being transferred, or may seem active when the data is actually cached and data is not being transferred. If you have a Data Only plan and use voice service, domestic voice calls will be billed at $0.25/minute. Verizon Wireless is implementing optimization and transcoding technologies in our network to transmit data files in a more efficient manner to allow available network capacity to benefit the greatest number of users. These techniques include caching less data, using less capacity, and sizing the video more Page 24 of 28 appropriately for the device. The optimization process is agnostic to the content itself and to the website that provides it. While Verizon Wireless invests much effort to avoid changing text, image, and video files in the compression process, and while any change to the file is likely to be indiscernible, the optimization process may minimally impact the appearance of the file as displayed on your device. For a further, more detailed explanation of these techniques, please visit verizonwireless.com/vzwontimization. Verizon Wireless strives to provide customers with the best experience when using our network, a shared resource among tens of millions of customers. To further this objective, Verizon Wireless has implemented Network Optimization Practices designed to ensure that the overwhelming majority of data customers aren't negatively impacted by the inordinate data consumption of a few users. For a further more detailed explanation of these techniques please visit www.verizonwireless.com/networkoptirnization, Data transfer amounts will vary based on application. If you download an audio or video file, the file may be downloaded in sections or in its entirety; data charges will apply to the portion downloaded, regardless of whether you listen to or watch all of it. You may access and monitor your own data usage during a particular billing period, including during the Return Period, by accessing My Verizon online or by contacting Customer Service. Data Services: Permitted Uses: You can use Verizon Wireless Data Services for accessing the Internet and for such uses as: (i) Internet browsing; (ii) email; (iii) intranet access (including accessing corporate intranets, email and individual productivity applications made available by your company); (iv) uploading, downloading and streaming of audio, video and games; and (v) Voice over Internet Protocol (VoIP). Data Services: Prohibited Uses. You may not use our Data Services for illegal purposes or purposes that infringe upon others' intellectual property rights, or in a manner that interferes with other users' service, that violates trade and economic sanctions and prohibitions as promulgated by the Departments of Commerce, Treasury or any other U.S. government agency, that interferes with network's ability to fairly allocate capacity among users, or that otherwise degrades service quality for other users. Examples of prohibited usage include: (i) server devices or host computer applications that are broadcast to multiple servers or recipients such that they could enable "bots" or similar routines (as set forth in more detail (ii) below) or otherwise denigrate network capacity or functionality; (ii) "auto- responders,""cancel-bots," or similar automated or manual routines that generate amounts of net traffic that could disrupt net user groups or e-mail use by others; (iii) generating "spam" or unsolicited commercial or bulk e- mail (or activities that facilitate the dissemination of such e-mail); (iv) any activity that adversely affects the ability of other users or systems to use either Verizon Wireless' services or the Internet -based resources of others, including the generation of dissemination of viruses, malware, or "denial of service" attacks; (v) accessing or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate Verizon Wireless' or another entity's network or systems; or (vi) running software or other devices that maintain continuous active Internet connections when a computer's connection would otherwise be idle or "any keep alive" functions, unless they adhere to Verizon Wireless" requirements for such usage, which may be changed from time to time. Verizon Wireless further reserves the right to take measures to protect our network and other users from harm, compromised capacity or degradation in performance. These measures may impact your service, and Verizon Wireless reserves the right to deny, modify or terminate service, with or without notice, to anyone Verizon Wireless believes is using Data Services in a manner that adversely impacts the Verizon Wireless network. Verizon Wireless may monitor your compliance, or other subscribers' compliance, with these terms and conditions, but Verizon Wireless will not monitor the content of the communications except as otherwise expressly permitted or required by law. [See verizonwireless.com/privacy] Unlimited Data Plans and Features (such as NationalAccess, BroadbandAccess and certain VZEmail services) may ONLY be used with wireless devices for the following purposes: (i) Internet browsing; (ii) email; and (iii) intranet access (including access to corporate intranets, email, and individual productivity applications like customer relationship management, sales force, and field service automation). The Unlimited Data Plans and Features MAY NOT be used for any other purpose. Examples of prohibited uses include, -1 Packet Pg. 117 1 8.J.b without limitation, the following: (i) continuous uploading, downloading or streaming of audio or video programming or games; (ii) server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine —to —machine connections or peer —to —peer (P2P) file sharing; or (iii) as a substitute or backup for private lines or dedicated data connections. This means, by way of example only, that checking email, surfing the Internet, downloading legally acquired songs, and/or visiting corporate intranets is permitted, but downloading movies using P2P file sharing services and/or redirecting television signals for viewing on laptops is prohibited. For individual use only and not for resale. We will protect our network from harm, which may impact legitimate data flows. We will limit throughput or amount of data transferred exceeding 5 to 25 GB to 200 Kbps up and 200 Kbps down in a given billing cycle, and reserve the right to deny or terminate service, with 60 days notice, to anyone we believe is using an Unlimited Data Plan or Feature in any manner prohibited above or whose usage adversely impacts our network or service levels. Anyone using more than 5 to 25 GB per line in a given month is presumed to be using the service in a manner prohibited above, and we will limit data throughput speeds for all additional usage on that line for the remainder of that bill cycle. We also reserve the right to terminate service upon 60 days notification to the customer. Unlimited VZAccess and VZEmail: NationalAccess, Broad ban dAccess, and GlobalAccess data sessions may be used for the following purposes: (i) Internet browsing, (ii) e-mail, and (iii) intranet access (including access to corporate intranets, e-mail and individual productivity applications like customer relationship management, sales force and field service automation). Unlimited VZAccess and VZEmail services cannot be used (i) for uploading, downloading or streaming of movies, music or games, (ii) with server devices or with host computer applications, other than applications required for BlackBerry or Wireless Sync service, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, Voice over IP (VoIP), automated machine -to - machine connections, or peer -to -peer (P2P) file sharing, or (iii) as a substitute or backup for private lines or dedicated data connections. Additionally, Unlimited VZEmail services cannot be used for, (i) access to the Internet, intranets or other data networks, except as the Equipment's native applications and capabilities permit, or (ii) for any applications that tether Equipment to laptops or personal computers other than for use of the Wireless Sync or BlackBerry Solutions. Unlimited BroadbandAccess and NationalAccess data sessions automatically terminate after 2 hours of inactivity, unless Subscriber has Mobile IP (MIP) capable Equipment Data Roaming: In the Canadian Broadband and Canadian Enhanced Services Rate and Coverage Areas, usage will be charged at a rate of $0.002/KB or $2.05/MB. In the Mexican Enhanced Services Rate and Coverage Area, usage will be charged at a rate of $0.005/KB or $5.12/MB. In other available countries, usage will be billed at a rate of $0.02/KB or $20.48/MB. International Eligibility is needed to roam in many destinations. Current coverage details, and list of Other Available Countries can be found at www.verizonwireless.com/international. Global Data Optional Features: Global PC Card required for international use. Global PC Cards will not work in the United States or Canada and Global Data Optional Features subscribers will need a NationalAccess or Mobile Broadband PC card for domestic use. The domestic and Global PC Cards cannot be used at the same time. Prior to leaving the United States, subscribers must install Global Data Optional Features VZAccess Managers^^ and run the OTA wizard. Global Data Optional Features subscribers must activate and update their Preferred Roaming lists while in the National Enhanced Services Rate and Coverage Area every three months. Verizon Wireless reserves the right to terminate the service of any subscriber whose total usage is less than half on the Verizon Wireless National Enhanced Services Rate and Coverage Area over three consecutive billing cycles. . Global Email SIM Cards: SIM Cards are available for use with your Global PC Card, Global Smartphone, or Global Phone. Verizon Wireless is not responsible for any unauthorized use of subscriber's SIM Cards and subscriber must safeguard security codes. Placing your GlobalEmail SIM in any other non BlackBerry or Smartphone device could result in additional charges or termination of service. Upon termination of service, subscriber must destroy SIM Card. A data session is inactive when no data is being transferred, and may seem inactive while data is actively being transferred to a device, or seem active when actually cached and not transferring data. Customer must maintain virus protection when accessing the service and is responsible for all data sent and received including "overhead" (data that is in addition to user -transmitted data, including control, operational and routing instructions, error -checking characters as well as retransmissions of user -data messages that are received in error) whether or not such data is actually received. Verizon Wireless will not be liable for problems receiving Service that result from Customer's device. Megabyte (MB) Data Plans: M2M data usage is rounded to next full kilobyte at end of each billing cycle. Any unused portion of the megabyte allowance is lost. Equipment will not indicate kilobyte usage. NationalAccess Roaming Feature: Not for use with Mobile Office Kits. Dynamic IP addresses will be assigned when roaming. Usage rounded up to next full kilobyte. For information on where NationalAccess Roaming is available, see www.verizonwireless.com. Data Roaming: In the Canadian Broadband and Canadian Enhanced Services Rate and Coverage Areas, usage will be charged at a rate of $0.002/KB or $2.05/MB. In the Mexican Enhanced Services Rate and Coverage Area, usage will be charged at a rate of $0.005/KB or $5.12/MB. For more information on roaming in Canada and Mexico, visit verizonwireless.com/naroaming. In the Bermuda, China, Dominican Republic, Guam, India, Israel, Saipan and South Korea Enhanced Services Rate and Coverage Areas, usage will be billed at a rate of $0.02/KB or $20.48/MB. I -Dial is needed to roam in many destinations. Only the Canadian Broadband Rate and Coverage Area supports EV-DO. M2M Data Plan Share Options Share Options: Sharing is available only among Government Subscribers on applicable M2M Low Usage and High Usage calling plans. Account Share: Customer may activate up to 15 share groups per account. Sharing is available only among M2M Lines on the Mobile Broadband M2M Account Share Plans on the same billing account, in the same usage group (Low Usage and High Usage plans cannot share with each other). Unused KBs will be distributed to M2M Lines with an overage on an as needed basis to M2M Lines on the same billing account that have exceeded their MB allowance during the same monthly billing period. At the end of each bill cycle any unused KBs allowances will be applied to the overages of the other M2M Lines on the same account beginning with the line with the lowest overage need until depleted. Customers subscribing to Mobile Broadband M2M Account Share Plans will be billed on separate billing accounts and invoices from Subscribers to the Mobile Broadband M2M Profile Share Plans. Multi -Account Share: Customer may activate one (1) share group per profile (Low Usage and High Usage plans cannot share with each other); however, customer may have multiple bill accounts on the same profile. Sharing is available only among M2M Lines on the Mobile Broadband M2M Multi -Account Share Plans on the same profile, in the same usage group. Each sharing M2M Lines unused KBs will pass to other sharing M2M Lines that have exceeded their data allowance during the same monthly bill cycle. Unused KBs will be distributed proportionally as a ratio of the KBs needed by each applicable M2M Line to the total KBs needed by all sharing M2M Lines on the same profile. Customers subscribing to Mobile Broadband M2M Profile Share Plans will be billed on separate billing accounts and invoices from Subscribers to the Mobile Broadband M2M Account Share Plans. Note: 'A profile is defined as a Customer's overarching account of record under which Customer may have multiple billing accounts d v d N cLa d U c 0 'i uO r- co aM 0 V c .v a N 'o c 0 d c� U) c m E t �o Q Page 25 of 28 Septembe Packet Pg. 1, 8 I 8.J.b I The terms and conditions govern the purchase and use by Customer ("Customer" or "You") pursuant to Verizon Wireless' Contract CMS693372P with the State of Illinois for Networkfleet products and services set forth below (hereinafter referred to as the "Agreement" or the "Terms and Conditions"). If you do not agree to these Terms and Conditions you may not order Networkfleet products or services 1. DEFINITIONS. In these Terms and Conditions, the following terms, when capitalized, shall have the meaning set forth below: "Customer Website Pages" means the web pages on the Networkfleet Website designated by Networkfleet for use by Customer. "Devices" means the Networkfleet wireless device(s) identified on an accepted order. "Networkfleet Services" means the services ordered hereunder including, but not limited to: (a) collection of diagnostic and/or location information from a Vehicle; (b) any proprietary data feed or elements thereof or any APIs provided by Networkfleet; (c) analysis, delivery and posting of Vehicle information to the Networkfleet Website; (d) notification to Customer and/or a designated third party by e-mail of certain events or Vehicle information; (e) Customer access and usage of Customer Website Pages; and (f) Device installation services. "Networkfleet Website" means the Networkfleet website currently located at www.networkfleet.com. "Network Fleet" is a wholely owned subsidiary of Verizon Communications, Inc, and an affiliate of Cellco Partnership, d/b/a Verizon Wireless which is the "Contractor" under the State of Illinois Contract. "Service Partners" means the entities that Verizon Wireless works with, from time to time, to provide the Networkfleet Services, including, but not limited to, installers, website operators, mapping data providers and licensors. "Vehicle" means any vehicle equipment equipped with a Device and owned or under the control of Customer. 2. NETWORKFLEET LICENSE. During the time that Customer is entitled to receive Networkfleet Services hereunder, the Customer shall have a non exclusive, non transferable license to (i) use the Networkfleet Services in the United States and such other countries as may be approved by Verizon Wireless in writing, (ii) access and use the Customer Website Pages, and (iii) use the firmware and software included in the Devices, solely for use in connection with the Networkfleet Services, and as provided in these Terms and Conditions. Redistribution or resale of this information by the Customer is prohibited without prior written consent. 3. INSTALLATION SERVICES. If Verizon Wireless accepts an order for Device installation services, such services may be performed by Service Partners who will install the Device at a mutually agreed location, in accordance with Networkfleet's Installation Policy, located at http://info.networkfleet.com/rs/networkfleet/images/Installation_Policy.pdf, as it may be amended from time to time, which is available at the Networkfleet Website. Customer acknowledges and agrees that installation of the Device may involve drilling holes, rewiring and other similar alterations to the Vehicle and that Verizon Wireless is not obligated to restore the Vehicle after removal of the Device. 4. CUSTOMER OBLIGATIONS. Customer shall limit its use of the Devices, Networkfleet Services, Networkfleet Website, and Customer Website Pages to their intended purposes and shall comply, and cause its employees and agents to comply with all applicable laws and regulations and with Networkfleet's Website Acceptable Use Policy, Privacy Policy and all other policies that Networkfleet may establish from time to time, which are, or will be available, on the Networkfleet Website. Customer shall inform its drivers of Vehicles that such Vehicle has been enabled for Networkfleet Services and that the Networkfleet Services include the collection of data points associated with the Vehicle's location and manner of operation. 5. LIMITED WARRANTY. (a) Verizon Wireless warrants to Customer that a Device purchased hereunder (other than an Asset Tracker device) will be free from defects in material and workmanship that prevent the Device from functioning in accordance with its specifications for a period of three (3) years following the initial activation of a Device. The period may be extended though the same period of time as the Customer has continuously paid for Networkfleet Services for the Device; (b) Verizon Wireless warrants to Customer that an Asset Tracker device which has been purchased new from Networkfleet by Customer, will be free from defects in material and workmanship that prevent it from functioning in accordance with its specifications for a period of three (3) years from initial activation, excluding the battery. (c) Verizon Wireless warrants to Customer that all accessories that are purchased new from Networkfleet by Customer will be free from defects in material and workmanship that prevent them from functioning in accordance with their specifications for a period of one (1) year from the date of shipment, (d) Verizon Wireless warrants to Customer that installation services will be free from defects in workmanship for a period of one (1) year from completion of any such installation services (unless Customer has purchased an extended installation warranty). Verizon Wireless warrants that extended warranty installation services will be free from defects in workmanship for a period of one (1) year following completion of such services. The period may be extended through the same period of time as the Customer has continuously paid for such extended warranty installation service. (e) Warranty claims must be made by notifying Verizon Wireless in writing promptly after Customer learns of the facts supporting a warranty claim, as specified in Networkfleet's then -current applicable warranty policy. The warranty policy can be found at http://info.networkfleet.com/rs/networkfleet/images/Warranty.pdf. Verizon Wireless will, at its discretion, either repair or replace any non -complying Device with a Device of equivalent functionality, and if applicable, remedy any defects in installation of the Device. (f) THE REMEDIES IN THIS SECTION ARE THE SOLE OBLIGATIONS AND REMEDY FOR BREACH OF ANY WARRANTY. 6. EXCLUSIONS. The Limited does not cover repair, replacement or correction of any defect, damage or malfunctions caused by: (i) failure to properly install the Devices as described in the Networkfleet installation guides (if installation is not performed by Networkfleet); (ii) accident, negligence, theft, vandalism, operator error, misuse or acts of Nature; (iii) failure of the facilities Customer uses to access the Networkfleet Website or to conform to Networkfleet specifications; (iv) modifications, attachments, repairs or unauthorized parts replacements performed by Customer or any third party not authorized by Networkfleet; or (v) use by Customer of hardware or software not provided or approved by Networkfleet. Customer will be responsible for the cost of Support Services provided by Networkfleet caused by any of the foregoing. 7. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 5, VERIZON WIRELESS MAKES NO WARRANTY OR GUARANTEE OF ANY KIND WITH RESPECT TO THE DEVICES AND THE NETWORKFLEET SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, VERIZON WIRELESS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, Page 26 of 28 Septembe Packet Pg. 119 I 8.J.b I BUT NOT LIMITED TO: IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. VERIZON WIRELESS DOES NOT WARRANT THAT THE RECEIPT OF DATA, MAPPING INFORMATION, AND OTHER CONTENT FROM THE DEVICES WILL BE AVAILABLE AT ALL TIMES, AT ALL GEOGRAPHIC LOCATIONS, UNINTERRUPTED OR ERROR -FREE, OR THAT THE TRANSMISSION OF DATA, MAPPING INFORMATION, AND OTHER CONTENT FROM NETWORKFLEET TO CUSTOMER OR TO THE CUSTOMER WEBSITE PAGES WILL ALWAYS BE ACCURATE, TIMELY OR COMPLETE. 8. LIMITATION OF LIABILITY. (a) NEITHER PARTY WILL BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF THAT PARTY IS INFORMED THAT THOSE DAMAGES MAY OCCUR. EXCEPT FOR VERIZON'S INDEMNIFICATION OBLIGATIONS IN THE STATE CONTRACT AND DAMAGE TO PERSONS AND PROPERTY, VERIZON WIRELESS' CUMULATIVE LIABILITY UNDER ANY LEGAL THEORY SHALL NOT EXCEED THE AMOUNT PAID TO VERIZON WIRELESS. (b) WITHOUT LIMITING THE FOREGOING, VERIZON WIRELESS AND THE SERVICE PARTNERS ARE NOT RESPONSIBLE FOR LIABILITIES OF ANY KIND RESULTING FROM DELAYS IN DELIVERY, INSTALLATION OR PROVIDING NETWORKFLEET SERVICES OR OTHER SERVICES, REGARDLESS OF THE CAUSE OF THE DELAY. CUSTOMER UNDERSTANDS AND AGREES THAT VERIZON WIRELESS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM AN ALLEGED OR ACTUAL LACK OF SECURITY RELATING TO CUSTOMER'S USE OF THE NETWORKFLEET SERVICES. (c) CUSTOMER UNDERSTANDS AND AGREES THAT: (i) THE DEVICE IS A WIRELESS DEVICE AND THAT WIRELESS COMMUNICATIONS NETWORKS ARE USED TO CONNECT THE DEVICES WITH NETWORKFLEETS DATA CENTER AND BY USING GPS (GLOBAL POSITIONING SYSTEM) TO DETERMINE A VEHICLE'S LOCATION; (ii) THE NETWORKFLEET SERVICES WILL NOT OPERATE UNLESS A VEHICLE IS IN AN AREA THAT HAS ADEQUATE WIRELESS COMMUNICATIONS COVERAGE AND, EVEN IF A VEHICLE IS IN SUCH AREA, THE NETWORKFLEET SERVICE IS SUBJECT TO WIRELESS SERVICE NETWORK AND TRANSMISSION LIMITATIONS AND MAY BE ADVERSELY AFFECTED BY TERRAIN, SIGNAL STRENGTH, WEATHER AND ATMOSPHERIC CONDITIONS, OR OTHER THINGS THAT VERIZON WIRELESS DO NOT CONTROL; AND (iii) INFORMATION ABOUT A VEHICLE'S LOCATION WILL NOT BE AVAILABLE UNLESS THE DEVICE IN THE VEHICLE IS ABLE TO RECEIVE GPS SIGNALS. 9. PROPRIETARY RIGHTS. Customer acknowledges and agrees that the Devices, the Networkfleet Service and the Networkfleet Website may include patent, copyright, trademark, service mark, trade secrets, or other intellectual property rights (collectively "Proprietary Rights") of Networkfleet, its affiliates or the Service Partners (including, with respect to the Networkfleet Website, materials that may be proprietary to Service Partners and suppliers, and that Networkfleet, its affiliates, including Verizon Wireless and/or the Service Partners retain title to and ownership of those Proprietary Rights and any and all improvements, modifications, fixes or enhancements made by or for Networkfleet, its affiliates and/or the Service Partners to the Devices, the Networkfleet Service or the Networkfleet Website and grant such Customers a limited license for purposes of utilizing the services for the purposed outlined in this agreement. Customer will not copy, modify, reverse -engineer, disassemble or decompile any software or firmware included in any Device or the Networkfleet Website or otherwise provided to Customer by or on behalf of Networkfleet, and will not disclose such software or provide access to the Devices, such software or any Networkfleet Services to any third party for such a purpose. Customer agrees that with respect to the Networkfleet Services, it shall not, nor shall it permit any third party to (a) assign, transfer, lease, rent, sell, distribute or import such Networkfleet Services to any third party; (b) except with the express written consent of Verizon Wireless, combine, embed or incorporate the Networkfleet Services into any other product or service other than any Customer -owned or developed interface for purposes of receiving the data feed delivered from the Networkfleet Devices; (c) reverse engineer, translate, convert, decompile the Networkfleet Services; (d) remove or alter any proprietary notices in the Networkfleet Services;(e) use the Networkfleet Services in connection with the transmission, sale, license, or delivery of any infringing, defamatory, offensive, or illegal products, services, or materials; (f) use the Networkfleet Services in any manner that threatens the integrity, performance, or availability of the Networkfleet Service; or (g) use the Networkfleet Service in any manner that violates local, state or federal laws, regulations or orders. The Networkfleet Website includes aerial, satellite imagery from Digital Globe, one of the Service Partners, as a mapping option. Customer agrees to comply with the terms of use contained in Digital Globe's End User License Agreement attached to the State Contract as Exhibit 8. 10. MODIFICATIONS; WEBSITE MAINTENANCE. Networkfleet may alter or modify all or part of the Devices, the Networkfleet Services or the Networkfleet Website from time to time; provided such changes do not materially adversely affect Customer's use of the Networkfleet Services or Networkfleet Website. Subject to the foregoing, such changes may include, without limitation, the addition or withdrawal of features, information, products, services, software or changes in instructions. Networkfleet reserves the right to perform scheduled maintenance for the Networkfleet Services and Networkfleet Website from time to time. This may include application and database maintenance as well as general website maintenance and may or may not involve Networkfleet Website and Networkfleet Services unavailability. 11. DATA. Customer represents that it has all rights and authority with respect to the data Verizon Wireless, Networkfleet, and the Service Partners acquire and transmit through Customer's use of the Devices, the Networkfleet Services and the Networkfleet Website ("Business Data") and grant the rights and approvals set forth in this Agreement and further grants to Verizon Wireless, Networkfleet, its affiliates and the Service Partners the nonexclusive, license and right to collect, access and use Business Data, and to access, copy and use the Business Data in the course of performing the Networkfleet Services and to analyze, measure and optimize the performance of the Devices and the Networkfleet Services and to develop new offerings for Customer and others and for other purposes of Networkfleet and its affiliates, including the development of data products for sale, licensing and distribution to third parties during the term of its contract with the Customer; provided, however, that except as may be required under law or court order, Networkfleet will not disclose or distribute Business Data to a third party in a form that permits identification of Customer. 12. EXPORT CONTROL. Customer understands and agrees that: (i) the software used in connection with the Service is controlled by US export control laws; (ii) further transfer or export of the software may be subject to US export control laws or similar laws of other countries; (iii) Customer will abide by such laws; and (iv) Customer will not re-export or divert the software to a country or activity in contravention of U.S. law. Customer represents and warrant that: (i) Customer is not now located in, does not maintain an office or residence in, is not a citizen of, nor does Customer intend to travel to (without agreeing to follow any specific federal regulatory parameters on such travel), any of the following countries: Cuba, Iran, North Korea, Sudan, Syria, or other locations where the United States or other governments may have restrictions; and (ii) Customer is not, nor does Customer anticipate being, listed on any U.S. Government, United Nations or other country's prohibited parties list (including, but not limited to the U.S. Department of Commerce Denied Persons List or Entity List and the U.S. Treasury Department's Specially Designated Nationals, Terrorists or Narcotics Traffickers List). 13. OWNERSHIP AND ACCEPTANCE. Title transfer and acceptance of products and services occur upon shipment or provision of service. d v d N L d U c 0 N uO r- co aM 0 �a �a V c .v a Ln 0 c 0 d U) c m E t ca Q Page 27 of 28 Septembe Packet Pg. 120 1 I 8.J.b I 14. GENERAL. (a) No amendment, change, modification or waiver to any provision of any accepted order or these Terms and Conditions will be binding unless signed by an authorized representative of each party. (b) The parties' respective rights and obligations under Sections 7. DISCLAIMER OF WARRANTIES, 9. PROPRIETARY RIGHTS, and 11. DATA survive termination of an order. Page 28 of 28 Septembe Packet Pg. 121 � 8.K Action Item : Request to Waive Bids and to Authorization to Negotiate for PW Vehicle Purchase ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: Staff recommends that the Village Board waive bids and authorize staff to negotiate pricing and purchase a replacement aerial lift truck for Public Works at price not to exceed $70,000. ATTACHMENTS: • Lift Truck Purchase Memo (DOC) Trustee Liaison Stein Monday, March 20, 2017 Staff Contact Michael Reynolds, Public Works Updated: 3/16/2017 3:49 PM Page 1 Packet Pg. 122 8.K.a Vl.l:AA.JE, OF' BUFFALO i�ROV � t MEMORANDUM TO: Dane C. Bragg, Village Manager FROM: Mike Reynolds, Director of Public Works DATE: March 7, 2017 RE: Public Works Aerial Lift Truck Replacement The aerial lift truck (440) in the Building Maintenance Section is due to be replaced this year and is currently budgeted at $100,000 for its replacement. The lift truck was purchased new in 1998 at a time when the Section performed street light maintenance in-house and is currently used by Building Section employees as a transport vehicle as it is not suitable for day-to-day Building Maintenance operations. Additionally, the vehicle is shared between the Building Maintenance, Forestry Section and Street Section, with the Forestry Section having the preponderance of its use. Street Section uses the vehicle on a frequent basis throughout the year for street sign maintenance and banner installation and removal. The Forestry Section uses the vehicle for parkway tree trimming and holiday light installation. The current vehicle is 1998 Chevrolet C3500 equipped with a Versa -lift T3100201 man lift and a Fiber Body utility style body. It was originally scheduled for replacement in 2008 and currently has 59,246 miles. The vehicle will need approximately $12,000 of repairs to it in the coming months in preparation for its five-year certification inspection, which is currently scheduled for this summer. It is not certain at this time if these repairs will be sufficient to get the vehicle in such condition so as to pass the aerial certification inspection. Current auction value for similar vehicles with current valid certifications is between $4,000 and $7,000. It is anticipated that we would trade this vehicle in as part of the new purchase. Upon our internal review of the vehicle, we have determined that a replacement vehicle is still warranted based upon our needs and operational use. To address the replacement of this vehicle, we would like to propose the purchase of a used/reconditioned vehicle from the secondary dealer market. Fleet Manager Whalen has researched the market and has found several potential replacements at a reduced cost. On -site inspection of the vehicles has not been performed pending the outcome of this request. Under this proposal, all department operating needs would be met while remaining well under the anticipated budget for a new lift truck. To facilitate this endeavor, the Board would need to waive the bidding requirements and authorize the Fleet Manager to negotiate a price not to exceed $70,000 for the replacement vehicle. Once a negotiated price has been agreed upon and reviewed by staff, the Village Manager would execute the purchase agreement. All funds are on hand in the reserve for this Capital Replacement. Per our recent discussion, I plan to place this item on the Consent Agenda at the March 20t11 Board meeting. Please contact me if you have any questions or want to discuss this in more detail. C: Mike Skibbe, Deputy Director of Public Works Bryan Beitzel, Maintenance Superintendent Bob Whalen, Fleet Manager -1- Packet Pg. 123 8.L Action Item : Authorization to Execute Contract Extensions with Multiple Vendors ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: Staff recommends that the Village President and Board of Trustees authorize staff to execute the following Contract extensions as listed below: A third and final contract option with Aldridge Electric, for street light maintenance services. A third and final contract option with Hillside Auto Body, for towing services. A fourth year contract option with Fire Safety Consultants, Inc. for third party plan review services. ATTACHMENTS: • Contract Extensions Spring 2017 (DOCX) Trustee Liaison Staff Contact Ottenheimer Brett Robinson, Finance Monday, March 20, 2017 Updated: 3/16/2017 7:51 AM Page 1 Packet Pg. 124 8.L.a 1,1 OF �13UFFALO GROVE DATE: March 7, 2017 TO: Dane Bragg, Village Manager FROM: Brett Robinson, Purchasing Manager RE: Proposed Contract Extensions Is Staff will bring the following recommendations for contract extensions before the Village Board as a single item on March 20th as has been done in the past. Staff recommends that the Village President and Board of Trustees authorize staff to execute the third and final contract option with Aldridge Electric, for Streetlight Maintenance to cover the period from June 1, 2017 to May 31, 2018. This work would be expected to continue to be done within the 2017 approved budget amount. Prices are expected to increase by no more than 3%. This is a unit price contract, as such, funds will only be expended when services are used. Staff recommends that the Village President and Board of Trustees authorize staff to execute the third and final contract option with Hillside Auto Body, for Towing Services to cover the period from August 3, 2017 to August 2, 2018. Prices are expected to increase by no more than 5%. This is a pass thru charge and does not have a negative impact on the budget. Staff recommends that the Village President and Board of Trustees authorize staff to execute the fourth year contract option with Fire Safety Consultants, Inc. for third party plan review services to cover the period up to October 3, 2018. Prices are expected to increase by no more than 2%. This is a pass thru charge and does not have a negative impact on the budget. I have reviewed the performance of each of the above listed contractors with the staff responsible for managing each contract. Staff has reported back that in each of the above listed contractors has either met or exceeded the expectations of the contract. Page 1 of 1 Packet Pg. 125 8.M Action Item : Award of Bid Landscaping ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: Staff recommends the Village Board award a contract for Landscaping Services to the lowest responsive and responsible bidder Reliable Property Services in an amount not to exceed $149,377.00, pending final review and approval of the contract documents by the Village Attorney. ATTACHMENTS: • Memo - Landscaping 2017 (DOCX) • Landscaping BidTab BGPW 2017 (PDF) Trustee Liaison Stein Monday, March 20, 2017 Staff Contact Brett Robinson, Finance Updated: 3/15/2017 3:02 PM Page 1 Packet Pg. 126 8.M.a VILLAGE OF BUFFALO 101j," DATE: March 14, 2017 TO: Dane Bragg FROM: Brett Robinson, Purchasing Manager SUBJECT: Landscaping Services BACKGROUND is As part of a review of contractual services it was determined by the Public Works Department, that the provider of landscape services for calendar year 2016 was not able to meet the minimum specifications of the contract. As such, staff did not recommend an extension of the contract and sought bids for this service once again this year. In addition to the services provided for in the previous contract, staff has added a second tier of service to provide additional landscape services to a few select sites, such as the Village Campus, Village Green and Fire Stations. Please also note that staff sought pricing for maintenance of all cul-de-sac islands, these islands are currently maintained by the residents living in those cul-de-sacs. From the pricing received for Option 1 it is clear that only a few bidders understood the magnitude of this additional work. Staff is not recommending that the Village take on this additional work at this time. After a review of the bids and reference checks staff is satisfied that Reliable Property Services is the lowest responsive and responsible bidder as shown in the attached bid tabulation. RECOMMENDATIONS Staff recommends the Village Board award a contract for Landscaping Services to the lowest responsive and responsible bidder Reliable Property Services in an amount not to exceed $149,377.00, pending final review and approval of the contract documents by the Village Attorney. Packet Pg. 127 8.N Action Item : Metro Self Storage Development Improvement Agreement ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval of the Development Improvement Agreement for the Metro Self Storage Building proposed at the intersection of Busch Parkway and Deerfield Parkway to be known as 847 Deerfield Parkway. SUMMARY: Staff recommends approval of the Development Improvement Agreement for the Metro Self Storage Building proposed at 847 Deerfield Parkway. ATTACHMENTS: • DIA memo metro self storage 17-0317 (DOCX) • DIA Metro storage 17-0317 BOT (PDF) Trustee Liaison Staff Contact Stein Darren Monico, Public Works Monday, March 20, 2017 Updated: 3/16/2017 4:42 PM Page 1 Packet Pg. 129 8.N.a VILIAGE OF TO: DANE C. BRAGG, VILLAGE MANAGER FROM: DARREN MONICO, VILLAGE ENGINEER SUBJECT: METRO SELF STORAGE DEVELOPMENT IMPROVEMENT AGREEMENT DATE: MARCH 15, 2017 CC: MIKE REYNOLDS, DIRECTOR OF PUBLIC WORKS 11 The empty lot at the southwest corner of the intersection of Busch Parkway and Deerfield Parkway is proposed for a Metro Self Storage Development. Attached is the Development Improvement Agreement which is recommended for approval with the following conditions: 1. Receipt and approval by the Village Attorney of the project's financial security in the amount of $582,924.00. 2. Receipt of the following fees and deposits: • Engineering Review & Inspection fee - $18,891.05 • DIA Cash Deposit - $6,000 Packet Pg. 130 T � T 8.N,b Form Revised: 2/24/17 Metro Storage Development Name DEVET,OPMENT TMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into as of this day of 201 , by and between the VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation, and having its office at Village Hall, 50 Raupp Boulevard, Buffalo Grove, Illinois (hereinafter called "Village"), and Metro Storage Buffalo Grove L,LC (hereinafter called "Developer"). WITNESSETH: WHEREAS, in compliance with the Village's Development Ordinance and pursuant to the Prel minarl Plan rkj,"),rrr val Ordinance No. 201E-055 .... ('Annexat,ion Agreement or PUD Oual,.nance or Agreement) dated November 7, 2016 1 Developer has submitted to the Village a Plat of Subdivision designated as Exhibit "A", attached hereto, which Subdivision Plat has been approved by the Plan Commission of the Village, and, Developer desires to improve the real property described in said Subdivision Plat; and, WHEREAS,the Village is willing to approve said Subdivision Plat, provided that this Agreement is executed to insure the completion of certain site improvements, as a condition precedent to the issuance of building permits for any buildings to be constructed on the property. NOW, THEREFORE, it is mutually agreed as follows: 1. Developer shall furnish, or cause to be furnished, at their own cost and expense, all the necessary material, labor, and equipment to complete the improvements listed on Exhibit "B" attached hereto, and all other site improvements not specifically set forth, which are required by applicable ordinances or agreements, all in a good and workmanlike manner and in accordance with all pertinent ordinances and regulations of the Vi11age and in accordance with the plans and specifications, dated February 16, 2017 shown on Exhibit "C" attached Q Packet Pg. 131 herein, 1 as Ad! ng any subsequent- xcv i sions rcqucsed t he Htnvelorer slnd approved in we i i Mg try Lhe V! i1agu pursuaiNsh Lu l-he Vi I laqr's Duvuiopmont 0p Fii rianco, vnhich EKh i h j L has boon prapared by jngjp q who arc rcgisterod PrOfOSSiOnal Rnqinnsrs and Exhibit 4 0", dtl dchnd hoino wonsisting nf tho QuWalikAg Plan dnd as approved by the Allaqu. Aii utikl-y Lincs and scrvicns to bu instakni in We st-real shalL he inslailod mriar ka pavinq,, 2. AI L,�(.] I Cd II urUln -I S EXilihii: 'I' N" is a c,'lrilp I cmt irmO t� tca- tdreg cmn0ruction A Win improvarhnnks descKbod in Exhibit- "B" herAn. Upon the nxncution of this Aqreamerd and prLnr Lo I rocI!�rd,�o,icin cdthe Naf �f 'othch vision, the Developer steal L depasA a 51 its of CrndA ow(op, anicer to aroi in a furm dnd Kubstance dpproved by I hu Vill aqn as Eta! her Wexibm! in Pardyraph 9 horul-n. Tho Let Lor or c; cm L shu III c4ginally he in tho amount at 5R2,92/4 �t)\ 11, work s I al I no n a Ed cc t i a j n,--;p�err.:i ,-'J ]r alld i hO (,V,,� 1 0 � the Miaqo EvglnuRr. It is aqrend -nat Lhu uunl rmlurs wh) Hru rmqw3roi to cunukucd the jmpYnvnmenQ described in Pnrdqrarter I hurnot are i n he qyArovral by the M Pass Fayrnonr and khak such djqrro-val wil I no! be withb ald K 7ho Devrioper has pain tho A 1 tjqn a krvinw and Mpmw PH, 0 M Can, aH requirod by CWdWance. JL is urKenRood ifull said AYA in bNani to) h. I ho amnurll rrf Lhu =nract s ur rsont PHI„ LmiLw For th(wp lknms I Wind in 9 KXh Kbi t 111-Jor err I'ho t hfie Lhr�! DevMojp(�i or any A An mmianiny's x. hoqi�u -Arly of Hr(, wnrll F�-(:rv;dnd [or herein, IM Kwo[ol,er, and/nr its P cu card Tool oro Hholl Eurnish thn Vi Iloqn with ovk&yn, A iriyun=x: cavorinq Wr ()71PJOYPHS ill 2u"h amounts am! W)/t:v''�Iqc u""' -)'5 io he Li V 1 1 nqe E I r I c d (i i It I on " try i I "d oxn(ri , i rill c: t t-Ir L a hog 1! eS' vc10 o I )cvu I Y' mjreno Lu proLecy, incipmril-Cy, save and hQd ha;mle6s, ard dofund iW V11 Ingn of BOOM Crave and I Ins cmpinync,oof f is e, vqp-.nt;li, I I Packet Pg. 132 pry Nnd all VANS, COSO, COUHNNI acHnns, and oxpunovN, includinq bul noi MAN to attoincy's Leos incurrod by reason of a IdwsuM or claim 1`0)d,Mla,gMov" =p(mrsal ion HY ising din favor "f Iny ,�nne (mr pci'M hn ny nthnr nntiny, inaLuding tho cmp Wynn,; nr n I t Unro nx 1 ndox mdnn I co nl,i I cl i . oi YQ"cmQrwTor`, u F I he Deve I ape i:, or U o:� V t ) aqc, on ��ccoi Iro nf po rsona I i n j url P s a r Kea at a r damaqns I n p rnp;W y rKWU W no go 00 nq o LI I cf, incidasiL Lo, or resulLing di rccLy [ r i . V [ ruci I y, f rom Lhc� per f oymanne A work by i hn DavOmper, i ndolwndont ;wN rautoi s or sia) viml YaUorN or A& r WMnrn, agent-m, or omployeas. "ie MmOpor AM havo no ) Abi It Ly or dam@qes for the cost s AN(And t hered n ua"sod by Hv� nl�qllgrn�,o n,( lAlu' Thi;, hol'I tcarlirl.a o"hol I be appF lr")'hde to any out ionN of the DevoiapNr, independont nuial rachor, or oub conO actoy 12 CU pr I Ci,l Ln `.,`so da�';C. C7( i; his Agrecie(^io if pirtor icins wi'i t )pr(',)r�oi by CU rho ViAaqrm coo "hall cause said ri(pro',a.nmonl Juscriloed 6. Thn Lbovelopor U Im! COMT)101-0d Athiri Werty-four (21) months lot kmHmj I ho q0t oval W Ohn PW aN shown in MOIL "A" by I hN Prosi-AN ,d jqr,,d ,and any improvomontH for which spoot ; Wd I- [me I At LN azu nol ud un LO 4LO t ir^ dl)J�)l ejoind Inj ans, RAIN7 "C" wh W-) alr rlt 1',� �!niupI (',,tcd vq h l n I hc 00 sp(ud f MI [ !me I ind to shown on I he plHnN. i L work rs ric(nmphvi r"d within 0 M I hn t i mo proncribed hurol r, Cho V i i I aqn sha I I ri,,vc: t hc i qhA -,o Ca I L upon r. rn Lhe I el I e; uP WWI F, Ln accnidaDnu KI h i Ln LprmK, I or I Im puypnsu of 9 cunplot ing thn site impravomonts, Upon cnruple! i "n of the imprnvomoN 0) 0) fa horchn prov, 1 drd For, as Wdenced by I ho carrif'OdLo ur cerl 1 V 1 natus W L he VA I Wq" Q Nsidnnt and Wax d of T r us Pmrs, I ho V i I :l 1(jo I k Lo'deemed P cu Lu have accepted said improvemums, and theranpon, the whLey of Cradit sha) I ) id- oral i ra L 1 y be reduand to an rvo a s soca r LkV Da I W ob KI qW hu"; of I hu lkweJopnr as sat forl, h [n Mgag raph I WPM. Thn INvuloppy W11 E nnuw1 Ps consu, 0 i nq rnqhwern Lo rrrr r i dun snir)vv a(q udJ I y ronstrurWd aNd said unginacrs shn I L I nrN cover h iql",piul 11 jr MYA; reprodmWohn cninion t hr r an C to Lhe V PM nqc, M Lammu I hQ V" I "WY,, I Packet Pg. 133 propori V pr Wr to accmpLdnuu a E Lhu imp r"vumumLs by (he Pres i deW ym i Txistr(,T- T1 i o L) v a 1 o p v r f o r a per 1 ad o f' c7rir c,,i e� r he yo ri + I 1�oT ma I ncvwpi anre by rhu Vi lidgP Of any himpruvemeM AHsurLhed j n Exhlb! L "B" Wreal, shaLl ha; Yospnnsibln for mainieranco ropairm din curroctions W cu E suM improvemeAs which may be required duo Ln I 1 1 1 ur"s or ini vnygHnA Q I an I ny conslruckon or duN to Lhu Me AWP rs anHAw mv, nuo or `, 4 i i irlI i ,!!!a o n c, r,-� ThH—"hligNLM of the Developer hrroumhn"Awd be 0ecunod by cu E CU Iv letter W Credit as fur (har Usarideed in Puraqrdph 9 hureuk 0 t 8, Q is aymed LhaL no cert-i firal e of E 4 Ivy any official for I no conskrucLion or n"," "0 Y'lIct ure ulOJ I r 'J' i r e J E CL Mlito foci iihius Qn inaludc, &L n0L by way at I i no t at ion, s a n a ry CU SnWur, water and N torm Se woo: SYSUMS) Ka Vr:� b� an i n rl n I I f::wt III read i eady Hwy La me rvinn thn 1 nd i vidual lots concn rnnd; and I hat roadway ( Lu i no I udu cc rho) provid i iq arrons t o the sub )rrk WL ac i ! s hdvc MUM CUMP I "Lo I Y consf ructod uxcapL For the, des 1 qned uurrduc courik;, It 0 Ul"An SOW and aqed ���uilijq ointbe qnl.n(-for' {aline: ro, 'itic loo-S �c cu In MAU iWellt.y WriliLKH have heen inwalled Mal Hwok reody h" ;Wnvirn LO and a o v� l L i (Q yoadwayn havn Won C(M a L ruc I PC nu desciihed above, W 00 nol W I MOM ng t he Earhric t i all improvement w W Lh � n hD mu owMnInwni awy 0 nVA 1W CUMPIntrd, rn WA. Tho obligations of IN Dovoloper Wuu(clnr lo Huc doposif 9 Of SeCUrity orr Lhn COMP1000n OF !MPrUVPMVHLs iKxhlbll "B" hur( of) ond 0) Lhu, onc,, yc,ar rrointenance of said improvomnon w,"i ;onmptmnrr: by thn VA lNqe (Parogrdph 1) Anay. ll be saksfiod upon doKivory o fly OWTo id a P CU rr(,-.dil an `3vcr rut the VKlaqw Q a Wrm anwepimbin tu L& Vi.Liaqn, Too InUar of Crndjt shall W radds sub InKL f u this Agi vpmW Tho Dnvoloptor harnhy waiveitupion rurnudnL ku 10 ILUS 550/1 dnd Q E MS 5/11-39-3 10 on 1W any Lype uf sucjMV What tham a Wifur nf I I Packet Pg. 134 111 � I P1 �!(J(A L ( -1 nn, t U - o(I tC I'M 9, (7, C) 10 111, � 0 1 IS , d��(f �� Ole_t I) t-7 Ln I i er of Crodi I, I he V 111 aqY hureby dqrou a I o (h ou I Un a Q 01 to w� I i)' f or lnaDFrr Q'U'a rrdl.l U�orld(u- s I wh sOc'n I I I I e I;"/ ( (", t hr C"ri.�i'I1 of ;>Dymunt for labor aNd wturials suppl !ad or vo kv wppl VC )nv nnciinwra, �.ow r,actor's, Or, to, or for: tfa' ILO-Ircrf ii ci f Mu I rr,S L 1 i�v peg or i hu V! 1 laUn, do the case may Pun, under i ho prwlshw A this AgnumanI and i hH snid improvemonLS MY Mph paymuni i u nc i ml munk; shn it ) Qw, bc��n ccmpaetod, r,ar tali 1v umploind, in Hubskanlial annonhavy, rr i rAm pinw� Hnd HpwAFAwt WnN Qscribr-d Wroin, M Tnn VAInqu EuKhor hurchy nqrnps Ouil I n IN: oxf,"At t han Me 0oplopur pausus tars, rommAmenis of WN AqrQQTMHW I" IW Wnpl& Vd, I W nutstanding I lahl 1 Ly of the ssuor of the hed't (.j of Credi I ��hol I cfinri nq I he cuurse W wnnk"uutinr A I by QprnvwmnnLs, proximits till copf. W (,rcnn:1 +,r i riy­, J I AW paying iLaapa J r "IicI ]P'aI'aifaeo for i hi:' cnmplollon of K"o improvnmonts wENrrnd In in WA Aqrnwenl, Unt A all cequl roa f csi P ravo Upo, Oubini I Icd :ipw)v,�y d 14, Vill�yn for Oda!, Of itip con aLrarl ion nlompnl s including, in! nQ I imi tod to, wN hwork, stynnI pdvemeNW, pjrkl Fil1 P��,t i)d'VHTTc`Ml sawors oral walor mains, a minimum of thaL portkrc (T thu surely Wr winh aownk whaLl Op 5uo)W to warpLute rotnnl inn. ALI i nqq i Nomw t n a r r� f ect f 0 -1 minimum Q V aRn (M) pn rw n 1, 1, a i- E n c, r' r,M L f i -c,c f accepLanue by ihe Wil"qP, Inc , r d er 1, .n q 11 rA r a n t o n dnd warranty Un: cod iqakona parnqraph 7 bar"! or an ,eau:, nnt, oqual vo f 1 Ft ccn ( I Y1 p.i ,) f i i: i (` ' ,:t` II :ffk.Hn, he he"M r of CruT L, or an dlri_W "qU I ""1 0 1 i ! kwmn (150 r t(, cuwL ast irraw at rho i nd i vidua L wpinvonent (s) sna A W:1 ot ainnd On Inn Tat tar of Cred i I i or a por 1 od of one-yon r Wyond I cumd f 'V_"(:ULo by " lur V i a..l arrrr of I ho impi, ovulmr111 is) E As it nurt i Par of the swcur Re umoaW aper 1 t i ed il I ho Dcvc' l (oejr spa I ""�m i ut , i n at rush dnpw5l I w � Ph 1-hu Y i I I aqv CUrk ir I ho ,mijunj oI Six rfinu�aud 1f row'h'uw )1')l I Packet Pg. 136 maini-Anud with d smo("1i h and Firm surfann rnHsnnnh1y ^ w ior acn1 3 o f ommrqvncy vehicKWH nuch an tire tnovko and aMpAwrovis, o r 1 E wry cand 1i i,)n (Jc~,va Lops whi ch is dopmua d danger I n InWhi h"A L h w HaNO y 11, t Thn Villaqn uF RUN in GrnvH dun to rho antions ol t hn UnvOopor or his la i lurc 1, o art; and aftor wriUan Hol 1 con of this (undH !on, the DuveWpur, f,91 ia c) iinnind-imi-cly remedy Ae uond! Lion; W="W; V i I I dqp mmy I d ke o�'-1 .on Lo I ('MRdy I he situation and chargo vdkb-h rosul f s I roin 4 cu Lho at t- 1 on I n rcorody Uic� "'i tua I i (o I tr) the cash 'k'q-s J)ul ro-1 i l f i ca I i c'n E cu Tioi i �-iu cach depos j L has Won drawn upon, I he Dovch,er slat [I OmPAWN v 0 t E WPM it SUMN CH17 funds to WOW kn I ho dcpo3 II in rho amount M 4i+ Six Thousand huliars (06,00U.00) I r hi :':"T,i �y cq)�'r h;ono- made CD E CL he acldJ I i depos 1 1 ruqA r(A i n fmA i ril a i n t 1 rA a I innsh Aqw,611 1 n I kv 0 CU ,31M>LHu 'Df it Thousurni Dollars 06, 000, 00) w! f h 1 n I nr cc 3) Joys J rom cu d, z a r o 1 v Q d n n 1 1 n Q I h a m a h v A I i 1 11 fa :oqn,r�-1 UjrO I hn V'I1..1 Qqr mAy ]_ni m_! a 0 (1) Work Ordpt or Kn) any revokr o n v r 1:) 11 �)S:', 11 `�I „I� i�:'L..' i,1'i C.aF l.,a :)"�Ir ';.P.111 r) I I i n A u o in a [ d1 f 11, i I u (j 1 1 j T 1, 1 1 1 1 t o d ap�snda 11'1(. duvoN i I ma Y ho (f r �ilVqio u',/ ( V 1 onc. i t I ono r`f U) (D arn HUI MW 1q I ho Dov"I oper W; 1 hi r i vp (K; days A Mr CO i o v e K of d w r i c n n u L j c n a 1 n n n a " w r ki a n c " w 1, h 1 1 njuk! Win n! K"K 0 M AyrnomonL, excod j n ch Nc s o J: An Ica o pad iv Who 1 1 h" n; I rn I f n 0; a doW amd nod by Lhn A P" aqr , i n wh i Ph t,hr: cic�pu�� m,ny bi�� dr rrvvn ujp�:Yi 9 i mmcd 1 a I c':Lo i i o, va i j) (J T o)t' h i Inmod i r, I n nim-dt i 10iCM AI I c1 a"Wonanco period and upon reco auL by 1 h" V i 1 1 Q n; k of a wr i on P 4 CU f,,qaust, fov rndpaso of LACE" Qpn5 Pf , thn 011d, will nilhnr Wily thi!� lavoloper Qak Ihn Aprovamunis III" I' H C I inn prop"rccWtion lot final Li reJ nano n I Kho dopas! I , or who 1 1 rc( ho RnIUS'i [ v) i 1 hJ 1, f i I 1 (.11 r) E Wyu,, I ri :Add'i i r on Y.r) M;'' � (Ph"M 11 -�n'd �orjd i I i on�,1 I an 'r, I Ln'r o " (:r cuh i , fhuv(�) ()I`cr, hf'I' (J)')/ 'r' � ( ) ,, cI'j , f i , a ) 1, r I � I I Packet Pg. 136 o(vin- 111 rain nuhs hand i nq Lishi, L i L y of Ph e a u"-,tf- I r f I (:'Y c landu I, 4:1',"'1'1�"cpY, c)ll thn written approval of thn Wlage; howevor, in N H a vent a, t1m V W I wq;,, shLy I." I such Lot I or of C rod i I Cu a xp 1 ro, ul I. I! un, c)y i l s + (�Tins, nT roi u) ri of �ujh MUM UE Crodkv Wj I 11(, Duvy 1 nfmn ]I pca! I hF exp, r'if „oa I of C one- tn�:Flr FYom the dccep7nnuc of M imMuvnn"0v r0onanal to In"Wrl n""' 0) cu o `1 i IiCagkby, To t no exL on L Q at th a pro v M Lon',", tIo I aqrqfl'i "i hw`re � r), a ( I d of Wo Of Las Of purmil I ha V KI kwqe t n drdw t unds crane) w u c h 4 cu Cred 1 L , L he V v I I N qc hut My aq r n us I n i Auce t no ou t N h o m Urq E WhiMy of Inc issuer of no KnUor of MCI to Mw wnnt Jhal unW 0 E orn disnurond, 4 7.,ny Lr' t her of Crod i I a ha J """ r o v i do f: ho I tin Knuer I heynnil E CL what I not rannK nr of hurwi-Nu tormKiLe spla spruri Ly w! I hout a wrM en 0 as W 1 w bp i nq q i ven t o t hn V 1 1 1 aqe bw ( woon V h 1 r 10) Stym at Q f u j i v 1) tU (45) days 'n advdnue of tnrminaL No or unnM Kv i"n' Dr,'�vulopur shakl irslak m"y dMU!"naL Marm suwvis Hnd/ui, jniukn vQ-ijc-,h orp roinAred in orner to p1h,hWe WYAW4 Wer oi �ondl L I i ans n f excassivu suqq i nes S Wn i Ph may, I "� t t le i j �1 on ltat V 1� u�'pn Xnqine a r, bR M I r i me W ai to Lou I cuw I h !Hd Ma M I of 1'�s"r q L Mast a U) (D o c c u pd, T r Y n(�IcRj P I' t I i uni �1 � I I x P� r 00 K qhl inq spNK find on Exhi h! L "C" it! i fWAMLIM WK OrWYMUMM 0 M 13, '1 he v () n! �e I ac'knowNdqu, than hr !K ?;nq"ms!hK I o r I hr rn pr npnr coni rn n"ol wendB, grass, rMnsr, and OM wi all 1poyn I V YM "W he 9 owns within UP Vil !ago An accordance W h Chdpl "t N.12 of thn Ruffdlr-, 0)0) fa rwh" it is lurlhnr Hqrnmi IhN 11W )KVQq>Cr ShMP runhinue In be responalhict for thy prapay mw!nt"Hanuo of any pircW2 W P tU prupart y fui wh i Ph L he My& opNr t cans QrN om", uvh 1 p J i IW V! I IdMi wn K 1 i i)(", cj(va I c)prvw,,,nt' '-, i wp)vemsn I, t; Fpd t ft-r V I t I 'ey': C writing in aucorcidncn with tho proviWano or Ma Q;-TmwW 0 E If 1. I j o Io"v P I opn r k a 1 L's r(o t ni, i) J ma i'lit uo'HICO fa s'o;L�d J n n L I her 1,I) i9 �)d i'UTat u,r V! I Inqo may providc a wriLren nctf-icc I a t ho ImMo[or W 1he Upiops, I Packet Pg. 137 maintenance condition. If proper maintenance is not completed within ten (10) days after the Developer is provided this notice, the Village may perform the maintenance and deduct the costs of the maintenance from the cash deposit described in Paragraph 9E. 14. The Developer agrees that no improvements constructed in conjunction with this project are sized or located in such a way as to warrant any recapture payment to the Developer pursuant to any applicable previous agreements. 15. Thi-s Agreement and the obligations contained herein are in addition to, and not in limitation of, aii other agreements between the Parties hereto including, without limitation, the Preliminary Plan Ord�riance-Ho20L6-055 - - - - - - --------- .......... ..... .... ... (Annexatzon Agreement or i,"IIJD OrE:Jinance) dated November 7, 2C716 , and the obligations contained therein. 17. Paragraph(s) N/A are attached hereto and made a part hereof, IN WITNESS WHEREOF, the Village has caused this Agreement to be executed, as has the Developer, all as of the date first above written. VILLAGE OF BUFFALO GROVE, an T21inois Municipal Corporation By DEVELOPER Metro Storage Buffalo Grove LLC By 8 I Packet Pg. 138 1 o pm 111 .V E I I( ) T l NNI T PIP 1� (),I/, P" 0'Nj 11 A (1; R kF 1": k, i fT )(lkj III P A c� r C' p f c D hj -i r I J , 11 1 1 o J�eIll 11-1-11,11,1111, I' v r-� '-'ljhd mi 111- . . ......... I Packet Pg. 139 1 -o m 0 DD O m o g m W =_ `•• mm m O m —v N NN 0 CA w r Z - 00 �IJ I m. j Z . 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(Devel.opm(-",,r0 Namc) D.FVELOP1�4EN,r JJAPROVEMENT AGREEMEDN' EXHIBIT Cl a n s p r, r . f,a r e 'i kale �!tonrConsutaits,Inc -.-- ---l....r.. .. . ...... . .. ...... - . . . . . ......... ent j ?i lr,-,d silltf,@E,rlig�i,r�,u.-"",.,l-ri.i�1r'�, mety"10 ".el f, ge OF 11, shl e, s I ast revl sed Fehr a i a r y .. ..... ...... (Buena c—r t i o n E-,� on pi. .-irjs} LLghtf .riq pl-all prc'par:ccl S u -1 1 i v a n C1r,t.r1 e t t- e & 10i -1 on e lra t j. t 1 ri Met,ro S(.,,,I.lf Sf.otd5pciate(J L�imuary 6 0 1 I Packet Pg. 143 1 '~ O o— - N o U a) N a) .� CD 7 w J `p w C p d C U O m Y N m m m a) U m co N m o p a) a) 3 Q c J Q o E o ° c w o N Y — 4 a) Y y O_ y c 41 a) J a) @ F N o Y Y m a o O F ° c s o N m FT a o o m 3 0 m c 0 w o o ° Q° a o 0 U N a) 'U O_ c 'N-' C C J L O .N a m C N N Y a) n aci t m o Y 3 0 .� c 'm a) > w 2 .m J L N m N E N N 7 N -�°o U i 0 C m a)s O U N m m~ O N F 2 c° c E c C O O m C o N ... SO) 'oo .L.. 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Suimtlat Items _. ...._.....,._ _..__,� Total I Demolition, Earthwork and Erosion Control $94,369 II Pavement $246,048 III Storm Sewer & BMPs $73,695 IV Sanitary Sewer $25,275 V Water $19,290 VI Site Lighting $22,000 Vll Landscaping $10,000 Subtotal: $490,677 10% Construction Engineering Contingency: $49,067.65 Construction Total: $539,744 �... . a�.........._._� .�. �ical ItemVilla�e Fee �...._. _....�. �_...... Total s s....._.�,��.�.�� Engineering Peview & Inspection Fee (3.5%) $18,891.05 Security Amount (108%) (Bond) $582„923.69 I � DIA Cash Deposit (1 % of Bond Amount & Min. $5,000) $6,000 Note: This estimate was prepared using standard cost estimating practices. It is understood that Bono Consulting Inc. has no control over costs, the price of labor, equipment or materials, or over the Contractor's method of pricing. EXHIBIT B Page 1 of 2 Packet Pg. 161 B.N,b ENGINEER'S COST ESTIMATE: 847 Deerfield Parkway, BIG, IL. COST ESTIMATE FOR SEDIMENTATION CONTROL, TREE PROTECTION, LANDSCAPING & UTILITIES Other Fees Note: This estimate was prepared using standard cost estimating practices. It is understood that Bono Consulting Inc. has no control over costs, the price of labor, equipment or materials, or over the Contractor's method of pricing. EXHIBIT B Page 2 of 2 Packet Pg. 162 8.0 Action Item : Proclamation Recognizing Earth Hour 2017 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action N/A. SUMMARY: Earth Hour started in 2007 in Sydney, Australia when 2.2 million individuals and more than 2,000 businesses turned their lights off for one hour to take a stand against climate change. With almost five million supporters and a global network in over 100 countries/territories, Earth Hour is now one of the world's largest and most respected movements. ATTACHMENTS: • EARTH HOUR PROC (DOC) Trustee Liaison Weidenfeld Monday, March 20, 2017 Staff Contact Brett Robinson, Finance Updated: 3/16/2017 4:02 PM Page 1 Packet Pg. 163 8.O.a r7 11 . Or n�f";°�Ilill:teit�laaI611° "I '4 ro I (- "utiC)"Ill Village of Buffalo Grove PROCLAMATION RECOGNIZING EARTH HOUR 2017 MARCH 25, 2017, 8:30 - 9:30 PM i WHEREAS, Earth Hour 2017 aims to show the actions that people, businesses and c governments world-wide are taking to reduce their environmental impact; and = s WHEREAS, Earth Hour is organized by the World Wildlife Fund (WWF). WWF's mission is to w stop the degradation of the Earth's natural environment and build a future where people live rn in harmony with nature ; and 00 WHEREAS, Earth Hour is a global movement encouraging individuals, businesses and governments around the world to take positive actions for the environment by switching off their lights for one designated hour; and WHEREAS, Earth Hour 2017 will be held on Saturday March 25th between 8.30 pm and 9:30 pm; and WHEREAS, With almost 5 million in more than 100 countries/territories across every continent will unite in a single moment of celebration and contemplation of the planet by switching off their lights for one designated hour NOW THEREFORE, BE IT PROCLAIMED by the President and Board of Trustees of the Village of Buffalo Grove that March 25th, 2017, between 8:30 pm and 9:30 pm, is designated as "Earth Hour" and we call upon the residents and businesses of the Village of Buffalo Grove to observe the occasion by turning off all nonessential lighting during that hour. Proclaimed this 20th day of March, 2017. Beverly Sussman, Village President Packet Pg. 164 9.A Ordinance No. 0-2017-11 : Ordinance Providing for an Amended Employment Agreement and Salary for the Village Manager ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval of the attached ordinance and agreement. Proper notice has been given in accordance with 5 ILCS 120/7.3, having been published and available on the Village's web site on March 9, 2017. The Village Board approved the Village Manager's 2014 Employment Agreement on April 21, 2014, providing for terms and conditions of his employment through 2017. The Village Manager and the Village Board have negotiated terms for a new 2017 Employment Agreement, attached hereto, inclusive of appointment, duties, compensation, benefits, termination and voluntary separation. In addition, the attached ordinance provides for additional compensation based on satisfactory achievement of goals in his 2016 performance evaluation. ATTACHMENTS: • Ordinance Establishing Salary and Amending Agreement 2017 (DOC) • Bragg Employment Agreement 2017 (DOCX) Trustee Liaison Sussman Monday, March 20, 2017 Staff Contact Dane Bragg, Office of the Village Manager Updated: 3/14/2017 1:40 PM Page 1 Packet Pg. 165 3/20/2017 9.A.a ORDINANCE NO. 2017- AN ORDINANCE PROVIDING FOR A 20017 EMPLOYMENT AGREEMENT AND SALARY FOR THE VILLAGE MANAGER WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Corporate Authorities of the Village of Buffalo Grove by Ordinance No. 2014-36 approved an Employment Agreement dated April 21, 2014 between the Village of Buffalo Grove and Dane C. Bragg; and WHEREAS, the Corporate Authorities and Dane C. Bragg wish to enter into a 2017 Employment Agreement; and WHEREAS, said 2014 Employment Agreement provides for annual adjustments to the salary of Village Manager Dane C. Bragg. 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 1. The foregoing recitals are hereby adopted and incorporated into and made a part of this Ordinance as if fully set forth herein. Section 2. Pursuant to the 2014 Employment Agreement, the Village Board awards additional performance compensation to Dane C. Bragg, as Village Manager of the Village of Buffalo Grove, for achievements in the year 2016, in the amount of $22,250.00, payable upon passage of this Ordinance. Section 3. The 2017 Employment Agreement between the Village of Buffalo Grove and Dane C. Bragg, attached hereto as Exhibit A, is hereby approved. Section 4. The 2014 Employment Agreement is hereby superseded by the attached 2017 Employment Agreement. Section 5. The Village President is hereby authorized to execute the attached Agreement. Section 6. This ordinance shall be effective upon its passage and approval. This ordinance shall not be codified. AYES: NAYES: ABSENT: PASSED: 2017. Packet Pg. 166 3/20/2017 9.A.a APPROVED: ATTEST: Village Clerk 2017. APPROVED: Village President u Packet Pg. 167 9.A.b 2017 VILLAGE MANAGER EMPLOYMENT AGREEMENT This Agreement ("Agreement") is made and entered into as of the day of , 2017, by and between the Village of Buffalo Grove, an Illinois home rule municipal corporation ("Village") and Dane C. Bragg ("Manager"). RECITALS WHEREAS, the Village Board offered, and the Village Manager accepted and commenced, service as the chief administrative officer of the Village of Buffalo Grove on or about September 7, 2010 pursuant to an Employment Agreement dated July 14, 2010; and WHEREAS, the Village Board by Ordinance No. 2014-36 approved an Employment Agreement dated April 21, 2014 between the Village of Buffalo Grove and Dane C. Bragg ("2014 Employment Agreement") which Agreement superseded the 2010 Employment Agreement; and WHEREAS, specific salary levels and bonuses were subsequently set by the Village Board in accordance with the terms and conditions of the 2014 Employment Agreement, with the latest salary ordinance being Ordinance No. 2016-31; and WHEREAS, the Village desires to continue the employment of Dane C. Bragg as Village Manager of the Village; and WHEREAS, Dane C, Bragg desires to continue his employment as Village Manager; and WHEREAS, it is the purpose and intent of the Board and Dane C. Bragg to extend the Village Manager's employment for a period of four years beginning on and from the date of adoption of this r� Agreement and subject to the terms below; and N O WHEREAS, the Board specifically waives, pursuant to its home rule authority, those certain provisions of the Illinois Municipal Code at 65 ILCS 5/3.1-30-5 and 65 ILCS 5/8-1-7, as same may be c 04 applicable to the terms of this Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and conditions set forth below, and other good and valuable considerations, the receipt and sufficiency of which are mutually acknowledged by the parties hereto, the Village and the Manager hereby agree as follows: SECTION I - RECITALS The foregoing recitals are hereby incorporated into and are deemed to be an integral part of this Agreement. SECTION 2 — DUTIES Manager shall perform the functions and duties specified for the Village Manager as more fully described under Chapter 2.08 of the Village of Buffalo Grove Municipal Code, as may be amended from time to time and shall perform other legally permissible and proper duties and functions as the Board may assign. Page l of 9 Packet Pg. 168 9.A.b SECTION 3 - EMPLOYMENT This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until (i) terminated by the Board, (ii) terminated by the Manager, or (iii) not renewed by the Board, all as set forth below. During the term of this Agreement, Manager shall be in the exclusive employ of the Village and shall not accept other employment or carry out any other business except that of the position of Village Manager, without prior written consent and approval of the Board. SECTION 4 - SALARY A. Manager's current base salary for the year 2016 for services rendered pursuant to Ordinance No. 2016-31 was $192,500.00, and is subject to the Board, in its sole discretion, awarding a performance bonus based on achievement of specified goals contemplated in the 2016 performance evaluation. B. For the year 2017, the Manager's annual salary will be $221,375.00. C. For the year 2018, the Manager's annual salary will be $254,581.00. D. For the year 2019, the Manager's annual salary will be $267,310.00. E. For the year 2020, the annual salary will be determined at a later date by the Village Board in accordance with the terms and conditions of this Agreement and the requirements of the law. F. The Board may, from time to time and in its sole discretion, establish a performance bonus in addition to the base salary prescribed in Sections 4.B., 4.C., 4.D., and 4.E. on the basis of the Manager's performance evaluations as set forth in Section 12 below. 0 N G. Said salary is payable in installments at the same time as other employees of the O_ Village are paid. I- H. The Manager will have the option of choosing to defer a portion of his compensation in accordance with Section 13 of this Agreement. SECTION 5 - TERM AND TERMINATION A. Unless sooner terminated in accordance with the terms set forth herein, the Term of this Agreement will be for an initial period of forty-eight (48) months from its date of adoption by the Board. This Agreement will automatically renew for an additional period of twelve (12) months from the last date of the prior term (Renewal Term) unless notification is provided in writing by either party not less than two- hundred -seventy (270) days prior to the ending date of the existing Term. B. This Agreement may be terminated by the Board with cause at any time, subject only to the provisions set forth in Section 6 of this Agreement. C. Either party may terminate this Agreement, at any time, without cause upon not less than ninety (90) days prior written notice to the other party. If the Board notifies Manager of its intent to terminate the Agreement without cause, the Village shall provide Manager with severance pay in the amount noted in Section 7 of this Agreement. Page 2 of 9 Packet Pg. 169 9.A.b D. This Employment Agreement supersedes that Employment Agreement between the Village and the Manager, dated April 21, 2014. SECTION 6 - SEVERANCE WITH CAUSE A. In the event the Board terminates the Manager with cause, no severance pay will be paid to Manager, but Accrued Benefits (deemed below) shall be paid as required by Law. For the purposes of this Agreement, "with cause" shall mean that the Board, at a duly noticed public meeting, has determined that Manager has (i) committed an act of gross insubordination by refusing to take a legal, valid action that is clearly within the scope of his employment when specifically directed to do so by a majority of the Board at a duly noticed public meeting; or (ii) Manager has been charged with, and convicted of, a felony as defined under the Illinois Compiled Statutes (in the event that Manager is charged with a felony, the Board may, in its sole discretion, choose to suspend Manager with pay during the pendency of any such prosecution); or (iii) Manager has knowingly caused or knowingly allowed any practice, activity, decision or organizational circumstance which is either illegal, immoral, or in violation of the Village's Code of Ethics, the Village's Code of Behavior and Conduct For Village Elected and Appointed Officials or subject to censure under the ICMA Code of Ethics. B. In the event the Board makes a determination that "cause" exists, as set forth in this Section, the Board may, in its sole discretion, as an alternative to termination, utilize progressive discipline or suspend Manager with or without pay for a period of up to thirty (30) days. SECTION 7 - SEVERANCE WITHOUT CAUSE A. In the event the Board terminates the Manager without cause, or the Manager resigns upon an offer to accept his resignation, whether formal or informal, by request of the Board or its designated representative who has been authorized by a majority of the Board, Manager shall be entitled to severance pay as follows: N O • If terminated without cause, pay in the amount equal to 60% of Manager's annual base I - salary at the time of such termination. N B. Manager shall also be entitled to compensation for all earned sick leave (paid into Village's Retirement Health Savings Account), vacation earned but unused, and other accrued benefits to date (collectively, "Accrued Benefits"), calculated based on Manager's annual base salary at the time of termination and/or in conformance with the Village's Personnel Manual. Q C. Any payment as part of severance pay hereunder is expressly conditioned upon c a� E, Manager's execution of a release of any and all claims Manager has or may have against the Village, c its employees and the Board. E w D. Any and all payments made by Village to Manager due to termination without cause rn shall be made to Manager based upon a mutually agreeable schedule so as to minimize any federal and `�° m state income tax liabilities. However, if unable to mutually agree, any final payment shall be made in a }; lump sum, payable within 14 days following termination. E E. Board will annually appropriate a fair amount within the context of its annually s adopted Annual Budget so as to legally bind the Village to its obligations set forth herein. Q Page 3 of 9 Packet Pg. 170 9.A.b SECTION 8 - VOLUNTARY RESIGNATION — RESTRICTIVE COVENANTS Manager acknowledges that the Village has invested substantial resources into his professional development. As a result of this investment and his own achievement, Manager has become one of the principal representatives of the Village in all of its various business dealings, and as a representative with the community. Manager further acknowledges that in his role he has formed long-term relationships with numerous members of the business and local government community and serves as the primary agent in the execution of multiple long-term initiatives to the benefit of the Village. Thus, to adequately protect the business interests of the Village and to maintain continuity of operations and leadership, Manager agrees that if he submits his voluntary resignation to the Village during the Term of this Agreement, he shall neither seek nor accept employment as manager, administrator, or equivalent position for any other municipality that has a boundary within 25 miles of any Village boundary for a period of one year. The aforementioned one year restrictive covenant shall not extend beyond the Term of this Agreement. The restrictive covenant herein shall not apply if the Board exercises its right to a) not renew this Agreement, or b) to terminate the Manager, in accordance with the terms of Section 5 of this Agreement. Manager shall not be entitled to any severance pay benefits if his resignation is voluntary. However, Manager shall still be entitled to all Accrued Benefits as of the date of such voluntary resignation. SECTION 9 - INSURANCE COVERAGE A. Manager shall be covered by the same health, dental and disability plans as all other Village employees, and that coverage shall be in full force and effect immediately upon the date of this Agreement. B. During the Term of this Agreement, the Village shall continue to maintain the existing life insurance policy for Manager as provided to all other Village employees, the death benefits of which are equal to an amount which is one (lx) times Manager's annual base salary, as adjusted from time to time. Manager shall have the sole and exclusive right to name the beneficiaries of said policies. SECTION 10 - AUTOMOBILE AND CELLULAR TELEPHONE A. The Village shall provide an automobile allowance to Manager in the amount of $500 per month during the term of this Agreement. Said automobile allowance is intended to provide for Manager's costs to own and operate a vehicle and as such, Manager will not be eligible for the reimbursement for gasoline, maintenance or per mile rate allowances in effect from time to time under Internal Revenue Service regulations. However, if Manager is to use his vehicle to travel on Village business greater than 50 miles outside of the Chicago metropolitan area, and it has been determined that the cost to travel by vehicle is less than to cost to travel by air or other means, then the Village shall reimburse the Manager for the cost of fuel purchased in the course of that travel, as documented. The Manager shall carry liability, property damage and comprehensive insurance, with limits approved by the Village, for the vehicle for which the allowance is provided, and shall name the Village as an additional insured on the insurance policy. B. The Village shall provide a cellular communications device to Manager, such as a cell phone or other electronic device (the latter based upon the Village's chosen medium for such communications) and a laptop computer and home VPN network connection for both business and his Page 4 of 9 Packet Pg. 171 9.A.b exclusive and reasonable personal use during the term of his employment under this Agreement. SECTION 11 - LONGEVITY PAY Manager shall be entitled to Longevity Pay as set forth in the Village's Personnel Manual as amended from time to time. SECTION 12 - PERFORMANCE EVALUATION A. The Board shall annually review and evaluate Manager's performance as of April 1st of each calendar year that this Agreement is in force. Manager's review and evaluation shall be in accordance with specific criteria developed jointly by the Board and Manager. Said criteria may be amended from time to time by the Board, in consultation with Manager. The Board shall provide Manager with a summary of the results of the review and provide him with an adequate opportunity to discuss his evaluation with the Board in closed session, as permitted by law. B. The Manager and Board shall annually define such goals and performance objectives which they determine necessary or prudent for the proper operation of the Village and the attainment of the Board's policy goals and objectives, and they shall further establish a relative priority among those various goals and objectives, which shall generally be attainable within the time limitations specified and within the limitations of the Village's Annual Budget and Capital Improvement Plan. SECTION 13-DEFERRED COMPENSATION AND RETIREMENT BENEFITS A. Manager acknowledges that the Village is a member of, and its employees are participants in, the ICMA Retirement Corporation (ICMA/RC) and as such, can participate in the deferred compensation programs offered by ICMA/RC. Any contributions to ICMA/RC are to be personally made from the Manager's annual base salary with no contributions made by the Village over and above what the N Manager may personally contribute. The Village shall pay the employer share and the Manager shall pay p the employee share of any tax or pension liability associated with the Manager's elective contributions. B. Manager shall be covered and governed by the same retirement system (Illinois Municipal Retirement Fund) as all other non-public safety Village employees. Calculations for retirement contributions shall include all compensation normally reported to the Internal Revenue Service and the Illinois Municipal Retirement Fund by the Village. SECTION 14 - VACATION, SICK AND SPECIAL LEAVE A. The Manager shall accrue 2.08 days of vacation leave per month for his personal use. The Manager shall periodically consult with the Village President in scheduling vacation leave consistent with the Village's business needs. B. The Manager may convert and receive compensation in whole or in part for accrued but unused vacation leave. Unless specifically approved in advance by the Board, the conversion shall not exceed 20 percent of the total days accrued over the prior 24 month period. C. Manager will accrue sick leave, and may redeem same, in the same manner as all other Village employees, as set forth in Chapter 13.00 of the Village's Personnel Manual. D. Manager shall be eligible for Special Leave as set forth in Chapter 14.00 of the Village's Personnel Manual. Page 5 of 9 Packet Pg. 172 9.A.b SECTION 15 - DUES AND SUBSCRIPTIONS The Village agrees to budget for and to pay for Manager's reasonable professional dues and subscriptions necessary for his continuation and full participation in national, regional, state and local associations and organizations as a result of his employment as Village Manager, and for other necessary and desirable expenses for his continued professional participation, growth, education and advancement, for the good of the Village. SECTION 16 - PROFESSIONAL DEVELOPMENT A. Subject to prior approval of the Board, the Village hereby agrees to budget for and to pay for Manager's reasonable registration fees and travel expenses as authorized in the Village's Personnel Manual (Chapter 18.00) related to professional and official travel, meetings, and occasions it deems necessary to continue his professional development and to adequately pursue necessary official functions of the Village, including but not limited to, the ICMA Annual Conference, the Illinois City/County Management Association summer and winter conferences, and such other national, regional, state and local governmental groups and cominittees thereof upon which Manager may serve as an officer or member. B. Subject to prior approval of the Board, the Village also further agrees to reasonably budget for and to pay for registration and travel expenses for short course, institutes and seminars deemed necessary for Manager to maintain his required professional development and education as set forth from time to time as requirements of achieving the ICMA Credentialed Manager program, and maintaining the AICP Certification Program, and for the good of the Village. SECTION 17 - CIVIC ORGANIZATION MEMBERSHIP ti The Board recognizes the desirability of representation in and before local civic and other N organizations, and Manager is authorized to become a member of such civic clubs or organizations, O should he so desire and upon agreement as to membership by the Village, and the Village, shall pay all expenses, upon the Board's approval of such membership. Civic club membership shall not include c memberships in any public or private clubs. The Village Board has previously authorized civic membership in the Rotary Club of Buffalo Grove through Resolution No. 2010-41, approved on December 6, 2010. a) SECTION 18 - GENERAL EXPENSES A. The Village recognizes that certain expenses of a non -personal and generally job - affiliated nature will be periodically incurred by Manager. The Village agrees to reimburse Manager for these general expenses or to pay said general expenses directly. The Village herein authorizes its Director of Finance and General Services to submit for payment on the Village Warrants reimbursement of expenses referenced herein to Manager or to pay said expenses directly to the vendor based upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. B. The Village shall provide the Manager a credit card for his reasonable travel and related expenses. The Manager shall only use the credit card for Village business and related purposes and no personal charges or expenses shall be charged to the credit card. SECTION 19 - BUDGET AND APPROPRIATION OF FUNDS Manager understands that the Board retains, in its sole discretion, the authority to approve both Page 6 of 9 Packet Pg. 173 9.A.b the annual budget and appropriation of funds for the purpose of providing all of the employment benefits set forth in this Agreement. SECTION 20 - INDEMNIFICATION In addition to that required under state and local law, the Village shall defend, save harmless, and indemnify Manager from and against any tort, professional liability claim, or demand or other legal action, whether groundless or otherwise, arising out of an alleged act of omission occurring in the performance of Manager's duties as prescribed by the Village of Buffalo Grove Municipal Code or the separate directions of the Board. The Village shall have the right to compromise, settle or litigate any such claim or suit, and pay the amount of any settlement or judgment rendered thereon. SECTION 21 - BONDING The Village shall bear the full cost of any fidelity or other bonds required of the Manager under any law or ordinance. SECTION 22 - NO REDUCTION OF BENEFITS The Board shall not, at any time during the term of this Agreement, reduce Manager's salary, compensation or other financial benefits. Manager does agree, however, to a reduction of benefits if necessary and fairly applied to other employees of the Village if affected so as to maintain the economic and fiscal viability of the Village as a whole or to properly manage and execute any of its programs of benefits. SECTION 23 — NOTICES ti Any notice or other communication required or permitted to be given under this Agreement shall c N be in writing and shall be deemed to have been duly given if (1) delivered to the party at the address set p forth below; (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below; (iii) transmitted by facsimile prior to 4:00 P.M. on any business day, with a hard copy to04 c be deposited in the U.S. Mail on the date of the facsimile transmission; or (iv) given to a recognized and reputable overnight delivery service, to the address or facsimile number set forth below: d If to Manager: Dane C. Bragg 2917 Whispering Oaks Drive Buffalo Grove, Illinois 60089 Copy: Mr. Daniel Alcorn Alcorn Karlin LLC 313 East Main Street Galesburg, Illinois 61401 If to Village: Beverly Sussman, Village President 50 Raupp Boulevard Buffalo Grove, Illinois 60089 Copy: Village Clerk 50 Raupp Boulevard Buffalo Grove, Illinois 60089 Page 7 of 9 Packet Pg. 174 9.A.b Village Attorney William Raysa Tressler, LLP 233 S. Wacker Drive, 22" d Floor Chicago, Illinois 60606 or at such other address or facsimile number, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this Section. SECTION 24 - GENERAL PROVISIONS A. This Agreement shall constitute the entire agreement between the parties hereto pertaining to the subject matter herein. All prior and contemporaneous agreements, representations and understandings of the parties, oral or written, are hereby superseded. B. No amendment or waiver of any provision of this Agreement will be binding on the Village or Manager unless and until it has been reduced to writing and executed by the Village President, as may be authorized by the Board, and Manager. C. This Agreement is adopted pursuant to the Village's home rule authority, in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970. D. This Agreement shall become effective upon adoption and approval by the Board. E. No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the Village or Manager of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 0 N F. In the event either party finds it necessary to bring any action at law or other O proceeding against the other party to enforce any of the terms, covenants or conditions hereof, or by reason of any breach of default hereunder, the party prevailing in such action or other proceeding shall 04 be paid all reasonable costs and reasonable attorneys' fees by the other party and, in the event any judgment is secured by said prevailing party, all such costs and attorneys' fees shall be included d therein, such fees to be set by the court and not the jury. d G. Manager acknowledges that this Agreement is not all inclusive of the policies, rules, benefits and practices of the Village as included within the Village's Personnel Manual as currently adopted and as amended from time to time and as such, acknowledges that his personal conduct relative to his employment is governed by the Village's Personnel Manual. H. The descriptive headings of the Sections of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. I. Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. Time is of the essence in this Agreement. K. This Agreement may not be assigned, in whole or in part. Page 8 of 9 Packet Pg. 175 9.A.b L. This Agreement is entered into in Illinois and shall be construed and interpreted under the laws of the State of Illinois. M. Every provision of this Agreement is and will be construed to be a separate and independent covenant. If any provision in this Agreement or the application of the same is, to any extent, found to be invalid or unenforceable, then the remainder of this Agreement or the application of the provision to circumstances other than those to which it is invalid or unenforceable, will not be affected by that invalidity or unenforceability. Each provision in this Agreement will be valid and will be enforced to the extent permitted by law and the parties will negotiate in good faith for such amendments to this Agreement as may be necessary to achieve its intent, notwithstanding such invalidity or unenforceability. N. In exercising their rights and in performing their obligations pursuant to this Agreement, the parties will cooperate with one another in good faith to ensure the intent of this Agreement can be attained. O. The Board, in consultation with Manager shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to Manager's performance as an employee, provided however, that such terms and conditions are reasonable and not inconsistent or in conflict with the provisions of this Agreement. P. Except as may be specifically noted herein for Manager, all other provisions of the Village of Buffalo Grove Municipal Code as currently exist or as may hereafter be amended, shall apply to Manager as they would to other employees of the Village. IN WITNESS WHEREOF, Dane C. Bragg has signed and executed this Agreement as of the day and year first above written, and the Village of Buffalo Grove has caused this Agreement to be signed and executed on its behalf by its Village President as of the day and year first above written. 0 N Village of Buffalo Grove, an Illinois O_ Home Rule Municipal Corporation I - By: Beverly Sussman, Village President Dane Bragg #682885 Page 9 of 9 Packet Pg. 176 9.B Ordinance No. 0-2017-12 : Ordinance Approving a Re -Zoning to the R-9 Multiple -Family Dwelling District with a Special Use for a Residential Planned Unit Development and Approval of a Preliminary Plan with Variations ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Recommendation of Action ................................................... ................................................................................................................................................................................................................................................................................................................................................................................................................� The Planning & Zoning Commission unanimously recommended approval of the project, subject to conditions. Staff concurs with this recommendation. Currently, JTW Prairie Landing LLC is under contract to acquire the property and is proposing to develop 12 3-story townhomes on the property. The project requires a re -zoning to the R-9 Multiple -Family Dwelling District with a special use for a Residential Planned Unit Development and approval of a Preliminary Plan with variations. Additional information can be found in the attached staff memorandum. ATTACHMENTS: • BOT Memo (DOCX) • Ordinance (DOCX) • Preliminary Plan Set (PDF) • Draft Minutes from PZC (PDF) Trustee Liaison Weidenfeld Monday, March 20, 2017 Staff Contact Chris Stilling, Community Development Updated: 3/15/2017 3:01 PM Page 1 Packet Pg. 177 9.B.a BUFFALO DATE: March 16, 2017 TO FROM SUBJECT President Beverly Sussman and Trustees Christopher Stilling, Director of Community Development Petition to the Village of Buffalo Grove for a re -zoning to the R-9 Multiple - Family Dwelling District with a special use and variations BACKGROUND Currently, JTW Prairie Landing LLC is under contract to acquire the 1.05 acre property at the northeast corner of Prairie Road and Route 22. The developer is proposing to develop 12 3-story townhomes on the property. The project requires a re -zoning to the R-9 Multiple -Family Dwelling District with a special use for a Residential Planned Unit Development and approval of a Preliminary Plan with the following variations: Zoning Ordinance 1. Variation to Section 17.16.060 decreasing the minimum lot area for a property in the R-9 District; and 2. Variation to Section 17.28.050 reducing the required perimeter setback as depicted on the Preliminary Plan; and 3. Variation to Section 17.40.050 decreasing the minimum front, side, corner side and rear yard setbacks as depicted on the Preliminary Plan; and 4. Variation to Section 17.28.050 to allow for a density of 11.4 units per acre as depicted on the Preliminary Plan. Development Ordinance 1. A Variation to Section 16.50 reducing the minimum right-of-way and parkway requirements PLANNING & ZONING COMMISSION (PZC) RECOMMENDATION The PZC recommended approval (9-0) subject to the following conditions: 1. The proposed development shall be developed in substantial conformance to the plans attached as Exhibit B. 2. Prior to the issuance of a building permit, covenants and declarations shall be submitted in a manner acceptable to the Village Attorney. 3. On street parking shall be prohibited in a manner acceptable to the Village. Proper signage shall be provided by the Petitioner and approved by the Village. Page 1 of 3 Packet Pg. 178 9.B.a 4. The Petitioner shall consider installing a berm along the south and west property lines. The final landscape plan shall be revised in a manner acceptable to the Director of Community Development. 5. The Petitioner shall continue further discussions with the Noah's Landing Homeowners Association with regards to the shared maintenance and costs to the existing Noah's Landing detention pond. 6. Final engineering shall be reviewed and approved by the Village Engineer. Staff concurs with this recommendation. It should be noted that the proposed project did have several workshops with the PZC over the last 2 years. PUBLIC HEARING COMMENTS Approximately 10 residents from the adjacent Noah's Landing Development spoke in opposition to the proposed project. Their concerns were as follows: • Architecture and building aesthetics • Density • Future maintenance of the existing detention pond • School impacts and bus service • Traffic PLANNING & ZONING ANALYSIS Site Layout • The proposed site is currently located at the terminus of Chelsey Street, within the existing Noah's Landing development to the north. • When the Noah's Landing project was approved, it contemplated the future development of the subject parcels. As a result, Chelsey Street terminated at the rear yard of the Roseman property. • The developer is seeking to extend the existing public street to serve the development. The existing 52' wide right-of-way previously approved as part of Noah's Landing would be carried through to the south. • The required 27' wide pavement would be provided. • The road extension would serve the townhomes and enable residents to access Prairie and Half Day Roads via Chelsey Street and Taylor Court. The "hammerhead" would also allow garbage trucks and village vehicles the ability to turnaround. The Village's Fire and Public Works Departments have reviewed the plan and have no major concerns. Zoning • The subject property is currently zoned R-E, which is a one -family dwelling district. However a more appropriate zoning for both proposed site plan alternatives is the R-9 with a Residential Planned Unit of Development. Setbacks are as follows: North lot line(west building) - North lot line(east building) - South lot line - East lot line - West lot line- 19, 7' (adjacent to open space) 24' 20'(adjacent to existing pond) 36' Page 2 of 3 Packet Pg. 179 9.B.a Land Use & Density • The proposed use is also compatible with the Comprehensive Plan, which calls for this property to be part of a Planned Development with a density of ten units to the acre. • The proposed development would be approximately 11.4 units to the acre. The plan notes that townhomes are the preferable housing option, but other more dense options could be considered if the site's planning and design are carefully executed. • Single-family attached units were also shown for the Olson and Roseman properties on a outlot concept sketch that was part of the Noah's Landing project that was approved by the Board in 2002. • The Village of Buffalo Grove Transit Station Area Plan, which was never formally adopted but considered a guide for development in the Buffalo Grove and Prairie View Metra areas, calls for the subject site to be a more dense multi -family development or a mixed -use development with office and multiple -family units. Parking • The Zoning Ordinance requires a parking ratio of 2 spaces/unit for townhomes. The petitioner's plans show each unit with a 2-car garage and 2 spaces in the driveway for an overall ratio of 4 spaces/unit. The petitioner is also proposing 4 additional off-street parking spaces for guests or overflow parking. • In addition, public parking is available in the commuter spaces directly across Prairie during the weekends and evenings. Architecture/Landscaping • The petitioner has provided elevations showing a 3-story product that is 38' high. Village Code allows a height up to 45'. It should be noted that this product type is different from the adjacent Noah's Landing project which is 2 % stories and ranges from 32'-35' high. • The proposed projects units are also smaller than the existing Noah's Landing project. • To enhance the appearance of the building, the developer added a 2' bump out to the side elevations to help breakup the mass of the structure. Engineering • In terms of stormwater, the detention pond built and associated with the Noah's Landing development is designed to serve the redevelopment on the subject site. • The proposed project would connect to the existing stormsewer in Chelsey which discharges into the existing pond. The Village Attorney has confirmed that based on the original plans and easements agreements established with the Noah's Landing Development, the proposed development may discharge their stormwater into the existing pond. • Sewer and water are available to the north within the Chelsey Street right-of-way. RECOMMENDATION Staff recommends that the Village Board approve an Ordinance re -zoning the property to R-9 Multiple -Family Dwelling District with a special use for a Residential Planned Unit Development and approval of a Preliminary Plan with variations to the Zoning and Development Ordinances. Page 3 of 3 Packet Pg. 180 9.B.b March 14, 2017 ORDINANCE NO. 2017 - XX AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND APPROVING A SPECIAL USE FOR A RESIDENTIAL PLANNED DEVELOPMENT WITH VARIATIONS TO THE VILLAGE OF BUFFALO GROVE ZONING ORDINANCE AND DEVELOPMENT ORDINANCE Prairie Landing Townhomes 16406 Half Day Road, 22927 Prairie Road and 2601 Prairie Road, Buffalo Grove, IL WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property ("Property") hereinafter legally described in Exhibit A is currently zoned R-E and is commonly known as 16406 West Highway 22, 2601 N. Prairie Road, and 22927 N. Prairie Road, Buffalo Grove, Illinois; and, WHEREAS, JTW Prairie Landing LLC ("Petitioner") proposes to construct a 12-unit townhome development on the Property ("Project") and has applied to the Village for a rezoning to the R-9 Multiple -Family Dwelling District and for the approval of a special use for a Residential Planned Unit Development, and certain variations from the Village Zoning Ordinance (Title 17 of the Buffalo Grove Municipal Code [the "Zoning Ordinance"]) and Development Ordinance (Title 16 of the Buffalo Grove Municipal Code [the "Development Ordinance"]) (collectively, the "Requests for Relief'); and, WHEREAS, the Planning & Zoning Commission held a public hearing on the Petitioner's application on March 1, 2017, at which it received testimony on the Requests for Relief, and WHEREAS, the Planning & Zoning Commission, at the conclusion of the public hearing, 0 made certain findings of fact and a recommendation to the Corporate Authorities of the Village of Buffalo Grove that they approve the Requests for Relief, and it prepared minutes of the public hearing; and p c WHEREAS, the Corporate Authorities of the Village of Buffalo Grove hereby determine and E s find that the requested rezoning is in the public interest; and, U a WHEREAS, the Corporate Authorities of the Village of Buffalo Grove hereby determine and find that the requested zoning and development ordinance variations are authorized by Section 16.10.050 and 17.52.050 of the Buffalo Grove Municipal Code; and, Packet Pg. 181 9.B.b 2 WHEREAS, the proposed Project shall be constructed in accordance with and pursuant to the following exhibits: EXHIBIT A Legal Description EXHIBIT B Preliminary Plan Set, including preliminary engineering, landscape plan, preliminary plat of subdivision and floor plans and elevations 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 approval of this Ordinance re -zoning the Property to R-9 Multiple -Family Dwelling District with a special use for a Residential Planned Unit Development and approval of a Preliminary Plan with the following variations: Zoning Ordinance 1. Variation to Section 17.16.060 decreasing the minimum lot area for a property in the R-9 District; and 2. Variation to Section 17.28.050 reducing the required perimeter setback as depicted on the Preliminary Plan; and 3. Variation to Section 17.40.050 decreasing the minimum front, side, corner side and rear yard setbacks as depicted on the Preliminary Plan; and 4. Variation to Section 17.28.050 to allow for a density of 11.4 units per acre as depicted on the Preliminary Plan. Development Ordinance 1. A Variation to Chapter 16.50 reducing the minimum right-of-way and parkway requirements as depicted on the Preliminary Plan. Section 3. This Ordinance re -zoning the Property to R-9 Multiple -Family Dwelling District with a special use for a Residential Planned Unit Development and approval of a Preliminary Plan shall be subject to the following conditions: The proposed development shall be developed in substantial conformance to the plans attached as Exhibit B. 2. Prior to the issuance of a building permit, covenants and declarations shall be submitted in a manner acceptable to the Village Attorney. On street parking shall be prohibited in a manner acceptable to the Village. Proper signage shall be provided by the Petitioner and approved by the Village. a) U c �o c O c m E s U �o a Packet Pg. 182 9.B.b 3 4. The Petitioner shall consider installing a berm along the south and west property lines. The final landscape plan shall be revised in a manner acceptable to the Director of Community Development. 5. The Petitioner shall continue further discussions with the Noah's Landing Homeowners Association with regards to the shared maintenance and costs to the existing Noah's Landing detention pond. 6. Final engineering shall be reviewed and approved by the Village Engineer. Section 4. This Ordinance shall be in full force and effect from and after its passage, and approval. This Ordinance shall not be codified. AYES: NAYS: ABSENT: PASSED: APPROVED: ATTEST: Village Clerk APPROVED: Beverly Sussman, Village President Packet Pg. 183 9.B.b M I D►:4 owl I 0 I MIR LEGAL DESCRIPTION Prairie Landing Townhomes 16406 Half Day Road, 22927 Prairie Road and 2601 Prairie Road, Buffalo Grove, IL SUBJECT PROPERTY LEGAL DESCRIPTION: PARCEL 1: LOT 1 IN NEHMER'S SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 18, 1957, AS DOCUMENT 947564, IN BOOK 1534 OF RECORDS, PAGE 1, AND CORRECTED BY CERTIFICATES RECORDED JUNE 5, 1957, AS DOCUMENT 952870 AND MAY 27, 1957, AS DOCUMENT 951906, IN LAKE COUNTY, ILLINOIS, SITUATED IN THE COUNTY OF LAKE, IN THE STATE OF ILLINOIS. EXCEPT THE SOUTH 10.0 FEET OF LOT 1 IN NEHMER'S SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 18, 1957, AS DOCUMENT NUMBER 947564, IN BOOK 1534 OF RECORDS PAGE 1 AND CORRECTED BY CERTIFICATES RECORDED JUNE 5, 1957, AS DOCUMENT NUMBER 952870 AND MAY 27, 1957, AS DOCUMENT NUMBER 951906, IN LAKE COUNTY, ILLINOIS, SITUATED IN THE COUNTY OF LAKE, IN THE STATE OF ILLINOIS. EXCEPT THAT PART OF LOT 1 IN NEHMER'S SUBDIVISION RECORDED ON APRIL 18, 1957, AS DOCUMENT NO. 947564 IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, LAKE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF THE SOUTHERLY 10.00 FEET OF SAID LOT 1 RECORDED ON APRIL 8, 1996, AS DOCUMENT NO. 3807002; THENCE ON AN ASSUMED BEARING OF NORTH 86 DEGREES 49 MINUTES 54 SECONDS EAST ALONG THE NORTHERLY LINE OF SAID SOUTHERLY 10.00 FEET OF LOT 1, 35.27 FEET TO A 5/8 INCH IRON REBAR WITH A 3 INCH DIAMETER ALUMINUM CAP STAMPED "ILL DEPARTMENT OF TRANSPORTATION JAMES ANDERSON COMPANY PLS 3016"; THENCE NORTH 0 DEGREES 39 MINUTES 33 SECONDS WEST 12.40 FEET TO A 5/8 INCH IRON REBAR WITH A 3 INCH DIAMETER ALUMINUM CAP STAMPED "ILL DEPARTMENT OF TRANSPORTATION JAMES ANDERSON COMPANY PLS 3016"; THENCE WESTERLY 34.26 FEET, MORE OR LESS, 0 U c �o O c E s U �o a Packet Pg. 184 9.B.b 5 ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 7808.68 FEET, THE CHORD OF SAID CURVE BEARS SOUTH 89 DEGREES 28 MINUTES 00 SECONDS WEST 34.26 FEET, MORE OR LESS, TO A 5/8 INCH IRON REBAR WITH A 3 INCH DIAMETER ALUMINUM CAP STAMPED "ILL DEPARTMENT OF TRANSPORTATION JAMES ANDERSON COMPANY PLS 3016" ON THE WEST LINE OF SAID LOT 1 IN NEHMER'S SUBDIVISION 14.26 FEET NORTH OF THE POINT OF INTERSECTION OF THE NORTH LINE OF PROPERTY RECORDED ON APRIL 8, 1996, AS DOCUMENT NO. 3807001; THENCE SOUTH 3 DEGREES 19 MINUTES 19 SECONDS WEST ALONG SAID WEST LINE OF LOT 1 IN NEHMER'S SUBDIVISION 14.05 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING. SAID, PARCEL CONTAINING 0.011 ACRES, MORE OR LESS. PARCEL 2: A TRACT OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON STAKE AT THE NORTH QUARTER CORNER OF SECTION 21, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 21, 186.3 FEET TO AN IRON STAKE IN THE EASTERLY LINE OF MILL ROAD (SO CALLED); THENCE SOUTH 21 DEGREES 07 MINUTES EAST ALONG THE EASTERLY LINE OF SAID MILL ROAD, 295.5 FEET TO AN IRON STAKE FOR A PLACE OF BEGINNING; THENCE SOUTH 21 DEGREES 7 MINUTES EAST ALONG THE EASTERLY LINE OF SAID MILL ROAD, 247.7 FEET TO AN IRON STAKE IN THE NORTHERLY LINE OF THE ELGIN ROAD (SO CALLED); THENCE SOUTH 88 DEGREES 12 MINUTES EAST ALONG THE NORTHERLY LINE OF SAID ELGIN ROAD 69 FEET TO AN IRON STAKE; THENCE NORTH 03 DEGREES 35 MINUTES EAST, 188 FEET, TO AN IRON STAKE; THENCE NORTH 14 DEGREES 20 MINUTES WEST, 50 FEET TO AN IRON STAKE; THENCE NORTH 13 DEGREES 49 MINUTES WEST, 50 FEET TO AN IRON STAKE; THENCE SOUTH 69 DEGREES 57 MINUTES WEST 153.7 FEET TO THE PLACE OF BEGINNING, IN LAKE COUNTY, ILLINOIS, SITUATED IN THE COUNTY OF LAKE, IN THE STATE OF ILLINOIS. EXCEPT THAT PART OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 43 N NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS 0 FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION u 21; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 21, A DISTANCE OF �o c 186.30 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF MILL ROAD (SO CALLED); THENCE SOUTH 21 DEGREES 07 MINUTES EAST ALONG THE 0 EASTERLY LINE OF SAID MILL ROAD, A DISTANCE OF 380.5 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 21 DEGREES 07 MINUTES EAST ALONG THE s EASTERLY LINE OF SAID MILL ROAD, A DISTANCE OF 162.7 FEET TO A POINT ON u THE NORTHERLY LINE OF ELGIN ROAD (SO CALLED); THENCE SOUTH 88 Q DEGREES 12 MINUTES EAST ALONG THE NORTHERLY LINE OF SAID ELGIN ROAD, A DISTANCE OF 69 FEET; THENCE NORTH 3 DEGREES 35 MINUTES EAST, A DISTANCE OF 26.18 FEET; THENCE SOUTH 89 DEGREES 07 MINUTES 31 SECONDS WEST, PARALLEL WITH THE CENTERLINE OF STATE ROUTE 22 (ELGIN ROAD), A DISTANCE OF 33.89 FEET TO A POINT OF CURVE; THENCE NORTHWESTERLY ALONG A 50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, AN ARC Packet Pg. 185 9.B.b G DISTANCE OF 60.88 FEET TO A POINT OF TANGENCY, SAID POINT BEING 10 FEET EAST OF THE EASTERLY RIGHT-OF-WAY LINE OF MILL ROAD; THENCE NORTH 21 DEGREES 07 MINUTES WEST ALONG A LINE 10.0 FEET EAST OF AND PARALLEL WITH SAID EASTERLY RIGHT-OF-WAY LINE OF MILL ROAD, A DISTANCE OF 106.96 FEET; THENCE SOUTH 69 DEGREES 57 MINUTES WEST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. EXCEPT THAT PART OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 43 NORTH, RANGE I I EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 21; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 21, A DISTANCE OF 186.30 FEET TO A POINT ON THE EAST LINE OF MILL ROAD (SO CALLED); THENCE SOUTH 21 DEGREES 07 MINUTES EAST ALONG THE EASTERLY LINE OF SAID MILL ROAD, A DISTANCE OF 295.5 FEET TO THE PLACE OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH 69 DEGREES 57 MINUTES EAST ALONG A LINE HEREINAFTER REFERRED TO AS COURSE "A", A DISTANCE OF 153.7 FEET; THENCE SOUTH 13 DEGREES 49 MINUTES EAST, A DISTANCE OF 50 FEET; THENCE SOUTH 14 DEGREES 20 MINUTES EAST, A DISTANCE OF 35.35 FEET, MORE OR LESS, TO A POINT ON A LINE DRAWN 85 FEET SOUTHERLY OF AND MEASURED PERPENDICULAR TO AFORESAID COURSE "A"; THENCE SOUTH 69 DEGREES 57 MINUTES WEST, PARALLEL WITH SAID COURSE "A", A DISTANCE OF 144 FEET, MORE OR LESS, TO THE EASTERLY LINE OF SAID MILL ROAD, A DISTANCE OF 85 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING, EXCEPTING THEREFROM THE WESTERLY TEN FEET THEREOF, IN LAKE COUNTY, ILLINOIS, SITUATED IN THE COUNTY OF LAKE, IN THE STATE OF ILLINOIS. EXCEPT THAT PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, LAKE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS; BEGINNING AT THE POINT OF INTERSECTION OF THE WEST LINE OF LOT 1 IN NEHMER'S SUBDIVISION RECORDED APRIL 18, 1957, AS DOCUMENT NO. 947564 AND THE NORTH LINE OF PROPERTY RECORDED ON APRIL 8, 1996 AS DOCUMENT NO. 3807001; THENCE ON AN ASSUMED BEARING OF SOUTH 88 DEGREES 51 MINUTES 50 SECONDS WEST ALONG SAID NORTH LINE OF PROPERTY BY DOCUMENT NO. 3807001, 33.89 FEET, MORE OR LESS, TO A POINT OF CURVATURE; THENCE ALONG A NORTHERLY LINE OF SAID PROPERTY BY DOCUMENT NO. 3807001, 40.39 FEET MORE OF LESS, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET, THE CHORD OF SAID CURVE BEARS NORTH 67 DEGREES 59 MINUTES 36 SECONDS WEST 39.30 FEET, MORE OR LESS, TO 5/8 INCH IRON REBAR WITH A 3 INCH DIAMETER ALUMINUM CAP STAMPED "ILL DEPARTMENT OF TRANSPORTATION JAMES ANDERSON COMPANY PLS 3016"; THENCE EAST 71.14 FEET, MORE OR LESS, TO A 5/8 INCH IRON REBAR WITH A 3 INCH DIAMETER ALUMINUM CAP STAMPED "ILL DEPARTMENT OF TRANSPORTATION JAMES ANDERSON COMPANY PLS 3016" AT THE POINT OF INTERSECTION WITH AFORESAID WEST LINE OF LOT 1 IN NEHMER'S SUBDIVISION; THENCE SOUTH 3 Packet Pg. 186 9.B.b 7 DEGREES 19 MINUTES 19 SECONDS WEST ALONG SAID WEST LINE OF LOT 1 IN NEHMER'S SUBDIVISION 14.26 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING, SAID PARCEL CONTAINING 0.020 ACRES, MORE OR LESS. PARCEL 3: THAT PART OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 21; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 21, A DISTANCE OF 186.30 FEET TO A POINT ON THE EAST LINE OF MILL ROAD (SO CALLED); THENCE SOUTH 21 DEGREES 07 MINUTES EAST ALONG THE EASTERLY LINE OF SAID MILL ROAD, A DISTANCE OF 295.5 FEET TO THE PLACE OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH 69 DEGREES 57 MINUTES EAST ALONG A LINE HEREINAFTER REFERRED TO AS COURSE "A", A DISTANCE OF 153.7 FEET; THENCE SOUTH 13 DEGREES 49 MINUTES EAST, A DISTANCE OF 50 FEET; THENCE SOUTH 14 DEGREES 20 MINUTES EAST, A DISTANCE OF 35.35 FEET, MORE OR LESS, TO A POINT ON A LINE DRAWN 85 FEET SOUTHERLY OF AND MEASURED PERPENDICULAR TO AFORESAID COURSE "A"; THENCE SOUTH 69 DEGREES 57 MINUTES WEST, PARALLEL WITH SAID COURSE "A", A DISTANCE OF 144 FEET, MORE OR LESS, TO THE EASTERLY LINE OF SAID MILL ROAD, A DISTANCE OF 85 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING, EXCEPTING THEREFROM THE WESTERLY TEN FEET THEREOF, IN LAKE COUNTY, ILLINOIS, SITUATED IN THE COUNTY OF LAKE, IN THE STATE OF ILLINOIS. SUBJECT PROPERTY ADDRESS: PARCEL INDEX NUMBER: 16406 Half Day Road, 22927 Prairie Road and 2601 Prairie Road, Buffalo Grove, IL 15-21-200-041, 15-21-200-045 and 15-21-201-025 Packet Pg. 187 9.B.b EXHIBIT B Preliminary Plan Set, including preliminary engineering, landscape plan, preliminary plat of subdivision and floor plans and elevations Prairie Landing Townhomes 16406 Half Day Road, 22927 Prairie Road and 2601 Prairie Road, Buffalo Grove, IL Packet Pg. 188 Itib, LAJ m � / « \ u uj $ \ z L kƒ b /$ k 2 u W w z u q\_� I u 0 2 z z u< o$ �</ U\ h§ & u w o< m m u D \ E E E w c c o o z c o Z o x 3 R e E$$ 0 0§ q$ & o= e><< e o 0 0 0 0 0 0 ■ c c m o @ m h h h b b b b W x y k 2« 2 x k k= x w w w_ x I u w u u u u m u u a. 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Z O M- M W U O Co w W o r>- O Z Q w OLWi a ¢5Q(A NafQ�01zF=w 4m=)of �00� LnHp� J O EDMip MO'1Q_TWUNZawLciO��wOw�O- O O U Z 2 p Y M W w U m W F-M O W W W} ONV)O Z� R8SFwFzmZY¢ Z OJm XoC,< Zw�mOZ~LLaZ�JHZ�Q��WQ > C7~ -2 Z_p-HO H ZF-H O-jO Y¢ZWTwQ (npcLa'wZL�-a.za.w Oa <a-0LLJ VJJ0ZC5Co F-mWWOMME¢zm 00-1WU WpJa.WJWzr,LO w<WUoOWU3O�¢p� z0w¢ �'d-m O Owen 0OwLLw¢a - QLLWa. MM-W a pwo OHOomV)C 3'8'6 3'8'6 3'8'6 3'8'6 ,u-IL► 3'8'6 03/1/2017 9.B.d 2. The special use granted to Max Geht and Mike Trayvas is assignable to subsequent petitioners, seeking assignment of this special use as follows: a. Upon application of a petitioner seeking assignment of this special use, the Corporate Authorities, in their sole discretion, may refer said application of assignment to the appropriate commission(s) for a public hearing or may hold a public hearing at the Village Board. Such assignment shall be valid only upon the adoption of a proper, valid and binding ordinance by the Corporate Authorities granting said assignment, which may be granted or denied for any reason. Com. Weinstein supports the request and believes that it meets the criteria to approve a Special Use. The use does not impact the parking. Com. Lesser also supports the request and likes the hours of operation. He advised the Petitioner to present the design of the lobby to the Village and obtain the proper permits. RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS] Next: 3/20/2017 7:30 PM MOVER: Mitchell Weinstein, Commissioner SECONDER: Frank Cesario, Commissioner AYES: Smith, Moodhe, Cesario, Cohn, Goldspiel, Khan, Lesser, Weinstein, Au Consider Re -Zoning 16406 West Highway 22 and 22927 N. Prairie Road to the R-9 Multiple -Family Dwelling District with a Special Use and Variations (Trustee Weidenfeld) (Staff Contact: Chris Stilling) Joe Christopoulos, JCJ Homes; Wally Malysa and Tony Kubon, were present and sworn in. Com. Moodhe advised that a family member serves on the Noah's Landing Homeowners Association Board. However, this will not have any effect on any decision or vote he makes. Mr. Christopoulos reviewed the project. The development includes 12 townhomes on the corner of Half Day Road and Prairie Road and is comprised of three lots. They are seeking a Special Use for a Planned Unit Development with certain variations as depicted on the Preliminary Plan. They are proposing to extend Chelsey Street that would include a 52 foot right-of-way. The roadway will be 27 feet wide. The current zoning is RE. They are requesting R9 zoning. The property was annexed into the Village in 1995. He believes this is a suitable development for the land. They had asked to join the Noah's Landing Homeowners Association (HOA). However, the HOA said they were not interested. It has been determined that the proposed development will not drain into the detention, but will drain into the public storm sewer. They feel this is the best use of the property. They have worked with Engineering, conducted studies and will follow the Department of Natural Resources guidelines. They will be providing some guest parking. The proposed density would be 11.4 units per acre. This is the best reasonable return for the land. The proposed development will not affect the characteristics of the neighborhood and will not be detrimental to the public health, safety and welfare. Packet Pg. 203 03/1/2017 9.B.d Com. Goldspiel is surprised that there is no detention for this project. Mr. Stilling advised that detention is not required. Noah's Landing was built with the intention to discharge into the storm sewer and then into the detention pond. Com. Goldspiel asked how the variations requested compare with Noah's Landing. Mr. Stilling advised that they are very consistent with Noah's Landing. A 2 foot bump out was added to the 5 unit building due to the visibility from Half Day Road. Com. Goldspiel asked if the driveway setbacks are adequate. Mr. Stilling responded yes. Com. Goldspiel asked if the easterly sidewalk is a carriage walk. Mr. Stilling responded yes. They want to provide a sidewalk. However, the Village will be comfortable if the PZC wants to eliminate the walk on the east. Com. Goldspiel advised that the sidewalk is essential to have and he does not want to push people into the street. He likes the way the development lines up. It looks out into open space. He confirmed the largest building will have 7 units. He asked about the firewalls. Mr. Stilling advised that the buildings will be sprinklered. The Code allows up to 8 or 9 units to be contiguous. These units will be 3 to 4 feet taller than the Noah's Landing townhomes. Com. Goldspiel asked about off street parking. Mr. Stilling described where the parking would be located. Com. Goldspiel asked if there is enough space for a fire truck. Mr. Stilling responded yes. Staff has worked with the Fire Department. The Fire Department would not bring trucks down Chelsey Street. They would stage off Prairie Road or Half Day Road. Com. Goldspiel advised that he likes the sidewalk on the east and would like to see it remain. Com. Khan asked about the existing width of Che/sey Street. Mr. Christopoulos stated it is 52 feet wide. Com. Khan asked if Che/sey Street is a public street. Mr. Stilling stated it is public. Com. Khan asked if it is 27 feet back to back of the curb. Mr. Stilling responded yes. Com. Khan asked about the drainage. Mr. Stilling advised that storm water would drain into the sewer, then the detention pond, and then back to the storm sewer. The pond performs as a public storage and drainage system. Com. Khan asked if this development would have a Homeowners Association. Mr. Christopoulos replied yes. Com. Khan asked if the new HOA would have any responsibility to maintain the detention pond. Mr. Christopoulos advised that he has been trying to work the Noah's Landing HOA and their attorney to request a direct connection to the detention pond. He never heard back. They finally received a response that they cannot direct connect to the pond. Com. Cesario noted that some driveways are smaller than other and asked if the smallest driveway can fit two cars. Mr. Christopoulos replied yes. Com. Cesario discussed the interior designs of the units and asked about the proximity to the train station. Mr. Christopoulos stated that the close proximity to both Stevenson High School and the train station will make the units desirable. He has been tweaking the proposed development plan since 2015. They took the suggestions of the PZC and made the best plan possible. Com. Cesario asked Mr. Stilling if the Fire Department issues have been resolved. Mr. Stilling responded that there will be no on -street parking but staff is still working to get some on -street parking. Com. Cesario asked about the right to use the Metra parking lot for parking. Mr. Stilling advised that Metra has allowed the use of the lot for parking for Prairie House Tavern and he is confident that the right to use the lot will remain available. Com. Lesser is pleased how the project has shaped. He believes that the sidewalk needs to remain. He asked what school districts would be impacted. Mr. Stilling advised the development would fall within Districts 103 & 125. Title 19 is very accurate with the calculations. Com. Lesser asked what the number of students projected is. Mr. Stilling stated he does not have that information but believes it is approximately 113 of a student per unit. Packet Pg. 204 03/1/2017 9.B.d Com. Moodhe asked about the proposed trees that would be located in the parkway and what the projected height would be. Mr. Christopoulos advised that they have not selected the trees yet but will work with the Village to determine which trees species. Com. Moodhe asked if it is possible to put in hedge -like plantings by the corner for a buffer. Mr. Stilling stated that staff will leave that up to the Village Engineer. Mr. Christopoulos added that there will be fence along the property line as well. Com. Goldspiel stated that a small berm can make a big difference to reduce traffic noise. Mr. Christopoulos said he will work with the Village Engineer but other developments do not have berms. He wants to stay consistent with what is in the area. Mr. Stilling added that the Developer will have to work with the existing grade of the land and any berm may only be a 1 foot to2 foot high berm. Com. Goldspiel said even a berm of that height will make a big difference. Ch. Smith entered the Staff Report as Exhibit 1. Joan Malina, 2632 Chelsey Street, was present and sworn in. Ms. Malina is on the Board of the Noah's Landing Homeowners Association. She was told that the proposed units would be similar to the Noah's Landing units but found that they are totally different. The detention pond overflows and currently cannot handle 53 units, much less an added 12 units. They are having major problems now and asked about how the pond will be maintained. She is concerned about the values of their properties. The Developer is trying to stuff 12 units onto the lots. It will be congested. It is hard to get out of Noah's Landing now. A school bus cannot make it on Taylor Court, much less a fire truck. Students have to stand at a dangerous location waiting for the bus. They had put in a No Parking restriction and there is still not enough room. They have no guest parking. They spent money to put in a nice fence. They are worried about what will happen to the fence. They are concerned about the density of the proposed development and safety in the area. She is a first owner in Noah's Landing and has seen everything that goes on. They have not gotten a lot of answers. Also they just contracted to put in a natural barrier around the detention pond. Ch. Smith asked Mr. Stilling if both Police and Fire have reviewed the proposed plan. Mr. Stilling responded yes. Ch. Smith asked if the storm water drainage has been reviewed. Mr. Stilling stated that staff was aware that the pond was not operating properly. It has since been corrected by the Noah's Landing Homeowners Association. The pond was built with this future development in mind. Ch. Smith asked who is responsible to maintain the pond. Mr. Stilling stated that Noah's Landing is responsible. Ms. Malina stated that they were never made aware from the builder that it was their property so they never paid the taxes. The taxes were sold. They have since corrected the issue but they have maintained the pond over the years. She believes that a portion of the maintenance should be shared with this development. Mr. Stilling encourages the Developer to reach out to the Noah's Landing HOA and recommend and encourages both properties to maintain the pond. Mr. Christopoulos stated that he reached out several times to the Noah's Landing HOA. Mr. Malina, 2632 Chelsey Street, was present and sworn in. He stated that everything looks good on paper. Townhomes would be okay on this property, but not 12. He sees what goes on in Noah's Landing every day. The bus cannot make the turn. It is a small bus. There is 1 parking space for 30 units. No parking is allowed on the streets. A lot of students walk along Half Day Road. They cross the street to get to Stevenson and it is very dangerous. He cannot even see 10 townhome units on this property. The proposed Packet Pg. 205 03/1/2017 9.B.d units will be higher than theirs. He wants to see the proposed development look nice as this is an entryway into Buffalo Grove. Cars will probably block the sidewalk if parked in the driveways. Village plows cannot turn around on the streets either. Jagadeesh Balaraman, 234 Taylor Court, was present and sworn in. Mr. Balaraman has a 4 year old daughter and is concerned about the density and the traffic. Ch. Smith stated that with regards to the density, the Village has worked with the Developer. There have been three previous workshops held before this public hearing. Mr. Stilling added that the site has always been contemplated for townhomes. A study conducted projected this site to be a more dense property given the proximity to the train station. The Comprehensive Plan calls for a multi -family, dense project. Mr. Balaraman stated that it is quiet now and he wants it to stay that way. Ms. Malina asked the Village to consider a U-Turn similar to what is located at Ridge Road and Half Day Road, which includes a Yield sign. The U-Turn sign was taken away from Prairie Road and Half Day Road. She asked the Village to consider adding a U-Turn sign. Mr. Stilling stated that Half Day Road is controlled and maintained by IDOT. Mr. Steve Yunan, 2645 Chelsey Street, was present and sworn in. He wants to know the number of students that will be added to the schools. Mr. Stilling stated that no one really knows the actual number for certain. Communities use a standard to generate a projection. He believes that it will likely only be a few students. Mr. Yunan stated that lots of kids come to Districts 103 & 125. Originally they thought they would only have a few, now they have many students in Noah's Landing. The ratio is very high. This development will attract a lot of students. He also does not see a proposed playground for the development. They have a small playground for Noah's Landing. He also does not see a lot of greenspace within the development. Mr. Milan thought that Noah's Landing would be comprised of empty nesters but now there are more children than expected. Lakshadi Maram, 209 Taylor Court, was present and sworn in. He advised that Noah's Landing is very crowded with children. He asked if the Village has asked the schools. Mr Stilling stated that the Village is not required to ask with a project of this size. Mr. Maram discussed the issue with the number of students at the schools currently. Rahual Patet, 247 Taylor Court, was present and sworn in. Mr. Patet is concerned with fire safety. He said that the Noah's Landing might be open to working with the builder. He asked if the detention pond is sufficient for 1 more or 12 more townhomes. Resident, was present and sworn in. He is concerned that the proposed development will attract people with children because of the schools. There are current issues with the school buses not being able to turn on the street. This project will increase traffic in the neighborhood. The schools are an incentive to attract children. Packet Pg. 206 03/1/2017 9.B.d Resident on Taylor Court, was present and sworn in. He stated that he was reading through the formula to calculate students and found that the formula was developed in the 1970's. He asked for the formula to be re -calculated. He asked about Outlots A & B on the plan. Mr. Stilling stated that Outlots A & B are common areas and will remain as green space. Uma Parachuri, 240 Taylor Court, was present and sworn in. He stated that he has two children and he has to drop his children off at school. The bus picks up at Prairie Road and Half Day Road. Parents block the street parked waiting to drop off or pick up their children from the bus. Traffic on Half Day Road gets backed up. He is concerned with traffic safety. Jill Olsen, owner of the subject property, was present and sworn in. Mrs. Olsen advised that her father had declined to join the Noah's Landing Development when Noah's Landing was being built. She asked the audience to consider the positive convergence that the Village and developer have worked to develop. Resident on Chelsey Street was present and sworn in. He can see the property being developed, but not with that many units. It is a higher density. Have some units but not 12. And not 3 stories high. Com. Khan asked Mr. Stilling about the density at Noah's Landing. Mr. Stilling is not sure but Noah's Landing is zoned R-8, 8 units per acre. The subject development is proposed to be R-9. Com. Khan stated that the residents of Noah's Landing almost lost the pond due to the failure of notification by their developer. He explained the tax sale process. The pond falls under the HOA and is to be maintained by the HOA. He also explained what jurisdiction is responsible for Half Day Road and advised the residents to contact IDOT with regards to signage along that road. Com. Au asked Mr. Christopoulos if he considered not allowing access to Noah's Landing. Mr. Christopoulos stated that IDOT would not allow direct access from Half Day Road to the proposed development. Com. Au stated that direct access off Half Day Road would resolve any further traffic issues on Prairie Road. Mr. Christopoulos responded that both staff and IDOT would not approve direct access. Com. Cohn discussed that the maintenance of the pond is currently prorated by 53 units. Mr. Stilling advised that originally staff thought that this project would have to connect directly to the pond. Once the calculations were done they found that the pond was appropriately sized. This project will be connecting to the storm sewer on Chelsey Street, and then to the pond, which then drains back into the storm sewer. The pond will continue to be maintained by the Noah's Landing HOA. Com. Cohn stated the added units would help defray the cost to maintain the pond. But the 12 added units does not exceed the pond's operational capacity. Discussion ensued regarding who would pay for the maintenance. Com. Cohn discussed the difference in density between the R-8 and R-9 zoning districts. Victoria, 2647 Chelsey Street, was present and sworn in. She stated that testimony was given that the prospective buyer would be an empty nester looking to downsize or a Packet Pg. 207 03/1/2017 9.B.d young couple. More units in Noah's Landing are rentals. She asked how many of these units would be rentals. Discussion then ensued regarding restrictions that the HOA can put in place, including a restriction on the number rentals allowed. Mr. Roseman, owner of subject property, stated that the bus situation was not created by them trying to develop this property. There were no additional questions or comments from the Commissioners. There were no additional questions or comments from the audience. Mr. Christopoulos thanked staff and the PZC. Ch. Smith closed the public hearing at 9:19 PM. Moved by Com. Weinstein, seconded by Com. Cesario, to recommend approval of a re- zoning to the R-9 Multiple -Family Dwelling District with a special use for a Residential Planned Unit Development and approval of a Preliminary Plan with variations to: • Section 17.28.050 reducing the required perimeter setback as depicted on the Preliminary Plan; • Section 17.40.050 decreasing the minimum front, side, corner side and rear yard setbacks as depicted on the Preliminary Plan; • Section 17.28.050 to allow for a density of 11.4 units per acre as depicted on the Preliminary Plan; and • Section 16.50.070 reducing the minimum right-of-way requirements for a private street. Subject to the following conditions: 1. The proposed development shall be developed in substantial conformance to the plans attached as part of the petition. 2. Prior to the issuance of a building permit, covenants and declarations shall be submitted in a manner acceptable to the Village Attorney. 3. On street parking shall be prohibited in a manner acceptable to the Village. Proper signage shall be provided by the developer. 4. Consider installing a berm on Outlots A & B. Packet Pg. 208 03/1/2017 9.B.d 5. The Developer will further discussions with the Noah's Landing Homeowners Association with regards to shared maintenance of the detention pond. 6. Final Engineering to be reviewed and approved by the Village Engineer. Com. Lesser asked if Mr. Christopoulos would consider including a prohibition of rentals in the Declaration of Covenants, Conditions and Restrictions. Mr. Christopoulos stated he would consider added that. Com. Cesario stated that the property as it exists does match the surrounding area. This is the best proposal for this corner. The setbacks are similar to the existing townhomes. He does not believe that 12 units will make a significant difference. The water will be better controlled. He believes this fits and is supportive. RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS] Next: 3/20/2017 7:30 PM MOVER: Mitchell Weinstein, Commissioner SECONDER: Frank Cesario, Commissioner AYES: Smith, Moodhe, Cesario, Cohn, Goldspiel, Khan, Lesser, Weinstein, Au Regular Meeting Other Matters for Discussion Workshop #4- Proposed Residential Development at 16802 W Aptakisic Road/Link Farm (Trustee Berman) (Staff Contact: Chris Stilling) Mr. Jim Truesdell, Mr. Jon Isherwood and Randall Wilt, K. Hovnanian Homes, were present. Mr. Truesdell explained that the architectural design for this community was re- worked from the ground up. He reviewed the overall site plan. the Towns, which are the 3-story products; the Villas, which are the 2-story townhomes; and the Cottages, which are the single family. They incorporated the Craftsman style into the architecture, which features front porches, low pitched gable roofs, tapered columns, partially paneled doors, multi -pane windows and a mix of materials and features such as single dormers, knees braces and earthy colors. He reviewed the proposed landscaping. Mr. Truesdell went on to describe the Towns exterior elevations, interior floor plans and landscaping. There are 3 color packages available. He then reviewed the Cottages exterior elevations, interior floor plans and landscaping. The landscaping will be installed and maintained by the Homeowners Association. There are about 12 different color packages available for the Cottages. Finally he reviewed the Villas exterior elevations, interior floor plans and landscaping. All have first floor masters. There are 3 color packages available. Mr. Truesdell stated they have worked hard and believes they will create a unique community. Packet Pg. 209 10.1 Ordinance No. 0-2017-10 : An Ordinance Amending Chapter 5.44, Massage Establishments, of the Buffalo Grove Municipal Code ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. Based on feedback received at the last Village Board meeting, Village Attorneys Raysa and Glisan have recommended the following license revocation provisions in Section 1.12.030 (A) of the Village Code trigger the 24 month restriction for massage establishment locations: (1) Any fraud, misrepresentation, or false statement contained in the application for the license; (3) Conviction of the licensee of the provisions relating to the license, the subject matter of the license, or to the premises occupied. (6) Refusal to permit inspection of investigation or, take sample interference with an authorized Village officer or employee while making inspection or investigations. (7) When the conduct of the business constitutes a nuisance or clear and present danger to the public health, safety or general welfare. (9) The license or the business is not in compliance with any provision of the Buffalo Grove Municipal Code, state or federal laws, rules or regulations. These recommendations are based on what the Village Attorneys feel they need to successfully revoke a license that also meets the intention of the Village Board and this ordinance. As noted at the last meeting, it is not uncommon for prostitution arrests to be dismissed or for there to be an agreement reached on a lesser charge - which the Village has no control over. The goal is to retain some flexibility without placing undue hardship on the property owners. ATTACHMENTS: • Massage Establishment Location Restrictions (DOC) Trustee Liaison Berman Monday, March 20, 2017 Staff Contact Jenny Maltas, Office of the Village Manager Updated: 3/16/2017 4:29 PM Page 1 Packet Pg. 210 10.1.a Underlined = addition c*,.� = deletion 02/07/2017 #682756 ORDINANCE NO. 2017 - AN ORDINANCE AMENDING CHAPTER 5.44, MASSAGE ESTABLISHMENTS, OF THE BUFFALO GROVE MUNICIPAL CODE 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. The foregoing recital is hereby adopted and incorporated into and made a part of this Ordinance as if fully set forth herein. Section 2. Section 5.44.100, License -Revocation or suspension, of the Buffalo Grove Municipal Code is hereby amended to read as follows: 5.44.100 License — Revocation or suspension A. Any suspension or revocation of massage establishment license shall be pursuant to the suspension, revocation and appeal procedures set forth in Chapter 1.12 of this Code. B. When any massage establishment license is revoked under Section 1.12.030(A)(1), (3),(6), (7), or (9), no license shall be granted to any person for twenty-four (24) months following the revocation for the conduct of a massage establishment in the premises described in the revoked license. Section 3. 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 4. 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. Packet Pg. 211 10.1.a AYES: NAYES: ABSENT: PASSED: , 2017 APPROVED: , 2017 PUBLISHED: ATTEST: Janet Sirabian, Village Clerk #682756 2017 APPROVED: Beverly Sussman, Village President Packet Pg. 212 Action Item : Award of Bid MPI Sewer Lining ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. Staff is recommending contracting with Hoerr Construction, Inc., for up to 5,308 linear feet of sanitary sewer lining for a contract cost not to exceed $474,308.00, as shown on the attached Buffalo Grove MPI Sewer Lining Bid Tab. ATTACHMENTS: • MPI Sewer Lining 2017 (DOCX) • BIDTAB SL MPI 2017(PDF) Trustee Liaison Stein Monday, March 20, 2017 Staff Contact Darren Monico, Public Works Updated: 3/16/2017 4:40 PM Page 1 Packet Pg. 213 11.A.a 1,1 OF �13UFFALO GROVE DATE: March 14, 2017 TO: Dane Bragg, Village Manager FROM: Brett Robinson, Purchasing Manager SUBJECT: Award of Bid Sewer Lining Is The Village of Buffalo Grove, led the MPI bid for sewer lining 2017 for the communities of Arlington Heights, Buffalo Grove, Lincolnshire, Mount Prospect and Rolling Meadows. After a review of the pricing and submittals, staff recommends that the Village Board authorize staff to engage the services of Hoerr Construction, Inc., to perform up to 5,308 linear feet of sanitary sewer lining for the Village of Buffalo Grove. The Village of Buffalo Grove received bids on March 13th, 2017. Staff is recommending contracting with Hoerr Construction, Inc., for up to 5,308 linear feet of sanitary sewer lining for a contract cost not to exceed $474,308.00, as noted on the attached Buffalo Grove MPI Sewer Lining Bid Tab. Page 1 of 1 Packet Pg. 214 (6uiui-1 JOMOS IdW Pig 10 paeMV : 8980 LOZ IdW IS 8d1a18 :;uai a V 0 0 o a o 0 0 0 0 0 0 o (D 0 0 0 0 o a a o tG w o E 3 F 3 � V m } o N N N o J d O Vf U N m W � a H�z � � � � � � � � � � � � � � � o� o o o o o o o o o o o o o o o� o o: V'. 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Executive Session- Section 2(C)(1) of the Illinois Open Meetings Act: the Appointment, Employment, Compensation, Discipline, Performance, or Dismissal of Specific Employees of the Public Body or Legal Counsel for the Public Body, Including Hearing Testimony on a Complaint Lodged Against an Employee of the Public Body or Against Legal Counsel for the Public Body to Determine Its Validity. Trustee Liaison Sussman Monday, March 20, 2017 Staff Contact Dane Bragg, Office of the Village Manager Updated: 3/14/2017 11:26 AM Page 1 Packet Pg. 217