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2019-06-17 - Village Board Regular Meeting - Agenda PacketFifty Raupp Blvd Buffalo Grove, IL 60089-2100 Phone: 847-459-2500 A. Pledge of Allegiance 2. Approval of Minutes A. Village Board - Special Meeting - May 20, 2019 7:29 PM B. Village Board - Regular Meeting - May 20, 2019 7:30 PM C. Village Board - Committee of the Whole - Jun 3, 2019 6:00 PM I Approval of Warrant A. Approval of Warrant #1302 (Trustee Weidenfeld) (Staff Contact: Andrew Brown) 4. Village President's Report A. Northwest Suburban Interfaith Council 5K I Walk (President Sussman) (Staff Contact: Dane Bragg) B. Recognizing the Buffalo Grove Park District's Environmental Action Team's 10Th Anniversary (Trustee Stein) (Staff Contact: Jenny Maltas) 5. Village Manager's Report A. Proclamation Recognizing Scott Anderson's Years of Service (President Sussman) (Staff Contact: Dane Bragg) B. Oath for Police Department's New Officer (Trustee Smith) (Staff Contact: Steven Casstevens) C. Proclamation Recognizing Bike -To -Work Challenge 2019 (Trustee Stein) (Staff Contact: Darren Monico) 6. Special Business 7. Reports from Trustees 8. Consent Agenda All items listed on the Consent Agenda, which are available in this room this evening, are considered to be routine by the Village Board and will be enacted by one motion. There will be no separate discussion of these items unless a Board member or citizen so requests, in which event, the item will be removed from the General Order of Business and considered after all other items of business on the Regular Agenda under New Business. (Attached). A. Authorization to Execute Contract Extensions with Multiple Vendors (Trustee Ottenheimer, Trustee Weidenfeld) (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 second single year contract option with PBS for medical billing services. A fifth and final contract option with Clarke Environmental Mosquito Management, for mosquito abatement services. A fifth and final contract option with Fire Safety Consultants, Inc. for third party plan review services. A second year contract option with American Hoist and Manlift Inc., for elevator maintenance services. B. Authorization to Seek Competitive Proposals and Bids for Projects (Trustee Weidenfeld) (Staff Contact: Brett Robinson) SUMMARY: Staff requests authorization to seek bids and competitive proposals for a limited number of projects. C. Continue the Final Approvals for the Planned Development Amendment Proposed for Northwest Community Hospital Located at 15 S McHenry Rd, 35 S. McHenry Rd and 125 E. Lake Cook Rd (Trustee Johnson) (Staff Contact: Chris Stilling) SUMMARY: MedProperties Group is proposing to redevelop the existing Northwest Community Healthcare property at 15 & 35 S McHenry Road and 125 E Lake Cook Road. Staff and the developer are still working through some details regarding tree preservation. Therefore, they are seeking a continuance to the July 15, 2019 Village Board meeting. D. 0-2019-34 Ordinance Amending Chapter 5.20 - Liquor Controls: New License for Grande Jakes and Name Change for Hanabi Restaurant (President Sussman) (Staff Contact: Julie Dziewior) SUMMARY: A Class B liquor license is reserved for Grande Jakes Fresh Mexican Grill in BG, Inc. at 799 Buffalo Grove Road. This reservation is subject to the applicant completing Village requirements for said license on or before October 7, 2019. The previous Class E liquor license issued to Grande Jakes Fresh Mexican Grill in BG, Inc. at 205 Dundee Road is hereby rescinded. Hanabi, Inc., located at 734 S Buffalo Grove Road is no longer d/b/a Hanabi Japanese Restaurant. Therefore a name change has been included in the Ordinance. E. 0-2019-35 Ordinance Amending Chapter 5.20 - Liquor Controls (President Sussman) (Staff Contact: Julie Dziewior) SUMMARY: A Class B liquor license is reserved for Nacho's Tacos Place, Inc. at 205 Dundee Road. This reservation is subject to the applicant completing Village requirements for said license on or before October 7, 2019. F. 0-2019-36 Ordinance Approving an Amendment to Special Use Ordinance 1996-35, as Amended by Ordinance 2000-53 and Ordinance 2010-42 and Preliminary Plan Approval for the CAFT Property at 851 Krause Drive (Trustee Weidenfeld) (Staff Contact: Chris Stilling) SUMMARY: The Village is seeking an amendment to Ordinance 96-35, as amended, to allow for the construction of a new classroom and training building on the Combined Area Fire Training (CAFT) property at 851 Krause Drive. The Planning & Zoning Commission unanimously recommended approval, subject to the condition in the attached Ordinance. Staff concurs with this recommendation. G. 0-2019-37 An Ordinance Approving a Letter of Agreement Between the Village of Buffalo Grove and the Buffalo Grove Professional Firefighter/Paramedic Association. (Trustee Smith) (Staff Contact: Arthur Malinowski) SUMMARY: Pursuant to the terms set forth in the current collective bargaining agreement between the Village of Buffalo Grove and the Buffalo Grove Professional Firefighter/Paramedic Association, the parties have reached an agreement on the attached Side Letter. This side letter agreement includes amendments to the formula used to determine the members personal contribution amount to the VantageCare Retirement Health Savings (RHS) Program. H. R-2019-18 Vernon Township Intergovernmental Agreement (Trustee Stein) (Staff Contact: Darren Monico) SUMMARY: Vernon Township and the Village are proposing to enter into an Inter - Governmental Agreement (IGA) to address the paving of Garden Court. The Township will be completing the paving work to serve the unincorporated area and they will include garden Court as part of their project. The Village will reimburse the Township for its proportionate share. R-2019-19 Award of Contract- Utility Bill Printing and Mailing (Trustee Weidenfeld) (Staff Contact: Andrew Brown) SUMMARY: Based on the analysis of the proposal documents, financial considerations and overall qualifications of the responding firms, staff recommends that the Village Board authorize staff to execute an agreement with DataProse, LLC, pending review and approval of the final agreement by the Village Attorney. J. R-2019-22 Resolution Relating to Termination of Participation by Elected Officials in the Illinois Municipal Retirement Fund (Trustee Ottenheimer) (Staff Contact: Arthur Malinowski) SUMMARY: The Village of Buffalo Grove passed Resolution number 2001-41, which permitted the Village President, Village Trustees and Village Clerk to participate in the Illinois Municipal Retirement Fund (IMRF) pension program on a voluntary basis. Recently, the duties and responsibilities of these elected positions have changed and no longer require performance of duty for at least one thousand hours per year. Therefore, these no longer qualify for IMRF participation and rescind Resolution number 2001-41 with the passage of the attached Resolution. 9. Ordinances and Resolutions A. R-2019-20 Resolution Authorizing Execution of an Agreement with Exelon and the Village of Buffalo Grove for a Smart Water Pilot Program (Trustee Pike) (Staff Contact: Michael Skibbe) B. R-2019-21 Resolution Authorizing Execution of an Agreement with Cartegraph Systems LLC and the Village of Buffalo Grove for Software Support Services (Trustee Pike) (Staff Contact: Michael Skibbe) C. 0-2019-38 Ordinance Prohibiting the Retail Sale of Dogs and Cats at Pet Stores in the Village of Buffalo Grove (President Sussman) (Staff Contact: Dane Bragg) 10. Unfinished Business 11. New Business 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. 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. 2.A MINUTES OF THE SPECIAL MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE HELD IN THE JEFFREY S. BRAIMAN COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON MONDAY, MAY 20, 2019 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, Stein, Ottenheimer, .-. Weidenfeld, Johnson, and Smith. d Also resent were: Dane Bra Village Manager; Patrick Brankin, Village Attorney; Jennifer Maltas, P Bragg, g g g Y� 3 � Deputy Village Manager; Andrew Brown, Deputy Finance Director; Evan Michel, Management Analyst; Art Malinowski, Director of Human Resources; Katie Golbach, Human Resources Management Analyst; O Brett Robinson, Director of Purchasing; Christopher Stilling, Director of Community Development; Nicole > Woods, Village Planner; Mike Reynolds, Director of Public Works; Bryan Beitzel, Maintenance a Superintendent; Darren Monico, Village Engineer; Geoff Tollefson, Director of Golf Operations; Julie Dziewior, Deputy Clerk; Fire Chief Baker; Deputy Fire Chief Wagner; Police Chief Casstevens; and Q �- Deputy Police Chief Eisenmenger. RESOLUTION NO.2019-17 — CANVASS OF VOTES On behalf of the entire staff of the Village of Buffalo Grove, Mr. Bragg extended sincere appreciation to Trustee Berman for his years of service to our Village, his leadership and his dedication to all things Village related. Mr. Bragg then presented Trustee Berman with his own street sign: Berman's Way. Moved by Ottenheimer, seconded by Johnson, to approve Resolution No 2019-17, accepting the Canvass of Votes from the April 2, 2019 Consolidated Election. Upon roll call, Trustees voted as follows: AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None Motion declared carried. OATHS OF OFFICE Judge Johnson of the Nineteenth Judicial Circuit Court of Lake County noted that he is honored to be in attendance this evening and wished those taking office a successful term in serving their constituents. Judge Johnson then administered the Oath of Office to Village President Beverly Sussman, Village Clerk Janet Sirabian, and Village Trustees Eric Smith, David Weidenfeld and Gregory Pike. QUESTIONS FROM THE AUDIENCE President Sussman reviewed the parameters to be followed by speakers and asked if there were any questions from the audience on items not on tonight's agenda; there were no such questions. ADJOURNMENT Moved by Stein, seconded by Weidenfeld, to adjourn the meeting. Upon roll call, Trustees voted as follows: AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None Packet Pg. 5 2.A Motion declared carried. The meeting was adjourned at 7:45 P.M. Janet M. Sirabian, Village Clerk APPROVED BY ME THIS I Th DAY OF June 2019 Village President Q Packet Pg. 6 2.B MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE HELD IN THE JEFFREY S. BRAIMAN COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON MONDAY, MAY 20, 2019 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 Stein, Ottenheimer, Weidenfeld, Johnson, Smith and Pike. d 3 Also resent were: Dane Bra Village Manager; Patrick Brankin, Village Attorney; Jennifer Maltas, P Bragg, g g g Y� � Deputy Village Manager; Andrew Brown, Deputy Finance Director; Evan Michel, Management Analyst; Art Malinowski, Director of Human Resources; Katie Golbach, Human Resources Management Analyst; O Brett Robinson, Director of Purchasing; Christopher Stilling, Director of Community Development; Nicole > Woods, Village Planner; Mike Reynolds, Director of Public Works; Bryan Beitzel, Maintenance a Superintendent; Darren Monico, Village Engineer; Geoff Tollefson, Director of Golf Operations; Julie C Dziewior, Deputy Clerk; Fire Chief Baker; Deputy Fire Chief Wagner; Police Chief Casstevens; and Deputy Police Chief Eisenmenger. APPROVAL OF MINUTES Moved by Johnson, seconded by Ottenheimer, to approve the minutes of the April 15, 2019 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 4 — Ottenheimer, NAYS: 0 — None ABSTAIN: 2 — Stein, Pike Motion declared carried. Weidenfeld, Johnson, Smith Moved by Ottenheimer, seconded by Smith, to approve the minutes of the May 6, 2019 Committee of the Whole Meeting. It was requested that the minutes be corrected to read as follows: • Under SIGN SHOP SERVICES, the word SERVICES is misspelled. • Under AMBULANCE FEE REVIEW, the following sentence should be added: Trustee Smith requested the Village to compare, not only the rates for Medicare, but the rates from Blue Cross Blue Shield. • Under SIGN SHOP SERVICES, the following sentence should be added: Trustee Stein requested that the Village check to make sure that the warranty for our print materials would not be affected by us selling services. Trustees Ottenheimer and Smith amended the motion to add the requested changes. Upon roll call, Trustees voted as follows on the amended motion: AYES: 4 — Stein, Ottenheimer, Johnson, Smith NAYS: 0 — None ABSTAIN: 2 — Weidenfeld, Pike Motion declared carried. Packet Pg. 7 2.B WARRANT #1301 Mr. Robinson read Warrant #1301. Moved by Weidenfeld, seconded by Johnson, to approve Warrant #1301 in the amount of $4,919,272.99 authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. VILLAGE PRESIDENT'S REPORT President Sussman read a Proclamation recognizing the week of May 18-24, 2019 as National Safe Boating Week and the start of the year-round effort to promote safe boating and urged all those who boat to practice safe boating habits and wear a life jacket at all times while boating. President Sussman announced that, with the departure of Trustee Berman, a new President Pro Tem must be appointed. In accordance with Mr. Brankin's memo to Mr. Bragg, since Trustees Stein and Ottenheimer share equal seniority, they drew lots to determine who shall hold the position. Trustee Ottenheimer will be the President Pro Tem. President Sussman recommended appointments to the Village's Board, Commissions and Committees, as detailed in the attachment to the Village Board Meeting Agenda Item Overview. Moved by Ottenheimer, seconded by Weidenfeld, to concur with President Sussman's appointments. Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. President Sussman recommended assignments for Village Board Member Portfolios, as detailed in the attachment to the Village Board Meeting Agenda Item Overview. President Sussman read a Proclamation commending the Pinta Pride Project for their efforts to present a Pride Parade in Buffalo Grove and the Buffalo Grove Park District for their community event Uniquely Us celebrating all of Buffalo Grove's uniqueness. President Sussman presented the Proclamation to Robin Eisenstat who thanked the Board, that staff and the community for their support. RESOLUTION NO.2019-12 — MARIJUANA Moved by Weidenfeld, seconded by Stein, to pass Resolution No. 2019-12, opposing the legalization of the recreational use of marijuana. Jamie Epstein, sponsor of the Catalyst Group at Stevenson High School, whose mission it is to prevent underage drinking and substance abuse in teens, introduced her students. Several students then provided a PowerPoint presentation showing statistics that indicate legalizing marijuana will have a detrimental effect on teens and society in general. The group urged the Board to pass the proposed resolution opposing the legalization of marijuana. Ms. Epstein stated that their group is presenting to numerous municipalities urging Springfield to put the needs of children before profits and slow this proposal down a bit. Board comments are as follows: Concern about law enforcement issues until there is a reliable method of testing for marijuana use Some of the statistics presented are in contrast to statistics shown elsewhere Q Packet Pg. 8 2.B • The legalization is for those 21 and over, so this technically would not affect teens • If the bill does pass, does the group want Buffalo Grove to opt out • If the bill does pass, Buffalo Grove would still have to enforce the law in Buffalo Grove, but would receive no funding to deal with that enforcement if they opt out • Buffalo Grove representatives were recently in Springfield and lobbied for some of the concerns that are contained in the proposed resolution • The Board needs to look at the best way to represent the entire community • The Village needs to be able to respond quickly to businesses that are not in compliance • The entire Board commended the group for their research and thanked them for taking the time to share that research tonight Ms. Epstein stated that they do not believe that this bill is a "done deal" and they believe that, if the legislature hears negatively from enough municipalities, it will make a difference in whether or not the bill W passes. 3 C A resident noted that marijuana possession is still a Federal crime, and she would only be in favor of it for medical usage. o �a Another resident wished to add a personal perspective to the discussion; he has a family member who is an o addict and commented on the impact on the family when one member becomes addicted; he noted statistics a indicating the percentage of marijuana users that go on to more dangerous drugs; he thanked the Board for C having the courage to put the proposed resolution to oppose marijuana on the agenda. Another resident stated that he has written to his legislators noting his opposition to the legalization of marijuana; he urged the Board to read the intent of the residents of the Village and oppose the legalization of marijuana. A resident stated that he believes this should be put out for public discussion, and he encouraged the Board to table this item for now and open it up for public discussion to really gauge whether or not the residents support or oppose the bill. A resident stated that he believes that the entire United States is going through a serious drug crisis, and he urged the Board to oppose the legalization of marijuana, and to treat the residents of Buffalo Grove as if they were their own family. A resident who lost a child to heroin noted that it did not start with heroin, and whether or not it starts with marijuana, she does not believe that making marijuana more accessible is a responsible action. It was noted that the Village Board will not have another Regular Meeting until mid -June and this issue will be voted on in Springfield before that time, so if the Board does not take action tonight, it will effectively be the same as taking no action at all. Upon roll call, Trustees voted as follows: AYES: 4 — Stein, Ottenheimer, Weidenfeld, President Sussman NAYS: 3 — Johnson, Smith, Pike Motion declared carried. VILLAGE MANAGER'S REPORT Chief Baker reviewed the career of FF/PM Dan Pasquarella, and introduced Forrest Kulwin, Chairman of the Board of Fire & Police Commissioners, who administered the Oath of Office to Lieutenant Pasquarella, after which his mother pinned his badge on and as he was congratulated by the audience and the Board. Packet Pg. 9 2.B Chief Casstevens briefly highlighted the credentials of Masood Kahn. Forrest Kulwin then reviewed the process used to hire police officers, after which he administered the Oath of Office to Officer Masood Kahn. Officer Kahn then had his badge pinned on by Chief Casstevens as he was congratulated and welcomed by the audience and the Board. Mr. Bragg noted that Finance Director Scott Anderson has accepted the position of Village Manager in Barrington, and invited residents to a reception in Mr. Anderson's honor on May 29, 2019 in the Jeffrey S. Braiman Council Chambers. Mr. Monico reviewed the plan for increased Bicycle Path Signage, details of which are contained in his memo to Ms. Maltas of May 15, 2019. Trustee Johnson related details of a bicycle accident that she had last year which led her to request increased signage to educate residents on bicycle path etiquette. W 3 President Sussman noted several events that had taken place in Buffalo Grove over the weekend. REPORTS FROM TRUSTEES O �a Trustee Johnson reported on the American Cancer Society Relay for Life event that will take place on a Saturday, June 15, 2019 from 3:00 to 10:00 P.M. at Twin Groves Jr. High School, and urged residents to C participate, as well as contribute to this cause. Trustee Johnson noted that a Blood Drive will be held at the Alcott Center on June 1, 2019, and she urged residents to take part in this life-saving event. 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. Proclamation — Public Works Week Motion to approve a Proclamation recognizing May 19-25, 2019 as National Public Works week. Proclamation — Building Safety Month Motion to approve a Proclamation recognizing the month of May as Building Safety Month. Proclamation — National Emergency Medical Services Week Motion to approve a Proclamation May 19-25, 2019 as National Emergency Medical Services Week. PUSH Wellness Solutions Motion to authorize the Village Manager to execute an Agreement with PUSH Wellness Solutions, Inc. Invest in Cook County Grant Motion to approve an Inter -Governmental Agreement with Cook County for an Invest in Cook County Grant. Motion to approve Buffalo Grove Days Sound and Lighting Change Order. Buffalo Grove Days Packet Pg. 10 2.B Spyder Entertainment Motion to approve a Class A Liquor License for Spyder Entertainment, Inc. D/B/A Traktir the 12 Chairs. Resolution No. 2019-13 — SWANCC Motion to pass Resolution No. 2019-13, appointing a Director and Alternate Director to the Solid Waste Agency of Northern Cook County. Resolution No. 2019-14 — 2019 Pav RanLyes Motion to pass Resolution No. 2019-14, approving the Revised 2019 Pay Ranges. d Ordinance No. 2019-28 — Tomatillo Taco -Ville 2 3 c Motion to pass Ordinance No. 2019-28, amending Chapter 5.20 - Liquor Controls Class B — Tomatillo 4- Taco -Ville 2 LLC. �a Ordinance No. 2019-29 — MOD Pizza & Original Bagel & Bialy a a Motion to pass Ordinance No. 2019-29, amending Chapter 5.20 — Liquor Controls: Class E — MOD Pizza Q and Original Bagel & Bialy. 2 Ordinance No. 2019-30 — Prevailing Wages Motion to pass Ordinance No. 2019-30, concerning Prevailing Wages. Ordinance No. 2019-31— Traffic Ordinance Motion to pass Ordinance No. 2019-31, amendment to the Traffic Ordinance. Ordinance No. 2019-32 — Surplus Property Motion to pass Ordinance No. 2019-32, authorizing the Disposal of Surplus Village Personal Property. Moved by Ottenheimer, seconded by Stein, to approve the Consent Agenda. Upon on roll call, Trustees voted as follows to approve the Consent Agenda: AYES: 6— Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. ORDINANCE NO. 2019 -33 — STRATHMORE SQUARE Moved by Smith, seconded by Johnson, to pass Ordinance No. 2019-33, approving a variation for two ground signs for the Strathmore Square Shopping Center subject to the proposed ground signs being installed in accordance with the documents and plans submitted as part of this petition. Mr. Stilling reviewed the proposed ordinance, details of which are contained in his memo to the Board of June 16, 2019. Upon roll call, Trustees voted as follows: AYES: 6— Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Packet Pg. 11 2.B Motion declared carried. RESOLUTION NO. 2019-15 — VILLAGE TREASURER Moved by Weidenfeld, seconded by Smith, to pass Resolution No. 2019-15, appointing Andrew Brown as Village Treasurer. Upon roll call, Trustees voted as follows: AYES: 6— Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. RESOLUTION NO. 2019-16 — BUFFALO GROVE BANK & TRUST Moved by Weidenfeld, seconded by Ottenheimer, to pass Resolution No. 2019-16, award of contract to Buffalo Grove Bank & Trust for banking services pending review and approval of the agreement by the Village Attorney. Trustee Pike recused himself from this discussion and vote. Mr. Robinson reviewed the proposed resolution, details of which are contained in the memo that he and Mr. Brown sent to Mr. Bragg on May 15, 2019. Upon roll call, Trustees voted as follows: AYES: 5 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None RECUSED: 1 - Pike Motion declared carried. INTERGOVERNMENTAL AGREEMENT Moved by Pike, seconded by Smith, to approve an Intergovernmental Agreement with the Village of Lincolnshire. Mr. Reynolds reviewed the proposed agreement which is the installation of an emergency water supply interconnect. This project will be paid for by the Village of Lincolnshire and will provide water supply capabilities for both Villages on an emergency basis. Upon roll call, Trustees voted as follows: AYES: 6— Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. UNIVERSITY DRIVE Moved by Stein, seconded by Pike, for Award of Design/Construction Management Contract University Drive improvement project in the amount of $90,820.00 for the force main, water main and roadway to Bollinger Lach & Associates, subject to Village Attorney review. Mr. Monico reviewed this project, details of which are contained in his memo of May 13, 2019 to Ms. Maltas. The correct dollar amount is $155,076.40. Trustees Stein and Pike amended the motion to reflect the corrected dollar amount of $155,076.40, and also to change the name to BLA, Inc. d 3 c 0 �a 0 a a Q Packet Pg. 12 2.B Upon roll call, Trustees voted as follows on the amended motion: AYES: 6— Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. REPLACEMENT VEHICLE Moved by Smith, seconded by Johnson, to authorize purchase of a replacement vehicle through the Suburban Purchasing Cooperative Program in accordance with the Illinois Governmental Joint Purchasing Act in an amount not to exceed $34,181.00. Mr. Robinson reviewed the proposal, details of which are contained in Mr. Whalen's memo to him of May 16, 2019. ayi 3 Upon roll call, Trustees voted as follows: AYES: 6— Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike o NAYS: 0 — None cd Motion declared carried. 0 a a REPLACEMENT VEHICLE Q Moved by Pike, seconded by Johnson, to authorize purchase of a replacement vehicle to be acquired through Sourcewell (formerly NJPA) joint purchasing program in accordance with the Illinois Governmental Joint Purchasing Act in a total not to exceed amount of $108,964.00. This vehicle will be funded through the vehicle reserve. Mr. Robinson reviewed the proposal, details of which are contained in Mr. Whalen's memo to him of May 16, 2019. Upon roll call, Trustees voted as follows: AYES: 6— Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. REPLACEMENT VEHICLE Moved by Pike, seconded by Ottenheimer, to authorize purchase of a replacement vehicle through the Suburban Purchasing Cooperative in accordance with the Illinois Governmental Joint Purchasing Act in a total not to exceed amount of $32,636.00. This vehicle will be funded through the vehicle reserve. Mr. Robinson reviewed the proposal, details of which are contained in Mr. Whalen's memo to him of May 16, 2019. Upon roll call, Trustees voted as follows: AYES: 6— Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. QUESTIONS FROM THE AUDIENCE President Sussman reviewed the parameters to be followed by speakers and asked if there were any questions from the audience on items not on tonight's agenda. Packet Pg. 13 2.B Kathryn Hedlund, a resident, spoke to commend and thank Buffalo Grove's Emergency Medical First Responders for their care and concern and professionalism when she called 9-1-1, and stated that she could not have asked for better care during her emergency situation. EXECUTIVE SESSION Moved by Pike, seconded by Stein, to move to Executive Session pursuant to pursuant to Section 2(C)(5) of the Illinois Open Meetings Act: the Purchase or Lease of Real Property for the use of the Public Body, including meetings held for the purpose of discussing whether a particular parcel should be acquired, and Section 2(C)(21) of the Illinois Open Meetings Act: Discussion of Minutes of Meetings lawfully closed under this Act, whether for purposes of approval by the Body of the Minutes or Semi - Annual Review of the Minutes as mandated by Section 2.06. Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. The Board moved to Executive Session from 9:49 P.M. until 10:21 P.M. ADJOURNMENT Moved by Stein, seconded by Weidenfeld, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 10:22 P.M. APPROVED BY ME THIS Village President Janet M. Sirabian, Village Clerk DAY OF June 2019 Q Packet Pg. 14 2.0 MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE HELD IN THE JEFFREY S. BRAIMAN COUNCIL CHAMBERS, VILLAGE HALL, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON MONDAY, JUNE 3, 2019 CALL TO ORDER President Sussman called the meeting to order at 6:00 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Sussman; Trustees Stein, Ottenheimer, Weidenfeld, Johnson, y Smith and Pike. c Also present were: Dane Bragg, Village Manager; Patrick Brankin, Village Attorney; Jenny Maltas, Deputy Village Manager; Andrew Brown, Deputy Finance Director; Art Malinowski, Director of Human Resources; 0 Katie Golbach, Human Resources Management Analyst; Evan Michel, Management Analyst; Chris Stilling, Deputy Village Manager; Nicole Woods, Deputy Director of Community Development; Rati Akash, Village 0 Planner; Darren Monico, Village Engineer; Mike Reynolds, Director of Public Works; Mike Skibbe, Deputy Q- a Director of Public Works; Dave Haisma, Public Works; Geoff Tollefson, Director of Golf Operations; Police Q Chief Casstevens; and Deputy Fire Chief Wagner. s EXELON SMART WATER PILOT PROGRAM Mr. Skibbe reviewed the proposed program, details of which are contained in his memo of May 28, 2019 to Mr Bragg, after which he introduced Pat Graves and Lev Goldberg from Exelon. Mr. Graves then presented a potential public -private partnership opportunity to apply their smart water pilot program to the Buffalo Grove water system. The program would include installation of additional sensors within the water system and use monitoring and predictive analysis to help eliminate lost revenue from water loss. Both gentlemen and staff then answered questions from the Board. WATER & SEWER SYSTEM STUDY Mr. Reynolds reviewed the water system study findings and recommendations, details of which are contained in his memo to Ms. Maltas of May 29, 2019, A representative from Strand Associates presented a slide overview of the study and answered questions from the Board. REGULATION OF SALE OF PETS Representatives from the Best Friends Animal Society of Illinois and the Illinois Pet Lovers Association presented their views on a proposed continuation of the current ordinance extending a moratorium on retail sale of dogs and cats at pet stores in Buffalo Grove. Denice Bocek, a resident, made a presentation to the Board urging the continuation of the ban on the retail sale of dogs and cats at pet stores, noting that reputable breeders have an interest to ensure that breeding is done responsibly, and she does not believe that is the case when animals are "mass produced". Further information may be found in the letter dated May 22, 2019 that the Best Friends Animal Society sent to the Board. A representative of the Illinois Pet Lovers Association opposed the ban citing several reasons that they believe that the justifications for the proposed ordinance are based more on misinformation than on fact, details of which are contained in the letter that the group sent to the Board of May 24, 2019. Packet Pg. 15 2.0 Several speakers presented positions both for and against the proposed ban. Lengthy discussion ensued, and it was noted that, since there are currently no pet stores in Buffalo Grove, this does not affect any existing business. GOLF COURSE BUSINESS ANALYSIS Mr. Bragg introduced the business case scenarios to continue, discontinue or modify the golf operations in the Village of Buffalo Grove, noting that the intent of the financial report is to assess the financial performance of each golf course separately over the next ten years and gauge the future financial operation and impacts. Mr. Brown reviewed the financial aspects of all scenarios, which are attached to his memo to the Board of May 30, 2019. y d 3 Lengthy discussion ensued regarding all three of the business case scenarios, with Mr. Brown and Mr. Tollefson answering questions from the Board. w 0 STORMWATER PROFORMA 0 5- Mr. Reynolds reviewed an update on the status of the Stormwater Utility Fund, and provided a discussion of Q- a the fund and long-term challenges and financial implications, details of which are contained in his memo to Q Ms. Maltas of May 28, 2019. s FV2020-2024 FINANCIAL FORECAST Mr. Brown reviewed the General Fund Five -Year Financial Forecast for FY 2020-2024, details of which are contained in his memo to the Board of May 30, 2019. This forecast takes a forward look at the Village's General Fund revenues and expenditures. The primary objective of the forecast is to provide the Village Board with an early financial assessment and identify significant issues that should be addressed. PERMIT FEES Mrs. Woods and Ms. Akash reviewed the Permit Process Evaluation and Plan that identifies a variety of action steps to improve the efficiency of the building permit, review, and inspection processes. Staff is focusing on streamlining building permit fees and would like feedback from the Board on the proposed goals and methodology for streamlining and standardizing a future building permit fee structure. Further details may be found in Mrs. Woods memo to the Board of May 30, 2019. WEBSITE PHASE II & III UPDATE Mr. Michel presented a slide review of the Website Phase 11 & 11 Update, details of which are contained in his memo to the Board of May 17, 2019. FEMA TRAINING Deputy Chief Wagner presented a brief overview of the upcoming FEMA training and Village EOC exercise scheduled for June 17-20, 2019. QUESTIONS FROM THE AUDIENCE President Sussman reviewed the parameters to be followed by speakers and asked if there were any questions from the audience on items not on tonight's agenda; there were no such questions. ADJOURNMENT Packet Pg. 16 2.0 Moved by Johnson, seconded by Stein, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 9:41 P.M. Janet M. Sirabian, Village Clerk APPROVED BY ME THIS 17th DAY OF June 2019 Village President Q Packet Pg. 17 3.A Action Item : Approval of Warrant #1302 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Staff recommends approval. TOTAL WARRANT #1302 $5,593,243.60. ATTACHMENTS: • W#1302 SUMMARY (PDF) Trustee Liaison Weidenfeld Monday, June 17, 2019 Staff Contact Andrew Brown, Finance Updated: 6/12/2019 1:31 PM Page 1 Packet Pg. 18 3.A.a VILLAGE OF BUFFALO GROVE WARRANT #1302 17-Jun-19 General Fund: 886,453.66 Parking Lot Fund: 105.87 Motor Fuel Tax Fund: 0.00 Debt Service Fund: 165,559.38 School & Park Donations 0.00 Capital Projects -Facilities: 11,472.00 Capital Projects -Streets: 286,514.74 Health Insurance Fund: 0.00 Facilities Development Debt Service Fund: 0.00 Retiree Health Savings (RHS): 90,604.52 Water Fund: 1,577,523.54 Buffalo Grove Golf Fund: 95,846.75 Arboretum Golf Fund: 163,710.47 Refuse Service Fund: 63,502.34 Information Technology Internal Service Fund: 1035920.05 Central Garage Internal Service Fund: 68,850.95 Building Maintenance Internal Service Fund: 90,758.78 3,604,823.05 PAYROLL PERIOD ENDING 05/30/19 975,048.00 PAYROLL PERIOD ENDING 06/13/19 1,013,372.55 1,988,420.55 TOTAL WARRANT #1302 5,593,243.60 APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Village Clerk Village President Packet Pg. 19 4.A Information Item : Northwest Suburban Interfaith Council 5K I Walk ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Richard Rosen from the Northwest Suburban Interfaith Council will provide an overview of their upcoming I Walk 5k which benefits hungry families in the community on June 23, 2019. Trustee Liaison Sussman Monday, June 17, 2019 Staff Contact Dane Bragg, Office of the Village Manager Updated: 6/11/2019 11:31 AM Page 1 Packet Pg. 20 4.B Information Item : Recognizing the Buffalo Grove Park District's Environmental Action Team's 10Th Anniversary ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends approval. A proclamation recognizing the Buffalo Grove Park District's Environmental Action Team's 10Th Anniversary. ATTACHMENTS: • BG Park District's Environmental Action Team 10th Anniv (DOC) Trustee Liaison Staff Contact Stein Jenny Maltas, Office of the Village Manager Monday, June 17, 2019 Updated: 6/11/2019 2:27 PM Page 1 Packet Pg. 21 4.B.a Village of Buffalo Grove Recognizing The Buffalo Grove Park District's Environmental Action Team's 10' Anniversary WHEREAS, The Environmental Action Team (EAT) of Buffalo Grove strives to raise awareness, improve our community's natural environment and encourage sustainability practices for present and future generations; and WHEREAS, the Village of Buffalo Grove is in the center of Chicago Wilderness, an area surprisingly rich in diversity and native species; and WHEREAS, The Buffalo Grove Park District formed the Environmental Action Team ten years ago to improve the local environment through a wide range of activities, such as: ➢ Healthy habitats — EAT sponsors an annual Plant the Park event to establish native trees and plants to restore prairies, woods and wetlands in parks. They organize an exhibit and a series of events at the Raupp Museum to honor the natural heritage and surviving prairie remnants. ➢ Green Fair - The Green Fair has been running each June for 6 years. It features educational booths and opportunities to recycle a wide variety of household items. More than 300 bicycles have been donated to Working Bikes Cooperative at this event. ➢ Recycling — EAT brought recycling to BG Days and organized the first electronic recycling event in 2009, and staff the annual recycling event in conjunction with the Village and SWANCC. ➢ Energy use — EAT promotes alternative energy and works with the Village to implement the electrical aggregation program that purchased 100% green energy for Village residents for 3 years. ➢ Transportation - Members serve on the Village bicycle commission. ➢ Clean water - Members founded the Buffalo Creek Clean Water Partnership and conduct annual water quality assessments in Buffalo Creek. ➢ Clean roadways and parks - Formed an Adopt -A -Highway team and organizes annual stream cleanups along Farrington Ditch. ➢ Monarch butterflies - Members enrolled Buffalo Grove in the Mayor's Monarch Pledge and pass out milkweed seeds at the Farmers Market and other local events; and WHEREAS, the Village of Buffalo Grove is committed to a prosperous, equitable, healthy, resilient community now and for future generations; and WHEREAS, this month in particular, we recognize all those who help to conserve our natural environment, and we renew our commitment to act as responsible curators of its many gifts. We encourage everyone to get outdoors to encounter, appreciate, and enjoy the natural splendor of our beautiful village; and NOW THEREFORE, BE IT RESOLVED by that I, Beverly Sussman, President of the Village Buffalo Grove recognize The Buffalo Grove Park District's Environmental Action Team and offer heartfelt congratulations from myself and from all of the Village of Buffalo Grove on ten years of spectacular success. Proclaimed this 17`h day of June, 2019. Beverly Sussman, Village President Packet Pg. 22 5.A Information Item : Proclamation Recognizing Scott Anderson's Years of Service ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends approval. ATTACHMENTS: • Scott D. Anderson Proclamation 6-2019 (DOC) Trustee Liaison Staff Contact Sussman Dane Bragg, Office of the Village Manager Monday, June 17, 2019 Updated: 6/12/2019 9:57 AM Page 1 Packet Pg. 23 S.A.a Village of Buffalo Grove RECOGNIZING SCOTT D. ANDERSON FOR MORE THAN 26 YEARS OF DEDICATED SERVICE TO THE VILLAGE OF BUFFALO GROVE WHEREAS, Scott D. Anderson began his illustrious career with the Village of Buffalo Grove as a police officer in 1992 and shortly thereafter he was promoted to the role of investigator in 1994; and WHEREAS, Scott D. Anderson received numerous awards and commendations while serving with the Buffalo Grove Police Department including the Cook County Sheriff Award of Merit for Outstanding Service and Professionalism in 1999; the Tom Fitzgerald Commendation in 1999; Employee of the 3rd Qtr. 1997; Honorable Mention 1996; as well as Honorable Mention 1995; and WHEREAS, Scott D. Anderson utilized his passion for public finance by becoming the Assistant Finance Director on July 17, 1999, proudly serving in that role until 2006 when he was promoted to Director of Finance and General Services; and WHEREAS, Scott D. Anderson's professional accomplishments in Buffalo Grove included forging cost -sharing arrangements with other local governments; enhancing data -driven financial reporting and transparency; increasing sales -tax revenue through economic incentives and improving customer service operations village wide; as well as maintaining Buffalo Grove's fiscal health and AAA bond rating; and WHEREAS, Scott D. Anderson has diligently worked with staff from all departments of the Village of Buffalo Grove. He has shown over 26 years of professional and courteous service, dedication and loyalty to the Village of Buffalo Grove, its citizens, and all Village Staff, and NOW THEREFORE, BE IT RESOLVED that I, Beverly Sussman, President of the Buffalo Grove, for the Board of Trustees, and on behalf of all of the residents of the Village of Buffalo Grove, do hereby express our sincere appreciation to Scott D. Anderson on this occasion for his service to the Village, its citizens, and Village Staff. Furthermore, I express the Village's gratitude for Mr. Anderson's contributions to the Village and in doing so I extend to him heartfelt appreciation and best wishes for a happy and healthy future. Proclaimed this 17th day of June, 2019. Beverly Sussman, Village President Packet Pg. 24 5.B Information Item : Oath for Police Department's New Officer ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Staff recommends a presentation. The Oath of Office will be delivered by Board of Fire and Police Commissioners' Chairman Kulwin to the Police Department's two newest Police Officers Ryan Kass and Paul Pulkownik. Trustee Liaison Smith Monday, June 17, 2019 Staff Contact Steven Casstevens, Police Updated: 6/10/2019 3:07 PM Page 1 Packet Pg. 25 5.0 Information Item : Proclamation Recognizing Bike -To -Work Challenge 2019 ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends approval. SUMMARY: The Village recognizes the Bike -to -Work Challenge 2019, a two -week competition among Chicagoland companies, public agencies, and non -profits which encourages active transportation. ATTACHMENTS: • B2WC 2019 (DOCX) Trustee Liaison Stein Monday, June 17, 2019 Staff Contact Darren Monico, Public Works Updated: 6/11/2019 4:16 PM Page 1 Packet Pg. 26 S.C.a ��Mumw ��mm�mmo awwwmoa `^,. .mw� mm.Wnmae w JJJfff I'Qyw�KE/'�/�fY/f III. Proclamation Recognizing Bike -to -Work Challenge 2019 WHEREAS, the Bike -to -Work Challenge 2019 will take place between June 14th - 28th; and WHEREAS, millions of Americans will experience the joys of bicycling during the month of June through educational programs, races, commuting events, trail work days, helmet promotion, charity events, or just getting out and going for a ride; and WHEREAS, the League of American Bicyclists, bicycle clubs, schools, parks and recreation departments, police departments, hospitals, companies and civic groups throughout the nation will be promoting bicycling as an environmentally -friendly alternative to motor vehicles as well as an enjoyable leisure activity; and, WHEREAS, creating bicycle -friendly communities has been shown to enhance overall quality of life and boost community spirit, to improve traffic safety, and to reduce pollution and congestion; and, WHEREAS, the Village of Buffalo Grove has an excellent bike path and sidewalk system which is continually enhanced based on suggestions by bicyclists and pedestrians in the community; and, WHEREAS, the Village is committed to planning and implementing further improvements and enhancements to encourage the safe use of the bike path system and to improve connections to trails and paths in adjacent communities. NOW THEREFORE, the Village President and Board of Trustees of the Village of Buffalo Grove encourages everyone in the Village of Buffalo Grove to participate in the Bike -to -Work Challenge 2019. Proclaimed this 17th day of June, 2019. Beverly Sussman Village President Packet Pg. 27 8.A 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 second single year contract option with PBS for medical billing services. A fifth and final contract option with Clarke Environmental Mosquito Management, for mosquito abatement services. A fifth and final contract option with Fire Safety Consultants, Inc. for third party plan review services. A second year contract option with American Hoist and Manlift Inc., for elevator maintenance services. ATTACHMENTS: • Contract Extensions Summer 2019 (DOCX) Trustee Liaison Staff Contact Ottenheimer, Weidenfeld Brett Robinson, Finance Monday, June 17, 2019 Updated: 6/10/2019 5:17 PM Page 1 Packet Pg. 28 8.A.a j G,G BUITALO GROVE DATE: June 10, 2019 TO: Dane Bragg, Village Manager FROM: Brett Robinson, Purchasing Manager RE: Proposed Contract Extensions Staff is proposing the following recommendations for contract extensions: Is 1. Staff recommends that the Village President and Board of Trustees authorize staff to execute the second contract option with Paramedic Billing Services ("PBS"), for Ambulance and Fire Billing Services to cover the period from September 22, 2019 to September 21, 2020. PBS accepts 5% for payments collected and this amount is not projected to change during this contract period. 2. Staff recommends that the Village President and Board of Trustees authorize staff to execute the fifth and final year contract option with Fire Safety Consultants, Inc. for third party plan review services to cover the period up to October 3, 2020. 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. 3. Staff recommends that the Village President and Board of Trustees authorize staff to execute the fifth year and final contract option with Clarke Environmental Mosquito Management, Inc., for Mosquito Abatement Operations to cover the period from November 2, 2019 to November 2, 2020. A price increase not to exceed 1.5% is expected and the base contract amount is set at a not to exceed amount of $52,185. 4. Staff recommends that the Village President and Board of Trustees authorize staff to execute the second year contract option with American Hoist and Manlift Inc., for elevator maintenance services to cover the period from August 20, 2019 to August 20, 2020. A price increase not to exceed 2% is expected and the base contract amount is set at a not to exceed amount of $8,600. The performance of each of the above listed contractors has been reviewed with staff. Based on our findings, each of the above listed contractors has either met or exceeded the expectations of the contract. Therefore, staff is recommending that each contract be extended. The proposed action is consistent with our past practices. Page 1 of 1 Packet Pg. 29 8.B Action Item : Authorization to Seek Competitive Proposals and Bids for Projects ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends approval. SUMMARY: Staff requests authorization to seek bids and competitive proposals for a limited number of projects. ATTACHMENTS: • Auth to bid June 2019 memo (DOCX) Trustee Liaison W eidenfeld Monday, June 17, 2019 Staff Contact Brett Robinson, Finance Updated: 6/10/2019 2:53 PM Page 1 Packet Pg. 30 8.B.a G,G BUITALO GROVE DATE: June 10, 2019 TO: Dane Bragg, Village Manager FROM: Brett Robinson, Purchasing Manager RE: Authorization to Bid additional Projects for FY2019 Background Is The following projects are part of the CIP program and are planned to be procured in the second half of Fiscal Year 2019, as such staff would request the Village Board provide Authorization to Bid for each of these projects. Each Bid document will be reviewed by the Village Attorney prior to release and each listed project will be brought back before the Village Board with a request for an award of contract/award of agreement. Recommendation Staff requests Authorization to Bid or seek Competitive Proposals for the below listed 2019 fiscal year projects Projects / Procurements Project Start Date Project Completion Date Public Works Facility Painting (Interior) 7/11/2019 10/20/2019 Watermain Zone Metering TBD TBD Information Technology Wide Area Network Repairs/Tower Repairs 9/30/2019 12/31/2019 IT Services (Consortium) 7/30/2019 12/31/2020 Security Camera and Access Control Maintenance 8/15/2019 12/31/2020 Community Development ERP (Enterprise Resource Planning) Software 8/30/2019 1/1/2020 0 N L 0 w N r� d 0 L. a N 0 0 •L ca 0 �a N O Q O L a m B am a E O U m a� O c M N •L 0 z a 0 E d B a) 0 N G1 C 7 O t 7 Q C G1 E s c� Q Page 1 of 1 Packet Pg. 31 8.0 Action Item : Continue the Final Approvals for the Planned Development Amendment Proposed for Northwest Community Hospital Located at 15 S McHenry Rd, 35 S. McHenry Rd and 125 E. Lake Cook Rd ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends that this item be continued to the July 15, 2019 Village Board meeting. SUMMARY: MedProperties Group is proposing to redevelop the existing Northwest Community Healthcare property at 15 & 35 S McHenry Road and 125 E Lake Cook Road. Staff and the developer are still working through some details regarding tree preservation. Therefore, they are seeking a continuance to the July 15, 2019 Village Board meeting. Trustee Liaison Johnson Monday, June 17, 2019 Staff Contact Chris Stilling, Community Development Updated: 6/10/2019 2:55 PM Page 1 Packet Pg. 32 8.D Ordinance No. 0-2019-34 : Ordinance Amending Chapter 5.20 - Liquor Controls: New License for Grande Jakes and Name Change for Hanabi Restaurant ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends approval. SUMMARY: A Class B liquor license is reserved for Grande Jakes Fresh Mexican Grill in BG, Inc. at 799 Buffalo Grove Road. This reservation is subject to the applicant completing Village requirements for said license on or before October 7, 2019. The previous Class E liquor license issued to Grande Jakes Fresh Mexican Grill in BG, Inc. at 205 Dundee Road is hereby rescinded. Hanabi, Inc., located at 734 S Buffalo Grove Road is no longer d/b/a Hanabi Japanese Restaurant. Therefore a name change has been included in the Ordinance. ATTACHMENTS: • Ord Class B & E - Grande Jakes Trustee Liaison Sussman Monday, June 17, 2019 (DOCX) Staff Contact Julie Dziewior, Office of the Village Manager Updated: 6/11/2019 4:06 PM Page 1 Packet Pg. 33 8.D.a Underlined = addition Stfilethfeug6 = deletion 05/30/2019 ORDINANCE NO.2019 - 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 B. of Section 5.20.072 of the Village of Buffalo Grove Municipal Code is hereby amended with deletions in stfiketh-fough and additions in underline text so that Subsection B. of Section 5.20.072 shall provide as follows: Class B. Licensee and d/b/a 1. Spirit Cafe, Inc. d/b/a Versailles Restaurant 2. Taste of Tokyo, Inc. 3. Nino's Pizzeria, Inc. 4. Chanprung, LLC d/b/a Fuji Thai 5. Continental Restaurant, Inc. 6. Booming, Inc. d/b/a Yen Yen Chinese & Sushi Restaurant 7. Donato Restaurant Group, Inc. 8. Golden Durebak Restaurant, Inc. 9. Tomatillo Taco -Ville 2 LLC �. i►�M1PODS 1 Address 100 McHenry Road 159 McHenry Road 960 Buffalo Grove Road 1000 Weiland Road 782 S. Buffalo Grove Road 360 Half Day Road 1180 Lake Cook Road 718 Buffalo Grove Road 1267 Dundee Road FISM09mmof Section 2. Subsection E. of Section 5.20.072 of the Village of Buffalo Grove Municipal Code is hereby amended with deletions in strikethrough and additions in underline text so that Subsection E. of Section 5.20.072 shall provide as follows: E. Class E. 1 Packet Pg. 34 Licensee and d/b/a Address 8.D.a 1. Hanabi, Inc. Japanese 734 S. Buffalo Grove Road I:.J�ILI,\]UA\w ILA\ffwlfi.MffM]MZ A1=2IJ II\\\fli1�:/\11L:\CAI -32. Pizza Amore, Inc. 808 Milwaukee Avenue 43. MOD Super Fast Pizza, LLC d/b/a MOD Pizza 1555 Deerfield Parkway 5. Abba, Inc. d/b/a Original Bagel & Bialy 105 McHenry Road Section 3. A. A Class B liquor license is reserved for Grande Jakes Fresh Mexican Grill in BG, Inc. at 799 Buffalo Grove Road. This reservation is subject to the applicant completing Village requirements for said license on or before October 7, 2019. The Village Manager shall have the authority to extend the October 7, 2019 date for good cause shown. If not so extended, this reservation shall cease. B. The Class E liquor license issued to Grande Jakes Fresh Mexican Grill in BG, Inc. at 205 Dundee Road is hereby rescinded. C. This Section 3 shall not be codified. Section 4. This Ordinance shall be in full force and in effect from and after its passage and approval. AYES: NAYS: ABSENT: PASSED: , 2019 APPROVED: .2019 ATTEST: Janet M. Sirabian, Village Clerk Beverly Sussman, Village President 2 Packet Pg. 35 8.E Ordinance No. 0-2019-35 : Ordinance Amending Chapter 5.20 - Liquor Controls ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends approval. SUMMARY: A Class B liquor license is reserved for Nacho's Tacos Place, Inc. at 205 Dundee Road. This reservation is subject to the applicant completing Village requirements for said license on or before October 7, 2019. ATTACHMENTS: • Ord Class B - Nacho's Tacos Place Trustee Liaison Sussman Monday, June 17, 2019 (DOCX) Staff Contact Julie Dziewior, Office of the Village Manager Updated: 6/11/2019 2:22 PM Page 1 Packet Pg. 36 8.E.a Underlined = addition Stfilethfeug6 = deletion 05/30/2019 ORDINANCE NO.2019 - 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 B. of Section 5.20.072 of the Village of Buffalo Grove Municipal Code is hereby amended with deletions in stfiketh-fough and additions in underline text so that Subsection B. of Section 5.20.072 shall provide as follows: Class B. Licensee and d/b/a 1. Spirit Cafe, Inc. d/b/a Versailles Restaurant 2. Taste of Tokyo, Inc. 3. Nino's Pizzeria, Inc. 4. Chanprung, LLC d/b/a Fuji Thai 5. Continental Restaurant, Inc. 6. Booming, Inc. d/b/a Yen Yen Chinese & Sushi Restaurant 7. Donato Restaurant Group, Inc. 8. Golden Durebak Restaurant, Inc. 9. Tomatillo Taco -Ville 2 LLC 10. Grande Jakes Fresh Mexican Grill in BG, Inc. Address 100 McHenry Road 159 McHenry Road 960 Buffalo Grove Road 1000 Weiland Road 782 S. Buffalo Grove Road 360 Half Day Road 1180 Lake Cook Road 718 Buffalo Grove Road 1267 Dundee Road 799 Buffalo Grove Road ��lace, Inc. 205 Dundee Road Section 2. A. A Class B liquor license is reserved for Nacho's Tacos Place, Inc. at 205 Dundee Road. This reservation is subject to the applicant completing Village requirements for said 1 Packet Pg. 37 8.E.a license on or before October 7, 2019. The Village Manager shall have the authority to extend the October 7, 2019 date for good cause shown. If not so extended, this reservation shall cease. B. This Section 2 shall not be codified. Section 4. This Ordinance shall be in full force and in effect from and after its passage and approval. AYES: NAYS: ABSENT: PASSED: 2019 APPROVED: , 2019 Beverly Sussman, Village President ATTEST: Janet M. Sirabian, Village Clerk 2 Packet Pg. 38 8.F Ordinance No. 0-2019-36 : Ordinance Approving an Amendment to Special Use Ordinance 1996-35, as Amended by Ordinance 2000-53 and Ordinance 2010-42 and Preliminary Plan Approval for the CAFT Property at 851 Krause Drive ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action The Planning & Zoning Commission unanimously recommended approval, subject to the condition in the attached Ordinance. Staff concurs with this recommendation. SUMMARY: The Village is seeking an amendment to Ordinance 96-35, as amended, to allow for the construction of a new classroom and training building on the Combined Area Fire Training (CAFT) property at 851 Krause Drive. The Planning & Zoning Commission unanimously recommended approval, subject to the condition in the attached Ordinance. Staff concurs with this recommendation. ATTACHMENTS: • BOT Memo (DOCX) • Ordinance (DOCX) • Exhibit A- Plans (PDF) • Exhibit B PZC Minutes(DOCX) Trustee Liaison W eidenfeld Monday, June 17, 2019 Staff Contact Chris Stilling, Community Development Updated: 6/10/2019 2:54 PM Page 1 Packet Pg. 39 8.F.a VILLAGE OF FFA L0 C T' MEMORANDUM DATE: June 12, 2019 TO: President Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development Is SUBJECT: 851 Krause Drive- Amendment to Special Use Ordinance 1996-35, as amended by Ordinance 2000-53 and Ordinance 2010-42 and Preliminary Plan Approval BACKGROUND In 1996, the Village approved Ordinance 96-35 approving a Combined Area Fire Training (CAFT) facility. The purpose of site is to allow the Village of Buffalo Grove Fire Department, along with other fire agencies, the opportunity to have a fire training facility. Subsequent from the original approvals, the Village approved multiple amendments to the ordinance to allow for the construction of a temporary classroom on the property. That temporary classroom building has since been removed. As a result, the Village is seeking an amendment to allow the construction of a new permanent classroom and training building on the property. Therefore, another amendment to the Ordinance is required. PLANNING & ZONING COMMISSION (PZQ RECOMMENDATION The Planning & Zoning Commission recommended approval of the amendment, subject to the following condition: 1. The proposed development shall conform to the plans attached as part of this petition. Staff concurs with this recommendation. Public Hearing Comments There were no comments from the public concerning this request. PLANNING & ZONING ANALYSIS Zoning History • In 1996, the Village approved Ordinance 96-35 approving a CAFT facility. • In 2000, Ordinance 2000-53 was approved, allowing for the construction of a temporary classroom on the property. The original Ordinance allowed the structure to remain in place for 10-years. • In 2010, the Village Board approved Ordinance 2010-42 which granted a 10-year extension to allow the temporary classroom building to remain on the property. • In 2016, the Village demolished the existing temporary building due to deterioration. Page 1 of 2 Packet Pg. 40 8.F.a Proposed Improvements • The existing CAFT property is 4.58 acres in area. • The Village is seeking approval to construct a new 3,070 square foot one- story permanent training building on the property. • The proposed structure will be located in nearly the same location as the previous temporary building. • The building would be setback from the ROW as follows: o +/- 70' from Deerfield Road o +/- 30' from Krause Drive • As proposed, the structure would meet all the requirements of the Zoning Ordinance. • The Village will be adding one accessible parking space. • The existing portion of the site would remain unchanged. The existing training tower and accompanying equipment would also remain. • As noted, the structure would be one- story in height and contain a large classroom, offices, washrooms and storage bay. • Furthermore, the proposed structure has been designed to operate as a backup fire station, if needed. 3D PERSPECTIVE 1 Y,kE 3D PERSPECTIVE 2 K unlE d ACTION REQUESTED Staff recommends that the Village Board approve an Ordinance granting a Preliminary Plan Approval and an amendment to Special Use Ordinance 1996-35, as amended by Ordinance 2000-53 and Ordinance 2010-42 to allow for the construction of a new building at 851 Krause Drive. Page 2 of 2 Packet Pg. 41 8.F.b ORDINANCE NO. 2019 - XX AN ORDINANCE APPROVING A PRELIMINARY PLAN AND AN AMENDMENT TO SPECIAL USE ORDINANCE 1996-35, AS AMENDED BY ORDINANCE 2000-53 AND ORDINANCE 2010-42 FOR THE COMBINED AREA FIRE TRAINING FACILITY AT 851 KRAUSE DRIVE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the property at 851 Krause Drive ("Property") is zoned in the I Industrial Zoning District; and, WHEREAS, in 1996 the Property was granted a Special Use for a Fire Training Facility; and, WHEREAS, in 2000 and subsequently in 2010, the Property was granted amendments to the Special Use for a temporary classroom building on the Property; and, WHEREAS, the Village of Buffalo grove ("Petitioner"), has submitted a petition to further amend the Ordinance to construct a new 3,070 square foot building at the Property; and, WHEREAS, the Village Planning & Zoning Commission conducted a public hearing on June 5, 2019 concerning the petition for the preliminary plan approval and an amendment to the Special Use; and, WHEREAS, the Planning & Zoning Commission determined that the petition meets the criteria of a Special Use as set forth in the Buffalo Grove Zoning Ordinance and reflected in the minutes attached as Exhibit B; and, WHEREAS, the Planning & Zoning Commission voted 5 to 0 to recommend approval of the preliminary plan approval and an amendment to the Special Use; and, WHEREAS, the President and Village Board of Trustees after due and careful consideration have concluded that the proposed new building is a reasonable use of the Property and will serve the best interests of the Village. WHEREAS, the proposed new building shall be developed in accordance with and pursuant to the following exhibits: EXHIBIT A Plans Packet Pg. 42 8.F.b 2 EXHIBIT B Minutes from the June 5, 2019 Planning & Zoning Commission Meeting NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. This Ordinance is made pursuant to and in accordance with the Village's Zoning Ordinance and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. Section 2. The Corporate Authorities hereby grant a preliminary plan approval and an amendment to Special Use Ordinance 1996-35, as amended by Ordinance 2000-53 and Ordinance 2010- 42 to allow for the construction of a new building at 851 Krause Drive subject to the following condition: 1. The proposed development shall conform to the plans attached as part of this petition. 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. 43 8.F.b EXHIBIT A Plans CAFT Site 851 Krause Drive Packet Pg. 44 8.F.b rd EXHIBIT B Minutes from the June 5, 2019 PZC Meeting CAFT Site 851 Krause Drive Packet Pg. 45 (anu(3 asnea>{ �qq le 6u!p!!ng mON a a0; papuamy se `5�-96'PJO of auampuawy : 9E-660Z-0) sued -V a!9!4x3 quamyoelIV v W H U W d N w W d m M N W H V W d N w W d m M (anu(3 asnea>{ �qq le 6u!p!!ng mON a a0; papuawy se `S�-96'PJO of auawpuawy : 9E-660Z-0) sued -V a!9!4x3 quawyoelIV DV2 -----------------1 n ! ! ! ! �w !! 0 a ¢ z Lu / w of W s o a d n m w z w N a � a I o z p z r J z �z Q w �w 1-1 (aniaa asnea>i 4981e 6ulppE] mON a a0l papuawy se `9�-96'NO al luatupuamy : 9£-660Z-O) sueld -`d llglyx3 :luamgaeily °co LL ti' z ❑ Z SIUNIIII :JAODU UI</8=1118 .tg a °°LOw a Aj-l-lloVJ J3UIJ `NINlVH-L 31JV Y z :°y LLI w w a�INIO NOO �InoUJ o-lv=un8 N ° to �� L i — 1, I s c �a O O I 1 �`^ •h� ' a i �., tom° 3 . .-lam_ a to a j� h 'v o L,Jto I rL c �m>'s c " �z ` ° W ° c °m to �i n o' o V y o E ��yo• U c7 Q° a° 2 10 a-�U 2 q SU E I 'E_— O to m III mmooz I >�2Zn I 1 I u o E c c h o N n, to °� 1 1 h o I z o ci Al � h 1 MIDI o I �° 'o I 1i �o �� DIIIM ho �ry p� " mom i i m � � V1 N , *w f _ 1, 33 ,! { � � _ _ _ _ _ _ _/II_IIIIW!�muuuuuuuuuuuuuMuuuuuuuuuuuuuuuuuuuuummllW!�mNuuuuuuuuuuuuuuuuuuuuuuumuuuuumuuummllluuuuuuuuuuuuuuuuuuuuuuuiNuuuuuuuuuuuuuuuuuu 3Alaa 3snxam (anu(3 asnea>{ �qq le 6u!p!!ng mON a JOI papuawy se `5�-96'PJO of auawpuawy : 9C-660Z-0) sued -V I!9!4x3 quawyoelIV v Will o� Q „011s Eml c _ej>i m kRng mNemPOP eesE # »om _LuP _LuV :9C- eem _ld- m!Llx3 a_ipe m 2 � M a. 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(anu(3 asnea>{ �qq le 6u!p!!ng mON a a0; papuamy se `5�-96'PJO of auampuawy : 9E-660Z-0) sued -V a!9!4x3 quamyoelIV s a Z O J d LL Lij CD (anu(3 asnea>{ �qq le 6u!p!!ng mON a a0; papuamy se `S�-96'PJO of auampuawy : 9E-660Z-0) sued -V a!9!4x3 quamyoelIV z O H J u W M M J O U c (anu(3 asnea>{ �qq le 6u!p!!ng mON a a0; papuamy se `S�-96'PJO of auampuawy : 9E-660Z-0) sued -V a!9!4x3 quamyoelIV M N a O Y u i a o z z O p >c a W J w co J W — WCO — H ui H ui W U a' W U co 06/5/2019 8.F.d 06/5/2019 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON WEDNESDAY, JUNE 5, 2019 Call to Order The meeting was called to order at 7:32 PM by Chairman Frank Cesario Public Hearings/Items For Consideration Consider an Amendment to Special Use Ordinance 1996-35, as Amended by Ordinance 2000-53 and Ordinance 2010-42 and Preliminary Plan Approval (Trustee Weidenfeld) (Staff Contact: Chris Stilling) Deputy Village Manager Chris Stilling and Fire Chief Mike Baker were both present and sworn in. Chris Stilling discussed the proposed development of the CA FTfacility and described the purpose and use of building. He also specified the location of the proposed CAFT facility and the need for an amendment to a previously granted Special Use Ordinance. Commissioner Goldspiel asked how the new proposed building would look. Chis Stilling said the new CAFT Facility would look more residential. Commissioner Goldspiel asked for clarification on the location of the CAFT facility and the colors that would be used on the building. Chis Stilling described the location of the building. He said the colors were not picked out yet. Commissioner Moodhe asked about the shower and the layout of the bathroom as well as the size of the garage. Chief Baker described code requirements for bathrooms and the shower. He mentioned that the garage would not be used very often, but can fit some of their smaller fleet. He said that the CAFT facility would be used very little as a staffing facility. Commissioner Moodhe asked if the building of the CAFT facility would affect the current +; ISO Rating. c Chief Baker said that the building would not affect their ISO Rating. v Commissioner Moodhe asked if it would make more sense to build the building larger N a m now rather than later. Chief Baker discussed the agreement with the several departments who are a part of the x CAFT project. He continued to describe the positives of the new site and the amount of w parking that will now be available to host the different departments for trainings. E Commissioner Goldspiel asked for clarification on the amount of parking at the facility. U Chief Baker said that the parking at the facility is adequate and meets ADA a requirements. Chairperson Cesario asked to explain the change of not having a classroom. Chief Baker advised they have had to cancel training due to station 26 not having enough parking to accommodate. Packet Pg. 54 06/5/2019 8.F.d Chairperson Cesario entered the Village Staff report as Exhibit One. The public hearing was closed at 8:12 PM. Commissioner Weinstein made a motion to grant recommendation of approval to the Village Board for an amendment to Special Use Ordinance 1996-35, as amended by Ordinance 2000-53 and Ordinance 2010-42 to allow for the construction of a new permanent training building subject to the following condition: 1. The proposed development shall conform to the plans attached in Exhibit One as part of this petition. Commissioner Moodhe seconded the motion. Commissioner Moodhe commented on the need and importance of a new CAFT building for the Fire Departments. Commissioner Weinstein noted that the previous building was a temporary structure The new building will be larger and look nicer. RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS] Next: 6/17/2019 7:30 PM MOVER: Mitchell Weinstein, Commissioner SECONDER: Adam Moodhe, Commissioner AYES: Moodhe, Cesario, Goldspiel, Weinstein, Au ABSENT: Matthew Cohn, Zill Khan Regular Meeting Other Matters for Discussion None. Public Comments and Questions None. Adjournment The meeting was adjourned at 8:22 PM Chris Stilling APPROVED BY ME THIS 5th DAY OF June-, 2019 Packet Pg. 55 8.G Ordinance No. 0-2019-37 : An Ordinance Approving a Letter of Agreement Between the Village of Buffalo Grove and the Buffalo Grove Professional Firefighter/Paramedic Association. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends approval SUMMARY: Pursuant to the terms set forth in the current collective bargaining agreement between the Village of Buffalo Grove and the Buffalo Grove Professional Firefighter/Paramedic Association, the parties have reached an agreement on the attached Side Letter. This side letter agreement includes amendments to the formula used to determine the members personal contribution amount to the VantageCare Retirement Health Savings (RHS) Program. ATTACHMENTS: • 2019 Memo RE IAFF Sideletter of Agreement RHS Member Biweekly Contributions (DOCX) • 2019 Fire Union Side Letter of Agreement Ordinance Member RHS Plan Contributions 06 17 2019 (DOC) Trustee Liaison Smith Staff Contact Arthur a Malinowski, Human Resources Monday, June 17, 2019 1 1 Updated: 6/12/2019 10:37 AM Page 1 Packet Pg. 56 III ° °°IIIIIIIIII�°8.G.a VILLAGE OF BUFFALO RwHal MEMORANDUM 0 L Q. Q. TO: Dane C. Bragg, Village Manager Q Jennifer I. Maltas, Deputy Village Manager c William M. Baker, Fire Chief _ L FROM: Arthur A. Malinowski, Human Resources Director 0 ti M DATE: June 12, 2019 c� 0 N RE: Proposed Modifications to VantageCare Retirement Health Savings (RHS) Program for O_ Fire Union Members. y Attached please find the proposed Ordinance which modifies the VantageCare Retirement Health Savings (RHS) Program for Fire Union Members. Pursuant to the terms set forth in the collective bargaining agreement, dated May 1, 2017 - April 30, 2020, between the Village of Buffalo Grove and the Buffalo Grove Professional Firefighter/Paramedic Association, the parties have met and reached agreement on the attached Side Letter of Agreement which modifies Article VII, Section 7.7 - Accrued Sick Leave of the collective bargaining agreement. The proposed side letter amendment provides the following: 1. All members of the bargaining unit with at least one full year of completed service shall have two and one half percent (2.5%) of their base salaries deducted from each of their regular paychecks and deposited into their VantageCare Retirement Health Savings (RHS) Account (#800038) on a biweekly basis. 2. Furthermore, parties agree that the forfeiture provision of Section VIII of the VantageCare Retirement Health Savings (RHS) Program Document as executed by the parties and maintained by ICMA-RC, shall be amended to state that funds on deposit will remain in the Trust to be reallocated on an equal dollar basis among all plan participants with a balance should a plan participant pass away with no qualified beneficiaries, as defined by the plan document. Please note that none of these plan modifications require Village funding. Staff recommends approval of a side letter agreement with the Buffalo Grove Professional Firefighter/Paramedic Association to include amendments to the formula used to determine the members personal contribution amount to the VantageCare Retirement Health Savings (RHS) Program. Packet Pg. 57 8.G.b ORDINANCE NO. 2019- AN ORDINANCE APPROVING A LETTER OF AGREEMENT BETWEEN THE VILLAGE OF BUFFALO GROVE AND THE BUFFALO GROVE PROFFESSIONAL FIREFIGHTER/PARAMEDIC ASSOCIATION WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Provisions of the Constitution of the State of Illinois of 1970; and WHERAS, in accordance with the Illinois Public Labor Relations Act, the Village of Buffalo Grove entered into good faith collective bargaining and has thus reached an agreement with the Buffalo Grove Professional Firefighter/Paramedic Association, Local 3177, IAFF, AFL-CIO, CLC concerning wages, benefits and other terms and conditions of employment for the years so noted within the Side Letter of Agreement dated June 21, 2019. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOISthat: Sectionl. The President and the Board of Trustees hereby accept the terms of the attached Letter of Agreement. Section 2. The Village Manager is authorized to enter into the Letter of Agreement with the Buffalo Grove Professional Firefighter/Paramedic Association, Local 3177, IAFF, AFL-CIO, CLC. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: NAYES: ABSENT: PASSED: 2019. APPROVED: 2019. Village President ATTEST: Village Clerk Packet Pg. 58 8.G.b Side Letter of Agreement Between The Village of Buffalo Grove And The Buffalo Grove Professional Firefighter/Paramedic Association, Local 3177, IAFF. June 21, 2019 Representatives from the Village of Buffalo Grove ("Village") and the Buffalo Grove Professional Firefighter/Paramedic Association ("Union") have met and reached agreement on this Side Letter of Agreement to the Collective Bargaining Agreement ("Agreement") between the parties dated May 1, 2017 through April 30, 2020 which modifies the following sections of the afore referenced Agreement, Supplemental Agreements and Departmental Standard Operating Procedures. Article VII, Section 7.7 — Accrued Sick Leave Effective: July 1, 2019 All members of the bargaining unit with at least one full year of completed service shall have two and one half percent (2.5%) of their base salaries deducted from each of their regular paychecks and deposited into their VantageCare Retirement Health Savings (RHS) Account (#800038) on a biweekly basis. Furthermore, parties agree that that the forfeiture provision of Section Vlll of the VantageCare Retirement Health Savings (RHS) Program Document as executed by the parties and maintained by ICMA-RC, shall be amended to state that funds on deposit will remain in the Trust to be reallocated on an equal dollar basis among all plan participants with a balance should a plan participant pass away with no qualified beneficiaries, as defined by the plan document. This Side Letter of Agreement is executed this For the Village of Buffalo Grove: Dane C. Bragg Village Manager William M. Baker Fire Chief Arthur A. Malinowski, Jr. Director of Human Resources day of June 2019. For IAFF, Local 3177: Michael J. Spiro President, IAFF Local 3177 Lawrence M. Lezon Vice President, IAFF Local 3177 Alfredo A. Caballero Secretary, IAFF Local 3177 u Packet Pg. 59 8.H Resolution No. R-2019-18 : Vernon Township Intergovernmental Agreement ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends approval upon Village Attorney review and approval. SUMMARY: Vernon Township and the Village are proposing to enter into an Inter -Governmental Agreement (IGA) to address the paving of Garden Court. The Township will be completing the paving work to serve the unincorporated area and they will include garden Court as part of their project. The Village will reimburse the Township for its proportionate share. ATTACHMENTS: • Memo Garden Court (DOCX) • Vernon Township IGA Resolution • Exhibit A IGA (DOC) • Garden Court Map (PNG) Trustee Liaison Stein Monday, June 17, 2019 (DOCX) Staff Contact Darren Monico, Public Works Updated: 6/12/2019 9:07 AM Page 1 Packet Pg. 60 8.H.a (LLA.'E OF BUFFALO .LCV' MEMORANDUM DATE: June 12, 2019 TO: Jenny Maltas, Deputy Village Manager FROM: Darren Monico, Village Engineer SUBJECT: Garden Court IGA with Vernon Township a C9 a Garden Court is a road that is under the Village of Buffalo Grove's jurisdiction that serves only Vernon Township residents. The Township Road District is proposing to pave the whole subdivision and require an Inter -governmental Agreement (IGA) to pave Garden Court with their paving program. The Village will reimburse the Township for the work on Garden Court which is estimated at $25,701.15. The road was last paved in 2001 and was publicly bid by the township who is subject to the same state bidding guidelines as the Village. The existing road is in disrepair but was not planned to be included in the Village's road work. The paving cost can be covered with this year's road budget without asking for an increase in budget. The roadwork was designed by Gewalt Hamilton Associates Inc., the same company that the Village routinely hires to design the Village road programs, and the cross section meets Village standards for pavement depth. The road is a rural cross section and similar to the rest of the subdivision it does not have curb and gutter. Overall, staff believes that entering in the IGA with Vernon Township is in the best interest of the Village. Given the size and scope of the Village's portion of the road, it is likely that the Village would have to pay a higher cost to pave the road in the future. Therefore, staff recommends approval. Packet Pg. 61 RESOLUTION 2019- 8.H.b A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN VERNON TOWNSHIP AND THE VILLAGE OF BUFFALO GROVE FOR PAVING SERVICES WHEREAS, the Village of Buffalo is a home rule unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Township publicly bid a road paving program for roads under the Township jurisdiction and for Garden Court, a road that is under the Village of Buffalo Grove jurisdiction; and WHEREAS, pursuant to the bids that were submitted, it is in the best interest of the Village to execute an agreement with Vernon Township. The agreement is attached as Exhibit A. 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 recitals are hereby adopted and incorporated and made a part of this Resolution as if fully set forth herein. SECTION 2. The Village Manager is authorized to execute an agreement with Vernon Township, subject to the review and approval of the Village Attorney. SECTION 3. If any section, paragraph, clause or provision of this Resolution shall be held invalid, the invalidity thereof shall not affect any other provision of this Resolution. SECTION 4. This Resolution shall be in full force and effect from and after its passage and approval AYES: NAYES: ABSENT: _ PASSED: _ APPROVED: ATTEST: Janet Sirabian, Village Clerk 2019 2019 APPROVED: Beverly Sussman, Village President Packet Pg. 62 8.H.c AGREEMENT BETWEEN THE VILLAGE OF BUFFALO GROVE AND THE VERNON TOWNSHIP ROAD DISTRICT FOR THE RESURFACING OF GARDEN COURT THIS AGREEMENT entered into this day of , 2019 by and between the Vernon Township Road District (hereinafter, "the Township") and the Village of Buffalo Grove (hereinafter, "the Village") WITNESSETH.• WHEREAS, Garden Court is within the corporate limits of the Village of Buffalo Grove (hereinafter "the Village") and is adjacent to streets that, are within unincorporated Vernon Township that are within the jurisdiction of the Vernon Township Highway Department (hereinafter, "the Township"); and WHEREAS, both the Village and the Township have planned separate paving projects for their respective portions of the Subject Property; and WHEREAS, due to the manner in which the Village boundaries traverse the highway, the Township and the Village have determined that it would be in the best interests of the Township and the Village to include the Village portion (i.e. Garden Court) of the highway within the Township's paving project and to enter into an Intergovernmental Agreement to engage in a joint construction project to improve Garden Court (hereinafter, "the Joint Paving Project"); and WHEREAS, the Township and the Village are authorized to enter into an Intergovernmental Agreement for the purposes set forth above pursuant to 65 ILCS 511-1-5 and 65 ILCS 5/11-85-2; and WHEREAS, an estimate of costs for the Joint Paving Project which reflects an estimated cost for the repaving of the Village portion of Garden Court to be $ 25,701.15 and said estimate has been reviewed and approved by the Township Highway Commissioner; and NOW, THEREFORE, in mutual consideration of the desire of the Village and the Township to repave the Subject Property in a thorough, consistent and economical manner, the Village and the Township hereby agree as follows: 1. The foregoing recitals are hereby incorporated as if fully set forth herein. 2. The Township has publicly solicited bids for the Joint Paving Project pursuant to bid specifications agreed upon by both the Village Engineer and the Township Highway Commissioner. 74.01 \STORMWAT\00012024 Packet Pg. 63 1 8.H.c 3. The Township and the Village agree to the awarding of the contract for the Joint Paving Project to Schroeder Paving; and said contract shall be entered into by and between Schroeder Paving and the Township. 4. The Village and the Township agree that the Village shall reimburse the Township for the Village's share of the Joint Paving Project, which has been determined as $25,701.15. If the final cost of the Village share of the Joint Paving Project exceeds $25,701.15, the Village shall reimburse the Township for said amount in excess. 5. The Village agrees that within forty-five (45) days of the receipt of an invoice from the Township it shall pay the amount of its obligation under the terms of this Agreement. 6. The parties agree that each shall, at its own cost, provide and maintain during the term of the Agreement general liability insurance. The Village agrees to indemnify, defend and hold the Township, its agents and employees harmless from all claims, causes of action, suits, damages, liabilities, loss, costs and expenses which may arise out of the performance of the services set forth in this Agreement, except to the extent caused by the negligence of the Township, its agents and employees. 7. It is mutually agreed by and between the parties hereto that each party warrants and represents to the other party and agrees that 1) This Agreement is executed by duly authorized agents or officers of such party and that all such agents and officers have executed the same in accordance with the lawful authority vested in them pursuant to all applicable and substantive requirements; 2) This Agreement is binding and valid and will be specifically enforceable against each party; and 3) This Agreement does not violate any presently existing provisions of law nor any applicable order, writ, injunction or decree of any court or government department, commission, board bureau, agency or instrumentality applicable to such party. 8. This Agreement shall be deemed to take effect as of the date on which the duly authorized agents of the last of the parties hereto to execute this Agreement affix their signatures. 9. This Agreement shall be in accordance with the laws of the State of Illinois and enforceable in any court of competent jurisdiction by each of the parties hereto by any appropriate action at law or in equity, including any action to secure the performance of the representations, promises, covenants, agreements and obligations contained herein. 10. It is mutually agreed by and between the parties hereto that this Agreement shall not be construed, in any manner or form, to limit the power or authority of the Village or the Township to maintain, operate, improve, construct, reconstruct, repair, manage, widen or expand the portions of Garden Court within each parties respective jurisdiction. 11. It is mutually agreed by and between the parties hereto that nothing contained in this Agreement is intended or shall be construed as in any manner or form creating or establishing a relationship of co-partners between the parties hereto, or as constituting the Township or the Village (including their respective appointed or elected officials, officers, employees and agents), the agent representative or employee of the other for any purpose or in 74.01 \STORMWAT\00012024 Packet Pg. 64 1 8.H.c any manner, whatsoever. The Village and the Township shall remain independent of one another with respect to all services performed under this Agreement. This Agreement is non- assignable and/or nontransferable. Nothing contained in the Agreement shall be construed to result in a waiver of any immunities. No third party is an intended or implied beneficiary of this Agreement nor is entitled to enforce any provisions hereof. 12. It is mutually agreed by and between the parties hereto that any alterations, amendments, deletions, or waivers of any provision of this Agreement shall be valid only when expressed in writing and duly executed by the parties hereto. 13. This Agreement may be executed in counterparts, and all of said counterparts shall, individually and taken together, constitute this Agreement. 14. It is mutually agreed by and between the parties hereto that the provisions of this Agreement are severable. If any provision, paragraph, section, subdivision, clause, phrase or word of this agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement; which shall remain in full force and effect. VILLAGE OF BUFFALO GROVE ATTEST: Clerk VERNON TOWNSHIP HIGHWAY DEPARTMENT ATTEST: Clerk 74.01 \STORMWAT\00012024 Packet Pg. 65 1 G Ivol d,gm'10l uouaan 84-6LOZ-M, dory unoo uapaeq :,uam"3opv - i ) a i 11('44 8.1 Resolution No. R-2019-19 : Award of Contract - Utility Bill Printing and Mailing ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval, subject to the final review by the Village Attorney. SUMMARY: Based on the analysis of the proposal documents, financial considerations and overall qualifications of the responding firms, staff recommends that the Village Board authorize staff to execute an agreement with DataProse, LLC, pending review and approval of the final agreement by the Village Attorney. ATTACHMENTS: • Print and Mailing Memo 06-11-2019 (DOCX) • TAB Water Printing Mailing 2019 (PDF) • Utility Bill Printing and Mailing Resolution (DOCX) Trustee Liaison Staff Contact Weidenfeld Andrew Brown, Finance Monday, June 17, 2019 Updated: 6/13/2019 8:11 AM Page 1 Packet Pg. 67 BUFFALO CROVE DATE: June 11, 2019 TO: Andrew Brown, Interim Finance Director FROM: Brett Robinson, Purchasing Manager SUBJECT: Utility Bill Printing and Mailing Background im Staff sought qualified firms to provide proposals for Utility Bill Printing and Mailing services for the Village of Buffalo Grove. Eight proposals were received and reviewed by staff. A tabulation of costs is attached for reference. The lowest priced proposal did not have comparable references and as a result, their proposal was deemed imcomplete. The next lowest proposer (DataProse) provided comparable local references, an online portal for tracking the printing and mailing process, the option for digital bill delivery services, and staff have worked with this firm in the past and have found them to be a good service provider. Final Recommendation Based on the analysis of the proposal documents, financial considerations and overall qualifications of the responding firms, staff recommends that the Village Board authorize staff to execute an agreement with DataProse, LLC, pending review and approval of the final agreement by the Village Attorney. Page 1 of 1 Packet Pg. 68 7 (6uil!eW pue 6uilu!Jd II!8 Al!I!in - i—woo to paemy : W60Z-H) 60Z Buil!eW 6ullulad aaleM 8tll :luamyoelly � O N O M O (D 0 0 0 M O o M� � 9 — y Von E 0 m E O N ZO o o o o o 0 to O E m o� o� c2 � H C E O E U U N x � v 6o 6co 6w000 ro o m o o ao 0 o Ln s3 M EPr oo W N � o O U E _ O E p N O 0 0 0 0 L6 O O O p c N o 0 o cO N� V W M •+9 �p � Eq cp N M s? M � o O m � O O O � a � E VA Q ¢ Y O M O m O m O O o CD 7 (D o 0 o o� om oco oM ooea O t0 m 0 N V � E N N a ¢ � m U C E L N N o O o 0 0 0 0 0 0 0 o O o 0 o o p o o o o O O �p cf N 0 N LQ N N � o m a m m m o b3 r o K m m n 9 y m m o � - - a Q m E s } } Z U o N o N o N a o g o 6 o 6 o 6 m o o O 66 o N a W 6 o 0 o m o t+1 m � o Z = M O � ❑ n N N U Q m O } } } o N N � E ib d m P O Ol y U U U 0 L O s a` a o m m v y o c a a > n E O IL in w U O w a (n 5 r RESOLUTION 2019- A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DATAPROSE LLC AND THE VILLAGE OF BUFFALO GROVE FOR UTILITY BILLING — PRINTING AND MAILING SERVICES WHEREAS, the Village of Buffalo is a home rule unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village sought proposals from qualified firms for Utility Billing Printing and Mailing Services for the Village; and WHEREAS, pursuant to the proposals that were submitted, it is in the best interest of the Village to execute an agreement with DataProse LLC. 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 recitals are hereby adopted and incorporated and made a part of this Resolution as if fully set forth herein. SECTION 2. The Village Manager is authorized to execute an agreement with DataProse LLC, subject to the review and approval of the Village Attorney. SECTION 3. If any section, paragraph, clause or provision of this Resolution shall be held invalid, the invalidity thereof shall not affect any other provision of this Resolution. SECTION 4. This Resolution shall be in full force and effect from and after its passage and approval. AYES: NAYES: ABSENT: _ PASSED: _ APPROVED: ATTEST: Janet Sirabian, Village Clerk 2019 2019 APPROVED: Beverly Sussman, Village President Packet Pg. 70 8.J Resolution No. R-2019-22 : Resolution Relating to Termination of Participation by Elected Officials in the Illinois Municipal Retirement Fund ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends approval. SUMMARY: The Village of Buffalo Grove passed Resolution number 2001-41, which permitted the Village President, Village Trustees and Village Clerk to participate in the Illinois Municipal Retirement Fund (IMRF) pension program on a voluntary basis. Recently, the duties and responsibilities of these elected positions have changed and no longer require performance of duty for at least one thousand hours per year. Therefore, these no longer qualify for IMRF participation and rescind Resolution number 2001-41 with the passage of the attached Resolution. ATTACHMENTS: Board Memo (DOCX) • 2019 IMRF Form 664T 06 17 2019 Trustee Liaison Ottenheimer (PDF) Staff Contact Arthur a Malinowski, Human Resources Monday, June 17, 2019 1 1 Updated: 6/13/2019 10:49 AM Page 1 Packet Pg. 71 8.J.a BUFFALO CROVE DATE: TO: FROM: SUBJECT: June 13, 2019 Dane Bragg, Village Manger Arthur A. Malinowski, Human Resources Director im Resolution Relating to Termination of Participation by Elected Officials in the Illinois Municipal Retirement Fund On October 15, 2001, the Corporate Authorities of the Village of Buffalo Grove passed Resolution number 2001-41. This Resolution, permitted the Village President, Village Trustees and Village Clerk to participate in the Illinois Municipal Retirement Fund (IMRF) pension program on a voluntary basis. This Resolution was retroactive to April 1, 1975, At the time of the passage of this Resolution, the Corporate Authorities determined that the elected positions of Village President, Village Trustees and Village Clerk required performance of duty for at least one thousand hours per year. Recently, the duties and responsibilities of these elected positions have changed and no longer require performance of duty for at least one thousand hours per year. Therefore, the Corporate Authorities of the Village of Buffalo Grove find that the positions of Village President, Village Trustees and Village Clerk no longer qualify for IMRF participation and rescind Resolution number 2001-41 with the passage of the attached Resolution. Packet Pg. 72 8.J.b A RESOLUTION RELATING TO TERMINATION OF PARTICIPATION BY ELECTED OFFICIALS IN THE ILLINOIS MUNICIPAL RETIREMENT FUN[ IMRF Form 6.64T (03/12) PLEASE ENTER Employer IMRF I.D. Number 04821 RESOLUTION Number 2019 - WHEREAS, the Village of Buffalo Grove EMPLOYER NAME is a participant in the Ilinois Municipal Retirement Fund: WHEREAS, elected officials with the Village of Buffalo Grove EMPLOYER NAME may participate in the Illinois Municipal Retirement Fund if they are in positions normally requiring performance of duty for 1,000 hours or more per year; and buu or l,uuu WHEREAS, this governing body can determine what the normal annual hourly requirements of its elected officials are, and should make such determination for the guidance and direction of the Board of Trustees of the Illinois Municipal Retirement Fund; and WHEREAS, this governing body has previously determined that the following elected position required performance of duty for at least 1,000 hours per year: Village President, Village Trustee and Village Clerk ; and 600 or 1,000 ELECTED POSITION WHEREAS, the duties and responsibilities of this position have changed and it no longer requires performance of duty for at least 1,000 hours per year, effective 06/30/2019 600 or 1,000 DATE (MM/DD/YY) NOW THEREFORE BE IT RESOLVED that the Corporate Authorities of the Village of Buffalo Grove EMPLOYER NAME BOARD, COUNCIL, ETC. finds that the position of Village President, Village Trustee and Village no longer qualifies for IMRF participation, as of 06/30/2019 DATE (MM/DD/YY) CERTIFICATION I Janet M. Sirabian the NAME of the Village of Buffalo Grove ELECTED POSITION Village Clerk CLERK OR SECRETARY OF THE BOARD of the County of Cook and Lake EMPLOYER NAME COUNTY State of Illinois, do hereby certify that I am keeper of its books and records and that the foregoing is a true and correct copy of a resolution duly adopted by its and held on the 17th DAY Corporate Authorities BOARD, COUNCIL, ETC. of June 20 19 MONTH YEAR at a meeting duly convened Signature of Clerk or Secretary of the Board IMRF 2211 York Road, Suite 500, Oak Brook Illinois 60523-2337 Employer Only Phone: 1-800-728-7971 Member Services Representatives: 1-800-ASK-IMRF (1-800-275-4673) www.imrf.org IMRF Form 6.64T (03/12) Packet Pg. 73 9.A Resolution No. R-2019-20 : Resolution Authorizing Execution of an Agreement with Exelon and the Village of Buffalo Grove for a Smart Water Pilot Program ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval subject to final review by the Village Attorney. Staff seeks to execute an agreement to enter a public -private partnership with Exelon for a Smart Water Pilot Program that will use predictive data analytics to reduce lost water revenue, with a total 5 year cost paid to Exelon of $245,500. ATTACHMENTS: • 2019-0611 Smart Water Pilot Memo (DOCX) • 2019-0611 Smart Water Resolution (DOCX) Trustee Liaison Staff Contact Pike Michael K Skibbe, Public Works Monday, June 17, 2019 Updated: 6/12/2019 8:25 AM Page 1 Packet Pg. 74 BUFFALO :il„ V MEMORANDUM TO: Dane Bragg, Village Manager FROM: Mike Skibbe, Deputy Public Works Director DATE: June 11, 2019 RE: Exelon Smart Water Pilot Program FJ Since August of 2018, staff has been investigating a public -private partnership opportunity with Exelon related to a Smart Water Pilot Program. The concept was presented at the June 3, 2019 Committee of the Whole meeting and the Village Board directed staff to continue working on an agreement with Exelorate Enterprises, LLC, a subsidiary of Exelon. The final agreement has been drafted, and now includes software licensing language. Staff recommends approval of the agreement pending final review by the Village Attorney. Exelon, with their extensive background in large scale utilities including gas and electric energy supply, is looking to partner with public water utilities in order to provide data monitoring through their Network Operations Center (NOC). Their concept for a Smart Water pilot program includes software capable of machine learning and analysis of large data sets. Buffalo Grove has recently completed a water meter change out program and has more access to water use data than ever before. These meters, in conjunction with existing pump house meters and new system meters, would be ideal information to feed into a software package designed to look for water system anomalies. Through this machine learning, Exelon believes they would be able to reduce lost water revenues by detecting leaks sooner. The software and methodology being proposed has succeeded in countries like Australia and Israel, and would be provided by Exelon through the proposed pilot program here in North America. We feel privileged to be chosen by Exelon to work on this leading edge effort. Staff has worked with Exelon on a cost benefit analysis, as shown in the attached documents. As several new meters would need to be installed to zone the Buffalo Grove system, there is an investment cost. Exelon would share this cost with the Village, in return for access to the data collected, while also providing the software and NOC monitoring 24/7. As Buffalo Grove does not have the staff time available to monitor data of this magnitude, but sees the ultimate value in better system awareness and less lost revenue, the public -private partnership is advantageous for us. Therefore staff recommends approval. 9.A.a 0 0 a. L 3 �a E Cn 0 as 0 N c aD E s U �o a -1- Packet Pg. 75 RESOLUTION 2019- 9.A.b A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH EXELORATE ENTERPRISES, LLC AND THE VILLAGE OF BUFFALO GROVE FOR A SMART WATER PILOT PROGRAM WHEREAS, the Village of Buffalo is a home rule unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village and Exelorate desire to pursue a pilot project to demonstrate and evaluate the value of continuous operational visibility and predictive analytics for drinking water distribution systems; and WHEREAS, it is in the best interest of the Village to execute an agreement with Exelorate Enterprises, LLC. 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 recitals are hereby adopted and incorporated and made a part of this Resolution as if fully set forth herein. SECTION 2. The Village Manager is authorized to execute an agreement with Exelorate Enterprises, LLC, subject to the review and approval of the Village Attorney. SECTION 3. If any section, paragraph, clause or provision of this Resolution shall be held invalid, the invalidity thereof shall not affect any other provision of this Resolution. SECTION 4. This Resolution shall be in full force and effect from and after its passage and approval. AYES: NAYES: ABSENT: _ PASSED: _ APPROVED: ATTEST: Janet Sirabian, Village Clerk 2019 .2019 APPROVED: Beverly Sussman, Village President Packet Pg. 76 9.B Resolution No. R-2019-21 : Resolution Authorizing Execution of an Agreement with Cartegraph Systems LLC and the Village of Buffalo Grove for Software Support Services ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends approval. Staff seeks to execute an agreement to continue software maintenance service for Cartegraph OMS an asset management and workflow software critical to efficient operations of the Public Works Department, at a total three year price not to exceed $183,073.73, pending review and approval by the Village Attorney. ATTACHMENTS: • Board Memo (DOCX) • Cartegraph Resolution(DOCX) PA895, Village of Buffalo Grove, IL, Purchase Agreement ALL 5.14.2019 (PDF) Trustee Liaison Pike Monday, June 17, 2019 Staff Contact Michael K Skibbe, Public Works Updated: 6/12/2019 11:12 AM Page 1 Packet Pg. 77 BUFFALO ("4ROVE MEMORANDUM TO: Jenny Maltas, Deputy Village Manager FROM: Mike Skibbe, Deputy Public Works Director DATE: June 5, 2019 RE: Public Works Asset Management and Work Flow Software FJ Since 2014, Public Works has been utilizing the asset management and work flow software from Cartegraph. Staff is requesting authorization to execute an agreement to continue software maintenance for Cartegraph OMS (Operations Management System) at a total three year price not -to -exceed $183, 073.73. Cartegraph OMS has become critical to the efficient operations of the Public Works Department. It provides: • A system to receive resident requests for assistance, and report back the results of our work • A way to track the 40,000+ yearly tasks accomplished by the department • An accounting of all labor, equipment, and materials used to complete those tasks • An infrastructure for mobile device data collection in the field • A clear reporting of the data collected and awareness for managers to make data driven decisions • A system to automate work flow processes and reduce paperwork and duplicate data entry The ability to automate work flow is one of the more exciting features of this software. For example, the department was able to automate the workflow for daily vehicle check sheets. The traditional paper method, which required multiple managers to look at paper, forward it, and file it, was replaced with a fully digital process and automated routing based on inspection results. The result: Elimination of 13,000 sheets of paper annually and the ability to reassign 34 work days of labor to other, more impactful tasks. The equivalent cost of this work was $20,000. And this is just one example of work flow improvement in the department. With mobile devices in the field, Public Works crews are able to document their work right at the job site, collecting live data on labor, equipment, and materials costs for each job. Tasks are completed both to answer resident requests and for in-house maintenance activities. With 40,000 tasks per year being completed, it is imperative that data entry be simple and quick. It is also important that the data is able to be entered once, and integrated into all functions seamlessly, ultimately rolling into reports that allow managers to make decisions. In 2019, we have been using the reporting and dashboard functionality to improve clarity in the Public Works Weekly Reports. The most recent weekly report is attached for reference, and shows our data in several important formats: 9.B.a -1- Packet Pg. 78 9.B.a • Requests, the phone calls, emaiIs, and other inquiries made to PW, are tracked by data and status. • Tasks, the work done against requests and also scheduled maintenance activities, are tracked by status and date • Specific activities, like Water Main Breaks and 1ULIE utility locating requests, can be tracked by quantity and overall costs, including labor, equipment, and material costs in the overall view • Other activities, like Tree Maintenance, can be displayed by production and average costs of the activity, allowing a section manager to track in-house costs versus contract costs • Goals, or Key Performance Indicators (KPI), can be set for things like Street Sweeping, so that section managers can monitor the pace of a monthly activity • Contract work, such as Street Light Maintenance, can also be tracked by KPI, to be aware of progress • Finally, we can also monitor the work that isn't yet accomplished, bringing an awareness to department needs for staffing or to tasks that are awaiting outside factors to complete such as the spike in resident ordinance violations related to sidewalk clearance inspections in May 2018. With Cartegraph OMS, this work doesn't get lost, it remains visible. Buffalo Grove Public Works is proving that High -Performance Government doesn't have to be an oxymoron. As village resources remain tight, it is imperative that we remain efficient with the resources that are provided, so as not to give up on our residents. Cartegraph OMS helps that efficiency, and honors the tax dollars that we are entrusted to protect. As a result, staff recommends approval of the contract extension. -2- Packet Pg. 79 Public Works Weekly Report June 5, 2019 Requests Rnq MIr IR uwr111Iam d f ,nt A IMy's MIq,nisk C.Aar.wd - ILxA "I D.,y, 1`1. rr 1,nrr (lid. ¢ c't';c1I c ?1 Hequesls Re,cewed by Department Dart 7 Daya Watts 34.62% Fa try and. Grounds '1 T69% Street Mentenance '1 T69% �VNr' Pet "13X8% Building Maintenance T69% Othel 9.23% 9.B.a 1�V y auF�nLo GRovc Tasks rI-ks F"ruQ I'd II._a,^xt 7 I"oa,ya I d, k. 1;:51 ,p[ eC E - fl aO %' Cmys 29075 Z07,a V asks Entered I}y IJe+paiturr eIn9 -G.aEt 7' Days Street Mkalntenance, 34.12% GlG Sewer and 0)ralnage 23.20% Fleet 13A9% Fore,atty and ©rounds 13dJ % 0lter r463% IRVIqU011ri sa IWd by Year Tasks Cr„,r l Iete'I by Yeah' 4,O00 45,(T1 V!'I r 4,000 15,(:Tr 000 06 2,000 15 111 "i,000 J ', Ur, 20'I ti � 0'l l 'Z 0'I0 @'19 !0'I e 20 I I !0'I OS 1'l l9 Requests are inquires received from residents, businesses, and other agencies. Tasks are the work done to accomplish both the requests received and the scheduled maintenance activities of the department. Water Main Breaks WanenJanD,r rl,y,rR n.heRI".Iled,arayRR reL,(L((dk Annual Wailer Main Ri,,aks by fY arhar25 a �R 0'I 0 02 0 Q2 0 ta4 JULIE Utility Locating V illlty Lc m,, R'q u-'ta, Jfihy^ V-,mee Pei*nvned 2 1, rr L w ds Gormphled ,M 11l F II :hm, ll:uy Year 4,000 8,000 ,0 rr3rr 400 3.000 2016 N I I 201d [(1[1, -3- Packet Pg. 80 Tree Maintenance T' - H-111,11 Aleld,91, Cil:M 1'0' T,,narinng A—,gr C.,� S, Re,.—d LaM 7 D.yo, 1'0'. r,mm,md L.J'/ Vny,, 'A 0 .. 7 C 4 .`3 0 C D 3 2 9 %,"') e—, Street Sweeping Road Repairs r0onthly Sherq r,$-,vpnig IIAden (KIPI) Foffiol— hlhod 1[ 'Inil )' Mly" P'AhcrV- h11od IYoraall 4-8 5 7' 44 Curren[ C"oal 0�1 "1 "1 07.69 20 Surfa- Paldhhng LaM Y Daya Sur f-e I'McINng 11 oM W[ Co 15 (-5 (1-3 1 ft, 2019 Street Light Re-lamping Progress 1[ ight NP er 112elaarmlr 114NI Area J: 57.82% 100% 2 (, (r A, Backlogged Request and Tasks by Date lrnckl'regqed R"'PAv"Rr3 Not Y« Glo,q d (Ihy Vaile OD J10 j 2( 17 10 8 2011 0 Jan 0 Feb Mai Apr May 01, June * July 0 Aug * Sept 0 OCI Nov Dec p1.,A1oqqi,d 1fwtV INvrt Y0 Gir,ned (hy Dni,, FnWied) (J)f) 401) 201 sari aorr Toro 0 Jan rell Feb miri, Apr F/ May 0 June G July = Aug Sept 0 Oct 0 NOV 0 DeC T- N O W 0 E 0 C CD E 10 I Packet Pg. 81 1 RESOLUTION 2019- 9.B.b A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CARTEGRAPH SYSTEMS LLC AND THE VILLAGE OF BUFFALO GROVE FOR SOFTWARE SUPPORT SERVICES WHEREAS, the Village of Buffalo is a home rule unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village previously sought proposals from software providers for an asset management and work order software system for the Village; and WHEREAS, the Village selected Cartegraph Systems LLC as the preferred software provider; and WHEREAS, it is in the best interest of the Village to execute an agreement with Cartegraph Systems LLC. 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 recitals are hereby adopted and incorporated and made a part of this Resolution as if fully set forth herein. SECTION 2. The Village Manager is authorized to execute an agreement with Cartegraph Systems LLC, subject to the review and approval of the Village Attorney. SECTION 3. If any section, paragraph, clause or provision of this Resolution shall be held invalid, the invalidity thereof shall not affect any other provision of this Resolution. SECTION 4. This Resolution shall be in full force and effect from and after its passage and approval AYES: NAYES: ABSENT: _ PASSED: _ APPROVED: ATTEST: Janet Sirabian, Village Clerk 2019 .2019 APPROVED: Beverly Sussman, Village President Packet Pg. 82 9.B.c Cartegraph Solutions Agreement Last Modified: 03/28/2018 This Cartegraph Solutions Agreement ("Agreement") is a contract between Cartegraph Systems LLC, a Delaware corporation, having its principal place of business at 3600 Digital Drive, Dubuque, Iowa 52003 ("Cartegraph") and you, or if you represent an entity or other organization, that entity or organization, (in either case, the "Customer"). Cartegraph and Customer may be referred to in this Agreement collectively as the "parties" or individually as a "party." Cartegraph provides certain hosted operations management and asset management solutions (the "Cartegraph Solutions" or "Solutions"). Customer desires to purchase a subscription to access and use certain of the Cartegraph Solutions for Customer's own internal use and operations. N This Agreement sets forth the terms and conditions under which Cartegraph will agree to provide 0) Customer with a subscription to access and use those Solutions specified in written Purchase N Agreements referencing this Agreement entered into by Cartegraph and Customer (each, a "Purchase Agreement") and perform those services specified in each Purchase Agreement (the services provided by Cartegraph under this Agreement, including the services made available through the Solutions, the c "Services"). All access to and use of the Solutions and the performance of all Services are subject to the terms of this Agreement. This Agreement includes any Purchase Agreement entered into by the parties referencing this Agreement and any written Addendum attached to a Purchase Agreement, including descriptions of any Solutions or Services (each, an "Addendum"), all of which are hereby incorporated into and made a part of this Agreement. Unless you later enter into any other Agreement with Cartegraph regarding the Solutions and Services, this Agreement is the complete and exclusive statement of the agreement between the parties and supersedes any proposal or prior agreement, oral or written, and any other communications between the parties, in relation to the subject matter of this Agreement. Terms used in this Agreement will have the definitions given in this Agreement or, if not defined in this Agreement, will have their plain English (US) meaning. PLEASE CAREFULLY READ THIS AGREEMENT. BY ACCEPTING THIS AGREEMENT, THROUGH THE EXECUTION OF A PURCHASE AGREEMENT THAT REFERENCES THIS AGREEMENT, OR BY CLICKING A BOX THAT STATES THAT YOU ACCEPT OR AGREE TO THIS AGREEMENT, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT OR ANY PURCHASE AGREEMENT, CARTEGRAPH IS NOT WILLING TO PROVIDE YOU, AS CUSTOMER, WITH ACCESS TO OR USE OF CARTEGRAPH SOLUTIONS OR SERVICES, AND YOU MUST NOT ACCESS OR USE CARTEGRAPH SOLUTIONS OR SERVICES. IF YOU ACCESS OR USE CARTEGRAPH SOLUTIONS OR SERVICES, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT AND ANY PURCHASE AGREEMENT, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. Packet Pg. 83 9.B.c 1. Term. The term of this Agreement shall begin upon the execution of an initial Purchase Agreement under this Agreement and, unless earlier terminated as permitted herein, shall continue for the period of time specified in that Purchase Agreement ("Initial Term"). The execution of any subsequently added Purchase Agreement under this Agreement shall not extend the Initial Term unless otherwise expressly stated in that Purchase Agreement. Unless otherwise stated in an applicable Purchase Agreement under this Agreement, the Initial Term of this Agreement shall automatically renew for successive additional 1 year renewal periods (each, a "Renewal Term") unless either party provides the other party with written notice of its intent not to renew this Agreement at least 90 days before the end of the Initial Term or any such Renewal Term. 2. Solutions. 2.1 Functionality. The Solutions will include the functionality described in the applicable Purchase Agreement or Addendum for each Solution. Cartegraph may from time to time update, change, or revise the functionality of the d� T Solutions, provided the functionality of the Solutions is not materially decreased from that described in the N applicable Purchase Agreement or Addendum to a Purchase Agreement. W 2.2 Subscription. Subject to the terms and conditions of this Agreement, during the term of this Agreement Cartegraph will provide Customer with a non-exclusive, non -transferable, and non-sublicensable subscription to allow employees and independent contractors of Customer ("Users") to access and use the Solutions, solely for purposes of Customer's own internal use and operations. If Customer has purchased a per -user subscription, as indicated in the applicable Purchase Agreement, only the finite number of subscriptions indicated in each applicable Purchase Agreement have been purchased by Customer and only that finite number of Users may access and use the Solutions at any given time. If Customer has purchased an unlimited subscription, as indicated in the applicable Purchase Agreement, all Users associated with Customer are permitted to access and use the Solutions at any given time. In either case, the subscription applies only to the Users and does not allow access to or use of the Solutions by any affiliated entities or organizations, or any other entity unless approved in advance by Cartegraph in writing. 2.3 Access. Customer may access the Solutions solely through the account established for Customer (an "Account"). Customer will be permitted to establish user identifications and passwords through which individual Users may access the Solutions through Customer's Account ("User IDs"). Each User ID is issued to a specific User and may be used only by that User. Customer will ensure that all information about each User provided to Cartegraph in connection with establishing each User ID is accurate and complete and will maintain that information as accurate and complete throughout the term of this Agreement. Customer is and will remain solely responsible for all use of the Solutions by any User and for compliance by each User with the applicable terms of this Agreement. If Customer authorizes an independent contractor or consultant as a User, in addition to being responsible for such independent contractor's or consultant's actions as a User, Customer shall also require such independent contractor or consultant to agree to terms at least as protective of the Solutions as those contained in this Agreement prior to being granted Packet Pg. 84 9.B.c access to the Solutions. Customer will ensure the security and confidentiality of each User ID and will use commercially reasonable efforts to prevent unauthorized access to or use of the Solutions. Customer will notify Cartegraph promptly of any such unauthorized access or use of the Solutions or if any User ID is lost, stolen, or otherwise compromised. Customer acknowledges that Customer is and will remain fully responsible for all costs, fees, liabilities, or damages incurred through any access to or use of the Solutions through Customer's Account or by any User (whether lawful or unlawful) and that any Services used or transactions facilitated through Customer's Account or under any User ID will be deemed to have been completed by Customer. In no event will Cartegraph be liable for the foregoing obligations or any failure by Customer to fulfill such obligations. 2.4 Restrictions. The Solutions, the software, hardware, databases, and other technology used by or on behalf of L Cartegraph to provide the Solutions (the "Cartegraph Technology"), and their structure, organization, and underlying data, information, and source code, constitute valuable trade secrets of Cartegraph and its a licensors. As a condition to the use of and access to the Solutions, Customer will not, and will not permit any User or other third party to: (a) access or use the Solutions except as expressly permitted by this N Agreement; (b) access or use the Cartegraph Technology directly, except through the Solutions as T' expressly provided in this Agreement; (c) use the Solutions in any unlawful or illegal manner or in any N other manner that could damage, disable, overburden or impair the Cartegraph Technology; (d) use automated scripts to collect information from or otherwise interact with the Cartegraph Technology; (e) rn alter, modify, reproduce, create derivative works of the Cartegraph Technology; (f) distribute, sell, resell, N lend, loan, lease, license, sublicense, transfer, or otherwise make available the Solutions or any of Customer's rights to access or use the Solutions or any Service to any third party; (g) reverse engineer, Li disassemble, decompile, or otherwise attempt to derive the source code or method of operation of or any J J trade secrets embodied in the Cartegraph Technology; (h) attempt to circumvent or overcome any a technological protection measures intended to restrict access to any portion of the Cartegraph Technology; (i) use the Cartegraph Technology for purposes of monitoring their availability, performance E or functionality, or for any other benchmarking, business intelligence, data mining, or competitive P purposes; or Q) interfere in any manner with the operation or hosting of the Cartegraph Technology. 0 2.5 Third Party Offerings. Customer agrees and acknowledges that certain portions of the Solutions may be provided by third party providers ("Third Party Offerings"). Customer's access to and use of any Third -Party Offering is also subject to any other agreement separate from this Agreement that Customer may enter into (or may have entered into) relating to those Third -Party Offerings ("Third Party Terms"). In addition to the terms of this Agreement, access to and use of each Third -Party Offerings is also subject to the terms and conditions of any Third -Party Terms applicable to that Third -Party Offering. Except as set forth in this Agreement, any applicable Third -Party Terms will control in the event of a conflict between the terms of this Agreement and those Third -Party Terms. Except as expressly set forth in any Third -Party Terms, you are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to any Third Party Offerings. 3. Services. If Customer enters into a Purchase Agreement, including any applicable Addendum specifying any of the following Services, Cartegraph will use commercially reasonable efforts to provide those Services to Customer during the term of this Agreement. All such Services are provided subject to the terms and Packet Pg. 85 9.B.c conditions of this Agreement. Cartegraph has no obligation to provide any of the following Services unless specified in a Purchase Agreement or Addendum to this Agreement. 3.1 On -Site Installation Services. Cartegraph will provide Customer with deployment and installation Services for the Solutions if indicated 4- in a Purchase Agreement ("On -Site Installation Services"). On -Site Installation Services will be subject to c scheduling in cooperation with Customer. Customer will provide all equipment and hardware stated in such Purchase Agreement, and any additional equipment and hardware reasonably necessary for the U operation of the Solutions. Customer shall be responsible for maintaining the equipment and hardware, x which shall include providing sufficient resources (e.g., electricity, HVAC, or other resources) necessary w for the equipment and hardware to properly operate. Cartegraph's warranties and indemnification S obligations contained in this Agreement shall be limited to the extent that such obligation arises from o Customer's equipment and hardware. Customer shall coordinate with Cartegraph to provide Cartegraph s with the level of access to the equipment and hardware to perform On -Site Installation Services and any a other Services as specified in a Purchase Agreement. If no level of access is specified in a Purchase Agreement, then all access by Cartegraph to the equipment and hardware shall be remote access. N Unless otherwise specified in a Purchase Agreement, Cartegraph shall have no obligation to perform the T' On -Site Installation Services, or any other Services, on Customer's premises. If Cartegraph determines N that it is necessary to perform any Services on Customer's premises, Cartegraph shall first receive approval from Customer prior to performing such Services on Customer's premises. Cartegraph shall rn have no responsibility to Customer for any liability to the extent that such liability arises from Customer's N failure to provide Cartegraph sufficient or timely access to the equipment or hardware. Customer understands that Customer does not receive any rights to the Cartegraph Technology separate and apart Li from Customer's right to access the Solutions installed on -site by Cartegraph as described in this J J Agreement. If Customer requires additional rights to access the Solutions, Customer shall obtain a Cartegraph's prior written consent. Upon termination or expiration of this Agreement, Customer will immediately either return to Cartegraph or, at Cartegraph's discretion, destroy any Cartegraph E Technology then in Customer's possession or control and certify in writing signed by an officer of P Customer that it has fully complied with the foregoing obligations. 0 3.2 Support Services. Cartegraph will provide Customer with support Services for the Solutions as specified in Addendum A if such Addendum is attached to a Purchase Agreement ("Support Services"). 3.3 Field Services. Cartegraph will provide Customer with the field implementation Services for the Solutions as specified in Addendum B if such Addendum is attached to a Purchase Agreement ("Field Services"). Field Services will be subject to scheduling in cooperation with Customer. 3.4 Data Services. Cartegraph will provide Customer with the data collection Services for the Solutions as specified in Addendum C if such Addendum is attached to a Purchase Agreement ("Data Services"). Data Services will be subject to scheduling in cooperation with Customer. Packet Pg. 86 9.B.c 3.5 Professional Services. Cartegraph will perform any additional professional Services relating to the Solutions ("Professional Services") if specified in any written statement of work mutually agreed to by both parties under this Agreement. Cartegraph will perform all Professional Services at the rates for those Professional Services set forth in each applicable statement of work, or, if no rates are set forth in an applicable statement of work, at Cartegraph's then -current rates for those Professional Services. Professional Services shall be performed during the working hours stated in the statement of work applicable to those Professional Services, or, if no working hours are stated, the Professional Services will be provided during the hours of 7:00 a.m. to 7:00 p.m., Central Standard or Central Daylight Time, whichever is applicable, Monday through Friday excluding holidays. 4. Software. Cartegraph may provide Customer with software in connection with the Solutions ("Software"). Unless any N Software provided by Cartegraph in connection with the Solutions is subject to a license or other a, agreement separate from this Agreement that Customer has entered into (or may enter into) with o Cartegraph (a "Software License Agreement"), Cartegraph grants Customer a limited, non-exclusive, non- N transferrable, non -assignable, license solely to install and execute the Software in accordance with the instructions provided by Cartegraph for Customer's own internal use and operations in connection with Customer's access to and use of the Solutions. Except as expressly set forth in the foregoing sentence ry (or any applicable Software License Agreement), Customer is granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to any Software, and Customer may not modify, reproduce, "' J perform, display, create derivative works from, republish, post, transmit, transfer, sell, distribute, or in any J way exploit any Software without the prior written permission of Cartegraph. Except as set forth in this Agreement, the terms of any Software License Agreement will control in the event of a conflict between the terms of this Agreement and that Software License Agreement. Customer agrees that use of the Software is limited as described in the Purchase Agreement, as either: (1) Browser Based User— Each browser based User is defined by User ID; or For Server Software — One copy of Software for each Q server. Customer agrees that Cartegraph may audit Customer's Software usage remotely or on -site upon reasonable notice and during standard business hours. Prevention of audit by Customer may be grounds for termination of this Agreement. Cartegraph and its licensors will not be responsible to Customer for 3 loss of use of any Software or for any other liabilities arising from alterations, additions, adjustments, or a repairs which are made to any Software by Customer or other third parties. Cartegraph reserves the right J to terminate the licenses granted to any Software or any Services provided in connection with that Software upon written notice to Customer if any such alteration, addition, adjustment, or repair adversely affects Cartegraph's ability to render Services. 5. Fees and Payment. 5.1 Fees. Customer agrees to pay Cartegraph all fees specified in any Purchase Agreement and as otherwise specified in this Agreement ("Fees"). Packet Pg. 87 9.B.c 5.2 Payment. All Fees will be invoiced in advance in accordance with the terms applicable to such Fees. If no terms for an applicable Fee are set forth in the applicable Purchase Agreement, such Fees will be invoiced on a monthly basis following the end of the month in which they were incurred. All Fees as set forth on each invoice issued by Cartegraph under this Agreement will be due and payable by Customer in immediately available U.S. funds within 30 days of the date of invoice. If Customer has not made payment within 30 days of the date of invoice, Customer shall be in default. Customer's default will constitute sufficient cause for Cartegraph to suspend Customer's access to the Solutions or any Services upon notice to Customer. All Fees will be non-refundable once paid to Cartegraph (including upon any termination or suspension of this Agreement). Until paid in full, all past due amounts will bear an additional charge of the lesser of 1'/2% per month or the maximum amount permitted under applicable law. If Cartegraph requires use of collection agencies, attorneys, or courts of law for collection on Customer's account, Customer will be responsible for those expenses. Customer will be responsible for all use, sales, and other taxes imposed on the Services provided under this Agreement. N 5.3 Taxes. O N The Fees do not include any local, state, provincial, federal or foreign taxes, levies, assessments, duties, W or other governmental charges of any kind or nature, including, without limitation, any value-added tax c (VAT), stamp or other similar tax, social security (or local equivalent), state or regional tax, or income or �! other federal tax ("Taxes"). Customer is responsible for paying all Taxes that may be imposed by way of the performance of either party under this Agreement, excluding only Taxes based on Cartegraph's net "' J income. If Cartegraph is found or deemed to have a legal obligation to pay or collect any Taxes for which Q Customer is responsible under this Agreement, the appropriate amount shall be invoiced to and paid by c Customer unless Customer provides Cartegraph with a valid tax exemption certificate authorized by the appropriate taxing authority. d 5.4 Fee Increases. Cartegraph may increase the Fees applicable to Customer to the then -current prices for the next Renewal Term by providing notice of such increase at least 60 days before the beginning of such Renewal Term. If after receiving such notice Customer wishes not to renew the Agreement for the next Renewal Term, Customer must provide written notice to Cartegraph of Customer's intent not to renew this Agreement at least 60 days before the end of the Initial Term or any such Renewal Term. 5.5 Expenses. Customer shall reimburse Cartegraph for reasonable expenses incurred during the provision of Services. Reasonable expenses include, but are not limited to, travel, lodging, and meals. Expenses are billed based on actual costs incurred. Estimated expenses shall be included in each Purchase Agreement. Cartegraph shall not exceed the estimated expenses without written approval from Customer. Packet Pg. 88 9.B.c 6. Termination. 6.1 Termination for Cause. Either party may terminate this Agreement immediately upon notice to the other party if the other party: (a) materially breaches this Agreement and fails to remedy such breach within 30 days after receiving notice of the breach from the other party; (b) materially breaches this Agreement in a manner that cannot be remedied; or (c) commences bankruptcy or dissolution proceedings, has a receiver appointed for a substantial part of its assets, or ceases to operate in the ordinary course of business. 6.2 Service Discontinuance. If Cartegraph at any time discontinues offering any Solutions or any Services to new customers, 3 Cartegraph will give Customer reasonable advance notice of such discontinuation. Upon such date of Q discontinuation, Cartegraph will have the right to terminate this Agreement as to those Solutions or Services upon notice to Customer. As of the date of termination, Cartegraph will credit to Customer, on a rn pro -rated basis, any pre -paid Fees under this Agreement and Cartegraph shall have no further obligation c to provide the Solutions or any Service under this Agreement. 6.3 Suspension. Without limiting Cartegraph's right to terminate this Agreement, Cartegraph may suspend Customer's access to the Solutions or any Services upon notice to Customer following any breach of this Agreement if deemed reasonably necessary by Cartegraph to prevent any damage, injury, or harm to Cartegraph, the Cartegraph Technology, any other Cartegraph customer, or any third party. 6.4 Effect of Termination. All Purchase Agreements shall terminate immediately upon termination of this Agreement. Upon termination or expiration of this Agreement for any reason, and following any applicable Transition Period: (a) Cartegraph may cease providing access to all Solutions and Services under this Agreement; (b) all subscriptions and other rights and licenses granted to Customer under this Agreement will terminate; (c) Customer will immediately cease all use of and access to all Solutions and Services; (d) all Fees and other amounts then owed by Customer under this Agreement will become immediately due and payable to Cartegraph; (e) Customer will immediately either return to Cartegraph or, at Cartegraph's discretion, destroy any Cartegraph Data and Cartegraph Confidential Information (each as defined below) then in Customer's possession or control; and (f) Cartegraph will either return to Customer or, at Customer's discretion, destroy any Customer Data and Customer Confidential Information) then in Cartegraph's possession or control. The following Sections will survive termination or expiration of this Agreement for any reason: 5 (Fees and Payment), 6.4(Effect of Termination), 7 (Ownership), 10 (Disclaimer), 11 (Indemnification), 12 (Limitation on Liability), 14 (Confidentiality), 15 (Governing Law), 16 (Non - Solicitation), 17 (Force Majeure), 18 (Notice), and 19 (Additional Terms). Packet Pg. 89 9.B.c 6.5 Transition Services. Except in the case of a termination under Section 6.1 by Cartegraph, at any time prior to the effective date of any termination or expiration of this Agreement, Customer may request that Cartegraph continue to provide Customer with any Services then provided under this Agreement for purposes of transitioning and migrating Customer off of the Solutions ("Transition Services"). Upon such request, the parties will develop a mutually agreed to transition plan describing the Transition Services and each party's respective obligations in connection with the transition and migration of Customer off of the Solutions ("Transition Plan"). Cartegraph will provide the Transition Services for the period agreed to in the Transition Plan, such period not to exceed 180 days following termination or expiration of this Agreement (the "Transition Period"). Customer will compensate Cartegraph for all Transition Services at rates specified in the Transition Plan or, if no rates are agreed upon by the parties prior to the performance of the Transition Services, at Cartegraph's then current rates for the Services. All Transition Services will otherwise be subject to the terms of this Agreement. N 7. Ownership. 0) Cartegraph retains all right, title, and interest in and to the Solutions, Cartegraph Technology, Cartegraph 0 N Data, any additions, improvements, updates, new versions, or other modifications thereto created by either party, whether or not through the Services, alone, jointly, or with any third party, and all IPR (as c defined below) therein and related thereto. Customer does not receive any ownership interest in or to any �! of the foregoing, and no right or license is granted to Customer to use any of the foregoing apart from Customer's right to access and use the Solutions under this Agreement. Customer will perform all acts "' J reasonably necessary to assist Cartegraph in perfecting and defending Cartegraph's ownership interest in J Q any of the foregoing. Without limiting the foregoing, Customer agrees to and does hereby make all c assignments necessary to provide Cartegraph with the ownership rights set forth in this Section. All names and logos associated with the Solutions and other Services are trademarks of Cartegraph (or its d third party providers) and no right or license is granted to Customer to use them. Any rights not expressly granted to Customer hereunder are reserved by Cartegraph. Customer will not remove or alter any Q proprietary rights legend on the Solutions, Cartegraph Technology, or Cartegraph Data. For purposes of this Agreement, "IPR" means any and all intellectual property and other proprietary rights throughout the world, including, all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, rights 3 in data and databases, and contract rights. a 8. Data. 8.1 Customer Data. As between Customer and Cartegraph, Customer retains ownership of all data, information, and other content provided to Cartegraph or through the Solutions by or on behalf of Customer ("Customer Data"). Customer is responsible for all Customer Data, including the accuracy, quality, integrity, legality, reliability, and appropriateness thereof. Customer will obtain and maintain all authorizations, approvals, permissions, and other rights necessary for Cartegraph to use and process all Customer Data in the performance of the Services and any other obligations of Cartegraph under this Agreement. Customer will maintain an adequate back-up of all Customer Data and, except for any express obligations of Cartegraph to maintain back-up copies of Customer Data, Cartegraph will not be responsible or liable for any deletion, correction, destruction, damage, loss, or failure to store or back-up any of Customer Data. Packet Pg. 90 9.B.c 8.2 Cartegraph Data. As between Cartegraph and Customer, Cartegraph retains ownership of all data, information, and other content provided to Customer through the Solutions and the other Services, excluding any Customer Data ("Customer Data"). Subject to the terms of this Agreement, Customer may access the Cartegraph Data without modification solely for Customer's own internal business purposes in connection with Customer's use of and access to the Solutions. Cartegraph uses commercially reasonable measures to ensure the accuracy and reliability of all Cartegraph Data, but except as expressly provided herein Cartegraph will not be responsible for any erroneous data, information, or content provided through the Solutions. Except as expressly provided in this Agreement, Customer is granted no rights in or to the Cartegraph Data. 8.3 Data Security. Cartegraph shall establish and maintain during the term an information security policy providing for a reasonable administrative, technical, physical safeguards and security measures designed to protect against the unintended or unauthorized destruction, loss, alteration, or access of any Customer Data in the possession or control of Cartegraph, which safeguards and measures are compliant with applicable rn federal, state, provincial, or local laws, rules, and regulations ("Laws"). Customer will establish and T N maintain during the term reasonable and appropriate administrative, technical, and physical safeguards a_ and security measures designed to protect against the unintended or unauthorized destruction, loss, alteration, or access of any Cartegraph Data in the possession or control of Customer, which safeguards o and measures are consistent with applicable Laws. Each party will promptly notify the other party of any data security breach or similar incident that has, or might have, compromised the privacy or security of LO any Customer Data or, in the case of Customer, any Cartegraph Data in the possession or control of such J party. Each party will indemnify and hold harmless the other party from and against any damages or Q losses asserted against or incurred by the other party arising out of or related to a breach of a party's data c security obligations. 8.4 Data Privacy. Cartegraph may use and disclose data and information collected through the operation of the Solutions solely as described in this Agreement and in Cartegraph's then -current privacy policy applicable to the Solutions. Notwithstanding anything to the contrary in the privacy policy, Cartegraph will have the right to collect and analyze non -personal information (data or information that does not identify an entity or natural person as the source thereof) resulting from Customer's access to and use of the Solutions. To the extent any such non -personal information is collected or generated by Cartegraph, the data and information may be used by Cartegraph, or its permitted service providers, for any lawful business purpose, provided that the data and information is used only in an aggregated form, without directly identifying Customer, or any other User, as the source thereof. 9. Representations and Warranties. 9.1 General. Each party represents, warrants, and covenants to the other party that: (a) it has and will continue to have during the term hereof, all rights, power, and authority necessary to enter into this Agreement and perform all of its obligations under this Agreement; (b) the performance of its obligations under this Agreement does not and will not violate any Law applicable to such party's performance, any rights of any Packet Pg. 91 9.B.c third party, or any agreement by which such party is bound; and (c) it will procure all rights, certificates, licenses, permits, or other approvals required for its performance under this Agreement. 9.2 Performance. During the term of this Agreement, Cartegraph represents and warrants to Customer that Cartegraph will use commercially reasonable efforts to maintain and verify that the Solutions operate in accordance with the applicable documentation for the Solutions provided to Customer by Cartegraph and in accordance with any other levels of performance specified in this Agreement or applicable Purchase Agreement. Cartegraph's sole obligation and Customer's sole and exclusive remedy in the event of any failure of the Solutions to comply with any such performance levels will be for Cartegraph to, at its option: (a) remedy the failure or re -perform the affected Services; or (b) refund Customer the portion of any Fees applicable to the portion of the Solutions subject to the failure. 9.3 Non -Infringement. N Cartegraph represents and warrants to Customer that the use by Customer of the Solutions during the c term and in accordance with this Agreement (the "Covered Services") will not infringe any third party U.S. N patent or copyright or misappropriate any third party trade secret in existence under any Laws of any state within the U.S. As Cartegraph's sole obligation and Customer's sole and exclusive remedy for of any failure by Cartegraph to comply with the foregoing sentence, Cartegraph will defend Customer N against any such failure as set forth in Section 11.2. IT 10. Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SOLUTIONS AND ALL SERVICES UNDER THIS AGREEMENT, AND ALL CARTEGRAPH DATA PROVIDED THROUGH THE SOLUTIONS OR THOSE SERVICES, ARE PROVIDED TO CUSTOMER STRICTLY "AS IS" AND "AS AVAILABLE" AND CARTEGRAPH AND ITS PROVIDERS EXPRESSLY DISCLAIM, AND CUSTOMER DISCLAIMS ANY RELIANCE ON, ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD THERETO OR TO ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON -INFRINGEMENT, AVAILABILITY OR ERROR -FREE OPERATION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CARTEGRAPH, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT. 11. Indemnification. 11.1 General. Each party (the "Indemnifying Party") will defend the other party and its officers, directors, employees, and agents (its "Related Parties") from and against any claim, allegation or action (any "Action") brought against the other party or one of its Related Parties by a third party (other than by the other party itself or another of its Related Parties) to the extent relating to, resulting from, or arising out of the gross negligence or willful misconduct of the Indemnifying Party in the performance (or failure to perform) any of Packet Pg. 92 9.B.c its obligations under this Agreement. The Indemnifying Party will further pay those losses, liabilities, damages, fees, expenses, and costs (including reasonable attorneys' fees and court costs) ("Losses") finally awarded against the other party or one of its Related Parties in any such Action or those Losses agreed to in a monetary settlement of such Action, as applicable. 11.2 Non -Infringement. Cartegraph will defend Customer from and against any Action brought against Customer by a third party (other than a Customer Related Party) that the use by Customer of the Covered Services infringes any U U.S. patent, or copyright or misappropriates any trade secret in existence under any Laws of any state x within the U.S. Cartegraph will pay those Losses finally awarded against Customer in any such Action or W 0 those Losses agreed to in a monetary settlement of such Action, as applicable. If Customer is, or S Cartegraph reasonably believes Customer may be, enjoined from using any Covered Service due to an o Action covered by this Section, Cartegraph may procure the right for Customer to continue using the Covered Service, replace or modify the Covered Service so that it becomes non -infringing, or terminate a this Agreement and provide Customer a refund of any pre -paid amounts applicable to the Covered Service (if any). Cartegraph will have no obligation under this Section or otherwise with respect to any Action or Losses in the case of: (a) any use of any Covered Service other than by Customer; (b) any use T' of any Covered Service not under and in accordance with this Agreement; (c) any use of any Covered N Service in combination with products, equipment, services, processes, software, data or information not supplied by Cartegraph; or (d) any modification of or enhancement to any Covered Service other than by rn Cartegraph. This Section constitutes Cartegraph's sole and exclusive liability, and Customer's sole and N exclusive remedy, for any infringement or misappropriation of IPR or any other rights relating to the solutions. Ln 11.3 By Customer. Customer will defend Cartegraph and its Related Parties from and against any Action brought against Cartegraph or one of its Related Parties by a third party (other than by Cartegraph or another Cartegraph Related Party) to the extent relating to, resulting from, or arising out of any: (a) any violation of any Law caused by the use of or access to the Solutions by Customer; or (b) any claim or allegation by a User or other third party relating to use of or access to the Solutions or any Services by Customer. Customer will only pay those Losses finally awarded against Cartegraph in any such Action or those Losses agreed to in a monetary settlement of such Action, as applicable. 11.4 Conditions. All obligation of each party to defend or indemnify the other party or any Related Party under this Agreement are conditioned upon the party seeking defense or indemnification (the "Indemnified Party") providing the other party with: (a) prompt notice of any such claim for indemnification or defense after receiving notice thereof; (b) sole control over the defense and settlement of such claim, provided that any settlement that will require the other party to assume any liability other than the payment of monies will be subject to the other party's prior written consent; and (c) reasonable assistance in such defense or settlement (at the indemnifying or defending party's expense). Packet Pg. 93 9.B.c 12. Limitation on Liability. IN NO EVENT WILL CARTEGRAPH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN ANYWAY IN CONNECTION WITH OR OUT OF THIS AGREEMENT, INCLUDING THE USE OF OR ACCESS TO THE SOLUTIONS OR ANY SERVICES OR THE CARTEGRAPH TECHNOLOGY (OR ANY CARTEGRAPH DATA), EVEN IF CARTEGRAPH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING ANY LOSS OF DATA, OPPORTUNITY, LOSS OF REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE SERVICES. CARTEGRAPH'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE SOLUTIONS, AND ALL SERVICES PROVIDED UNDER N THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE c FEES PAID TO CARTEGRAPH HEREUNDER IN THE 12 MONTH PERIOD IMMEDIATELY 3 PRECEDING THE EVENT GIVING CAUSE TO SUCH LIABILITY. CUSTOMER AGREES THAT THE Q FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND ACKNOWLEDGE THAT CARTEGRAPH WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR c CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, CARTEGRAPH'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. v 13. Insurance. If Cartegraph will provide Services at Customer's location, Cartegraph will carry commercial general liability insurance with a limit of $1,000,000 per occurrence and a $2,000,000 aggregate limit, business auto liability insurance with a limit of $1,000,000 and workers compensation insurance with statutory coverage. 14. Confidentiality. 14.1 Protection. Each party (the "Receiving Party") may from time to time receive or otherwise obtain data or information regarding the business, finances, services, or technology of the other party (the "Disclosing Party"), including, without limitation, technical, advertising, marketing, sales, financial, pricing, employee, customer, and planning information, or any other information that by its very nature the Receiving Party should know is confidential ("Confidential Information"). The Receiving Party will not use any Confidential Information of the Disclosing Party for any purpose not expressly permitted by this Agreement, and will disclose the Confidential Information of the Disclosing Party only to the employees or permitted contractors of the Receiving Party who have a need to know such Confidential Information for purposes of this Agreement and who are under a duty of confidentiality no less restrictive than the Receiving Party's duty hereunder. The Receiving Party will protect the Disclosing Party's Confidential Information in the same manner as the Receiving Party protects its own confidential information of a similar nature and with no less than reasonable care. Packet Pg. 94 9.B.c 14.2 Exceptions. The Receiving Party's obligations with respect to any Confidential Information of the Disclosing Party will terminate if such information: (a) was already lawfully known to the Receiving Party as of the Effective Date; (b) is disclosed to the Receiving Party after the Effective Date by a third party who had the right to make such disclosure without any confidentiality restrictions; or (c) is, or through no fault of the Receiving Party becomes, generally available to the public. The Receiving Party may disclose the Confidential Information of the Disclosing Party if compelled or required to do so by a court of competent jurisdiction or other governmental entity having jurisdiction over the Receiving Party, provided that the Receiving Party provides the Disclosing Party with notice of such requirement and provides reasonable assistance to the Disclosing Party in any attempts to contest such disclosure or obtain a protective order or other applicable limitation with respect to such disclosure. In any event, the Receiving Party will be entitled to receive payment of its expenses and costs actually incurred in responding to such disclosure request and will disclose only such portion of any Confidential Information as it is legally compelled or required to disclose. N 14.3 Return of Confidential Information. The Receiving Party will return to the Disclosing Party or destroy all Confidential Information of the T Q Disclosing Party in the Receiving Party's possession or control and permanently erase all electronic copies of such Confidential Information promptly upon the request of the Disclosing Party or when such Confidential Information is no longer needed in connection with its performance under this Agreement, ry whichever comes first. At the Disclosing Party's request, the Receiving Party will certify in writing signed by an officer of the Receiving Party that it has fully complied with the foregoing obligations. 1' 15. Governing Law. The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the state/province where the Customer has its principal place of business. Each party agrees that it will bring any action or proceeding arising from or relating to this Agreement exclusively in a federal or state/provincial court in the state/province where the Customer has its principal place of business, and each party irrevocably submits to the personal jurisdiction and venue of any such court in any such action or proceeding or in any action or proceeding brought in such courts. 16. Non -Solicitation. During the term of this Agreement and for a period of 12 months thereafter, Customer will not, directly or indirectly, for itself or on behalf of or in conjunction with any other third party, solicit, induce, hire, contract with, or engage the employment of an employee of Cartegraph, unless Customer: (1) obtains the prior written consent of Cartegraph, as applicable; and (2) pays Cartegraph as applicable a fee to be mutually agreed upon. If Customer directly employs or contracts with an employee of Cartegraph without the prior written consent of Cartegraph, Customer shall pay as damages 2 times the then yearly salary of the employee in question. The parties acknowledge and agree that the foregoing is not intended as a penalty of any kind but as reasonable and adequate compensation to Cartegraph in the event Customer should directly employ or contract with an employee of Cartegraph without the prior written consent of Cartegraph. Packet Pg. 95 9.B.c 17. Force Majeure. Neither party will be held responsible for failure or delay in the performance of any obligation under this Agreement, with the exception of the obligation to pay Fees, if such failure or delay is due to acts of God, war, terrorism, strikes, boycotts, labor disputes, fire or other loss of facilities, accident or any other cause beyond its control (each, a "Force Majeure"). If the performance of any obligation under this Agreement by either party is prevented, restricted or interfered with by reason of a Force Majeure event, the party whose performance is so affected, upon giving prompt notice to the other party, will be excused from such performance to the extent of such Force Majeure event, provided that the party so affected will take all reasonable steps to avoid or remove such causes of non-performance and will continue performance hereunder with dispatch whenever such causes are removed. 18. Notice. All notices, reports, consents, authorizations and approvals to be given by a party hereunder will be in N writing and will either be via: (1) hand -delivery; (2) reputable overnight mail service; (3) facsimile a, transmission, provided that an original copy of a transmission will be delivered by some other means o permitted under this Agreement; or (4) certified mail, return receipt requested, to the other party at its respective addresses set forth above. All notices will be effective upon receipt (or when delivery is refused), or 3 business days after being deposited in the mail as required above, whichever occurs c sooner. Either party may change its address for notice by giving notice of the new address to the other �! party. 19. Additional Terms. Unless otherwise amended as provided herein, this Agreement will exclusively govern Customer's access to and use of the Solutions and all Services and is the complete and exclusive understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between the parties. Except as expressly set forth in this Agreement, this Agreement may be modified or amended only in writing signed by both parties. If any provision of this Agreement is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. Neither this Agreement nor any rights or obligations of Customer hereunder may be assigned without the prior written approval of Cartegraph. Any assignment in violation of the foregoing will be null and void. Cartegraph may assign this Agreement to any party that assumes Cartegraph's obligations hereunder, including by sale, merger, consolidation, or operation of law or otherwise. Cartegraph may subcontract its obligations under this Agreement, provided that Cartegraph remains responsible for compliance with the applicable terms of this Agreement as to those obligations. The words "include," "includes" and "including" means "include," "includes" or "including," in each case, "without limitation." All waivers under this Agreement must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. The preprinted terms of a purchase order or any other similar document will not apply to or modify this Agreement. The parties hereto are independent parties, not agents, employees or employers of the other or joint venturers', and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. In the event of any litigation or other proceeding between the parties relating to this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and other reasonable costs incurred in connection therewith and in pursuing collection, appeals, and other relief to which that party Packet Pg. 96 9.B.c may be entitled. Customer gives Cartegraph permission to use Customer's name or logo for public press releases and customer stories. Cartegraph provides the Solutions, including related software and technology, for federal government end use as a "Commercial Item" as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Solutions are provided to the Customer with only those restricted rights as provided under the terms and conditions of this Agreement. If a government agency has a need for rights not conveyed under these terms, it must negotiate with Cartegraph to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement. u Packet Pg. 97 9.B.c Purchase Agreement Cartegraph is pleased to present this Purchase Agreement for the implementation of world class technology solutions. This Purchase Agreement is made and entered into between Village of Buffalo Grove (hereinafter referred to as "Customer") and Cartegraph Systems LLC (hereinafter referred to as "Cartegraph"). In the case that any terms or conditions provided in the Cartegraph Solutions Agreement differ from, are provided in more detail by, or are made irrelevant by the terms and conditions provided in this Purchase Agreement, the terms in this Purchase Agreement shall control. For all terms and conditions not addressed by this Purchase Agreement, the Cartegraph Solutions Agreement shall control. Customer Bill To: Customer Ship To: Village of Buffalo Grove Same 51 Raupp Blvd. Buffalo Grove, IL 60089 Investment Summary The Addendums attached hereto, include: Addendum A — Support Services Cartegraph's proposed fees for this project are included in the summary below. Today's Date: May 14, Signature June 28, 2019 Purchase #PA895 2019 Expiration Date: Agreement No.: Purchase Type Qty. Unit Price Total Price YEAR SOLUTIONS Cartegraph OMS — Subscription, On -Premise, 7/1/19 — 1 $20,500.00 $20,500.00 Platform - Enterprise 6/30/20 Cartegraph OMS Advanced Asset Management 1 $6,150.00 $6,150.00 Extension Subscription Cartegraph OMS Advanced Work Management 1 $6,150.00 $6,150.00 Extension Subscription Cartegraph OMS Advanced User Tools Subscription 1 $4,100.00 $4,100.00 Extension Cartegraph OMS Internal Requests Subscription 1 $2,050.00 $2,050.00 Extension Cartegraph OMS User Pack Subscription — 100 Named 1 $17,500.00 $17,500.00 Users Users Cartegraph OMS On- Premise Support Fixed Fee On -Premise Support 1 $10,000.00 $10,000.00 Discount ($10,000.00) TECHNICAL SUPPORT System Integration Support Technical Support, JULIE Integration 1 $1,920.00 $1,920.00 Admin Cert. Discount $96.00 System Integration Technical Support, PetroVend 1 $1,000.00 $1,000.00 Support Integration Admin Cert. Discount $50.00 YEAR 1 SUB -TOTAL $59,224.00 �3 c CD E m m 0 Q c w 0 c 0 U 0 x w c �N 0 s 3 a N Q1 0 N W #PA895, Village of Buffalo Grove, IL Packet Pg. 98 9.B.c YEAR 2 SOLUTIONS Cartegraph OMS— Subscription, On -Premise, 7/1/20— 1 $21,115.00 $21,115.00 Platform - Enterprise 6/30/21 Cartegraph OMS Advanced Asset Management 1 $6,334.50 $6,334.50 Extension Subscription Cartegraph OMS Advanced Work Management 1 $6,334.50 $6,334.50 Extension Subscription Cartegraph OMS Extension Advanced User Tools Subscription 1 $4,223.00 $4,223.00 Cartegraph OMS Extension Internal Requests Subscription 1 $2,111.50 $2,111.50 Cartegraph OMS User Pack Subscription — 100 Named 1 $18,025.00 $18,025.00 Users Users Cartegraph OMS On- Fixed Fee On -Premise Support 1 $10,300.00 $10,300.00 Premise Support Discount $10, 300. 00 TECHNICAL SUPPORT System Integration Technical Support, JULIE Integration 1 $1,997.60 $1,997.60 Support Admin Cert. Discount $99.88 System Integration Technical Support, PetroVend 1 $1,030.00 $1,030.00 Support Integration Admin Cert. Discount $51.50 YEAR 2 SUB -TOTAL $61,019.72 YEAR 3 SOLUTIONS Cartegraph OMS— Subscription, On -Premise, 7/1/21 — 1 $21,748.45 $21,748.45 Platform - Enterprise 6/30/22 Cartegraph OMS Advanced Asset Management 1 $6,524.54 $6,524.54 Extension Subscription Cartegraph OMS Advanced Work Management 1 $6,524.54 $6,524.54 Extension Subscription Cartegraph OMS Advanced User Tools Subscription 1 $4,349.69 $4,349.69 Extension Cartegraph OMS Internal Requests Subscription 1 $2,174.85 $2,174.85 Extension Cartegraph OMS User Pack Subscription — 100 Named 1 $18,565.00 $18,565.00 Users Users Cartegraph OMS On- Premise Support Fixed Fee On -Premise Support 1 $10,610.00 $10,610.00 Discount ($10,610.00) TECHNICAL SUPPORT System Integration Support Technical Support, JULIE Integration 1 $2,036.93 $2,036.93 Admin Cert. Discount $101.85 System Integration Technical Support, PetroVend 1 $1,060.90 $1,060.90 Support Integration Admin Cert. Discount $53.04 YEAR 3 SuB-TOTAL $62,830.01 TOTAL COST (3-YEAR TERM) $183,073.73 s 3 c CD E m a� Q c w 0 a 0 U 0 x w 0 c •L 0 s 3 zl� N 0) T 0 N rn 0 N Lri J J Q c 0 E 0 m Q d s L 0 a J ai 0 O �a 0 m O aD a� �a L 0 o Q a c m E t t� Q #PA895, Village of Buffalo Grove, IL Packet Pg. 99 9.B.c NOTES: The pricing listed above does not include applicable sales tax. The Cartegraph OMS pricing listed above does not include Esri ArcGIS licenses. Offline with Cartegraph for Pad is not included in this price. Hosting includes 50G of available file storage. If additional storage is required, the Customer can purchase in 50G increments. u #PA895, Village of Buffalo Grove, IL Packet Pg. 100 9.B.c Payment Terms and Conditions 3 In consideration for the Solutions and Services provided by Cartegraph to Customer, Customer agrees to pay Cartegraph the Fees in U.S. Dollars as described below: E 1. Delivery: Customer shall be provided with the ability to access and use the Solutions upon execution of this 0 Purchase Agreement. If applicable, Services will be scheduled and delivered upon your acceptance of this Purchase Q Agreement, which will be considered as your notification to proceed. 2. Services Scheduling: Customer agrees to work with Cartegraph to schedule Services in a timely manner. All c undelivered Services shall expire 365 days from the signing of this Purchase Agreement. r- 0 3. Solutions Invoicing: The Fee for Solutions will be due in annual installments 15 days prior to the anniversary of the initial term as follows: U 0 a. $56,450.00 due upon execution of the Purchase Agreement. x w b. $58,143.50 due 15 days prior to 1 st year anniversary of term start date. 0 S •L c. $59,887.07 due 15 days prior to 2nd year anniversary of term start date. 0 4. Renewal Invoicing: Invoicing for the Renewal fee shall occur upon the acceptance of this Purchase Agreement and a shall be invoiced as follows: a. $2,774.00 due upon execution of the Purchase Agreement. N a, b. $2,876.22 due 15 days prior to 1st year anniversary of term start date. T N c. $2,942.94 due 15 days prior to 2nd year anniversary of term start date. rn 5. Payment Terms: All payments are due Net 30 days from start date of invoice. c BY SIGNING BELOW, THE PARTIES AGREE THAT ALL USE AND ACCESS TO THE SOLUTIONS DESCRIBED IN THIS PURCHASE AGREEMENT SHALL BE GOVERNED BY THE CARTEGRAPH SOLUTIONS AGREEMENT. THE PARTIES AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE CARTEGRAPH SOLUTIONS AGREEMENT AND THIS PURCHASE AGREEMENT REFERENCED HEREIN. CARTEGRAPH: Cartegraph Systems LLC By Mitch (Signature) (Type or print name) Title SVP of Sales & Marketin Date CUSTOMER: Village of Buffalo Grove By Title Date (Signature) (Type or print name) #PA895, Village of Buffalo Grove, IL Packet Pg. 101 9.B.c Cartegraph Systems LLC Addendum A - Support Services Cartegraph Support and Training Services — Scope of Work The Support Services listed in the Investment Summary of the Purchase Agreement are specific Cartegraph Services which will be delivered to the Customer based on the descriptions below and on the terms and conditions and subject to the limitations set forth in this Addendum A, the applicable Purchase Agreement, and the Cartegraph Solutions Agreement. Cartegraph will coordinate with the Customer on service delivery expectations and timeframes. As part of Customer's subscription to access and use of the Cartegraph Solutions, Customer will receive: 1. Support Services a. Campus — www.cartegraph.com/campus Our User Assistance area is a convenient and easily -shareable resource designed to help you and your co- workers better understand the functions and capabilities of your Cartegraph Solutions. Instantly access user tips, step-by-step guides, videos, and more. b. Dedicated, Unlimited, Toll -free Phone Support- 877.647.3050 When questions need answers and difficulties arise, count on our industry -leading Support team to provide the guidance and assistance you need. Reach us as often as you need Monday -Friday, 7:00 am-7:00 pm CT. c. Secure, Live Remote Support If your challenge requires a more hands-on approach, we have the remote support tools to fix it. Let one of our Support Team members directly interact with your system to find a fast, effective solution. 2. Training & Education Services a. Convenient Online Resources All the information you need, one click away. Take advantage of online training opportunities, tutorial videos, upcoming event information, and more. b. Customer Led User Groups Meet and network with similar Cartegraph users in your region. Customer led User Groups allow you to find out what other organizations are doing to get more from their Cartegraph solutions and services. 3. Releases & Upgrades a. New Releases Be the first to know about all new Cartegraph releases, enhancements, and upgrades. L Your cloud -hosted site will be automatically upgraded by our System Consultants after the release is available. This way, you'll experience increased system performance while gaining timely access to the latest features and functionality. ii. For your on -Premises Installation, our Technical Consultants will work with your organization's IT staff to receive the latest software release in a timely manner. This way, you'll experience increased system performance while gaining prompt access to the latest features and functionality b. Hot Fixes If an issue is determined to be a defect and falls outside the standard release cycle, Cartegraph will issue a hot fix and provide application specialists with detailed levels of product knowledge to work with you in achieving a timely and effective resolution Cartegraph will provide the Support Services only to Customer, provided that Cartegraph reserves the right to contact any third party as necessary to facilitate the delivery of Support Services or other services relating to the Solutions. Said support applies only to the most current version of the product and the previous version in succession. All Support Services are dependent upon the use by Customer of the Solutions in accordance with Cartegraph's documentation and specifications. Cartegraph is under no obligation to modify the Solutions so that the modified Solutions would depart from Cartegraph's published documentation and specifications for such Solutions. s 3 c CD E m m a� Q c w 0 c 0 U 0 x w 0 c �N �L 0 s 3 a N rn T Q N W Packet Pg. 102 9.B.c ADDENDUM TO CARTEGRAPH SOLUTIONS AGREEMENT, DATED MARCH 28, 2018 THIS ADDENDUM is dated today', and contains terms intended to supersede and clarify the terms set forth in that certain Cartegraph Solutions Agreement, to which this Addendum is attached and incorporated by this reference. Section 1 is hereby amended to read: c 1. TERM. The term of this Agreement shall begin upon the execution of an initial Purchase Agreement under this k Agreement and, unless earlier terminated as permitted herein, shall continue for the period of time w specified in that Purchase Agreement ("Initial Term"). The execution of any subsequently added Purchase c Agreement under this Agreement shall not extend the Initial Term unless otherwise expressly stated in N that Purchase Agreement. Agreement may be extended for an additional three (3) years upon the mutual o agreement of Cartegraph and the Customer. At the end of any term the the Customer reserves the right s to extend this agreement for a period of up to ninety (180) days for the purpose of securing a new a agreement. N 0) Section 5.4 is hereby amended to read: N 5.4 FEE INCREASES. W Cartegraph may increase the Fees applicable to Customer to the then -current prices for the next Renewal Term by providing notice of such increase at least 60 days before the beginning of such Renewal Term. c If after receiving such notice Customer wishes not to renew the Agreement for the next Renewal Term, 04 Customer must provide written notice to Cartegraph of Customer's intent not to renew this Agreement at least 60 days before the end of the Initial Term or any such Renewal Term. For any year beyond the "' J initial year, this Agreement is contingent upon the appropriation of sufficient funds by the Customer; no Q charges shall be assessed for failure of the Customer to appropriate funds in future contract years. }, Section 6.2 is hereby amended to read: 6.2 SERVICE DISCONTINUANCE. If Cartegraph at any time discontinues offering any Solutions or any Services to new customers, Cartegraph will give Customer reasonable advance notice, no less than one hundred and twenty (120) days of such discontinuation. Upon such date of discontinuation, Cartegraph will have the right to terminate this Agreement as to those Solutions or Services upon notice to Customer. As of the date of termination, Cartegraph will credit to Customer, on a pro -rated basis, any pre -paid Fees under this Agreement and Cartegraph shall have no further obligation to provide the Solutions or any Service under this Agreement. Section 6.4 is hereby amended to read: 6.4 EFFECT OF TERMINATION. All Purchase Agreements shall terminate immediately upon termination of this Agreement. Upon termination or expiration of this Agreement for any reason, and following any applicable Transition Period: (a) Cartegraph may cease providing access to all Solutions and Services under this Agreement; (b) all subscriptions and other rights and licenses granted to Customer under this Agreement will terminate; (c) Customer will immediately cease all use of and access to all Solutions and Services; (d) all undisputed Fees and other amounts then owed by Customer under this Agreement will become immediately due and payable to Cartegraph; (e) Customer will immediately either return to Cartegraph or, at Cartegraph's discretion, destroy any Cartegraph Data and Cartegraph Confidential Information (each as defined below) then in Customer's possession or control; and (f) Cartegraph will either return to Customer or, at Customer's discretion, destroy any Customer Data and Customer Confidential Information) then in Cartegraph's possession or control. The following Sections will survive termination or expiration of this Packet Pg. 103 9.B.c Agreement for any reason: 5 (Fees and Payment), 6.4(Effect of Termination), 7 (Ownership), 10 (Disclaimer), 11 (Indemnification), 12 (Limitation on Liability), 14 (Confidentiality), 15 (Governing Law), 16 (Non -Solicitation), 17 (Force Majeure), 18 (Notice), and 19 (Additional Terms). Section 20 is hereby added to read: 20. VIRUS PROTECTION To the extent that any computer equipment is used by Cartegraph in conjunction with the Services and Cartegraph provides software or equipment to Customer of Buffalo Grove, Cartegraph must use up-to- date anti -virus software on all such equipment and systems, which shall constitute commercially reasonable efforts to deliver all software and equipment virus free. As used in the preceding sentence, "up-to-date anti -virus software" shall mean that Cartegraph uses virus definition files made available by the anti -virus software publisher no more than seven (7) days prior to the date of the complained of incident. Cartegraph must have approved anti -virus protection software and update virus definition files on a weekly basis, unless a new or variant virus or malicious code is identified by Customer of Buffalo Grove and communicated to Cartegraph and in such case, the updates will occur daily. All storage media will be scanned on a daily basis or files will be scanned on a real time basis by virus protection software as those files are accessed, and any infected files will be immediately deleted. Cartegraph will be responsible for making any and all configuration changes or purchases, which may be required, based on the above referenced Customer of Buffalo Grove evaluation. It is the responsibility of Cartegraph to ensure timely updates, patches, etc., and to ensure their software and protection remains current (as specified above). With respect to software deliverables, immediately before delivering them to Customer of Buffalo Grove, Cartegraph will scan such deliverables for viruses with the most recent virus definition files available from the anti -virus software publisher. If Cartegraph fails to perform any obligation set forth in this section and if as a result, the software deliverable or interfacing equipment introduces a virus into Customer of Buffalo Grove's system(s), Cartegraph will be responsible for any costs in removing the virus from the affected system(s), in addition to being liable for other damages resulting from such introduction. Section 21 is hereby added to read: 21. Calendar Days and Time. Unless otherwise provided in this Agreement, any reference in this Agreement to "day" or "days" shall mean calendar days and not business days. If the date for giving of any notice required to be given, or the performance of any obligation, under this Agreement falls on a Saturday, Sunday or federal holiday, then the notice or obligation may be given or performed on the next business day after that Saturday, Sunday or federal holiday. BY EXECUTING THIS ADDENDUM CUSTOMER ACKNOWLEDGES THAT IT HAS REVIEWED THE TERMS AND CONDITIONS ON THE FOLLOWING PAGES IN ADDITION TO ANY EXHIBITS AND PURCHASE AGREEMENTS AND CUSTOMER AGREES TO BE LEGALLY BOUND BY EACH SUCH AGREEMENT. Cartegraph Systems LLC By (Signature) Mitch Bradley (Type or print name) Title SVP of Sales & Marketing Date N Village of Buffalo Grove, IL By Title Date (Signature) (Type or print name) Packet Pg. 104 9.0 Ordinance No. 0-2019-38 : Ordinance Prohibiting the Retail Sale of Dogs and Cats at Pet Stores in the Village of Buffalo Grove ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Staff recommends approval. At the June 3, 2019 Committee of the Whole meeting, presentations for and against the prohibition of the sale of cats and dogs at pet stores were heard by the Village Board. Based on Village Board direction, an ordinance banning the sale of cats and dogs at pet stores has been drafted for consideration. ATTACHMENTS: • Board Memo (DOCX) • An Ordinance Prohibiting the Retail Sale of Dogs and Cats at Pet Stores (002) (DOC) Trustee Liaison Sussman Monday, June 17, 2019 Staff Contact Dane Bragg, Office of the Village Manager Updated: 6/12/2019 10:57 AM Page 1 Packet Pg. 105 9.C.a III III ,III AGE, F°"° IIBIII III °" III 0 GFROVE LTi1:1&N:L1011bill TAI DATE: June 12, 2019 Is TO: Village President Beverly Sussman and Trustees FROM: Dane Bragg, Village Manager , SUBJECT: Ordinance Prohibiting the Retail Sale of Cats and Dogs at Pet Stores Policy Question Should the Village Board consider prohibiting the retail sale of cats and dogs at pet stores in the Village of Buffalo Grove? Background Beginning in August 2018, the Village Board heard presentations from Buffalo Grove resident Denice Bocek, the Illinois Pet Lovers Association, the Humane Society of the United States, Paws Crossed Rescue Resource, Pocket Puppies pet store and residents and stakeholders. On October 15, 2018, the Village Board passed a six-month moratorium banning the sale of cats and dogs at pet stores. The moratorium was extended for 90 days by Village Board action on April 15, 2019. On June 3, 2019, presentations for and against the prohibition of the sale of cats and dogs at pet stores were heard by the Village Board at the Committee of the Whole meeting. Presentations were made by Denice Bocek, resident, and Curt Fiedler, representing the Illinois Pet Lovers Association. Based on Village Board direction, an ordinance banning the sale of cats and dogs has been drafted for consideration at the June 17, 2019 regular meeting. It should be noted that, during presentations considering a ban on the sale of cats and dogs, it was recommended to include cat and dog adoption as a measure within the ordinance. Based on review and discussion by the Village Attorney, it is advised that this provision remain silent in the ordinance (as attached). The prohibition ordinance would not impact dog and cat adoption services occurring in pet stores or other locations. Also, a request was received from Lorianne Kloss (address unknown) to include a prohibition on the sale of rabbits at pet stores in the proposed ordinance. The ordinance as presented does not include a prohibition on the sale of rabbits, however, it can be amended should a majority of the Village Board wish to do so. Next Steps If the ordinance is passed by a majority of the Village Board, it shall become effective immediately. If the ordinance does not pass, the current moratorium will expire on July 15, 2019. Page 1 of 1 Packet Pg. 106 9.C.b ORDINANCE NO. 2019 - AN ORDINANCE PROHIBITING THE RETAIL SALE OF DOGS AND CATS AT PET STORES IN THE VILLAGE OF BUFFALO GROVE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, on August 6, 2018, at the Village Board meeting, a policy question was asked whether the Village of Buffalo Grove should prohibit or regulate the sale of pets in pet stores within its corporate limits; discussion on the policy question followed; and WHEREAS, the Village Board heard in a series of meetings, various positions on the policy question as presented by numerous citizens; and WHEREAS, the Village Board has researched the regulations on the retail sale of dogs and cats at Pet Stores in the Village; and WHEREAS, the Village Board finds that it is in the best interests of public health, safety and welfare of the residents of the Village to prohibit the retail sale of dogs and cats or�u ,tl Pet Stores in the Village of Buffalo Grove; and WHEREAS, a Pet Store shall mean a retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. 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 recitals are hereby adopted and incorporated into and made a part of this Ordinance as if fully set forth herein. Section 2. There is hereby established a prohibition of the retail sale of any dogs and cats at Pet Stores in the Village of Buffalo Grove. Section 3. That consistent with this prohibition, Title 6, Animals, of the Village Code shall be amended as follows: Chapter 6.12.190 Prohibition of Retail Sales of Dog and Cats - It shall be unlawful for any Pet Store in the Village to sell any dog or cat. Pet Store is defined as a retail establishment where dogs and/or cats are sold, bartered or offered for sale as pet animals to the general public at retail. Packet Pg. 107 9.C.b 6.12.190.010 Violation / Penalties — Any violation of this Chapter shall be punishable as provided in Section 1.08 and/or 1.12 of this Code. Section 4. 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 5. This Ordinance shall be in full force and effect from and after its passage and approval. AYES: NAYES: ABSENT: PASSED: , 2019 APPROVED: , 2019 I_\99I'll III��I Beverly Sussman, Village President ATTEST: Janet Sirabian, Village Clerk F:\PTBrankin\Buffalo Grove, Village\Ordinances\An Ordinance Prohibiting the Retail Sale of Dogs and Cats at Pet Stores.doc Packet Pg. 108