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2021-01-19 - Village Board Regular Meeting - Agenda PacketFifty Raupp Blvd Buffalo Grove, IL 60089-2100 Phone: 847-459-2500 A. Open Meetings Act Compliance Pursuant to Public Act 101-0640 as well as the Disaster Proclamation and Executive Orders issued by Governor Pritzker, this meeting will be held electronically by utilizing the Zoom link below. Zoom Link: www.vbg.org/januaury19meeting Phone Number: 312-626-6799 Meeting ID: 868 5260 8055 Instructions for how the public can see, listen and/or participate in meetings are listed immediately below this statement. In accordance with the Open Meetings Act, any person shall be permitted an opportunity to address public officials under the rules established and recorded in the Buffalo Grove Municipal Code. The Village President reserves the right to alter the order of the appearance of speakers to maintain decorum during the meeting. B. Pledge of Allegiance 2. Approval of Minutes A. Village Board - Regular Meeting - Jan 4, 2021 7:30 PM 3. Approval of Warrant A. Approval of Warrant #1324 (Trustee Weidenfeld) (Staff Contact: Chris Black) 4. Village President's Report A. R-2021-2 Resolution Extending Executive Order 2021-01 (President Sussman) (Staff Contact: Dane Bragg) 5. Village Manager's Report 6. Special Business 7. Reports from Trustees 8. Consent Agenda All items listed on the Consent Agenda, which are available in this room this evening, are considered to be routine by the Village Board and will be enacted by one motion. There will be no separate discussion of these items unless a Board member or citizen so requests, in which event, the item will be removed from the General Order of Business and considered after all other items of business on the Regular Agenda under New Business. (Attached). A. R-2021-3 Resolution Relating to the Semi -Annual Review of Closed Session Minutes (Clerk Sirabian) (Staff Contact: Dane Bragg) SUMMARY: The Corporate Authorities have determined that the closed session minutes noted in the attached resolution require confidential treatment. B. Authorization to Waive Bids and to Purchase Replacement Beds (Trustee Smith) (Staff Contact: Mike Baker) SUMMARY: Staff recommends a waiver of bids and authorization to purchase Sleep Number Adjustable Beds, at a price not to exceed $31,106.08 from Sleep Number Corporation. The full cost of this purchase will be funded through the Foreign Fire Tax Board. C. Approval of 600 McHenry Road Development Improvement Agreement (Trustee Stein) (Staff Contact: Ted Sianis) SUMMARY: The owner of 600 McHenry Road is proposing to reconstruct the existing building, requiring the approval of a Development Improvement Agreement. Staff recommends approval of the Development Improvement Agreement subject to the final engineering and Village Attorney review. 9. Ordinances and Resolutions A. 0-2021-6 Ordinance Authorizing the Waiver of Bids and Authorization to Purchase Liquid De -Icing "Beet Heet" (Trustee Pike) (Staff Contact: Brett Robinson) B. R-2021-4 Resolution Authorizing Village Manager to Execute an Intergovernmental Agreement with Northwest Central Dispatch System for Federal Funds to Support the CAD/RMS Project (Trustee Smith) (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 REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE HELD IN THE VILLAGE HALL, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS, AND VIA AUDIO/VIDEO CONFERENCING MONDAY, JANUARY 4, 2021 CALL TO ORDER President Sussman called the meeting to order at 7:30 P.M. This meeting is being conducted in person and via audio and video conferencing. ROLL CALL Roll call indicated the following present in person and via audio/video conference: President Sussman; Trustees Ottenheimer, Weidenfeld, Johnson, Smith and Pike. Trustee Stein was present at Village Hall. d 3 Also present via audio/video conference were: Dane Bragg, Village Manager, Patrick Brankin, Village Attorney, Jenny Maltas, Deputy Village Manager; Chris Stilling, Deputy Village Manager; Chris Black, Director of Finance, Evan Michel, Management Analyst; Mike Skibbe, Director of Public Works; Nicole Woods, Deputy C Community Development Director; Brett Robinson, Director of Purchasing; Police Chief Casstevens; and C Deputy Fire Chief Wagner. a a APPROVAL OF MINUTES Q 2 Moved by Ottenheimer, seconded by Johnson, to approve the minutes of the December 7, 2020 Rescheduled Regular Meeting. Upon roll call, Trustees voted as follows: M ti AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike c NAYS: 0 — None N Motion declared carried. le WARRANT #1323 Mr. Black read Warrant #1323. Moved by Smith, seconded by Stein, to approve Warrant #1323 in the amount of $5,111,801.52 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 introduced Resolution No. 2021-1 extending Executive Order 2020-12. Mr. Bragg reviewed the proposed resolution. Moved by Weidenfeld, seconded by Ottenheimer, to pass Resolution No. 2021-1, extending Executive Order 2020-12. Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. VILLAGE MANAGER'S REPORT Mr. Bragg has no report this evening other than to wish everyone a healthy and Happy New Year. Packet Pg. 4 2.A There were no reports from Trustees. CONSENT AGENDA REPORTS FROM TRUSTEES 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; there were no such requests. The Village Clerk read a brief synopsis of each of the items on the Consent Agenda. Ordinance No. 2021-01— Liquor Controls Motion to pass Ordinance No. 2021-01, amending Chapter 5.20 — Liquor Controls. The Class A liquor license issued to Dvash, Inc. d/b/a Bait Caf6 at 706 Buffalo Grove Road is hereby rescinded. The business has been sold. Ordinance No. 2021-02 — Liquor Controls Motion to pass Ordinance No. 2021-02, amending Chapter 5.20 - Liquor Controls. The Class B liquor license issued to Chanprung, LLC d/b/a/ Fuji Thai at 1000 Weiland Road is hereby rescinded. The business has opted not to renew their license. Moved by Ottenheimer, seconded by Smith, to approve the Consent Agenda. Upon roll call, Trustees voted as follows on the Consent Agenda: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. ORDINANCE NO. 2021-3 — SPOERLEIN COMMONS Moved by Johnson, seconded by Smith, to pass Ordinance No. 2021-3, amending Ordinance No. 83-8 for a new outbuilding, Special Use for a drive -through facility, and a Preliminary Plan approval with variations to the Zoning Ordinance and Sign Code at Spoerlein Commons Planned Development at 1131-1271 McHenry Road, in accordance with materials contained in Board packets. Mr. Stilling reviewed the proposed ordinance, details of which are contained in his memo to Mr. Bragg of December 31, 2020, after which he answered questions from the Board. Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. ORDINANCE NO. 2021-4 — SOFTWARE Moved by Weidenfeld, seconded by Johnson, to pass Ordinance No. 2021-4, authorizing the Village Manager to execute a contract with BSnA for Community Development software, in accordance with materials contained in Board packets. Mr. Stilling reviewed the proposed ordinance, details of which are contained in his memo to Mr. Bragg of December 21, 2020, after which he answered questions from the Board. Board members thanked Mr. Robinson and the team for their efforts and hard work that they put into getting this contract. This upgrade is long overdue and will make the process more professional and convenient for developers and residents as well. N d 3 C 0 �o 0 a a Q a 0 M ti Packet Pg. 5 2.A Upon roll call, Trustees voted as follows: AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. BUSINESS ASSISTANCE PROGRAM Mrs. Woods led the continued discussion as to whether or not the Board wishes to provide Business Assistance Program, summarizing the four options proposed and the feedback that staff is looking for from the Board, details of which are contained in the memo that she and Mr. Stilling sent to Mr. Bragg of December 31, 2020. • Program 1: Waive Business License Fees - $130,000 • Program 2: Reduce Liquor License Fees for On -Premise Users - $45,000 • Program 3: Discount Restaurant's Local Food and Beverage Tax Payments - $150,000-$180,000 • Program 4: Restaurant Grant - $125,000 Lengthy Board discussion followed, with Trustees noting the following pros and cons of each Program: • It was noted that the business license fee waiver would be of little help to a business, but would have a significant impact on the Village budget • It was suggested that we should do something substantial or do nothing at all • Any relief funds would significantly impact the Village budget, which has already been reduced by $1.9 million dollars through cost -saving measures • There is a fiscal responsibility to residents, many of whom are also severely impacted by the pandemic • Discounting food and beverage tax payment would also be of little help to a business, but would have a significant impact on the Village budget • Efficiency in administering a relief program by Village staff, which has already been reduced • Even though a grant would be of help, it is still not enough to save a business from failing, yet would have a significant impact on the Village budget • Neighboring municipalities are not offering assistance • None of these proposals are significant enough to make a difference in whether or not a business fails or succeeds • Since restaurants are closed and cannot sell liquor, there is some merit in discounted liquor licenses • Local municipalities are not in the business of rescuing businesses — relief should come from state or federal government • Discounted liquor licenses would be in order, especially since Buffalo Grove is enforcing the Governor's order of no indoor -dining, while many surrounding municipalities are not • Video gaming licenses should also be considered, since the facilities that use them are closed • The Board wants to help all businesses that are struggling, but also needs to consider the impact on all residents Mr. Bragg summarized the discussion, noting that it appears that there is only consensus for relief on liquor and video gaming licenses, and he would propose to bring this back to the Board at a February or March Committee of the Whole meeting. 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 Johnson, seconded by Weidenfeld, to adjourn the meeting. Upon roll call, Trustees voted as follows: Packet Pg. 6 2.A AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike NAYS: 0 — None Motion declared carried. The meeting was adjourned at 8:39 P.M. Janet M. Siiabian, Village Clerk APPROVED BY ME THIS 19t' DAY OF January 2021 Village President N d 3 C 0 �o 0 L. Q Q Q a 0 M ti Packet Pg. 7 3.A Action Item : Approval of Warrant #1324 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. TOTAL WARRANT #1324 $1,386,847.89 ATTACHMENTS: • W# 1324 SUMMARY (PDF) Trustee Liaison Weidenfeld Tuesday, January 19, 2021 Staff Contact Chris Black, Finance Updated: 1/14/2021 3:49 PM Page 1 Packet Pg. 8 3.A.a VILLAGE OF BUFFALO GROVE WARRANT #1324 19-Jan-21 General Fund: 659,575.84 Parking Lot Fund: 459.09 Motor Fuel Tax Fund: 0.00 Debt Service Fund: 0.00 School & Park Donations 0.00 Capital Projects -Facilities: 33,193.73 Capital Projects -Streets: 47,930.40 Health Insurance Fund: 0.00 Facilities Development Debt Service Fund: 0.00 Retiree Health Savings (RHS): 23,095.14 Water Fund: 441,914.62 Buffalo Grove Golf Fund: 344.96 Arboretum Golf Fund: 4,635.17 Refuse Service Fund: 0.00 Information Technology Internal Service Fund: 1075777.56 Central Garage Internal Service Fund: 29,307.57 Building Maintenance Internal Service Fund: 38,613.81 1,386,847.89 PAYROLL PERIOD ENDING 01/07/2021 1,133,777.43 1,133, 777.43 TOTAL WARRANT #1324 2,520,625.32 APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Village Clerk Village President Packet Pg. 9 4.A Resolution No. R-2021-2 : Resolution Extending Executive Order 2021-01 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. Executive Order 2021-01 dated January 8, 2021 issued by Village President Beverly Sussman is hereby extended. Said extension shall be coterminous with the COVID-19 disaster proclamation issued by Governor J.B. Pritzker unless further amended or modified. ATTACHMENTS: • Resolution Extending the Local Disaster Emergency Proclamation 2021.01.1 (DOCX) • 1.8.21 EO (DOCX) Trustee Liaison Sussman Tuesday, January 19, 2021 Staff Contact Dane Bragg, Office of the Village Manager Updated: 1/12/2021 10:59 AM Page 1 Packet Pg. 10 4.A.a RESOLUTION EXTENDING EXECUTIVE ORDER 2021-01 WHEREAS, on January 8, 2021, Village President, Beverly Sussman, issued Executive Order 2021-01 based upon the COVID-19 pandemic; WHEREAS, the diagnosed cases of COVID-19 in the local area and the State of Illinois continue to increase; WHEREAS, Illinois Governor J.B. Pritzker declared all counties in the State of Illinois as a disaster area on March 9, 2020 and further extended that declaration until February 6, 2021; and; WHEREAS, it is necessary and appropriate for the Village of Buffalo Grove to continue to take measures to protect the public's health in response to the COVID-19 outbreak; WHEREAS, the Village Board finds that the present situation requires the extension of the Village President's Executive Order 2021-01; NOW, THEREFORE, be it resolved as follows: Executive Order 2021-01 dated January 8, 2021 issued by Village President Beverly Sussman is hereby extended. Said extension shall be coterminous with the COVID-19 disaster proclamation issued by Governor J.B. Pritzker unless further amended or modified. This Resolution shall be filed with the Village Clerk as soon as is practical and spread of record to all appropriate agencies. AYES: NAYES: ABSENT: Passed , 2021 Approved , 2021 Approved: Beverly Sussman, Village President Attest: Janet Sirabian, Village Clerk C:Ausers\micheecAappdata\roaming\igm2\nvnutetraq\buffalogrovevillageil(aDbuffalogrovevillageil.igm2.com\work\attachments\6292.doex Packet Pg. I I 4.A.b January 8, 2021 EXECUTIVE ORDER 2021-01 AMENDMENT TO EXECUTIVE ORDERS 2020-01, 2020-03, 2020-04, 2020-05• 2020-06, 2020-07, 2020-08, 2020-09, 2020-10, 2020-11, and 2020-12 WHEREAS, on March 17, 2020, I issued Executive Order 2020-01 in response to the COVID- 19 Pandemic; and WHEREAS, on April 23, 2020, I issued Executive Order 2020-03 in response to the COVID- 19 Pandemic; and WHEREAS, on April 26, 2020, I issued Executive Order 2020-04 in response to the COVID- 19 Pandemic; and WHEREAS, on May 28, 2020, I issued Executive Order 2020-05 in response to the COVID- 19 Pandemic; and WHEREAS, on June 26, 2020, I issued Executive Order 2020-06 in response to the COVID- 19 Pandemic; and WHEREAS, on July 24, 2020, I issued Executive Order 2020-07 in response to the COVID- 19 Pandemic; and WHEREAS, on August 24, 2020, I issued Executive Order 2020-08 in response to the COVID-19 Pandemic; and WHEREAS, on September 21, 2020, I issued Executive Order 2020-09 in response to the COVID-19 Pandemic; and WHEREAS, on October 16, 2020, I issued Executive Order 2020-10 in response to the COVID-19 Pandemic; and WHEREAS, on November 16, 2020 I issued Executive Order 2020-11 in response to the COVID-19 Pandemic; and WHEREAS, on December 11, 2020 I issued Executive Order 2020-12 in response to the COVID-19 Pandemic; and WHEREAS, on January 8, 2021, the State of Illinois issued a new executive order and new guidance regarding the Stay at Home Order issued by Governor JB Pritzker as well as guidance regarding face coverings and said order is numbered 2021-01; and WHEREAS, I find that in order to maintain consistency and clarity as to the measures to be taken help reduce the spread of COVID-19 effectively and safely there should be consistency with the Governor's Order 2021-01 and my previous Orders; THEREFORE, by the powers vested in me as the President of Buffalo Grove, and pursuant to Section 2.56 of the Village Code, I hereby order the following: Section 1. Executive Orders 2020-01, 2020-03, 2020-04, 2020-05, 2020-06, 2020-07, 2020- N CR c a� E s U ca Q Packet Pg. 12 4.A.b 08, 2020-09, 2020-10, 2020-11 and 2020-12 are hereby amended to adopt and incorporate Governor Pritzker's Order 2021-01, a copy of which is attached hereto as Exhibit A and adopted herein by this reference. Section 2. All provisions of the prior Executive Orders 2020-01 and 2020-03, 2020-04, 2020- 05, 2020-06,2020-07, 2020-08, 2020-09, 2020-10, 2020-11 and 2020-12 I have issued are repealed except as specifically set forth below. Section 3. The Village of Buffalo Grove Village Hall and all Village public lobbies, offices and meeting rooms in public buildings are hereby closed except for essential services which shall be continued to be provided. The Village Manager may also open these facilities at his discretion. In the event that in -person service is needed, residents are to schedule an appointment using the information that is set forth on the Village website. The Village Manager may schedule Board and Commission meetings necessary to conduct Village business, at his discretion. Said meetings may occur telephonically, virtually or in person, in accordance with the Governor's Orders and state law. Section 4. All activities of soliciting, as defined in Chapter 5.24 of the Buffalo Grove Municipal Code, are hereby prohibited until further notice. Section 5. Any individual who is over age two and able to medically tolerate a face covering (a mask or cloth face covering) shall be required to cover their nose and mouth with a face covering at all times when in a public place or when outdoors and unable to maintain a six- foot social distance. A business owner or operator shall refuse admission or service to any individual who fails to wear face coverings as required by this Order. Additionally, all businesses subject to this Order shall post a notice at all public entrances, stating "Entrance Prohibited Without Face Covering". Said notice shall be visible by the public prior to entering the establishment and shall be in bold text a minimum of 75 type font in size and in the color and type attached hereto as Exhibit B. Section 6. Restaurants. Consistent with the guidelines issued by the State of Illinois and attached hereto as Exhibit C and any Amendments thereto, restaurants may allow dining, including consumption of liquor subject to approval by the Liquor Control Commissioner. The Village Manager may promulgate rules governing the operation of restaurants including, but not limited to, sanitation, dining areas, permits, license, hours of operation and public health requirements as required during the duration of this Order. Section 7. Penalty. The Village of Buffalo Grove Police Department and Community Development Department are authorized to enforce this Executive Order. In addition to other remedies the Village may seek, any violation of this Executive Order may subject the violator to a penalty as set forth in Chapters 1.08 and 1.12 of the Village Code. Section 8. Golf courses are permitted to operate within the restrictions of Executive Order 2020-59 and any restrictions published by the Illinois Department ofCommerce and Economic Opportunity. Section 9. This Executive Order shall be distributed in accordance with the Village Code. Section 10. This Executive Order shall expire not later than the adjournment of the first regular meeting of the Corporate Authorities after the date of this Order unless sooner terminated by (Z"I. ^ 4 Ld Beverly Sussma cage President Packet Pg. 13 4.A.b Proclamation of the Village President or unless amended or extended pursuant to the Village Code. STATE OF ILLINOIS ) COUNTY OF LAKE ) SS. ACKNOWLEDGEMENT I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that Beverly Sussman, the Village President of the Village of Buffalo Grove, personally known to me, appeared before me, under oath, this day in person and acknowledged that in such capacity she signed and delivered the said instrument, as her free and voluntary act of the uses and purposes therein set forth. GIVEN under my hand and notarial seal this 8th day of January, 2021. Packet Pg. 14 8.A Resolution No. R-2021-3 : Resolution Relating to the Semi -Annual Review of Closed Session Minutes ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: The Corporate Authorities have determined that the closed session minutes noted in the attached resolution require confidential treatment. ATTACHMENTS: • RESOLUTION - 011921 (DOC) Trustee Liaison Ms. Sirabian Tuesday, January 19, 2021 Staff Contact Dane Bragg, Office of the Village Manager Updated: 1/11/2021 11:26 AM Page 1 Packet Pg. 15 8.A.a RESOLUTION No. 2021- RESOLUTION RELATING TO THE SEMI-ANNUAL REVIEW OF CLOSED SESSION MINUTES BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, pursuant to Section 2.06 of the Open Meetings Act: SECTION ONE: On December 7, 2020, the Corporate Authorities of the Village voted to approve the following Closed Session minutes: September 21, 2020 November 16, 2020 SECTION TWO: The Corporate Authorities of the Village determine that the need for confidentiality still exists with regard to the approved minutes listed in Section One. SECTION THREE: This Resolution shall be in full force and effect from and after its passage and approval. I.&IM*`j I0k1%,00 ABSENT: PASSED AND APPROVED this 19th day of January _2021 ATTEST: Janet Sirabian, Village Clerk Beverly Sussman, Village President 1 Packet Pg. 16 8.B Action Item : Authorization to Waive Bids and to Purchase Replacement Beds ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: Staff recommends a waiver of bids and authorization to purchase Sleep Number Adjustable Beds, at a price not to exceed $31,106.08 from Sleep Number Corporation. The full cost of this purchase will be funded through the Foreign Fire Tax Board. ATTACHMENTS: • FFT Purchase Memo -Baker revisions (DOCX) • Sleep Number - Updated (PDF) Trustee Liaison Smith Tuesday, January 19, 2021 Staff Contact Mike Baker, Fire Updated: 1/15/2021 8:04 AM Page 1 Packet Pg. 17 8.B.a VILLACE OF MEMORANDUM DATE: January 15, 2021 TO: Dane Bragg, Village Manager FROM: Mike Baker, Fire Chief SUBJECT: Fire Department Bed Purchase Background Each Buffalo Grove Fire Station is outfitted with beds for on duty shift personnel, all of which are approaching 10 years old and are experiencing maintenance issues. After receiving three quotes directly through the manufacturers for comparable products, the Sleep Number Corporation was identified as the lowest cost supplier for replacement adjustable beds. During its November 5, 2020 meeting, the Buffalo Grove Foreign Fire Tax (FFT) Board approved funding not to exceed $31,000 for the purchase of 23 adjustable beds and associated supplies from the Sleep Number Corporation. The initial purchase of these beds was split between the fire department and the FFT Board, with this purchase being funded wholly by the FFT. If authorized by the Village Board, this purchase would replace all of the beds currently in place in Fire Stations 25, 26, and 27. Vendor Total Price Sleep Number $30,106.08 Air-Pedic $31,009.00 Personal Comfort $39,042.06 Recommendation Staff recommends authorization to purchase Sleep Number Adjustable Bed, at a price not to exceed $31,106.08 from Sleep Number Corporation in Minneapolis, MN as detailed in the attached quotation. 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O y bA c Y + O O X w Q) n3 i 11L1 co N O -0 Y D 0 w N m ro N I N I N I N I N I N E N O V N 4 76 E U 3 C (D CL a) (0 O M � Q n M a)Ll0 Ln O to Z O0j �, ns v � M 0 > p m v -0 Q - o M E E a .0 c0 o E s Q rl CD o z H v ai -I V of rl c cB oa � w o a N Q) au Y QJ L v Qr > a .c 0 0 QJ 0 Ql Q1 Q�J � a) E is H c a N a1 Q1 � m Q a1 a m m a 8.0 Action Item : Approval of 600 McHenry Road Development Improvement Agreement ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: The owner of 600 McHenry Road is proposing to reconstruct the existing building, requiring the approval of a Development Improvement Agreement. Staff recommends approval of the Development Improvement Agreement subject to the final engineering and Village Attorney review. ATTACHMENTS: • Animal Hospital Memo_1-6-2021 (DOCX) • Buffalo Grove AH EOPC 18DEC20 (PDF) • 20039-final-R2 (PDF) • DIA Animal Care Center 600 McHenry Rd (DOCX) Trustee Liaison Stein Tuesday, January 19, 2021 Staff Contact Ted Sianis, Engineering Updated: 1/14/2021 3:24 PM Page 1 Packet Pg. 20 8.C.a VILLACE OF MEMORANDUM DATE: January 14, 2021 TO: Dane Bragg, Village Manager FROM: Ted Sianis, Civil Engineer II SUBJECT: Animal Hospital of Buffalo Grove Development Improvement Agreement i The Animal Hospital of Buffalo Grove, owners and developers of 600 McHenry Rd proposed a building addition for their new business located at the southwest corner of IL-83 and Buffalo Grove Road. Due to structural issues with the existing building, a new building will be built in the same location as the existing building. This new construction now requires a Development Improvement Agreement. The Development Improvement Agreement, or DIA, is an agreement between the Developer and the Village and identifies the items to be constructed by the developer on the project site in addition to the building addition. Typical items include the stormwater management, parking lot, and all of the utilities such as water main and sanitary sewer. With this agreement, the developer agrees to provide security as required in the Village Code until the developer completes the required items. Stormwater management is not required of this development. Packet Pg. 21 8.C.b 8 1. IIII uuStreet S t.�f a Ilf 1 �" r _ � ��w� � �� ruu��P�t„, Illllllluum��w�� illlw)° �� , 0- 8�P!!I -811P!! ll �Im4 ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST PROJECT: BUFFALO GROVE ANIMAL HOSPITAL LOCATION: BUFFALO GROVE, IL PROJECT NO.: 20-039 CLIENT: RWE MANAGEMENT BURR RIDGE, IL DATE PREPARED: 15-Dec-20 LAST REVISED: 16-Dec-20 PREPARED BY: TPP CHECKED BY: WJZ Packet Pg. 22 8.C.b FILE NAME:20039-EOPC.xls 12/18/2020 I BUFFALO GROVE ANIMAL HOSPITAL I UNIT ITEM QNTY UNIT PRICE AMOUNT 1. 1.5" H.M.A. BITUMINOUS SURFACE COURSE 130 S.Y. $ 30.00 $ 3,900.00 2. 2.5" H.M.A. BITUMINOUS BINDER COURSE 130 S.Y. $ 29.00 $ 3,770.00 3. GRIND & RESURFACE EXISTING PAVEMENT 400 S.Y. $ 30.00 $ 12,000.00 4. STRIPING, WHEEL STOPS 1 L.S. $ 1,600.00 $ 1,600.00 5. SIGN PANELS WITH POST 2 EACH $ 400.00 $ 800.00 6. REMOVE & REPLACE SIDEWALK 50 SF $ 12.00 $ 600.00 7. REMOVE & REPLACE C&G 10 L.F. $ 50.00 $ 500.00 8. 4-INCH WATER SERVICE 160 L.F. $ 80.00 $ 12,800.00 9. 4-INCH PRESSURE CONNECTION 1 EACH $ 8,500.00 $ 8,500.00 10. TRENCH BACKFILL 160 L.F. $ 22.00 $ 3,520.00 11. SILT FENCING 315 L.F. $ 2.50 $ 787.50 12. INLET EROSION CONTROL 2 EACH $ 375.00 $ 750.00 13. CONCRETE WASHOUT AREA 1 EACH $ 1,250.00 $ 1,250.00 Engineer's Opinion of Probable Costs = $ 50,777.50 10% CONTINGENCY = $ 5,077.75 Letter of Credit Amount at 108% _ $ 60,324.00 Engineering Review Fee = $ 1,778.00 Letter of Cr e-d- t Arn�unt - 5r Minimum 5, CASH Deposit - $................ 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NOW, THEREFORE, it is mutually agreed as follows: 1. Developer shall furnish, or cause to be furnished, at their own cost and expense, all the necessary material, labor, and equipment to complete the improvements listed on Exhibit "B" attached hereto, and all other site improvements not specifically set forth, which are required by applicable ordinances or agreements (collectively, the "Improvements"), all in a good and workmanlike manner and in accordance with all pertinent ordinances and regulations of the Village and in accordance with the Plans (including any subsequent revisions requested by the Developer and approved in writing by the Village pursuant to the Village's Development Ordinance). All utility lines and services to be installed in the street shall be installed prior to paving. 1 Packet Pg. 31 8.C.d 2. Attached hereto as Exhibit "D" is a complete cost estimate for the construction of the improvement described in Exhibit "B" hereto. No later than three (3) business days following the execution of this Agreement and prior to the issuance of Village Permits, the Developer shall deposit a Letter of Credit acceptable to and in a form and substance approved by the Village in the original amount of Fifty Five Thousand Three Hundred Twenty Four and 00 100 Dollars ($55,324.00), as further described in Paragraph 9 herein (the "Letter of Credit"). 3. All work shall be subject to inspection by and the approval of the Village Engineer. It is agreed that the contractors who are engaged to construct the Improvements are to be approved by the Village Engineer and that such approval will not be unreasonably withheld. 4. The Developer has paid or will pay the Village a Review and Inspection Fee, as required by Ordinance. It is understood that said fee is based on the amount of the contracts or cost estimate for those items in Exhibit "B". 5. Prior to the time the Developer or any of its contractors begin any of the work provided for herein, the Developer, and/or its contractors shall furnish the Village with evidence of insurance covering their employees in such amounts and coverage as is acceptable to the Village. Nothing herein shall waive any immunities the Village May assert in response to or defense of any such claim. In addition, by its execution of this Agreement, the Developer agrees to protect, indemnify, save and hold harmless, and defend the Village and its employees, officials, and agents, against any and all claims, costs, causes, actions, and expenses, including but not limited to reasonable attorney's fees incurred by reason of a lawsuit or claim for damages or compensation arising in favor of any person, corporation or other entity, including the employees or officers or independent contractors or sub- contractors of the Developer or the Village, on account of personal injuries or death, or damages to property occurring, growing out of, incident to, or resulting directly or indirectly, from the performance of the work of the Developer, independent contractors or sub -contractors or their officers, agents, or employees. The Developer shall have no liability or damages for the costs incident thereto to the extent caused by the sole negligence or intentional misconduct of the Village, its independent contractors or sub- contractors or their officers, agents, or employees. 2 Packet Pg. 32 8.C.d 6. Subject to Force Majeure (as defined herein), Developer shall cause the Improvements to be completed within twenty-four (24) months following the date of this Agreement (except any Improvements for which specified time limits are noted on the Plans, which shall be completed within the specified time limits shown on the Plans). "Force Majeure" as used herein shall mean a delay in Developer's performance hereunder caused by a strike or labor problem, energy shortage, governmental pre-emption or prescription, national emergency, or any other cause of any kind beyond the reasonable control of Developer. If work is not completed within the time prescribed herein, the Village shall have the right to call upon the Letter of Credit, in accordance with its terms, for the purpose of completing the Improvements. Upon completion of the Improvements herein provided for, as evidenced by the certificate or certificates of the Village President and Board of Trustees, the Village shall be deemed to have accepted said Improvements, and thereupon, the Letter of Credit shall automatically be reduced to serve as security for the obligations of the Developer as set forth in Paragraph 7 hereof. The Developer shall cause its consulting engineers to correct drawings to show work as actually constructed and said engineers shall turn over high quality Mylar reproducible copies thereof to the Village to become the Village's property prior to acceptance of the Improvements by the President and Board of Trustees. 7. The Developer, for a period of one year beyond formal acceptance by the Village of any Improvement, described in Exhibit "B" hereof, shall be responsible for maintenance, repairs and corrections to such Improvements which may be required due to failures or on account of faulty construction or due to the Developer's negligence and/or its contractors' negligence. The obligation of the Developer hereunder shall be secured by the Letter of Credit as further described in Paragraph 9 hereof. 8. It is agreed that no occupancy permit shall be granted by any official for the construction of any structure until all required utility facilities set forth in the Plans (to include, but not by way of limitation, sanitary sewer, water and storm sewer systems) have been installed and made ready to service the Property; and that all parking lots or access drives (to include curbs) set forth in the Plans that provide access to the Property have been completely constructed, except for the designed surface course. It is understood and agreed that building permits may be granted for buildings on specific lots to which utility facilities have been installed and made ready for service and to which parking lots or access drives have 3 Packet Pg. 33 8.C.d been constructed as described above, notwithstanding the fact that all improvements within the Development may not be completed. 9.A. The obligations of the Developer hereunder as to the deposit of security for the completion of the Improvements and the one year maintenance of said Improvements after acceptance by the Village (Paragraph 7) shall be satisfied upon delivery to the Village of a Letter of Credit in favor of the Village in a form acceptable to the Village, in the amount set forth in Paragraph 2 above. The Letter of Credit shall be made subject to this Agreement. The Developer hereby waives its option pursuant to 30 ILCS 550/3 and 65 ILCS 5/11-39-3 to utilize any type of security other than a Letter of Credit. B. In addition to the terms, conditions, and covenants of the Letter of Credit, the Village hereby agrees to draw funds or to call said performance guarantee under such security solely for the purpose of payment for labor and materials supplied or to be supplied, by engineers, contractors, or subcontractors, to, or for the benefit of the Developer or the Village, as the case may be, under the provisions of this Agreement and the said Improvements for which payment is being made shall have been completed, or will be completed, in substantial accordance with the Plans. C. The Village further hereby agrees that to the extent that the Developer causes the commitments of this Agreement to be completed, the outstanding liability of the issuer of the Letter of Credit shall during the course of construction of the Improvements, approximate the cost of completing all Improvements and paying unpaid contract balances for the completion of the Improvements referred to in this Agreement. Until all required tests have been submitted and approved by the Village for each of the construction elements including, but not limited to, earthwork, street pavements, parking area pavements, sanitary sewers and water mains (as applicable), a minimum of that portion of the surety for each element shall be subject to complete retention. All Improvements are subject to a minimum fifteen (15%) percent retention until final acceptance by the Village. D. In order to guarantee and warranty the obligations of Paragraph 7 herein, an amount equal to fifteen (15%) percent of the total amount of the Letter of Credit, or an amount equal to fifteen (15%) percent of the cost estimate of the individual Improvement(s) shall be retained in the Letter of W Packet Pg. 34 8.C.d Credit for a period of one-year beyond formal acceptance by the Village of the Improvement(s). E. As a portion of the security amount specified in Paragraph 2, the Developer shall maintain a cash deposit with the Village Clerk in the amount of Five Thousand Dollars ($5,000.00). If roads are not maintained with a smooth and firm surface reasonably adequate for access of emergency vehicles such as fire trucks and ambulances, or if any condition develops which is deemed a danger to public health or safety by the Village of Buffalo Grove due to the actions of the Developer or his failure to act; and after written notice of this condition, the Developer fails to immediately remedy the condition; then the Village may take action to remedy the situation and charge any expenses which results from the action to remedy the situation to the cash deposit. Upon notification that the cash deposit has been drawn upon, the Developer shall immediately deposit sufficient funds to maintain the deposit in the amount of Five Thousand Dollars ($5.000.00). If the Developer has not made the additional deposit required to maintain the total cash deposit within three (3) days from the date he received notice that such additional deposit was required, it is agreed that the Village may issue a Stop Work Order or also may revoke all permits which the Developer had been granted. This cash deposit shall continue to be maintained until the maintenance guarantee period has lapsed. The deposit may be drawn upon by the Village if the conditions of this Agreement are not met by the Developer within five (5) days after receipt of a written notice of noncompliance with the conditions of this Agreement, except in cases of danger to public health and safety as determined by the Village, in which case, the deposit may be drawn upon immediately following notice to the Developer and his failure to immediately remedy the situation. After termination of the one-year maintenance period and upon receipt by the Village Clerk of a written request for release of the deposit, the Village will either notify the Developer that the Improvements are not in a proper condition for final release of the deposit, or shall release the deposit within fifteen (15) days. F. In addition to the terms, covenants, and conditions of the Letter of Credit, the Developer hereby agrees that no reduction shall occur in the outstanding liability of the issuer there under, except on the written approval of the Village; however, in all events, the Village shall permit such Letter of Credit to expire, either by its terms, or by return of such Letter of Credit to the Developer, upon 61 Packet Pg. 35 8.C.d the expiration of one-(1) year from the acceptance of the Improvements referred to herein by the Village. To the extent that the provisions of Paragraph 9 herein, and of the Letter of Credit, permit the Village to draw funds under such Letter of Credit, the Village hereby agrees to reduce the outstanding liability of the issuer of the Letter of Credit to the extent that funds are disbursed. 10. Any Letter of Credit shall provide that the issuer thereof shall not cancel or otherwise terminate said security without a written notice being given to the Village between thirty-(30) days and forty-five (45) days in advance of termination or cancellation. 11. No occupancy permit shall be issued until all exterior lighting specified on Exhibit "C" is installed and operational. 12. The Developer acknowledges that he is responsible for the proper control of weeds, grass, refuse, and junk on all property which he owns within the Village in accordance with Chapter 8.32 of the Buffalo Grove Municipal Code. It is further agreed that the Developer shall continue to be responsible for the proper maintenance of any parcels of property for which the Developer transfers ownership to the Village until such time as the development's Improvements are accepted by the Village in writing in accordance with the provisions of this Agreement. If the Developer fails to perform his maintenance responsibilities established in either this paragraph or Chapter 8.32, the Village may provide a written notice to the Developer of the improper maintenance condition. If proper maintenance is not completed within ten (10) days after the Developer is provided this notice, the Village may perform the maintenance and deduct the costs of the maintenance from the cash deposit described in Paragraph 9E. 13. The Developer agrees that no Improvements constructed in conjunction with this project are sized or located in such a way as to warrant any recapture payment to the Developer pursuant to any applicable previous agreements. 14. This Agreement shall automatically terminate and be of no further force and effect with respect to Developer or the Property upon the expiration of the one year maintenance period, and upon such termination the parties hereto shall have no further obligations to the other, except for the Village's obligation to return the Letter of Credit and cash deposit to Developer or otherwise notify the issuer of Packet Pg. 36 8.C.d the Letter of Credit of the expiration of the Letter of Credit. The period commencing on the date set forth in the preamble to this Agreement and expiring on the expiration of the one year maintenance period is referred to herein as the "Term". 15. This Agreement and the obligations contained herein are in addition to, and not in limitation of, all other agreements between the Parties hereto including, without limitation, the Preliminary Plan Approval Ordinance No. dated , and the obligations contained therein. 16. Neither party shall cause this Agreement (or any memorandum hereof) to be recorded against the Property. IN WITNESS WHEREOF, the Village has caused this Agreement to be executed, as has the Developer, all as of the date first above written. VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation By Village President DEVELOPER: RWE Design Build 16 W 361 S. Frontage Rd, Suite 106 Burr Ridge, IL 60527 By: Name: Jason Sanderson Title: President 7 Packet Pg. 37 8.C.d Animal Care Center of Buffalo Grove (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT A LEGAL DESCRIPTION THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 32, AND THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 33, ALL IN TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTHWESTERLY OF THE CENTER LINE OF STATE AID ROUTE 16 (ILLINOIS ROUTE 83) AS PER PLAT RECORDED NOVEMBER 5, 1931 AS DOCUMENT 374979, AND WESTERLY OF THE CENTER LINE OF BUFFALO GROVE ROAD AS PER PLAT RECORDED APRIL 9, 1942 AS DOCUMENT 511635 DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINES OF THE AFORESAID ROUTE 83 AND BUFFALO GROVE ROAD, A DISATNCE OF 72.00 FEET; THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 87 DEGREES 30 MINUTES TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED LINE A DISTANCE OF 222.57 FEET; THENCE NORTHERLY ALONG A LINE FORMING AN ANGLE 90 DEGREES TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCIBED LINE, A DISTANCE OF 119.10 FEET; THENCE NOTH EASTERLY ALONG A LINE TO A POINT IN THE CENTER LINE OF SAID ROUTE 83, SAID POINT BEING 162.45 FEET NORTHWESTERLY AS MEASURED ALONG SAID CENTER LINE OF THE INTERSECTION OF SAID ROUTE 83 AND BUFFALO GROVE ROAD; THENCE SOUTHEASTERLY ALONG THE CENTER LINE OF SAID ROUTE 83, 162.45 FEET TO THE PLACE OF BEGINNING, IN LAKE COUNTY, ILLINOIS, EXCEPTH THAT PART TAKEN BY THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION BY EMINENT DOMAIN IN CASE NO.84ED1. KNOWN AS: 600 MCHENRY ROAD, BUFFALO GROVE, ILLINOIS PERMANENT INDEX NUMBER: 15-32-200-024-0000 AREA = 22,716 SQ. FT. OR 0.521 ACRES 3 Packet Pg. 38 8.C.d Animal Care Center of Buffalo Grove (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT B All improvements set forth and depicted in the Plans, both public and private, including (to the extent applicable) earthwork, grading, roads or streets, parking lots, areas and/or parking facilities, sidewalks, sanitary and storm sewers, water main, drainage and storm water detention facilities, site grading, street lighting, landscaping, survey monuments and benchmarks. Packet Pg. 39 8.C.d Animal Care Center of Buffalo Grove (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT C Final Engineering and Landscaping Plans prepared by: Advantage Consulting Engineers Entitled: Final Site Imorovement Plans for Animal Care Center of Buffalo Grove Consisting of: Seven 7 sheet(s), last revised August 3, 2020. Final Landscaping Plans prepared by: Linden Group Inc. Entitled: Landscape Plan Consisting of: 1 sheet(s), last revised 12/22/2020 (see following pages) 10 Packet Pg. 40 8.C.d Animal Care Center of Buffalo Grove (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT D Engineers Opinion of Probable Costs (see following pages) 11 c� 0 L u M Packet Pg. 41 9.A Ordinance No. 0-2021-6 : Ordinance Authorizing the Waiver of Bids and Authorization to Purchase Liquid De -Icing "Beet Heet" ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. Staff requests authorization to waive bids and purchase "Beet Heet" from K-Tech Specialty products at a price not to exceed $52,000.00 for the 2021-2022 snow season, as further detailed in the attached memo. ATTACHMENTS: • 2021 Beet Heet (DOCX) • Beet Heet Ordinance 2021 (DOCX) Trustee Liaison Pike Tuesday, January 19, 2021 Staff Contact Brett Robinson, Finance Updated: 1/14/2021 11:24 AM Page 1 Packet Pg. 42 9.A.a VILLACE 014 MEMORANDUM DATE: January 14, 2021 TO: Dane Bragg, Village Manager FROM: Bryan Beitzel — Maintenance Superintendent SUBJECT: Request to waive bids and purchase specialty winter maintenance liquids The Public Works Department is requesting authorization to waive bids and purchase winter maintenance liquids "Beet Heet" direct from the manufacturer (K-Tech Specialty Products). Over the past several winter maintenance seasons the Public Works Department has been utilizing a product called "Beet Heet" Concentrate to meet winter maintenance liquids needs. This product is provided to the department direct from the manufacturer K-Tech Specialty Products, Inc. at a rate of $1.40 per gallon. This product is a concentrated proprietary formula of two (2) exothermic chlorides and two (2) endothermic chlorides blended with a high quality carbohydrate that has produced excellent results in our winter maintenance program. K-Tech is the sole source provider for the Beet Heet blend. The Public Works Department has used several liquids through the years with varying results. "Geo-Melt 55" is a blended organic product tested in the past, which yielded very poor performance. Liquid Calcium Chloride is similar product; however, this single exothermic chloride "burns out" rapidly often requiring additional applications as surfaces re -freeze. This single chloride also lacks the carbohydrate necessary for adhesion during anti -icing activities making it ineffective at "pre -treating" roads prior to snow and ice events. The effectiveness of "Beet Heet" has enabled the Public Works Department to expand the liquid usage program, including a full anti -icing program during the winter season. It has also allowed the department to reduce the amount of road salt applied during winter maintenance operations, as increase the liquid output on our primary winter maintenance fleet. This concentrated product is typically "blended down" with Salt Brine, allowing the Public Works Department to target our application rates consistent with storm and road conditions. Staff requests Board approval to waive bids and purchase "Beet Heet " in an amount not to exceed $52,000 for the 2021-2022 snow season from the sole source provider K-Tech Specialty Products. The Street Section annual budget includes the costs for this material and this purchase is fully funded. Packet Pg. 43 9.A.b ORDINANCE 2021- A ORDINANCE AUTHORIZING THE PURCHASE OF BEET HEET FROM K-TECH SPECIALTY PRODUCTS WHEREAS, the Village of Buffalo is a home rule unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village of Buffalo Grove Public Works Department has performed testing and determined that "Beet Heet" from K-Tech Specialty Products provides the best value for winter maintenance liquids for snow and ice removal needs. 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 Ordinance as if fully set forth herein. c SECTION 2. The Village Board hereby waives bidding requirements and authorizes The Village Manager o to procure "Beet Heet" from K-Tech Specialty Products at a price not to exceed $52,000 a_ J SECTION 3. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the ca invalidity thereof shall not affect any other provision of this Ordinance. N O N SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval and p not be codified. AYES: NAYES: ABSENT: _ PASSED: ATTEST: Janet Sirabian, Village Clerk 2021 .2021 APPROVED: Beverly Sussman, Village President Packet Pg. 44 9.B Resolution No. R-2021-4 : Resolution Authorizing Village Manager to Execute an Intergovernmental Agreement with Northwest Central Dispatch System for Federal Funds to Support the CAD/RMS Project ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Recommendation of Action Staff recommends approval of a resolution authorizing the Village Manager to execute an intergovernmental agreement between the Village of Buffalo Grove and Northwest Central Dispatch to release funds awarded by the Department of Justice to support the CAD/RMS implementation. The Village was awarded grant funds through the National Crime Statistics Exchange project and the National Incident Based Reporting System (NIBRS) to support the NWCDS Computer Aided Dispatch and Records Management System projects. The Village serves as the grant administrator and as a pass - through for federal funds. The proposed agreement memorializes the rights and responsibilities of the parties to administer and distribute the funds. Further, the resolution authorizes the Village Manager to execute the agreement and distribute the funds to NWCDS and its eligible subcontractors, in accordance with all grant requirements. ATTACHMENTS: • 01-19-21 NWCDS NIBRS Grant Resolution (DOC) Intergovernmental Agreement VBG and Northwest Central Dispatch System Updated 01-05-21 (DOCX) Trustee Liaison Smith Tuesday, January 19, 2021 Staff Contact Dane Bragg, Office of the Village Manager Updated: 1/6/2021 10:35 AM Page 1 Packet Pg. 45 9.B.a RESOLUTION 2021- A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE OF BUFFALO GROVE AND NORTHWEST CENTRAL DISPATCH SYSTEM WHEREAS, Buffalo Grove applied for and was awarded a grant by the Department of Justice to further the National Crime Statistics Exchange project, which is an effort to expand the FBI's National Incident Based Reporting System ("NIBRS"); and WHEREAS, in furtherance of that project and grant Buffalo Grove, through its police department will procure a NIBRS a records management system, obtain hardware and software, procure equipment and train personnel; and WHEREAS, in furtherance of the project and grant NWCDS will procure equipment to be used by its other member agencies will manage funding of said equipment through Buffalo Grove solely using grant proceeds; and WHEREAS, it is in the best interests of the parties to expedite the implementation of the project and the distribution of funds in furtherance of the project goals; and WHEREAS, the Parties wish to enter into an Intergovernmental Agreement jointly for this purpose. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Buffalo Grove, Lake and Cook Counties, Illinois, as follows: SECTION ONE: The Village Manager is hereby authorized and directed to execute the attached intergovernmental agreement on behalf of the Village of Buffalo Grove. SECTION TWO: The Village Manager is further authorized and directed to process invoices for the project and distribute funds on behalf of the Village, Northwest r T Central Dispatch and its members, subject to the grant requirements and the attached intergovernmental agreement. a Packet Pg. 46 9.B.a SECTION FIVE: EFFECTIVE DATE. This Resolution shall be in full force and effect upon passage and approval. ROLL CALL VOTE: AYES: NAYS: ABSENT: ATTEST: Village Clerk Janet Sirabian Village President Beverly Sussman zo L Packet Pg. 47 9.B.b INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF BUFFALO GROVE AND THE NORTHWEST CENTRAL DISPATCH SYSTEM REGARDING GRANT MONEY DISBURSEMENT THIS AGREEMENT ("this Intergovernmental Agreement" or "this Agreement"), made and entered into as of the effective date set forth in Section 1 of this Agreement, by and between the VILLAGE OF BUFFALO GROVE, an Illinois municipal corporation ("Buffalo Grove") and Home Rule Unit, and the NORTHWEST CENTRAL DISPATCH SYSTEM, an Illinois municipal corporation ("NWCDS"), and the aforesaid parties are sometimes collectively referred to herein as the "Parties", and separately referred to as a "Party": WITNESSETH: WHEREAS, Article VII, Section 10, of the Constitution of the State of Illinois of 1970 provides that units of local government may contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law or by ordinance and may use their credit, revenues, and other resources to pay costs related to intergovernmental activities, and the Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq. further authorizes intergovernmental cooperation; and WHEREAS, Buffalo Grove applied and was awarded a grant by the Department of Justice to further the National Crime Statistics Exchange project, which is an effort to expand the FBI's National Incident Based Reporting System ("NIBRS"); and WHEREAS, in furtherance of that project and grant Buffalo Grove, through its police department will procure a NIBRS a records management system, obtain hardware and software, procure equipment and train personnel; and WHEREAS, in furtherance of the project and grant NWCDS will procure equipment to be used by its other member agencies will manage funding of said equipment through Buffalo Grove solely using grant proceeds; and Packet Pg. 48 9.B.b WHEREAS, the Parties wish to enter into this Intergovernmental Agreement jointly for this purpose: NOW THEREFORE, in consideration of the mutual agreements contained herein, Buffalo Grove and NWCDS agree as follows: This Intergovernmental Agreement shall be dated and become effective as of the date of the authorized execution by the last Party to both approve and execute this Agreement (the "effective date"). This Agreement shall be effective for the term of the grant which is September 2021. 2. This Agreement may also be terminated by either Party at any time with or without cause by one Party giving written notice to the other Party at least sixty (60) days prior to the intended effective date of terinination. 3. Buffalo Grove and NWCDS agree to utilize their respective joint efforts and mutual cooperation for the purposes as described herein. 4. Upon NWCDS procuring equipment in furtherance of the terms of the grant, it shall tender all eligible invoices from the contract provider to Buffalo Grove. Buffalo Grove shall pay said invoices solely out of grant proceeds if, in Buffalo Grove's sole discretion, said invoices are in compliance with the terms of the grant and only if there are available grant proceeds for such payment. Any amounts submitted by NWCDS that are not covered by grant proceeds shall be paid by NWCDS and shall not be an indebtedness of Buffalo Grove. Notwithstanding any other provisions of this Agreement, NWCDS shall ensure that any sub -recipients of grant proceeds or equipment shall comply with the terms of the grant and this Agreement. Further, any equipment purchased by NWCDS or a sub -recipient shall be their sole responsibility to own and maintain. 2 Packet Pg. 49 9.B.b 6. Each party to this Agreement shall provide to the other party the name of a person who shall be a "point of contact" ("POC") for promoting open and cooperative discussions on the shared services to be provided pursuant to this Agreement. 7. NWCDS shall and does hereby agree to defend, indemnify and hold harmless Buffalo Grove and its elected officials, officers, agents and employees, from any and all liability, loss, costs, damages, expenses or injury to person or property, including reasonable attorneys' fees and other costs of defense arising out of or resulting from the services provided by and tasks performed by NWCDS employees, or arising out of or resulting from the sole action, negligence, malfeasance or misfeasance of NWCDS or its officers, employees, and/or agents in the performance or non-performance of any act pursuant to this Agreement, and from any claims by any employee of NWCDS, provided, however, NWCDS does not in any way waive or abrogate the tort immunity of NWCDS or of any of its officers, employees, and/or agents by reason of this provision. 8. Buffalo Grove shall and does hereby agree to defend, indemnify and hold harmless NWCDS and its officers, agents and employees, from any and all liability, loss, costs, damages, expenses or injury to person or property, including reasonable attorneys' fees and other costs of defense arising out of or resulting from the sole action, negligence, malfeasance or misfeasance of Buffalo Grove or its officers, employees, and/or agents in the performance or non-performance of any act pursuant to this Agreement, and from or any claims by any employee of Buffalo Grove, provided, however, Buffalo Grove does not in any way waive or abrogate the tort immunity of Buffalo Grove or of any of its officers, employees, and/or agents by reason of this provision. 9. This Agreement may be amended only by a written instrument executed by both Parties hereto and only if prior authorization has been provided by the appropriate legislative action of the respective corporate authorities of each Party. 3 Packet Pg. 50 9.B.b 10. Force Ma'e1 ure: If the performance by either party to this Agreement is prevented or made impractical by epidemic, pandemic, strikes, accidents, acts of God, weather conditions, labor shortages, regulations or restrictions imposed by a government or governmental agency other than Buffalo Grove or NWCDS or other delays or occurrences beyond the control of the parties, then this Agreement shall be considered to be suspended during the period when such cause exists or its effects persist. 11. Mutual Cooperation: Each of the parties acknowledges the working nature of this Agreement, and each party agrees to mutually cooperate and consult with the other party in an effort to speedily and amicably resolve any unforeseen difficulties or problems not expressly covered by this Agreement. Buffalo Grove and NWCDS respectively agree to each make, execute, and deliver such written instruments as shall from time to time be reasonably required to carry out the terms, provisions, and intent of this Agreement. Any approval or consent required of a party to this Agreement shall not be unreasonably withheld. 12. Notices. (A) All notices, requests, demands, and other communications (collectively, "Notices") hereunder shall be in writing and given by (i) established express delivery service which maintains delivery records, (ii) hand delivery, (iii) certified or registered mail, postage prepaid, return receipt requested, or (iv) by email to Buffalo Grove or to NWCDS, as the case may be, and to their respective attorneys, with a hard copy of said email notice mailed by regular mail to each of said Parties, to the Parties at the following addresses, or at such other address as the Parties may designate by Notice in the above manner: To Buffalo Grove: Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, IL 60089 Attn: Village Manager Email: dbragg@vbg.org Tn NWCT1R- Northwest Central Dispatch System 1975 E. Davis Street Arlington Heights, IL 60005 Attn: Executive Director Email: jferraro@nwcds.org M Packet Pg. 51 9.B.b With a Copy to: Attorney Patrick Brankin Schain, Banks, Kenny and Schwartz 70 W. Madison Street, Suite 5300 Chicago, IL 60602 Email: pbrankin@schainbanks.com With a Copy to: Attorney John H. Kelly 1804 N. Naper Blvd., Ste. 350 Naperville, IL 60563 Email: jkelly@ottesenbritz.com Notices are effective upon receipt, or upon attempted delivery if delivery is refused or impossible because of failure to provide a reasonable means for accomplishing delivery (B) A courtesy copy of all notices shall be sent via email. Such notices shall be addressed using the contact information provided in this Section, which may be amended from time to time with notice provided per this Section, or the most recent contact information available on the official website of each Party. Notice as provided herein does not waive service of summons or process. 13. Miscellaneous: (A) Section and/or paragraph titles are descriptive only and do not define or in any other way limit the contents of each such section or paragraph. Words of the masculine gender shall be read to include the feminine and neuter genders, and the singular shall include the plural. (B) If any provision of this Agreement shall be declared invalid for any reason, such invalidation shall not affect any other provisions of this Agreement which can be given effect without the invalid provision and to that extent, the provisions of this Agreement are severable. (C) This Agreement sets forth the entire understanding of the Parties relative to the subject hereof and supersedes any and all prior agreements, express or implied, oral or written. (D) This Agreement shall be governed by the applicable laws of the State of Illinois. (E) This Agreement shall be binding on all Parties and may not be modified or amended orally, but only in writing signed by all Parties hereto. (F) The Parties each agree that they shall at all times observe and comply with the requirements of the grant as well as laws, ordinance, regulations, and codes of the Federal, State, County, 5 Packet Pg. 52 9.B.b and other local governmental agencies that may in any manner affect the performance of this Agreement. (G) Each Party to this Agreement represents to the other that all necessary corporate action with respect to this Agreement has been taken, and that this Agreement has therefore been duly authorized, executed and delivered by it. (H) If either Party waives a breach of any provision of this Agreement by the other Party, that waiver will not operate or be construed as a waiver of any subsequent breach by either Party nor shall it prevent either Party from enforcing such provisions. (I) This Agreement may be executed in one or more identical counterparts, which counterparts, when affixed together, shall constitute one and the same document. (J) Only the respective Parties to this Agreement, Buffalo Grove and the NODS, and no other party, shall have the right to enforce this Agreement. (K) Each Party represents to the other Parties that such Party has full authority to execute this Agreement and fulfill the terms, conditions, provisions, and obligations herein provided. IN WITNESS WHEREOF, the Parties hereto have, pursuant to the authority of the respective Corporate Authorities of the Parties, caused this Agreement to be executed, attested and delivered by its duly authorized officers as of the respective dates written below. VILLAGE OF BUFFALO GROVE NORTHWEST CENTRAL DISPATCH SYSTEM Dane Bragg, Village Manager Date of Execution: , 2021 John Ferraro, Executive Director Date of Execution: , 2021 F:\PTBrankin\BulTalo Grove, Village\Agreements\Intergovernmental Agreement VBG and Northwest Central Dispatch System.docx G Packet Pg. 53