2021-10-18 - Village Board Regular Meeting - Agenda PacketFifty Raupp Blvd
Buffalo Grove, IL 60089-2100
Phone:847-459-2500
A. Open Meetings Act Compliance
All persons physically attending the meeting will be required to don an appropriate face
covering during the duration of the meeting and before entering the Jeffrey S. Braiman
Council Chambers. The Village of Buffalo Grove reserves the right to deny entry to any
person displaying COVID-19 symptoms. All meeting participants shall observe
CDC published guidelines for social distancing while attending the meeting
B. Pledge of Allegiance
2. Approval of Minutes
A. Village Board - Regular Meeting - Sep 20, 2021 7:30 PM
B. Village Board - Special Meeting - Sep 27, 2021 7:30 PM
C. Village Board - Committee of the Whole - Oct 4, 2021 7:30 PM
I Approval of Warrant
A. Approval of Warrant #1333 (Trustee Weidenfeld) (Staff Contact: Chris Black)
4. Village President's Report
A. Appointment of Gowri Magati to the Rick Kahen Commission for Residents with
Disabilities (President Sussman) (Staff Contact: Chris Stilling)
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. Trick or Treat Day in Buffalo Grove (President Sussman) (Staff Contact: Chris Stilling)
Attached is the proclamation establishing Sunday, October 31, 2021 from the hours of
3:00 PM to 8:00 PM as Trick or Treat Day in Buffalo Grove.
B. 2021 National Breast Cancer Awareness Month (President Sussman) (Staff Contact:
Chris Stilling)
October is National Breast Cancer Awareness Month.
C. Proclamation Declaring November as Native American Heritage Month (President
Sussman) (Staff Contact: Chris Stilling)
SUMMARY: The Village recognizes November as Native American Heritage Month.
D. Proclamation for World Polio Day 2021 (President Sussman) (Staff Contact: Brett
Robinson)
The Village proclaims World Polio Day in Illinois to raise awareness of Polio disease and
in support of Polio Research Illinois' important efforts to improve the quality of life of those
who are battling this disease.
E. 0-2021-75 Thompson Blvd and Brandywyn Lane No Parking Signs (Trustee Johnson)
(Staff Contact: Darren Monico)
SUMMARY: Parking restrictions are required to complete the collector route construction
on certain sections of Thompson Blvd and Brandywyn Lane. Staff recommends approval
of the Traffic Ordinance update.
F. 0-2021-76 Approval of an Inter -Governmental Agreement with the State of Illinois for a
Department of Commerce & Economic Opportunity (DCEO) Grant (Trustee Johnson)
(Staff Contact: Darren Monico)
SUMMARY: The Village received a $150,000 grant towards the installation of sidewalk in
the Right -of -Way at Ivy Hall Park along Penny Ln and in the Right -of -Way along Busch
Pkwy. An Inter -Governmental Agreement is required to be approved by the Village Board
to receive the funds.
G. Authorization to Execute Contract Extensions with Multiple Vendors (Trustee
Weidenfeld) (Staff Contact: Tom Wisniewski)
SUMMARY: Staff recommends that the Village President and Board of Trustees
authorize staff to execute the following Contract extensions as listed below and further
detailed in the attached memo.
A one year extension of the agreement with MGP to provide Geographical Information
Services (GIS).
A fifth and final contract option with Presstech for Newsletter Printing Services.
A first two year contract option with Crystal Maintenance Services for Custodial services.
A first two year contract option with Melrose Pyrotechnics for Pyrotechnic services.
A third year contract option with DataProse LLC for Utility Bill Printing and Mailing
Services.
A first year contract option with ImageTrend for data collection and evaluation services.
A first year contract option with Fire Services Inc for Fire Department Fleet Maintenance.
A first year contract option with B&F Construction Code Services for contract inspections
and plan review services.
A first and final contract option with Peter Baker for UPM cold patch material.
A sixth year contract option with North American Midway Entertainment for rides and
amusements at Buffalo Grove days 2022.
H. 0-2021-71 Liquor License Reservation- Prairie House Tavern 2710 Main Street
(President Sussman) (Staff Contact: Chris Stilling)
SUMMARY: A Class A liquor license is reserved for TK Tavern, Inc. d/b/a Prairie House
Tavern at 2710 Main Street. This reservation is subject to the applicant completing
Village requirements for said license on or before January 16, 2022.
9. Ordinances and Resolutions
A. 0-2021-72 Ordinance Approving an Amendment to Ord. 93-5, Rezoning to B3, Final
Plat of Subdivision and Variations for 201 & 251 N Milwaukee Avenue (Trustee Pike)
(Staff Contact: Nicole Woods)
B. 0-2021-77 Ordinance Approving a Termination of the Assignment and Assumption
Agreement of the Annexation Agreement and Development Improvement Agreement for
the Link Crossing Development (Trustee Pike) (Staff Contact: Chris Stilling)
C. 0-2021-73 Ordinance Amending Title 1.16 of the Village Code as it Relates to Planning
and Zoning Commission Fees and Permit Fees (Trustee Johnson) (Staff Contact: Nicole
Woods)
D. 0-2021-74 Ordinance Amending Title 15.04.020 of the Village Code as it Relates to
Permits and Permit Processes (Trustee Pike) (Staff Contact: Nicole Woods)
E. R-2021-25 Resolution Authorizing Execution of an Agreement with WEX Fuel Cards
through the State Contract (Trustee Stein) (Staff Contact: Monika Kazmierski)
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. Executive Session
Executive Session- Section 2(C)(2) of the Illinois Open Meetings Act: Collective
Negotiating Matters Between the Public Body and Its Employees or Their
Representatives, or Deliberations Concerning Salary Schedules for One or More Classes
of Employees. (President Sussman) (Staff Contact: Chris Stilling)
Executive Session- 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. (Clerk Sirabian) (Staff Contact: Chris Stilling)
14. Adjournment
The Village Board will make every effort to accommodate all items on the agenda by 10:30 p.m.
The Board, does, however, reserve the right to defer consideration of matters to another meeting
should the discussion run past 10:30 p.m.
The Village of Buffalo Grove, in compliance with the Americans with Disabilities Act, requests that
persons with disabilities, who require certain accommodations to allow them to observe and/or
participate in this meeting or have questions about the accessibility of the meeting or facilities,
contact the ADA Coordinator at 459-2525 to allow the Village to make reasonable
accommodations for those persons.
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MINUTES OF THE REGULAR MEETING OF THE VILLAGE PRESIDENT & BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE HELD IN THE JEFFREY S. BRAIMAN
COUNCIL CHAMBERS AT VILLAGE HALL, 50 RAUPP BOULEVARD, BUFFALO GROVE,
ILLINOIS, MONDAY, SEPTEMBER 20, 2021
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
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Roll call indicated the following present: President Sussman; Trustees Stein, Ottenheimer, Weidenfeld, Johnson,
Smith and Pike.
Also present were: Chris Stilling, Deputy Village Manager; Patrick Brankin, Village Attorney; Katie Golbach, _0
Human Resources Management Analyst; Chris Black, Director of Finance; Darren Monico, Village Engineer; >
Mike Skibbe, Director of Public Works; Kyle Johnson, Assistant Director of Public Works; Police Chief
Casstevens; and Fire Chief Baker. C
APPROVAL OF MINUTES
Moved by Ottenheimer, seconded by Stein, to approve the minutes of the August 16, 2021 Regular Meeting.
Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
Moved by Weidenfeld, seconded by Smith, to approve the minutes of the August 31, 2021 Special Meeting.
Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
WARRANT #1332
Mr. Black read Warrant 91332. Moved by Weidenfeld, seconded by Johnson, to approve Warrant 91332 in the
amount of $7,241,326.89 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.
There is no Village President's report tonight.
There was no Village Manager's report tonight.
VILLAGE PRESIDENT'S REPORT
VILLAGE MANAGER'S REPORT
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REPORTS FROM TRUSTEES
The Village Clerk noted that there are students in the audience tonight that will be participating in the Buffalo
Grove Civics Forum next Monday, September 27, 2021 at Village Hall. The Village Clerk reviewed the Civics
Forum, after which each of the students introduced themselves to the audience and the Board.
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 — Childhood Cancer Awareness
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Motion to approve a Proclamation declaring September as Childhood Cancer Awareness Month in Buffalo 3
Grove.
Proclamation — National Rail Safety Week C
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Motion to approve a Proclamation recognizing September 20-26, 2021 as National Rail Safety Week in the a
Village of Buffalo Grove. C
Proclamation — Domestic Violence Awareness 2
Motion to approve a Proclamation recognizing October 2021 as Domestic Violence Awareness Month.
2021 Pavement Patching
Motion to approve 2021 Pavement Patching Change Order. Staff recommends an increase of $12,538.86 in the
awarded contract amount to Brothers Asphalt Paving, Inc., representing the addition of dump fees for waste
material found in the pavement during the course of work.
Resolution No. 2021-22 — Elevator
Motion to pass Resolution No. 2021-22, approving the Illinois Elevator Safety Program Agreement.
Resolution No. 2021-23 — Safe School Routes
Motion to pass Resolution No. 2021-23, for the consideration to approve a Safe Routes to School Grant
Application.
Ordinance No. 2021-68— Ouiet Zone
Motion to pass Ordinance No. 2021-68, authorizing Quiet Zone Engineering Services awarded to Crawford,
Murphy & Tay, Inc. for an amount not to exceed $55,998.80 pending contract review and approval by the
Village Attorney.
Ordinance No. 2021-69 — Municipal Acceptance Form
Motion to pass Ordinance No. 2021-69, Municipal Acceptance Form LCDOT, approving the Municipal
Acceptance Form for a Village Facility to be built within the Lake County Right -of -Way as part of the Buffalo
Grove Road Widening Project.
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Ordinance No. 2021-65 — Tree & Stump Removal
Motion to pass Ordinance No. 2021-65, authorizing Tree & Stump Removal Services with Balanced
Environments, Inc. for a total amount not to exceed $50,000.00, pending review and approval by the Village
Attorney.
It was requested that Item 8. F., Resolution No. 2021-23, Safe School Routes, be removed from the Consent
Agenda.
Moved by Johnson, seconded by Ottenheimer, to approve the Consent Agenda as amended. 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.
RESOLUTION NO. 2021-24 — THOMPSON/BRANDVWYN
Moved by Stein, seconded by Smith, to pass Resolution No. 2021-24, Thompson & Brandywyn Contract 3
Federal Funding and Engineering Agreements, in accordance with materials contained Board packets.
Mr. Johnson reviewed the proposed resolution, details of which are contained in his memo to Mr. Bragg of
September 16, 2021.
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
ORDINANCE NO. 2021-66 — COOK COUNTY
Moved by Johnson, seconded by Weidenfeld, to pass Ordinance No. 2021-66, approval of an Inter -
Governmental Agreement with Cook County for an Invest in Cook County Grant of $500,000.00 toward the
Phase 1 study of Lake Cook Road from Raupp Boulevard to Arlington Heights Road in accordance with
materials contained in Board packets.
Mr. Monico reviewed the proposed ordinance, details of which are contained in his memo to Mr. Bragg dated
August 3, 2021, after which he answered questions from the Board.
Since the intersection of Lake Cook and Arlington Heights Roads has one of the highest accident rates in the
Village, it was requested that the initial stages of this project investigate ways to increase safety at that
intersection.
Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
ORDINANCE NO. 2021-67 — 700 LAKE COOK ROAD
Moved by Johnson, seconded by Ottenheimer, to pass Ordinance No. 2021-67, approving the Final Plat of
Subdivision, Rezoning, Special Uses, Development Plan, and Variances at 700 Lake Cook Road as outlined in
Board packets for tonight's meeting.
Mr. Stilling reviewed the proposed ordinance, details of which are contained in the memo from Ms. Woods to
Mr. Bragg of September 16, 2021.
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Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
700 E. LAKE COOK ROAD
Moved by Johnson, seconded by Pike, to approve the Development Improvement Agreement for Ricky Rockets
at 700 E. Lake Cook Road, subject to the receipt of required fees, approval of the Village Attorney and in
accordance with materials contained in Board packets.
Mr. Monico reviewed the proposed agreement, details of which are contained in his memo to Mr. Bragg of d
September 15, 2021, after which he answered questions from the Board. 3
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Upon roll call, Trustees voted as follows:
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AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike >
NAYS: 0 — None o
Motion declared carried. a
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RESOLUTION NO. 2021-23 — SAFE SCHOOL ROUTES 2
Moved by Johnson, seconded by Weidenfeld, to pass Resolution No. 2021-23, consideration to approve a Safe
Routes to School Grant Application.
Mr. Monico reviewed the proposed resolution, details of which are contained in his memo of September 13,
2021 to Mr. Bragg.
It was noted that residents need to be educated as to how to use the crosswalks in a safer manner, as pedestrians
are apt to rely on traffic stopping at these crosswalks, and that is not always the case, as traffic does not always
obey the signs for the crosswalks. If these signs for the crosswalks are not successful, the Police Department
will have to increase patrols in those areas.
Mr. Monico responded to these concerns and reviewed what is being done to combat these issues, and noted that,
even with crosswalks, pedestrians should never cross until they see that the vehicles have come to a stop.
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; there were no such questions.
ADJOURNMENT
Moved by Weidenfeld, seconded by Johnson, to adjourn the meeting. Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
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The meeting was adjourned at 8:08 P.M.
Janet M. Sirabian, Village Clerk
APPROVED BY ME THIS 181" DAY OF October 2021
Village President
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MINUTES OF THE SPECIAL MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF
BUFFALO GROVE HELD IN THE VILLAGE HALL, 50 RAUPP BOULEVARD,
BUFFALO GROVE, ILLINOIS ON MONDAY, SEPTEMBER 27, 2021
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.
Also present were: Dane Bragg, Village Manager; Chris Stilling, Deputy Village Manager; Chris Black, d
Director of Finance; Katie Golbach, Human Resources Management Analyst; Darren Monico, Village
Engineer; Rati Akash, Village Planner; Tom Wisniewski, Buyer; Deputy Fire Chief Wagner; Tyler Grace, Fire
Analyst; and Police Officer Matthew Mills.
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CIVICS FORUM >
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The Village Clerk reviewed the purpose and goal of the Civics Forum and summarized what the students have C
done to prepare for this meeting. <
Buffalo Grove and Stevenson High Schools are represented this evening. The students were teamed up with
department heads and elected officials. They were presented with proposal requests from several different
departments. Each student department head presented their request before the student board, which were as
follows:
• Fire Department — Water Bottle Filling Station — details of which are contained in the September 27,
2021 memo.
• Public Works/Engineering Department — Gas Powered Post Driver — details of which are contained in
the September 17, 2021 memo.
• Finance/Community Development Department — Snow Melting Walkway — Village Hall Entrance —
details of which are contained in the September 20, 2021 memo.
• Police Department — At -Risk Resident ID Tags — details of which are contained in the staff proposal.
The student board discussed each of the requests, and ultimately voted to purchase a Rediboss 78 Gas -Powered
Post Driver. The Village owns and maintains approximately 3,000 road signs that are installed on metal posts,
of which approximately 150 are replaced per year. This piece of equipment will protect employees from injury
and reduce time required for sign installation throughout the Village.
The students were then presented with Certificates from the Village and thanked by the Board and the audience
for another outstanding program.
ADJOURNMENT
Moved by Weidenfeld, seconded by Johnson, to adjourn the meeting. Upon voice vote, the motion was
unanimously declared carried. The meeting was adjourned at 8:22 P.M.
Janet M. Sirabian, Village Clerk
APPROVED BY ME THIS 18"' DAY OF October 2021
Village President
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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,
MONDAY, OCTOBER 4, 2021
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, and Pike. Trustee Smith was absent. 3
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Also present were: Dane Bragg, Village Manager; Patrick Brankin, Village Attorney; Chris Stilling, Deputy
Village Manager; Art Malinowski, Director of Human Resources; Katie Golbach, Human Resources o
Management Analyst; Chris Black, Director of Finance; Nicole Woods, Deputy Community Development
Manager; Jessie Brown, Administrative Services Manager/Assistant Village Cleric, Mike Skibbe, Director of o
Public Works; Darren Monico, Village Engineer; Brett Robinson, Administrative Services Director; Geoff Q-
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Tollefson, Director of Golf Operations; Police Chief Casstevens; and Fire Chief Baker. Q
The Committee of the Whole Meeting consisted of staff reports and Board discussion on the listed topics, with
staff answering questions from the Board on each topic.
PROPOSED MODIFICATIONS TO FEES
Ms. Woods reviewed a presentation regarding proposed modifications to Building Permit fees and Planning and
Zoning Commission fees, details of which are contained in the metro to the Board from her and Ms. Brown of
September 30, 2021. Ms. Woods and Ms. Brown then answered questions from the Board.
Cindy Baran, BS&A Software, remotely "walked" the audience and the Board through an actual permit request
showing exactly the process that will be followed by the requestor.
CODE REVIEW TITLES 1 & 2
Mr. Robinson reviewed the first pass through of the review process of Title 1 and Title 2, details of which are
contained in the memo of September 27, 2021 from him and Ms. Brown to the Board. Title 1 — "General
Provisions": details, code adoptions, revocations, penalties, fines, and fees, as well as general language used
throughout the Code. Title 2 — "Administration and Personnel': establishes powers of the President, Board of
Trustees, and Village Administrator, as well as providing for the creation of departments, committees,
commissions, and boards. Mr. Robinson, Ms. Brown, and Mr. Monico then answered questions from the
Board.
Mr. Robinson and Ms. Brown and staff were commended and thanked by the Board for the tremendous amount
of effort that has been put into this project.
TRICK OR TREAT DAY
Mr. Bragg noted that staff has been receiving questions from residents regarding Trick or Treat hours in the
Village of Buffalo Grove. Staff s recommendation is to proclaim 3:00 P.M. to 8:00 P.M. on Sunday,
October 31, 2021 as the official Trick or Treat Day in Buffalo Grove. There were no Board objections to this
proposal. Staff will post the hours on the Village website and social media immediately.
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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 Weidenfeld, seconded by Johnson, to adjourn the meeting. Upon roll call, Trustees voted as follows:
AYES: 5 — Stein, Ottenheimer, Weidenfeld, Johnson, Pike
NAYS: 0 — None
ABSENT: 1 - Smith
Motion declared carried.
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The meeting was adjourned at 8:21 P.M.
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Janet M. Sirabian, Village Clerk 0-
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APPROVED BY ME THIS 18' DAY OF October 2021 a
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Village President 14
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Action Item : Approval of Warrant #1333
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
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Staff recommends approval.
TOTAL WARRANT #1333 $5,149,829.50
ATTACHMENTS:
• W #1333 (PDF)
Trustee Liaison
Weidenfeld
Monday, October 18, 2021
Staff Contact
Chris Black, Finance
Updated: 10/14/2021 2:30 PM
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VILLAGE OF BUFFALO GROVE WARRANT #1333
18-Oct-21
General Fund:
951,475.13
Parking Lot Fund:
144.12
Motor Fuel Tax Fund:
0.00
Debt Service Fund:
0.00
School & Park Donations:
0.00
Lake Cook Rd TIF Fund:
4,495.00
Capital Projects -Facilities:
12,762.13
Capital Projects-Vehicles/Equipment:
132,753.03
Capital Projects -Streets:
736,747.10
Health Insurance Fund:
0.00
Facilities Development Debt Service Fund:
0.00
Retiree Health Savings (RHS):
0.00
Water Fund:
1,034,744.82
Buffalo Grove Golf Fund:
11,980.77
Arboretum Golf Fund:
18,125.15
Refuse Service Fund:
68,125.00
Information Technology Internal Service Fund:
115,781.23
Central Garage Internal Service Fund:
96,007.10
Building Maintenance Internal Service Fund:
37,590.10
3,220,730.68
PAYROLL PERIOD ENDING 09/30/2021 962,557.54
PAYROLL PERIOD ENDING 10/14/2021 966,541.28
1,929,098.82
TOTAL WARRANT #1333 5,149,829.50
APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, ILLINOIS
Village Clerk
Village President
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Information Item : Appointment of Gowri Magati to the Rick Kahen
Commission for Residents with Disabilities
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Recommendation of Action
The Village President will appoint Gowri Magati to the Rick Kahen Commission for Residents with
Disabilities.
Trustee Liaison
Sussman
Monday, October 18, 2021
Staff Contact
Chris Stilling, Community Development
Updated: 10/12/2021 8:27 AM
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Information Item : Trick or Treat Day in Buffalo Grove
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Recommendation of Action
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Staff recommends approval.
Attached is the proclamation establishing Sunday, October 31, 2021 from the hours of 3:00 PM to 8:00
PM as Trick or Treat Day in Buffalo Grove.
ATTACHMENTS:
• TorT Proc21 (DOC)
Trustee Liaison
Sussman
Monday, October 18, 2021
Staff Contact
Chris Stilling, Community Development
Updated: 10/13/2021 10:26 AM
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Village of Buffalo Grove
Sunday, October 31, 2021 - Trick or Treat Day in Buffalo Grove
WHEREAS, the children of Buffalo Grove are entitled to the fun and festivity
associated with the observance of the Halloween "Trick or Treat" custom - going from
door to door in the immediate neighborhood, displaying their costumes and requesting
"treats"; and
WHEREAS, there is increased possibility of accidents due to the general carefree spirit
of children at this particular time and when costumes and masks may make them
indistinguishable in the darkness; and
WHEREAS, the late afternoon and early evening schedule is more conducive to the
participation to the younger children, for whom the observance was originally
intended,
NOW, THEREFORE, I, Beverly Sussman, President of the Village of Buffalo Grove do
hereby proclaim that Sunday, October 31, 2021 shall be known as TRICK -OR -
TREAT DAY in Buffalo Grove between the hours of 3:00 pm and 8:00 pm.
I also ask that young children be accompanied by parents or other responsible adults.
I further request that householders indicate their willingness to welcome children by
keeping their porch or exterior lights on and that youngsters call only on homes so
lighted.
Because there have been incidents of children receiving and consuming articles of food
or candy that have been tampered with, it is the recommendation of this office that
parents supervise closely so that children do not consume any "treats" until closely
examined. It is further advised that everyone follow the rule "if in doubt - throw it out"
where any evidence of tampering with packaging or surfaces of consumable products
exists.
I encourage the cooperation of all citizens, young and old, in making this a happy and
safe occasion for children.
Dated this 18th Day of October, 2021
Beverly Sussman,
Village President
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8.B
Information Item : 2021 National Breast Cancer Awareness Month
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
Staff recommends approval.
October is National Breast Cancer Awareness Month.
ATTACHMENTS:
BC Proc (DOC)
Trustee Liaison
Sussman
Monday, October 18, 2021
Staff Contact
Chris Stilling, Community Development
Updated: 10/12/2021 8:23 AM
Page 1
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7
Village of Buffalo Grove
2021 National Breast Cancer Awareness Month
WHEREAS, October is National Breast Cancer Awareness Month; and
WHEREAS, breast cancer is the second most common cancer among women; and
WHEREAS, breast cancer is the second leading cause of cancer death in women, after
lung cancer; and
WHEREAS, the chance of developing invasive breast cancer at some time in a woman's
life is about 1 in 8; and
WHEREAS, more than 200,000 new cases of female breast cancer will be diagnosed in
2016; and
WHEREAS, nearly 1 of every 2 women newly diagnosed with breast cancer reaches out o
to the American Cancer Society for help and support; and
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WHEREAS, death rates from breast cancer have been declining, and this change is a
believed to be the result of earlier detection and improved treatment; and m
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NOW, THEREFORE, I Beverly Sussman, President of the Village of Buffalo Grove,
Illinois, do hereby proclaim the month of October 2021 as BREAST CANCER
AWARENESS MONTH and encourage Village residents to support fund-raising efforts a
for enhanced research and support programs.
Beverly Sussman,
Village President
DATED THIS 18th DAY OF OCTOBER 2021
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8.0
Information Item : Proclamation Declaring November as Native
American Heritage Month
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Staff recommends approval.
SUMMARY: The Village recognizes November as Native American Heritage Month.
ATTACHMENTS:
• Native American Heritage Month 2021 (DOC)
Trustee Liaison
Sussman
Monday, October 18, 2021
Staff Contact
Chris Stilling, Community Development
Updated: 10/7/2021 8:37 AM
Page 1
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7
Village of Buffalo Grove
Native American Heritage Month
WHEREAS, the history and culture of our great nation have been significantly
influenced by the indigenous peoples - the first Americans - of North America; and
WHEREAS, we recognize their many accomplishments, contributions and sacrifices,
and we pay tribute to their participation in all aspects of American society; and
WHEREAS, we celebrate the ancestry and time-honored traditions of American
Indians and Alaska Natives in North America; and
WHEREAS, they have guided our land stewardship policies, added immeasurably to
our cultural heritage, and demonstrated courage in the face of adversity; and
WHEREAS, their native languages have also played a pivotal role on the battlefield
when, during World Wars I and II, Native American code talkers developed
unbreakable codes to communicate military messages that saved countless lives; and
NOW THEREFORE, I, Beverly Sussman, President of the Village of Buffalo Grove do
hereby proclaim the month of November 2021 as Native American Heritage Month
in the Village of Buffalo Grove.
Proclaimed this 18th day of October, 2021.
Beverly Sussman,
Village President
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8.D
Information Item : Proclamation for World Polio Day 2021
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
Staff recommends proclamation.
The Village proclaims World Polio Day in Illinois to raise awareness of Polio disease and in support of
Polio Research Illinois' important efforts to improve the quality of life of those who are battling this
disease.
ATTACHMENTS:
• Polio 2021 (DOCX)
Trustee Liaison
Sussman
Monday, October 18, 2021
Staff Contact
Brett Robinson, Finance
Updated: 9/21/2021 12:02 PM
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8.D.a
Village of Buffalo Grove
PROCLAMATION FOR WORLD POLIO DAY 2021
WHEREAS, the Rotary Club of Buffalo Grove is a member of Rotary International, the
world's first, and still one of its largest, non-profit service organizations, founded in
Chicago, Illinois, in 1905; and
WHEREAS, the Rotary motto "Service Above Self" inspires members to provide
humanitarian service, encourage high ethical standards, and promote good will and
peace in the world; and
WHEREAS, Rotary in 1985 launched PolioPlus and spearheaded the Global Polio
Eradication Initiative, which today includes the World Health Organization, U.S.
Centers for Disease Control and Prevention, UNICEF and the Bill & Melinda Gates
Foundation, and Gavi, the Vaccine Alliance, to immunize the children of the world
against polio; and to immunize all the children of the world against polio; and
WHEREAS, polio cases have dropped by over 99.9 percent since 1988, and the world
now stands on the threshold of eradicating this dreaded disease and thereby
eliminating the threat of polio -caused paralysis to every child in the world; and
WHEREAS, members of the Rotary Club of Buffalo Grove continue to contribute their
time and their resources to support PolioPlus and the Global Polio Eradication
Initiative; and
WHEREAS, their efforts are providing much needed operational support, medical
personnel, laboratory equipment and educational materials for health workers and
parents;
NOW THEREFORE, BE IT RESOLVED that I, Beverly Sussman, President of the
Village of Buffalo Grove do hereby proclaim WORLD POLIO DAY 2021 in Illinois to
raise awareness of Polio disease and in support of Polio Research Illinois' important
efforts to improve the quality of life of those who are battling this disease.
Proclaimed this 18th day of October, 2021.
Beverly Sussman
Village President
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8.E
Ordinance No. 0-2021-75 : Thompson Blvd and Brandywyn Lane No
Parking Signs
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Staff recommends approval.
SUMMARY: Parking restrictions are required to complete the collector route construction on certain
sections of Thompson Blvd and Brandywyn Lane. Staff recommends approval of the Traffic Ordinance
update.
ATTACHMENTS:
No parking Thompson & Brandywyn memo (DOCX)
• Ordinance no parking Thompson and Brandywyn 21-1001 (DOCX)
Trustee Liaison Staff Contact
Johnson Darren Monico, Public Works
Monday, October 18, 2021
Updated: 10/1/2021 10:51 AM Page 1
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8.E.a
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MEMORANDUM
DATE: October 1, 2021
TO: Dane Bragg, Village Manager
FROM: Darren Monico, Village Engineer
SUBJECT: No Parking signs on Thompson Blvd and Brandywyn Lane
The Village will shortly complete the reconstruction of the collector routes of Thompson Boulevard and
Brandywyn Lane. Per the Illinois Department of Transportation, collector routes need to be at least 36'
wide or have parking restricted on one side of the street. In 2017, the Engineering Division polled the
373 residents that live on these streets which option they would prefer and 90% of the responding
residents voted for restricting parking on one side of the street. To accomplish this, the Village needs to
update the Village Ordinance to reflectthis requirement. Asthe project is split into three years there will
be a similar ordinance update at the end of each year's project. This is the second year.
This Ordinance will restrict parking on the east or south side of Brandywyn Lane from Aptakisic Road to
Prairie Road, and on the north side of Thompson Boulevard from Buffalo Grove Road to Weiland Road,
as shown on the below map areas.
Staff recommends approval of the attached ordinance restricting parking on the above sections of
Thompson Boulevard and Brandywyn Lane to meetthe IDOT requirements.
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8.E.b
ORDINANCE NO. 2021-
AN ORDINANCE AMENDING CHAPTER BG-11, RULES OF THE ROAD, OF THE
VILLAGE OF BUFFALO GROVE MUNICIPAL CODE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the
Illinois Constitution of 1970; and,
WHEREAS, in order to provide safe and efficient traffic flow along Thompson
Boulevard and Brandywyn Lane in accordance with requirements of the Illinois
Department of Transportation for collector street width, additional no parking regulations
are required; and,
WHEREAS, the recommendations of the Village Engineer have been presented to
the Corporate Authorities.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK
AND LAKE COUNTIES, ILLINOIS, AS FOLLOWS:
Section 1: Section BG-11-1308 of the Village of Buffalo Grove Municipal Code
is hereby amended by amending Subsection 45 and 66 to read as follows:
BG-11-1308 No Parking Streets and Areas.
45. On the east curb line of Brandywyn Lane from Thompson Boulevard to
Buffalo Grove Road, and on the south curb line from Buffalo Grove Road to
Prairie Road.
66. On the north curb line of Thompson Boulevard from Brandywyn Lane to
Weiland Road.
Section 2: Any person violating any portion of this Chapter shall be punished
according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code.
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8.E.b
Section 3: This Ordinance shall be in full force and effect from and after its
passage, approval, and publication as provided by law. This Ordinance may be
published in pamphlet form.
AYES:
NAPES:
ABSENT:
PASSED: , 2021
APPROVED: , 2021
PUBLISHED: , 2021
ATTEST:
Village Clerk
Village President
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8.F
Ordinance No. 0-2021-76 : Approval of an Inter -Governmental
Agreement with the State of Illinois for a Department of Commerce
& Economic Opportunity (DCEO) Grant
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval of an Inter -Governmental Agreement for a $150,000 sidewalk grant, subject
to attorney review.
SUMMARY: The Village received a $150,000 grant towards the installation of sidewalk in the Right -of -
Way at Ivy Hall Park along Penny Ln and in the Right -of -Way along Busch Pkwy. An Inter -Governmental
Agreement is required to be approved by the Village Board to receive the funds.
ATTACHMENTS:
• Memo DCEO $150k sidewalk grant IGA 21-0907 (DOCX)
• Ordinance approve DCEO $150k sidewalk grant 21-1008 (DOCX)
• 21-203177 Notice of Grant Award (PDF)
• Location Map approve IGA DCEO $150k sidewalk grant 21-1008 (PDF)
Trustee Liaison
Johnson
Monday, October 18, 2021
Staff Contact
Darren Monico, Public Works
Updated: 10/18/2021 10:46 AM
Page 1
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8.F.a
FILLA"_ E OF
BUFFALO C'ROVE
MEMORANDUM
DATE: October 18, 2021
TO: Dane Bragg, Village Manager
FROM: Darren Monico, Village Engineer
SUBJECT: DCEO IGA Ivy Hall Park & Busch Parkway Sidewalk
The Village received a $150,000 grant towards the installation of sidewalk in the Right -of -Way along Penny
Lane in Ivy Hall Park and along Busch Parkway; an Inter -Governmental Agreement is required to be
approved by the Village Board to receive the funds.
In 2019 staff submitted an extensive list of legislative priorities and the Village of Buffalo Grove was
approved for $1.45 million in grants with the Department of Commerce and Economic Opportunity
(DCEO). These DCEO grants do not require a local match and we are reimbursed the costs once the
paperwork is approved and the project is completed. The first step is that each grant is appropriated by
elected officials and it is included in a spending bill. This $150,000 grant is the second to be appropriated.
There are several rounds of paperwork for each grant and the final step is the approval of the attached
IGA. Once approved by DCEO the Village can begin the project.
The list of DCEO grants awarded are listed below. It is unknown when and if any of the "awarded" grants
will be appropriated next. However, staff has sent in the first round of grant paperwork associated with
the $91,000 miscellaneous sidewalk repairs and $300,000 for Water Reservoir 6 capital improvements.
1. $60,000 for sidewalk additions near Ivy Hall Elementary School.
2. $300,000 for capital improvements for Water Reservoir 6.
3. $300,000 for water main cleaning in the Chevy Chase neighborhood.
4. $300,000 for a bike path and boardwalk on Bordeaux Court.
5. $150,000 for miscellaneous sidewalk installation.
6. $250,000 for native wetland restoration.
7. $91,000 for miscellaneous sidewalk repair.
Staff recommends approval of the Inter -Governmental Agreement forthe Ivy Hall Park and Busch Parkway
sidewalk installation with the Department of Commerce and Economic Opportunity.
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ORDINANCE 2021-
8.F.b
AN ORDINANCE AUTHORIZING AN INTERGOVERMENTAL AGREEMENT WITH THE STATE OF ILLINOIS AND
THE DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY RELATING TO A $150,000 SIDEWALK
GRANT FOR THE VILLAGE OF BUFFALO GROVE
WHEREAS, the Village of Buffalo is a home rule unit pursuant to the Illinois Constitution of 1970;
and
WHEREAS, the Village seeks to enter into an Intergovernmental Agreement with the State of
Illinois and the Department of Commerce and Economic Opportunity relating to a $150,000 sidewalk grant
for the Village of Buffalo Grove.
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.
SECTION 2. The Village Manager is authorized to enter into an Intergovernmental Agreement with the
State of Illinois and the Department of Commerce and Economic Opportunity relating to a $150,000
sidewalk grant for the Village of Buffalo Grove, pending attorney review.
SECTION 3. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the
invalidity thereof shall not affect any other provision of this Ordinance.
SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval and
shall not be codified.
AYES:
NAYES:
ABSENT:
PASSED: , 2021
APPROVED: ,2021
APPROVED:
Beverly Sussman, Village President
ATTEST:
Janet Sirabian, Village Clerk
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8.F.c
Agreement No 21-203177
INTER -GOVERNMENTAL GRANT AGREEMENT
r ,
BETWEEN
THE STATE OF ILLINOIS, DEPARTMENT OF COMMERCE AND ECONOMIC OPPORTUNITY
AND
Village of Buffalo Grove
The Illinois Department of Commerce and Economic Opportunity (Grantor) with its principal office at 500 E
Monroe St, Springfield, IL 62701, and Village of Buffalo Grove (Grantee), with its principal office at 50 RAUPP
BLVD, Buffalo Grove, IL 60089-2139, and payment address (if different than principal office) at N/A, hereby enter
into this Inter -governmental Grant Agreement (Agreement), pursuant to the Intergovernmental Cooperation Act, 5
ILCS 220/1 et seq. Grantor and Grantee are collectively referred to herein as "Parties" or individually as a "Party."
PART ONE —THE UNIFORM TERMS
RECITALS
WHEREAS, it is the intent of the Parties to perform consistent with all Exhibits and attachments hereto
and pursuant to the duties and responsibilities imposed by Grantor under the laws of the state of Illinois and in
accordance with the terms, conditions and provisions hereof.
NOW, THEREFORE, in consideration of the foregoing and the mutual agreements contained herein, and
for other good and valuable consideration, the value, receipt and sufficiency of which are acknowledged, the
Parties hereto agree as follows:
ARTICLE I
AWARD AND GRANTEE -SPECIFIC INFORMATION AND CERTIFICATION
1.1. DUNS Number; SAM Registration; Nature of Entity. Under penalties of perjury, Grantee certifies
that 074402751 is Grantee's correct DUNS Number, that n/a is Grantee's correct UEI, if applicable, that 362525051
is Grantee's correct FEIN or Social Security Number, and that Grantee has an active State registration and SAM
registration. Grantee is doing business as a (check one):
Individual
Sole Proprietorship
Partnership
Corporation (includes Not For Profit)
Medical Corporation
X Governmental Unit
Estate or Trust
Pharmacy -Non Corporate
Pharmacy/Funeral Home/Cemetery Corp.
Tax Exempt
Limited Liability Company (select applicable tax
classification)
P = partnership
C = corporation
If Grantee has not received a payment from the state of Illinois in the last two years, Grantee must submit a W-9
tax form with this Agreement.
1.2. Amount of Agreement. Grant Funds shall not exceed $150,000.00 of which $0.00 are federal
funds. Grantee agrees to accept Grantor's payment as specified in the Exhibits and attachments incorporated
herein as part of this Agreement.
1.3. Identification Numbers. If applicable, the Federal Award Identification Number (FAIN) is N/A, the
federal awarding agency is N/A, and the Federal Award date is N/A. If applicable, the Assistance Listing Program
State of Illinois
INTER -GOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3 4 21
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8.F.c
Agreement No 21-203177
Title is N/A and Assistance Listing Number is N/A. The Catalog of State Financial Assistance (CSFA) Number is 420-
00-1758. The State Award Identification Number is 1758-29876.
1.4. Term. This Agreement shall be effective on 09/01/2021 and shall expire on 08/31/2023, unless
terminated pursuant to this Agreement.
1.5. Certification. Grantee certifies under oath that (1) all representations made in this Agreement
are true and correct and (2) all Grant Funds awarded pursuant to this Agreement shall be used only for the
purpose(s) described herein. Grantee acknowledges that the Award is made solely upon this certification and that
any false statements, misrepresentations, or material omissions shall be the basis for immediate termination of
this Agreement and repayment of all Grant Funds.
State of Illinois
INTER -GOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3 4 21
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8.F.c
Agreement No 21-203177
1.6. Signatures. In witness whereof, the Parties hereto have caused this Agreement to be executed
by their duly authorized representatives.
ILLINOIS DEPARTMENT OF COMMERCE AND VILLAGE OF BUFFALO GROVE
ECONOMIC OPPORTUNITY
Bv:
Signature of Sylvia I. Garcia, Acting Director
Bv:
Signature of Designee
Date:
Printed Name:
Printed Title:
Designee
Bv:
Signature of First Other Approver, if Applicable
Date:
Printed Name:
Printed Title:
Other Approver
By:
Signature of Second Other Approver, if Applicable
Date:
Printed Name:
Printed Title:
Second Other Approver
Bv:
Signature of Authorized Representative
Date:
Printed Name: Beverly Sussman
Printed Title: Village President
Email: BSussman@vbg.org
State of Illinois
INTER -GOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3 4 21
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8.F.c
Agreement No 21-203177
ARTICLE II
REQUIRED REPRESENTATIONS
2.1. Standing and Authority. Grantee warrants that:
(a) Grantee is validly existing and in good standing, if applicable, under the laws of the state
in which it was incorporated, organized or created.
(b) Grantee has the requisite power and authority to execute and deliver this Agreement
and all documents to be executed by it in connection with this Agreement, to perform its obligations
hereunder and to consummate the transactions contemplated hereby.
(c) If Grantee is an agency under the laws of a jurisdiction other than Illinois, Grantee
warrants that it is also duly qualified to do business in Illinois and is in good standing with the Illinois
Secretary of State.
(d) The execution and delivery of this Agreement, and the other documents to be executed
by Grantee in connection with this Agreement, and the performance by Grantee of its obligations
hereunder have been duly authorized by all necessary entity action.
(e) This Agreement and all other documents related to this Agreement, including the
Uniform Grant Application, the Exhibits and attachments to which Grantee is a party constitute the legal,
valid and binding obligations of Grantee enforceable against Grantee in accordance with their respective
terms.
2.2. Compliance with Internal Revenue Code. Grantee certifies that it does and will comply with all
provisions of the federal Internal Revenue Code (26 USC 1), the Illinois Income Tax Act (35 ILCS 5), and all rules
promulgated thereunder, including withholding provisions and timely deposits of employee taxes and
unemployment insurance taxes.
2.3. Compliance with Federal Funding Accountability and Transparency Act of 2006. Grantee certifies
that it does and will comply with the reporting requirements of the Federal Funding Accountability and
Transparency Act of 2006 (P.L. 109-282) (FFATA) with respect to Federal Awards greater than or equal to $30,000.
A FFATA sub -award report must be filed by the end of the month following the month in which the award was
made.
2.4. Compliance with Uniform Grant Rules (2 CFR Part 200). Grantee certifies that it shall adhere to
the applicable Uniform Administrative Requirements, Cost Principles, and Audit Requirements, which are
published in Title 2, Part 200 of the Code of Federal Regulations, and are incorporated herein by reference. See 44
III. Admin. Code 7000.40(c)(1)(A).
2.5. Compliance with Registration Requirements. Grantee certifies that it: (i) is registered with the
federal SAM, (ii) is in good standing with the Illinois Secretary of State, if applicable; (iii) have a valid DUNS
Number; (iv) have a valid UEI, if applicable; and (v) have successfully completed the annual registration and
prequalification through the Grantee Portal. It is Grantee's responsibility to remain current with these registrations
and requirements. If Grantee's status with regard to any of these requirements change, or the certifications made
in and information provided in the Uniform Grant Application changes, Grantee must notify the Grantor in
accordance with ARTICLE XVIII.
State of Illinois
INTER -GOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3 4 21
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8.F.c
Agreement No 21-203177
ARTICLE III
DEFINITIONS
3.1. Definitions. Capitalized words and phrases used in this Agreement have the following meanings:
"2 CFR Part 200" means the Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards published in Title 2, Part 200 of the Code of Federal Regulations.
"Agreement" or "Grant Agreement" has the same meaning as in 44 III. Admin. Code 7000.30.
"Allocable Costs" means costs allocable to a particular cost objective if the goods or services involved are
chargeable or assignable to such cost objective in accordance with relative benefits received or other equitable
relationship. Costs allocable to a specific Program may not be shifted to other Programs in order to meet
deficiencies caused by overruns or other fund considerations, to avoid restrictions imposed by law or by the terms
of this Agreement, or for other reasons of convenience.
"Allowable Costs" has the same meaning as in 44 III. Admin. Code 7000.30.
"Assistance Listings" has the same meaning as in 2 CFR 200.1.
"Assistance Listing Number" has the same meaning as in 2 CFR 200.1.
"Assistance Listing Program Title" has the same meaning as in 2 CFR 200.1.
"Award" has the same meaning as in 44 III. Admin. Code 7000.30.
"Budget" has the same meaning as in 44 III. Admin. Code 7000.30.
"Budget Period" has the same meaning as in 2 CFR 200.1.
"Catalog of State Financial Assistance" or "CSFA" has the same meaning as in 44 III. Admin. Code 7000.30.
"Close-out Report" means a report from the Grantee allowing the Grantor to determine whether all
applicable administrative actions and required work have been completed, and therefore closeout actions can
commence.
"Conflict of Interest" has the same meaning as in 44 III. Admin. Code 7000.30.
"Consolidated Year -End Financial Report" or "CYEFR" means a financial information presentation in which
the assets, equity, liabilities, and operating accounts of an entity and its subsidiaries are combined (after
eliminating all inter -entity transactions) and shown as belonging to a single reporting entity.
"Cost Allocation Plan" has the same meaning as in 44 III. Admin. Code 7000.30.
"Direct Costs" has the same meaning as in 44 III. Admin. Code 7000.30.
"Disallowed Costs" has the same meaning as in 44 III. Admin. Code 7000.30.
"DUNS Number" means a unique nine -digit identification number provided by Dun & Bradstreet for each
physical location of Grantee's organization.
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"FAIN" means the Federal Award Identification Number.
"FFATA" or "Federal Funding Accountability and Transparency Act" has the same meaning as in 31 USC
6101; P.L. 110-252.
"Financial Assistance" has the same meaning as in 44 III. Admin. Code 7000.30.
"Fixed -Rate" has the same meaning as in 44 III. Admin. Code 7000.30. "Fixed -Rate" is in contrast to fee -
for -service, 44 III. Admin. Code 7000.30.
"GATU" means the Grant Accountability and Transparency Unit of GOMB.
"Generally Accepted Accounting Principles" or "GAAP" has the same meaning as in 2 CFR 200.1.
"GOMB" means the Illinois Governor's Office of Management and Budget.
"Grant Funds" means the Financial Assistance made available to Grantee through this Agreement.
"Grantee Portal" has the same meaning as in 44 III. Admin. Code 7000.30.
"Improper Payment" has the same meaning as in 2 CFR 200.1.
"Indirect Costs" has the same meaning as in 44 III. Admin. Code 7000.30.
"Indirect Cost Rate" means a device for determining in a reasonable manner the proportion of indirect
costs each Program should bear. It is a ratio (expressed as a percentage) of the Indirect Costs to a Direct Cost base.
If reimbursement of Indirect Costs is allowable under an Award, Grantor will not reimburse those Indirect Costs
unless Grantee has established an Indirect Cost Rate covering the applicable activities and period of time, unless
Indirect Costs are reimbursed at a fixed rate.
"Indirect Cost Rate Proposal" has the same meaning as in 44 III. Admin. Code 7000.30.
"Net Revenue" means an entity's total revenue less its operating expenses, interest paid, depreciation,
and taxes. "Net Revenue" is synonymous with "Profit."
"Nonprofit Organization" has the same meaning as in 2 CFR 200.1.
"Notice of Award" has the same meaning as in 44 III. Admin. Code 7000.30.
"OMB" has the same meaning as in 44 III. Admin. Code 7000.30.
"Obligations" has the same meaning as in 44 III. Admin. Code 7000.30.
"Period of Performance" has the same meaning as in 2 CFR 200.1.
"Prior Approval" has the same meaning as in 44 III. Admin. Code 7000.30.
"Profit" means an entity's total revenue less its operating expenses, interest paid, depreciation, and taxes.
"Profit" is synonymous with "Net Revenue."
"Program" means the services to be provided pursuant to this Agreement.
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"Program Costs" means all Allowable Costs incurred by Grantee and the value of the contributions made
by third parties in accomplishing the objectives of the Award during the Term of this Agreement.
"Related Parties" has the meaning set forth in Financial Accounting Standards Board (FASB) Accounting
Standards Codification (ASC) 850-10-20.
"SAM" means the federal System for Award Management (SAM); which is the federal repository into
which an entity must provide information required for the conduct of business as a recipient. 2 CFR 25 Appendix A
(1)(C)(1).
"State" means the State of Illinois.
"Term" has the meaning set forth in Paragraph 1.4.
"Unallowable Costs" has the same meaning as in 44 III. Admin. Code 7000.30.
"Unique Entity Identifier" or "UEI" means the unique identifier assigned to the Grantee or to
subrecipients by SAM.
ARTICLE IV
PAYMENT
4.1. Availability of Appropriation; Sufficiency of Funds. This Agreement is contingent upon and
subject to the availability of sufficient funds. Grantor may terminate or suspend this Agreement, in whole or in
part, without penalty or further payment being required, if (i) sufficient funds for this Agreement have not been
appropriated or otherwise made available to the Grantor by the State or the federal funding source, (ii) the
Governor or Grantor reserves funds, or (iii) the Governor or Grantor determines that funds will not or may not be
available for payment. Grantor shall provide notice, in writing, to Grantee of any such funding failure and its
election to terminate or suspend this Agreement as soon as practicable. Any suspension or termination pursuant
to this Section will be effective upon the date of the written notice unless otherwise indicated.
4.2. Pre -Award Costs. Pre -award costs are not permitted unless specifically authorized by the Grantor
in Exhibit A, PART TWO or PART THREE of this Agreement. If they are authorized, pre -award costs must be
charged to the initial Budget Period of the Award, unless otherwise specified by the Grantor. 2 CFR 200.458.
4.3. Return of Grant Funds. Any Grant Funds remaining that are not expended or legally obligated by
Grantee, including those funds obligated pursuant to ARTICLE XVII, at the end of the Agreement period, or in the
case of capital improvement Awards at the end of the time period Grant Funds are available for expenditure or
obligation, shall be returned to Grantor within forty-five (45) days. A Grantee who is required to reimburse Grant
Funds and who enters into a deferred payment plan for the purpose of satisfying a past due debt, shall be required
to pay interest on such debt as required by Section 10.2 of the Illinois State Collection Act of 1986. 30 ILCS 210; 44
III. Admin. Code 7000.450(c). In addition, as required by 44 III. Admin. Code 7000.440(b)(2), unless granted a
written extension, Grantee must liquidate all obligations incurred under the Award at the end of the period of
performance.
4.4. Cash Management Improvement Act of 1990. Unless notified otherwise in PART TWO or PART
THREE, federal funds received under this Agreement shall be managed in accordance with the Cash Management
Improvement Act of 1990 (31 USC 6501 et seq.) and any other applicable federal laws or regulations. See 2 CFR
200.305; 44 III. Admin. Code 7000.120.
4.5. Payments to Third Parties. Grantee agrees that Grantor shall have no liability to Grantee when
Grantor acts in good faith to redirect all or a portion of any Grantee payment to a third party. Grantor will be
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deemed to have acted in good faith when it is in possession of information that indicates Grantee authorized
Grantor to intercept or redirect payments to a third party or when so ordered by a court of competent jurisdiction.
4.6. Modifications to Estimated Amount. If the Agreement amount is established on an estimated
basis, then it may be increased by mutual agreement at any time during the Term. Grantor may decrease the
estimated amount of this Agreement at any time during the Term if (i) Grantor believes Grantee will not use the
funds during the Term, (ii) Grantor believes Grantee has used funds in a manner that was not authorized by this
Agreement, (iii) sufficient funds for this Agreement have not been appropriated or otherwise made available to the
Grantor by the State or the federal funding source, (iv) the Governor or Grantor reserves funds, or (v) the Governor
or Grantor determines that funds will or may not be available for payment. Grantee will be notified, in writing, of
any adjustment of the estimated amount of this Agreement. In the event of such reduction, services provided by
Grantee under Exhibit A may be reduced accordingly. Grantee shall be paid for work satisfactorily performed prior
to the date of the notice regarding adjustment. 2 CFR 200.308.
4.7. Interest.
(a) All interest earned on Grant Funds held by a Grantee shall be treated in accordance
with 2 CFR 200.305(b)(9), unless otherwise provided in PART TWO or PART THREE. Any amount due shall
be remitted annually in accordance with 2 CFR 200.305(b)(9) or to the Grantor, as applicable.
(b) Grant Funds shall be placed in an insured account, whenever possible, that bears
interest, unless exempted under 2 CFR 200.305(b)(8).
4.8. Timely Billing Required. Grantee must submit any payment request to Grantor within fifteen (15)
days of the end of the quarter, unless another billing schedule is specified in PART TWO, PART THREE or Exhibit C.
Failure to submit such payment request timely will render the amounts billed an unallowable cost which Grantor
cannot reimburse. In the event that Grantee is unable, for good cause, to submit its payment request timely,
Grantee shall timely notify Grantor and may request an extension of time to submit the payment request.
Grantor's approval of Grantee's request for an extension shall not be unreasonably withheld.
4.9. Certification. Pursuant to 2 CFR 200.415, each invoice and report submitted by Grantee (or sub -
grantee) must contain the following certification by an official authorized to legally bind the Grantee (or sub -
grantee):
By signing this report [or payment request or both], I certify to the best of my
knowledge and belief that the report [or payment request] is true, complete,
and accurate; that the expenditures, disbursements and cash receipts are for
the purposes and objectives set forth in the terms and conditions of the State
or federal pass -through award; and that supporting documentation has been
submitted as required by the grant agreement. I acknowledge that approval for
any other expenditure described herein shall be considered conditional subject
to further review and verification in accordance with the monitoring and
records retention provisions of the grant agreement. I am aware that any false,
fictitious, or fraudulent information, or the omission of any material fact, may
subject me to criminal, civil or administrative penalties for fraud, false
statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and
Title 31, Sections 3729-3730 and 3801-3812; 30 ILCS 708/120).
ARTICLE V
SCOPE OF GRANT ACTIVITIES/PURPOSE OF GRANT
5.1. Scope of Grant Activities/Purpose of Grant. Grantee will conduct the Grant Activities or provide
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the services as described in the Exhibits and attachments, including Exhibit A (Project Description) and Exhibit B
(Deliverables), incorporated herein and in accordance with all terms and conditions set forth herein and all
applicable administrative rules. In addition, the State's Notice of Award is incorporated herein by reference. All
Grantor -specific provisions and programmatic reporting required under this Agreement are described in PART
TWO (The Grantor -Specific Terms). All Project -specific provisions and reporting required under this Agreement are
described in PART THREE.
5.2. Scope Revisions. Grantee shall obtain Prior Approval from Grantor whenever a Scope revision is
necessary for one or more of the reasons enumerated in 2 CFR 200.308. All requests for Scope revisions that
require Grantor approval shall be signed by Grantee's authorized representative and submitted to Grantor for
approval. Expenditure of funds under a requested revision is prohibited and will not be reimbursed if expended
before Grantor gives written approval. See 2 CFR 200.308.
5.3. Specific Conditions. If applicable, specific conditions required after a risk assessment will be
included in Exhibit G. Grantee shall adhere to the specific conditions listed therein.
ARTICLE VI
BUDGET
6.1. Budget. The Budget is a schedule of anticipated grant expenditures that is approved by Grantor
for carrying out the purposes of the Award. When Grantee or third parties support a portion of expenses
associated with the Award, the Budget includes the non-federal as well as the federal share (and State share if
applicable) of grant expenses. The Budget submitted by Grantee at application, or a revised Budget subsequently
submitted and approved by Grantor, is considered final and is incorporated herein by reference.
6.2. Budget Revisions. Grantee shall obtain Prior Approval from Grantor whenever a Budget revision
is necessary for one or more of the reasons enumerated in 2 CFR 200.308 or 44 III. Admin. Code 7000.370(b). All
requests for Budget revisions that require Grantor approval shall be signed by Grantee's authorized representative
and submitted to Grantor for approval. Expenditure of funds under a requested revision is prohibited and will not
be reimbursed if expended before Grantor gives written approval.
6.3. Discretionary and Non -discretionary Line Item Transfers. Discretionary and non -discretionary line
item transfers may only be made in accordance with 2 CFR 200.308 and 44 III. Admin. Code 7000.370. Neither
discretionary nor non -discretionary line item transfers may result in an increase to the total amount of Grant
Funds in the Budget unless Prior Approval is obtained from Grantor.
6.4. Notification. Within thirty (30) calendar days from the date of receipt of the request for Budget
revisions, Grantor will review the request and notify Grantee whether the Budget revision has been approved,
denied, or the date upon which a decision will be reached.
ARTICLE VII
ALLOWABLE COSTS
7.1. Allowability of Costs: Cost Allocation Methods. The allowability of costs and cost allocation
methods for work performed under this Agreement shall be determined in accordance with 2 CFR 200 Subpart E
and Appendices III, IV, and V.
7.2. Indirect Cost Rate Submission.
(a) All Grantees must make an Indirect Cost Rate election in the Grantee Portal, even
grantees that do not charge or expect to charge Indirect Costs. 44 III. Admin. Code 7000.420(d).
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(i) Waived and de minimis Indirect Cost Rate elections will remain in effect until
the Grantee elects a different option.
(b) A Grantee must submit an Indirect Cost Rate Proposal in accordance with federal
regulations, in a format prescribed by Grantor. For Grantees who have never negotiated an Indirect Cost
Rate before, the Indirect Cost Rate Proposal must be submitted for approval no later than three months
after the effective date of the Award. For Grantees who have previously negotiated an Indirect Cost Rate,
the Indirect Cost Rate Proposal must be submitted for approval within 180 days of the Grantee's fiscal
year end, as dictated in the applicable appendices, such as:
(i) Appendix V and VII to 2 CFR Part 200 governs Indirect Cost Rate Proposals for
state and local governments,
(ii) Appendix III to 2 CFR Part 200 governs Indirect Cost Rate Proposals for public
and private institutions of higher education,
(iii) Appendix IV to 2 CFR Part 200 governs Indirect (F&A) Costs Identification and
Assignment, and Rate Determination for Nonprofit Organizations, and
(iv) Appendix V to 2 CFR Part 200 governs state/Local Governmentwide Central
Service Cost Allocation Plans.
(c) A Grantee who has a current, applicable rate negotiated by a cognizant federal agency
shall provide to Grantor a copy of its Indirect Cost Rate acceptance letter from the federal government
and a copy of all documentation regarding the allocation methodology for costs used to negotiate that
rate, e.g., without limitation, the cost policy statement or disclosure narrative statement. Grantor will
accept that Indirect Cost Rate, up to any statutory, rule -based or programmatic limit.
(d) A Grantee who does not have a current negotiated rate, may elect to charge a de
minimis rate of 10% of modified total direct costs which may be used indefinitely. No documentation is
required to justify the 10% de minimis Indirect Cost Rate. 2 CFR 200.414(f).
7.3. Transfer of Costs. Cost transfers between Grants, whether as a means to compensate for cost
overruns or for other reasons, are unallowable. See 2 CFR 200.451.
7.4. Higher Education Cost Principles. The federal cost principles that apply to public and private
institutions of higher education are set forth in 2 CFR Part 200 Subpart E and Appendix III.
7.5. Government Cost Principles. The federal cost principles that apply to state, local and federally -
recognized Indian tribal governments are set forth in 2 CFR Part 200 Subpart E, Appendix V, and Appendix VII.
7.6. Financial Management Standards. The financial management systems of Grantee must meet the
following standards:
(a) Accounting System. Grantee organizations must have an accounting system that
provides accurate, current, and complete disclosure of all financial transactions related to each state- and
federally -funded Program. Accounting records must contain information pertaining to state and federal
pass -through awards, authorizations, obligations, unobligated balances, assets, outlays, and income.
These records must be maintained on a current basis and balanced at least quarterly. Cash contributions
to the Program from third parties must be accounted for in the general ledger with other Grant Funds.
Third party in -kind (non -cash) contributions are not required to be recorded in the general ledger, but
must be under accounting control, possibly through the use of a memorandum ledger. To comply with 2
CFR 200.305(b)(7)(i) and 30 ILCS 708/520, Grantee shall use reasonable efforts to ensure that funding
streams are delineated within Grantee's accounting system. See 2 CFR 200.302.
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(b) Source Documentation. Accounting records must be supported by such source
documentation as canceled checks, bank statements, invoices, paid bills, donor letters, time and
attendance records, activity reports, travel reports, contractual and consultant agreements, and
subaward documentation. All supporting documentation should be clearly identified with the Award and
general ledger accounts which are to be charged or credited.
(i) The documentation standards for salary charges to grants are prescribed by 2
CFR 200.430, and in the cost principles applicable to the entity's organization (Paragraphs 7.4
through 7.5).
(ii) If records do not meet the standards in 2 CFR 200.430, then Grantor may notify
Grantee in PART TWO, PART THREE or Exhibit G of the requirement to submit Personnel activity
reports. See 2 CFR 200.430(i)(8). Personnel activity reports shall account on an after -the -fact
basis for one hundred percent (100%) of the employee's actual time, separately indicating the
time spent on the grant, other grants or projects, vacation or sick leave, and administrative time,
if applicable. The reports must be signed by the employee, approved by the appropriate official,
and coincide with a pay period. These time records should be used to record the distribution of
salary costs to the appropriate accounts no less frequently than quarterly.
(iii) Formal agreements with independent contractors, such as consultants, must
include a description of the services to be performed, the period of performance, the fee and
method of payment, an itemization of travel and other costs which are chargeable to the
agreement, and the signatures of both the contractor and an appropriate official of Grantee.
(iv) If third party in -kind (non -cash) contributions are used for Grant purposes, the
valuation of these contributions must be supported with adequate documentation.
(c) Internal Control. Effective control and accountability must be maintained for all cash,
real and personal property, and other assets. Grantee must adequately safeguard all such property and
must provide assurance that it is used solely for authorized purposes. Grantee must also have systems in
place that provide reasonable assurance that the information is accurate, allowable, and compliant with
the terms and conditions of this Agreement. 2 CFR 200.303.
(d) Budget Control. Records of expenditures must be maintained for each Award by the
cost categories of the approved Budget (including indirect costs that are charged to the Award), and
actual expenditures are to be compared with Budgeted amounts at least quarterly.
(e) Cash Management. Requests for advance payment shall be limited to Grantee's
immediate cash needs. Grantee must have written procedures to minimize the time elapsing between the
receipt and the disbursement of Grant Funds to avoid having excess funds on hand. 2 CFR 200.305.
7.7. Federal Requirements. All Awards, whether funded in whole or in part with either federal or
State funds, are subject to federal requirements and regulations, including but not limited to 2 CFR Part 200, 44 III
Admin. Code 7000.30(b) and the Financial Management Standards in Paragraph 7.6.
7.8. Profits. It is not permitted for any person or entity to earn a Profit from an Award. See, e.g., 2
CFR 200.400(g); see also 30 ILCS 708/60(a)(7).
7.9. Management of Program Income. Grantee is encouraged to earn income to defray program
costs where appropriate, subject to 2 CFR 200.307.
ARTICLE VIII
REQUIRED CERTIFICATIONS
8.1. Certifications. Grantee shall be responsible for compliance with the enumerated certifications to
the extent that the certifications apply to Grantee.
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(a) Bribery. Grantee certifies that it has not been convicted of bribery or attempting to
bribe an officer or employee of the state of Illinois, nor made an admission of guilt of such conduct which
is a matter of record (30 ILCS 500/50-5).
(b) Bid Rigging. Grantee certifies that it has not been barred from contracting with a unit of
state or local government as a result of a violation of Paragraph 33E-3 or 33E-4 of the Criminal Code of
1961 (720 ILCS 5/33E-3 or 720 ILCS 5/33E-4, respectively).
(c) Debt to State. Grantee certifies that neither it, nor its affiliate(s), is/are barred from
receiving an Award because Grantee, or its affiliate(s), is/are delinquent in the payment of any debt to the
State, unless Grantee, or its affiliate(s), has/have entered into a deferred payment plan to pay off the
debt, and Grantee acknowledges Grantor may declare the Agreement void if the certification is false (30
ILCS 500/50-11).
(d) Educational Loan. Grantee certifies that it is not barred from receiving State agreements
as a result of default on an educational loan (5 ILCS 385/1 etseq.).
(e) International Boycott. Grantee certifies that neither it nor any substantially owned
affiliated company is participating or shall participate in an international boycott in violation of the
provision of the U.S. Export Administration Act of 1979 (50 USC Appendix 2401 et seq.) or the regulations
of the U.S. Department of Commerce promulgated under that Act (15 CFR Parts 730 through 774).
(f) Dues and Fees. Grantee certifies that it is not prohibited from receiving an Award
because it pays dues or fees on behalf of its employees or agents, or subsidizes or otherwise reimburses
them for payment of their dues or fees to any club which unlawfully discriminates (775 ILCS 25/1 etseq.).
(g) Pro -Children Act. Grantee certifies that it is in compliance with the Pro -Children Act of
2001 in that it prohibits smoking in any portion of its facility used for the provision of health, day care,
early childhood development services, education or library services to children under the age of eighteen
(18), which services are supported by federal or state government assistance (except such portions of the
facilities which are used for inpatient substance abuse treatment) (20 USC 7181-7184).
(h) Drug -Free Work Place. If Grantee is not an individual, Grantee certifies it will provide a
drug free workplace pursuant to the Drug Free Workplace Act. 30 ILCS 580/3. If Grantee is an individual
and this Agreement is valued at more than $5,000, Grantee certifies it shall not engage in the unlawful
manufacture, distribution, dispensation, possession, or use of a controlled substance during the
performance of the Agreement. 30 ILCS 580/4. Grantee further certifies that it is in compliance with the
government -wide requirements for a drug -free workplace as set forth in 41 USC 8102.
(i) Motor Voter Law. Grantee certifies that it is in full compliance with the terms and
provisions of the National Voter Registration Act of 1993 (52 USC 20501 etseq.).
0) Clean Air Act and Clean Water Act. Grantee certifies that it is in compliance with all
applicable standards, order or regulations issued pursuant to the Clean Air Act (42 USC §7401 et seq.) and
the Federal Water Pollution Control Act, as amended (33 USC 1251 etseq.).
(k) Debarment. Grantee certifies that it is not debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this Agreement by any
federal department or agency 2 CFR 200.205(a), or by the State (See 30 ILCS 708/25(6)(G)).
(1) Non -procurement Debarment and Suspension. Grantee certifies that it is in compliance
with Subpart C of 2 CFR Part 180 as supplemented by 2 CFR Part 376, Subpart C.
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(m) Grant for the Construction of Fixed Works. Grantee certifies that all Programs for the
construction of fixed works which are financed in whole or in part with funds provided by this Agreement
shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of that Act
exempt its application. In the construction of the Program, Grantee shall comply with the requirements of
the Prevailing Wage Act including, but not limited to, inserting into all contracts for such construction a
stipulation to the effect that not less than the prevailing rate of wages as applicable to the Program shall
be paid to all laborers, workers, and mechanics performing work under the Award and requiring all bonds
of contractors to include a provision as will guarantee the faithful performance of such prevailing wage
clause as provided by contract.
(n) Health Insurance Portability and Accountability Act. Grantee certifies that it is in
compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law No.
104-191, 45 CFR Parts 160, 162 and 164, and the Social Security Act, 42 USC 1320d-2 through 1320d-7, in
that it may not use or disclose protected health information other than as permitted or required by law
and agrees to use appropriate safeguards to prevent use or disclosure of the protected health
information. Grantee shall maintain, for a minimum of six (6) years, all protected health information.
(o) Criminal Convictions. Grantee certifies that neither it nor any managerial agent of
Grantee has been convicted of a felony under the Sarbanes-Oxley Act of 2002, nor a Class 3 or Class 2
felony under Illinois Securities Law of 1953, or that at least five (5) years have passed since the date of the
conviction. Grantee further certifies that it is not barred from receiving an Award under 30 ILCS 500/50-
10.5, and acknowledges that Grantor shall declare the Agreement void if this certification is false (30 ILCS
500/50-10.5).
(p) Forced Labor Act. Grantee certifies that it complies with the State Prohibition of Goods
from Forced Labor Act, and certifies that no foreign -made equipment, materials, or supplies furnished to
the State under this Agreement have been or will be produced in whole or in part by forced labor, convict
labor, or indentured labor under penal sanction (30 ILCS 583).
(q) Illinois Use Tax. Grantee certifies in accordance with 30 ILCS 500/50-12 that it is not
barred from receiving an Award under this Paragraph. Grantee acknowledges that this Agreement may
be declared void if this certification is false.
(r) Environmental Protection Act Violations. Grantee certifies in accordance with 30 ILCS
500/50-14 that it is not barred from receiving an Award under this Paragraph. Grantee acknowledges that
this Agreement may be declared void if this certification is false.
(s) Goods from Child Labor Act. Grantee certifies that no foreign -made equipment,
materials, or supplies furnished to the State under this Agreement have been produced in whole or in part
by the labor of any child under the age of twelve (12) (30 ILCS 584).
(t) Federal Funding Accountability and Transparency Act of 2006. Grantee certifies that it
is in compliance with the terms and requirements of 31 USC 6101.
(u) Illinois Works Review Panel. For Awards made for public works projects, as defined in
the Illinois Works Jobs Program Act, Grantee certifies that it and any contractor(s) or sub-contractor(s)
that performs work using funds from this Award, shall, upon reasonable notice, appear before and
respond to requests for information from the Illinois Works Review Panel. 30 ILCS 559/20-25(d).
ARTICLE IX
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CRIMINAL DISCLOSURE
9.1. Mandatory Criminal Disclosures. Grantee shall continue to disclose to Grantor all violations of
criminal law involving fraud, bribery or gratuity violations potentially affecting this Award. See 30 ILCS 708/40.
Additionally, if Grantee receives over $10 million in total Financial Assistance, funded by either State or federal
funds, during the period of this Award, Grantee must maintain the currency of information reported to SAM
regarding civil, criminal or administrative proceedings as required by 2 CFR 200.113 and Appendix XII of 2 CFR Part
200, and 30 ILCS 708/40.
ARTICLE X
UNLAWFUL DISCRIMINATION
10.1. Compliance with Nondiscrimination Laws. Both Parties, their employees and subcontractors
under subcontract made pursuant to this Agreement, remain compliant with all applicable provisions of state and
federal laws and regulations pertaining to nondiscrimination, sexual harassment and equal employment
opportunity including, but not limited to, the following laws and regulations and all subsequent amendments
thereto:
(a) The Illinois Human Rights Act (775 ILCS 5/1-101 et seq.), including, without limitation, 44
III. Admin. Code Part 750, which is incorporated herein;
(b) The Public Works Employment Discrimination Act (775 ILCS 10/1 etseq.);
(c) The United States Civil Rights Act of 1964 (as amended) (42 USC 2000a- and 2000h-6).
(See also guidelines to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against
National Origin Discrimination Affecting Limited English Proficient Persons [Federal Register: February 18,
2002 (Volume 67, Number 13, Pages 2671-2685)]);
(d) Section 504 of the Rehabilitation Act of 1973 (29 USC 794);
(e) The Americans with Disabilities Act of 1990 (as amended) (42 USC 12101 etseq.); and
(f) The Age Discrimination Act (42 USC 6101 etseq.).
ARTICLE XI
LOBBYING
11.1. Improper Influence. Grantee certifies that no Grant Funds have been paid or will be paid by or on
behalf of Grantee to any person for influencing or attempting to influence an officer or employee of any
government agency, a member of Congress or Illinois General Assembly, an officer or employee of Congress or
Illinois General Assembly, or an employee of a member of Congress or Illinois General Assembly in connection with
the awarding of any agreement, the making of any grant, the making of any loan, the entering into of any
cooperative agreement, or the extension, continuation, renewal, amendment or modification of any agreement,
grant, loan or cooperative agreement. 31 USC 1352. Additionally, Grantee certifies that it has filed the required
certification under the Byrd Anti -Lobbying Amendment (31 USC 1352), if applicable.
11.2. Federal Form LLL. If any funds, other than federally -appropriated funds, were paid or will be paid
to any person for influencing or attempting to influence any of the above persons in connection with this
Agreement, the undersigned must also complete and submit Federal Form LLL, Disclosure of Lobbying Activities
Form, in accordance with its instructions.
11.3. Lobbying Costs. Grantee certifies that it is in compliance with the restrictions on lobbying set
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forth in 2 CFR 200.450. For any Indirect Costs associated with this Agreement, total lobbying costs shall be
separately identified in the Program Budget, and thereafter treated as other Unallowable Costs.
11.4. Procurement Lobbying. Grantee warrants and certifies that it and, to the best of its knowledge,
its sub -grantees have complied and will comply with Executive Order No. 1 (2007) (EO 1-2007). EO 1-2007
generally prohibits Grantees and subcontractors from hiring the then -serving Governor's family members to lobby
procurement activities of the State, or any other unit of government in Illinois including local governments, if that
procurement may result in a contract valued at over $25,000. This prohibition also applies to hiring for that same
purpose any former State employee who had procurement authority at any time during the one-year period
preceding the procurement lobbying activity.
11.5. Subawards. Grantee must include the language of this ARTICLE XI in the award documents for
any subawards made pursuant to this Award at all tiers. All sub-awardees are also subject to certification and
disclosure. Pursuant to Appendix II(I) to 2 CFR Part 200, Grantee shall forward all disclosures by contractors
regarding this certification to Grantor.
11.6. Certification. This certification is a material representation of fact upon which reliance was
placed to enter into this transaction and is a prerequisite for this transaction, pursuant to 31 USC 1352. Any person
who fails to file the required certifications shall be subject to a civil penalty of not less than $10,000, and not more
than $100,000, for each such failure.
ARTICLE XII
MAINTENANCE AND ACCESSIBILITY OF RECORDS; MONITORING
12.1. Records Retention. Grantee shall maintain for three (3) years from the date of submission of the
final expenditure report, adequate books, all financial records and, supporting documents, statistical records, and
all other records pertinent to this Award, adequate to comply with 2 CFR 200.334, unless a different retention
period is specified in 2 CFR 200.334 or 44 III. Admin. Code 7000.430(a) and (b). If any litigation, claim or audit is
started before the expiration of the retention period, the records must be retained until all litigation, claims or
audit exceptions involving the records have been resolved and final action taken.
12.2. Accessibility of Records. Grantee, in compliance with 2 CFR 200.337 and 44 III. Admin. Code
7000.430(e), shall make books, records, related papers, supporting documentation and personnel relevant to this
Agreement available to authorized Grantor representatives, the Illinois Auditor General, Illinois Attorney General,
any Executive Inspector General, the Grantor's Inspector General, federal authorities, any person identified in 2
CFR 200.337, and any other person as may be authorized by Grantor (including auditors), by the state of Illinois or
by federal statute. Grantee shall cooperate fully in any such audit or inquiry.
12.3. Failure to Maintain Books and Records. Failure to maintain books, records and supporting
documentation, as described in this ARTICLE XII, shall establish a presumption in favor of the State for the recovery
of any funds paid by the State under this Agreement for which adequate books, records and supporting
documentation are not available to support disbursement.
12.4. Monitoring and Access to Information. Grantee must monitor its activities to assure compliance
with applicable state and federal requirements and to assure its performance expectations are being achieved.
Grantor shall monitor the activities of Grantee to assure compliance with all requirements and performance
expectations of the award. Grantee shall timely submit all financial and performance reports, and shall supply,
upon Grantor's request, documents and information relevant to the Award. Grantor may make site visits as
warranted by program needs. See 2 CFR 200.329 and 200.332. Additional monitoring requirements may be in
PART TWO or PART THREE.
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ARTICLE XIII
FINANCIAL REPORTING REQUIREMENTS
13.1. Required Periodic Financial Reports. Grantee agrees to submit financial reports as requested and
in the format required by Grantor. Grantee shall file quarterly reports with Grantor describing the expenditure(s)
of the funds related thereto, unless more frequent reporting is required by the Grantee pursuant to specific award
conditions. 2 CFR 200.208. Unless so specified, the first of such reports shall cover the first three months after the
Award begins, and reports must be submitted no later than the due date(s) specified in PART TWO or PART THREE,
unless additional information regarding required financial reports is set forth in Exhibit G. Failure to submit the
required financial reports may cause a delay or suspension of funding. 30 ILCS 705/1 et seq.; 2 CFR 208(b)(3) and
200.328. Any report required by 30 ILCS 708/125 may be detailed in PART TWO or PART THREE.
13.2. Close-out Reports.
(a) Grantee shall submit a Close-out Report no later than the due date specified in PART
TWO or PART THREE following the end of the period of performance for this Agreement or Agreement
termination. The format of this Close-out Report shall follow a format prescribed by Grantor. 2 CFR
200.344; 44 III. Admin. Code 7000.440(b).
(b) If an audit or review of Grantee occurs and results in adjustments after Grantee submits
a Close-out Report, Grantee will submit a new Close-out Report based on audit adjustments, and
immediately submit a refund to Grantor, if applicable. 2 CFR 200.345.
13.3. Effect of Failure to Comply. Failure to comply with reporting requirements shall result in the
withholding of funds, the return of Improper Payments or Unallowable Costs, will be considered a material breach
of this Agreement and may be the basis to recover Grant Funds. Grantee's failure to comply with this ARTICLE XIII,
ARTICLE XIV, or ARTICLE XV shall be considered prima facie evidence of a breach and may be admitted as such,
without further proof, into evidence in an administrative proceeding before Grantor, or in any other legal
proceeding. Grantee should refer to the State of Illinois Grantee Compliance Enforcement System for policy and
consequences for failure to comply. 44 III. Admin. Code 7000.80.
ARTICLE XIV
PERFORMANCE REPORTING REQUIREMENTS
14.1. Required Periodic Performance Reports. Grantee agrees to submit Performance Reports as
requested and in the format required by Grantor. Performance Measures listed in Exhibit E must be reported
quarterly, unless otherwise specified in PART TWO, PART THREE or Exhibit G. Unless so specified, the first of such
reports shall cover the first three months after the Award begins. If Grantee is not required to report performance
quarterly, then Grantee must submit a Performance Report at least annually. Pursuant to 2 CFR 200.208, specific
conditions may be imposed requiring Grantee to report more frequently based on the risk assessment or the
merit -based review of the application. In such cases, Grantor shall notify Grantee of same in Exhibit G. Pursuant
to 2 CFR 200.329 and 44 III. Admin. Code 7000.410(b)(2), periodic Performance Reports shall be submitted no later
than the due date(s) specified in PART TWO or PART THREE. For certain construction -related Awards, such reports
may be exempted as identified in PART TWO or PART THREE. 2 CFR 200.329. Failure to submit such required
Performance Reports may cause a delay or suspension of funding. 30 ILCS 705/1 et seq.
14.2. Close-out Performance Reports. Grantee agrees to submit a Close-out Performance Report, in
the format required by Grantor, no later than the due date specified in PART TWO or PART THREE following the
end of the period of performance or Agreement termination. See 2 CFR 200.344; 44 III. Admin. Code
7000.440(b) (1).
14.3. Content of Performance Reports. Pursuant to 2 CFR 200.329(b) and (c), all Performance Reports
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must relate the financial data and accomplishments to the performance goals and objectives of this Award and
also include the following: a comparison of actual accomplishments to the objectives of the award established for
the period; where the accomplishments can be quantified, a computation of the cost; and demonstration of cost
effective practices (e.g., through unit cost data); performance trend data and analysis if required; and reasons why
established goals were not met, if appropriate. Appendices may be used to include additional supportive
documentation. Additional content and format guidelines for the Performance Reports will be determined by
Grantor contingent on the Award's statutory, regulatory and administrative requirements, and are included in
PART TWO or PART THREE of this Agreement.
14.4. Performance Standards. Grantee shall perform in accordance with the Performance Standards
set forth in Exhibit F. See 2 CFR 200.301 and 200.210.
ARTICLE XV
AUDIT REQUIREMENTS
15.1. Audits. Grantee shall be subject to the audit requirements contained in the Single Audit Act
Amendments of 1996 (31 USC 7501-7507) and Subpart F of 2 CFR Part 200, and the audit rules and policies set
forth by the Governor's Office of Management and Budget. See 30 ILCS 708/65(c); 44 III. Admin. Code 7000.90.
15.2. Consolidated Year -End Financial Reports (CYEFR). All grantees are required to complete and
submit a CYEFR through the Grantee Portal. The CYEFR is a required schedule in the Grantee's audit report if the
Grantee is required to complete and submit an audit report as set forth herein.
(a) This Paragraph 15.2 applies to all Grantees, unless exempted pursuant to a federal or
state statute or regulation, which is identified in PART TWO or PART THREE.
(b) The CYEFR must cover the same period as the Audited Financial Statements, if required,
and must be submitted in accordance with the audit schedule at 44 III. Admin. Code 7000.90. If Audited
Financial Statements are not required, however, then the CYEFR must cover the Grantee's fiscal year and
must be submitted within 6 months of the Grantee's fiscal year-end.
(c) CYEFRs must include an in relation to opinion from the auditor of the financial
statements included in the CYEFR.
(d) CYEFRs shall follow a format prescribed by Grantor.
15.3. Audit Requirements.
(a) Single and Program -Specific Audits. If, during its fiscal year, Grantee expends $750,000
or more in Federal Awards (direct federal and federal pass -through awards combined), Grantee must
have a single audit or program -specific audit conducted for that year as required by 2 CFR 200.501 and
other applicable sections of Subpart F of 2 CFR Part 200. The audit report packet must be completed as
described in 2 CFR 200.512 (single audit) or 2 CFR 200.507 (program -specific audit), 44 III. Admin. Code
7000.90(h)(1) and the current GATA audit manual and submitted to the Federal Audit Clearinghouse, as
required by 2 CFR 200.512. The results of peer and external quality control reviews, management letters,
AU-C 265 communications and the Consolidated Year -End Financial Report(s) must be submitted to the
Grantee Portal. The due date of all required submissions set forth in this Paragraph is the earlier of (i) 30
calendar days after receipt of the auditor's report(s) or (ii) nine (9) months after the end of the Grantee's
audit period.
(b) Financial Statement Audit. If, during its fiscal year, Grantee expends less than $750,000
in Federal Awards, Grantee is subject to the following audit requirements:
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(i) If, during its fiscal year, Grantee expends $500,000 or more in Federal and state
Awards, singularly or in any combination, from all sources, Grantee must have a financial
statement audit conducted in accordance with the Generally Accepted Government Auditing
Standards (GAGAS). Grantee may be subject to additional requirements in PART TWO, PART
THREE or Exhibit G based on the Grantee's risk profile.
(ii) If, during its fiscal year, Grantee expends less than $500,000 in Federal and
state Awards, singularly or in any combination, from all sources, but expends $300,000 or more
in Federal and state Awards, singularly or in any combination, from all sources, Grantee must
have a financial statement audit conducted in accordance with the Generally Accepted Auditing
Standards (GAAS).
(iii) If Grantee is a Local Education Agency (as defined in 34 CFR 77.1), Grantee shall
have a financial statement audit conducted in accordance with GAGAS, as required by 23 III.
Admin. Code 100.110, regardless of the dollar amount of expenditures of Federal and state
Awards.
(iv) If Grantee does not meet the requirements in subsections 15.3(a) and 15.3(b)(i-
iii) but is required to have a financial statement audit conducted based on other regulatory
requirements, Grantee must submit those audits for review.
(v) Grantee must submit its financial statement audit report packet, as set forth in
44 III. Admin. Code 7000.90(h)(2) and the current GATA audit manual, to the Grantee Portal
within the earlier of (i) 30 calendar days after receipt of the auditor's report(s) or (ii) 6 months
after the end of the Grantee's audit period.
15.4. Performance of Audits. For those organizations required to submit an independent audit report,
the audit is to be conducted by the Illinois Auditor General, or a Certified Public Accountant or Certified Public
Accounting Firm licensed in the state of Illinois or in accordance with Section 5.2 of the Illinois Public Accounting
Act (225 ILCS 450/5.2). For all audits required to be performed subject to Generally Accepted Government
Auditing standards or Generally Accepted Auditing standards, Grantee shall request and maintain on file a copy of
the auditor's most recent peer review report and acceptance letter. Grantee shall follow procedures prescribed by
Grantor for the preparation and submission of audit reports and any related documents.
15.5. Delinquent Reports. Notwithstanding anything herein to the contrary, when such reports or
statements required under this section are prepared by the Illinois Auditor General, if they are not available by the
above -specified due date, they will be provided to Grantor within thirty (30) days of becoming available.
Otherwise, Grantee should refer to the State of Illinois Grantee Compliance Enforcement System for the policy and
consequences for late reporting. 44 III. Admin. Code 7000.80.
ARTICLE XVI
TERMINATION; SUSPENSION; NON-COMPLIANCE
16.1. Termination.
(a) This Agreement may be terminated, in whole or in part, by either Party for any or no
reason upon thirty (30) calendar days' prior written notice to the other Party. If terminated by the
Grantee, Grantee must include the reasons for such termination, the effective date, and, in the case of a
partial termination, the portion to be terminated. If Grantor determines in the case of a partial
termination that the reduced or modified portion of the Award will not accomplish the purposes for
which the Award was made, Grantor may terminate the Agreement in its entirety. 2 CFR 200.340(a)(4).
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notice:
(b) This Agreement may be terminated, in whole or in part, by Grantor without advance
(i) Pursuant to a funding failure under Paragraph 4.1;
(ii) If Grantee fails to comply with the terms and conditions of this or any Award,
application or proposal, including any applicable rules or regulations, or has made a false
representation in connection with the receipt of this or any Grant;
(iii) If the Award no longer effectuates the program goals or agency priorities as set
forth in Exhibit A, PART TWO or PART THREE; or
(iv) If Grantee breaches this Agreement and either (1) fails to cure such breach
within 15 calendar days' written notice thereof, or (2) if such cure would require longer than 15
calendar days and the Grantee has failed to commence such cure within 15 calendar days'
written notice thereof. In the event that Grantor terminates this Agreement as a result of the
breach of the Agreement by Grantee, Grantee shall be paid for work satisfactorily performed
prior to the date of termination.
16.2. Suspension. Grantor may suspend this Agreement, in whole or in part, pursuant to a funding
failure under Paragraph 4.1 or if the Grantee fails to comply with terms and conditions of this or any Award. If
suspension is due to Grantee's failure to comply, Grantor may withhold further payment and prohibit Grantee
from incurring additional obligations pending corrective action by Grantee or a decision to terminate this
Agreement by Grantor. Grantor may determine to allow necessary and proper costs that Grantee could not
reasonably avoid during the period of suspension.
16.3. Non-compliance. If Grantee fails to comply with the U.S. Constitution, applicable statutes,
regulations or the terms and conditions of this or any Award, Grantor may impose additional conditions on
Grantee, as described in 2 CFR 200.208. If Grantor determines that non-compliance cannot be remedied by
imposing additional conditions, Grantor may take one or more of the actions described in 2 CFR 200.339. The
Parties shall follow all Grantor policies and procedures regarding non-compliance, including, but not limited to, the
procedures set forth in the State of Illinois Grantee Compliance Enforcement System. 44 III. Admin. Code 7000.80
and 7000.260.
16.4. Objection. If Grantor suspends or terminates this Agreement, in whole or in part, for cause, or
takes any other action in response to Grantee's non-compliance, Grantee may avail itself of any opportunities to
object and challenge such suspension, termination or other action by Grantor in accordance with any applicable
processes and procedures, including, but not limited to, the procedures set forth in the State of Illinois Grantee
Compliance Enforcement System. 2 CFR 200,342; 44 III. Admin. Code 7000.80 and 7000.260.
16.5. Effects of Suspension and Termination.
(a) Grantor may credit Grantee for expenditures incurred in the performance of authorized
services under this Agreement prior to the effective date of a suspension or termination.
(b) Grantee shall not incur any costs or obligations that require the use of these Grant
Funds after the effective date of a suspension or termination, and shall cancel as many outstanding
obligations as possible.
(c) Costs to Grantee resulting from obligations incurred by Grantee during a suspension or
after termination of the Agreement are not allowable unless:
(i) Grantor expressly authorizes them in the notice of suspension or termination;
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and
(ii) The costs result from obligations properly incurred before the effective date of
suspension or termination, are not in anticipation of the suspension or termination, and the costs
would be allowable if the Agreement was not suspended or terminated. 2 CFR 200.343.
16.6. Close-out of Terminated Agreements. If this Agreement is terminated, in whole or in part, the
Parties shall comply with all close-out and post -termination requirements of this Agreement. 2 CFR 200.340(d).
ARTICLE XVII
SU BCO NTRACTS/SU B-G RANTS
17.1. Sub-recipients/Delegation. Grantee may not subcontract nor sub -grant any portion of this
Agreement nor delegate any duties hereunder without Prior Approval of Grantor. The requirement for Prior
Approval is satisfied if the subcontractor or sub -grantee has been identified in the Uniform Grant Application, such
as, without limitation, a Project Description, and Grantor has approved. Grantee must notify any potential sub -
recipient that the sub -recipient shall obtain and provide to the Grantee a Unique Entity Identifier prior to receiving
a subaward. 2 CFR 25.300.
17.2. Application of Terms. Grantee shall advise any sub -grantee of funds awarded through this
Agreement of the requirements imposed on them by federal and state laws and regulations, and the provisions of
this Agreement. The terms of this Agreement shall apply to all subawards authorized in accordance with
Paragraph 17.1. 2 CFR 200.101(b)(2).
17.3. Liability as Guaranty. Grantee shall be liable as guarantor for any Grant Funds it obligates to a
sub -grantee or sub -contractor pursuant to Paragraph 17.1 in the event the Grantor determines the funds were
either misspent or are being improperly held and the sub -grantee or sub -contractor is insolvent or otherwise fails
to return the funds. 2 CFR 200.345; 30 ILCS 705/6; 44 III. Admin. Code 7000.450(a).
ARTICLE XVIII
NOTICE OF CHANGE
18.1. Notice of Change. Grantee shall notify the Grantor if there is a change in Grantee's legal status,
federal employer identification number (FEIN), DUNS Number, UEI, SAM registration status, Related Parties, or
address. See 30 ILCS 708/60(a). If the change is anticipated, Grantee shall give thirty (30) days' prior written notice
to Grantor. If the change is unanticipated, Grantee shall give notice as soon as practicable thereafter. Grantor
reserves the right to take any and all appropriate action as a result of such change(s).
18.2. Failure to Provide Notification. To the extent permitted by Illinois law, Grantee shall hold
harmless Grantor for any acts or omissions of Grantor resulting from Grantee's failure to notify Grantor of these
changes.
18.3. Notice of Impact. Grantee shall immediately notify Grantor of any event that may have a material
impact on Grantee's ability to perform this Agreement.
18.4. Circumstances Affecting Performance; Notice. In the event Grantee becomes a party to any
litigation, investigation or transaction that may reasonably be considered to have a material impact on Grantee's
ability to perform under this Agreement, Grantee shall notify Grantor, in writing, within five (5) calendar days of
determining such litigation or transaction may reasonably be considered to have a material impact on the
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Grantee's ability to perform under this Agreement.
18.5. Effect of Failure to Provide Notice. Failure to provide the notice described in Paragraph 18.4 shall
be grounds for immediate termination of this Agreement and any costs incurred after notice should have been
given shall be disallowed.
ARTICLE XIX
STRUCTURAL REORGANIZATION
19.1. Effect of Reorganization. Grantee acknowledges that this Agreement is made by and between
Grantor and Grantee, as Grantee is currently organized and constituted. No promise or undertaking made
hereunder is an assurance that Grantor agrees to continue this Agreement, or any license related thereto, should
Grantee significantly reorganize or otherwise substantially change the character of its corporate structure,
business structure or governance structure. Grantee agrees that it will give Grantor prior notice of any such action
or changes significantly affecting its overall structure, and will provide any and all reasonable documentation
necessary for Grantor to review the proposed transaction including financial records and corporate and
shareholder minutes of any corporation which may be involved. This ARTICLE XIX does not require Grantee to
report on minor changes in the makeup of its governance structure. Nevertheless, PART TWO or PART THREE may
impose further restrictions. Failure to comply with this ARTICLE XIX shall constitute a material breach of this
Agreement.
ARTICLE XX
AGREEMENTS WITH OTHER STATE AGENCIES
20.1. Copies upon Request. Grantee shall, upon request by Grantor, provide Grantor with copies of
contracts or other agreements to which Grantee is a party with any other State agency.
ARTICLE XXI
CONFLICT OF INTEREST
21.1. Required Disclosures. Grantee must immediately disclose in writing any potential or actual
Conflict of Interest to the Grantor. 2 CFR 200.113 and 30 ILCS 708/35.
21.2. Prohibited Payments. Grantee agrees that payments made by Grantor under this Agreement will
not be used to compensate, directly or indirectly, any person currently holding an elective office in this State
including, but not limited to, a seat in the General Assembly. In addition, where the Grantee is not an
instrumentality of the State of Illinois, as described in this Paragraph, Grantee agrees that payments made by
Grantor under this Agreement will not be used to compensate, directly or indirectly, any person employed by an
office or agency of the state of Illinois whose annual compensation is in excess of sixty percent (60%) of the
Governor's annual salary, or $106,447.20 (30 ILCS 500/50-13). An instrumentality of the State of Illinois includes,
without limitation, State departments, agencies, boards, and State universities. An instrumentality of the State of
Illinois does not include, without limitation, municipalities and units of local government and related entities. 2 CFR
200.64.
21.3. Request for Exemption. Grantee may request written approval from Grantor for an exemption
from Paragraph 21.2. Grantee acknowledges that Grantor is under no obligation to provide such exemption and
that Grantor may, if an exemption is granted, grant such exemption subject to such additional terms and
conditions as Grantor may require.
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ARTICLE XXII
EQUIPMENT OR PROPERTY
22.1. Transfer of Equipment. Grantor shall have the right to require that Grantee transfer to Grantor
any equipment, including title thereto, purchased in whole or in part with Grantor funds, if Grantor determines
that Grantee has not met the conditions of 2 CFR 200.439. Grantor shall notify Grantee in writing should Grantor
require the transfer of such equipment. Upon such notification by Grantor, and upon receipt or delivery of such
equipment by Grantor, Grantee will be deemed to have transferred the equipment to Grantor as if Grantee had
executed a bill of sale therefor.
22.2. Prohibition against Disposition/Encumbrance. The Grantee is prohibited from, and may not sell,
transfer, encumber (other than original financing) or otherwise dispose of said equipment, material, or real
property during the Grant Term without Prior Approval of Grantor. Any real property acquired using Grant Funds
must comply with the requirements of 2 CFR 200.311.
22.3. Equipment and Procurement. Grantee must comply with the uniform standards set forth in 2 CFR
200.310-200.316 governing the management and disposition of property which cost was supported by Grant
Funds. Any waiver from such compliance must be granted by either the President's Office of Management and
Budget, the Governor's Office of Management and Budget, or both, depending on the source of the Grant Funds
used. Additionally, Grantee must comply with the standards set forth in 2 CFR 200.317-200.326 for use in
establishing procedures for the procurement of supplies and other expendable property, equipment, real property
and other services with Grant Funds. These standards are furnished to ensure that such materials and services are
obtained in an effective manner and in compliance with the provisions of applicable federal and state statutes and
executive orders.
22.4. Equipment Instructions. Grantee must obtain disposition instructions from Grantor when
equipment, purchased in whole or in part with Grant Funds, are no longer needed for their original purpose.
Notwithstanding anything to the contrary contained within this Agreement, Grantor may require transfer of any
equipment to Grantor or a third party for any reason, including, without limitation, if Grantor terminates the
Award or Grantee no longer conducts Award activities. The Grantee shall properly maintain, track, use, store and
insure the equipment according to applicable best practices, manufacturer's guidelines, federal and state laws or
rules, and Grantor requirements stated herein.
22.5. Domestic Preferences for Procurements. In accordance with 2 CFR 200.322, as appropriate and
to the extent consistent with law, the Grantee should, to the greatest extent practicable under this Award, provide
a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States
(including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements
of this paragraph must be included in all subawards and in all contracts and purchase orders for work or products
under this Award.
ARTICLE XXIII
PROMOTIONAL MATERIALS; PRIOR NOTIFICATION
23.1. Publications, Announcements, etc. Use of Grant Funds for promotions is subject to the
prohibitions for advertising or public relations costs in 2 CFR 200.421(e). In the event that Grantor funds are used
in whole or in part to produce any written publications, announcements, reports, flyers, brochures or other written
materials, Grantee shall obtain Prior Approval for the use of those funds (2 CFR 200.467) and agrees to include in
these publications, announcements, reports, flyers, brochures and all other such material, the phrase "Funding
provided in whole or in part by the [Grantor]." Exceptions to this requirement must be requested, in writing, from
Grantor and will be considered authorized only upon written notice thereof to Grantee.
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23.2. Prior Notification/Release of Information. Grantee agrees to notify Grantor ten (10) days prior to
issuing public announcements or press releases concerning work performed pursuant to this Agreement, or
funded in whole or in part by this Agreement, and to cooperate with Grantor in joint or coordinated releases of
information.
ARTICLE XXIV
INSURANCE
24.1. Maintenance of Insurance. Grantee shall maintain in full force and effect during the Term of this
Agreement casualty and bodily injury insurance, as well as insurance sufficient to cover the replacement cost of
any and all real or personal property, or both, purchased or, otherwise acquired, or improved in whole or in part,
with funds disbursed pursuant to this Agreement. 2 CFR 200.310. Additional insurance requirements may be
detailed in PART TWO or PART THREE.
24.2. Claims. If a claim is submitted for real or personal property, or both, purchased in whole with
funds from this Agreement and such claim results in the recovery of money, such money recovered shall be
surrendered to Grantor.
ARTICLE XXV
LAWSUITS
25.1. Independent Contractor. Neither Grantee nor any employee or agent of Grantee acquires any
employment rights with Grantor by virtue of this Agreement. Grantee will provide the agreed services and achieve
the specified results free from the direction or control of Grantor as to the means and methods of performance.
Grantee will be required to provide its own equipment and supplies necessary to conduct its business; provided,
however, that in the event, for its convenience or otherwise, Grantor makes any such equipment or supplies
available to Grantee, Grantee's use of such equipment or supplies provided by Grantor pursuant to this Agreement
shall be strictly limited to official Grantor or state of Illinois business and not for any other purpose, including any
personal benefit or gain.
25.2. Liability. Neither Party shall be liable for actions chargeable to the other Party under this
Agreement including, but not limited to, the negligent acts and omissions of Party's agents, employees or
subcontractors in the performance of their duties as described under this Agreement, unless such liability is
imposed by law. This Agreement shall not be construed as seeking to enlarge or diminish any obligation or duty
owed by one Party against the other or against a third party.
ARTICLE XXVI
MISCELLANEOUS
26.1. Gift Ban. Grantee is prohibited from giving gifts to State employees pursuant to the State
Officials and Employees Ethics Act (5 ILCS 430/10-10) and Executive Order 15-09.
26.2. Access to Internet. Grantee must have Internet access. Internet access may be either dial -up or
high-speed. Grantee must maintain, at a minimum, one business e-mail address that will be the primary receiving
point for all e-mail correspondence from Grantor. Grantee may list additional e-mail addresses at anytime during
the Term of this Agreement. The additional addresses may be for a specific department or division of Grantee or
for specific employees of Grantee. Grantee must notify Grantor of any e-mail address changes within five (5)
business days from the effective date of the change.
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26.3. Exhibits and Attachments. Exhibits A through G, PART TWO, PART THREE, if applicable, and all
other exhibits and attachments hereto are incorporated herein in their entirety.
26.4. Assignment Prohibited. Grantee acknowledges that this Agreement may not be sold, assigned, or
transferred in any manner by Grantee, to include an assignment of Grantee's rights to receive payment hereunder,
and that any actual or attempted sale, assignment, or transfer by Grantee without the Prior Approval of Grantor in
writing shall render this Agreement null, void and of no further effect.
26.5. Amendments. This Agreement may be modified or amended at anytime during its Term by
mutual consent of the Parties, expressed in writing and signed by the Parties.
26.6. Severability. If any provision of this Agreement is declared invalid, its other provisions shall not
be affected thereby.
26.7. No Waiver. No failure of either Party to assert any right or remedy hereunder will act as a waiver
of either Party's right to assert such right or remedy at a later time or constitute a course of business upon which
either Party may rely for the purpose of denial of such a right or remedy.
26.8. Applicable Law: Claims. This Agreement and all subsequent amendments thereto, if any, shall be
governed and construed in accordance with the laws of the state of Illinois. Any claim against Grantor arising out
of this Agreement must be filed exclusively with the Illinois Court of Claims. 705 ILCS 505/1 etseq. Grantor does
not waive sovereign immunity by entering into this Agreement.
26.9. Compliance with Law. This Agreement and Grantee's obligations and services hereunder are
hereby made and must be performed in compliance with all applicable federal and State laws, including, without
limitation, federal regulations, State administrative rules, including 44 III. Admin. Code 7000, and any and all
license requirements or professional certification provisions.
26.10. Compliance with Confidentiality Laws. If applicable, Grantee shall comply with applicable state
and federal statutes, federal regulations and Grantor administrative rules regarding confidential records or other
information obtained by Grantee concerning persons served under this Agreement. The records and information
shall be protected by Grantee from unauthorized disclosure.
26.11. Compliance with Freedom of Information Act. Upon request, Grantee shall make available to
Grantor all documents in its possession that Grantor deems necessary to comply with requests made under the
Freedom of Information Act. (5 ILCS 140/7(2)).
26.12. Precedence.
(a) Except as set forth in subparagraph (b), below, the following rules of precedence are
controlling for this Agreement: In the event there is a conflict between this Agreement and any of the
exhibits or attachments hereto, this Agreement shall control. In the event there is a conflict between
PART ONE and PART TWO or PART THREE of this Agreement, PART ONE shall control. In the event there
is a conflict between PART TWO and PART THREE of this Agreement, PART TWO shall control. In the
event there is a conflict between this Agreement and relevant statute(s) or rule(s), the relevant statute(s)
or rule(s) shall control.
(b) Notwithstanding the provisions in subparagraph (a), above, if a relevant federal or state
statute(s) or rule(s) requires an exception to this Agreement's provisions, or an exception to a
requirement in this Agreement is granted by GATU, such exceptions must be noted in PART TWO or PART
THREE, and in such cases, those requirements control.
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26.13. Illinois Grant Funds Recovery Act. In the event of a conflict between the Illinois Grant Funds
Recovery Act and the Grant Accountability and Transparency Act, the provisions of the Grant Accountability and
Transparency Act shall control. 30 ILCS 708/80.
26.14. Headings. Article and other headings contained in this Agreement are for reference purposes
only and are not intended to define or limit the scope, extent or intent of this Agreement or any provision hereof.
26.15. Entire Agreement. Grantee and Grantor acknowledge that this Agreement constitutes the entire
agreement between them and that no promises, terms, or conditions not recited, incorporated or referenced
herein, including prior agreements or oral discussions, shall be binding upon either Grantee or Grantor.
26.16. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall
be considered to be one and the same agreement, binding on all Parties hereto, notwithstanding that all Parties
are not signatories to the same counterpart. Duplicated signatures, signatures transmitted via facsimile, or
signatures contained in a Portable Document Format (PDF) document shall be deemed original for all purposes.
26.17. Attorney Fees and Costs. Unless prohibited by law, if Grantor prevails in any proceeding to
enforce the terms of this Agreement, including any administrative hearing pursuant to the Grant Funds Recovery
Act or the Grant Accountability and Transparency Act, the Grantor has the right to recover reasonable attorneys'
fees, costs and expenses associated with such proceedings.
26.18. Continuing Responsibilities. The termination or expiration of this Agreement does not affect: (a)
the right of the Grantor to disallow costs and recover funds based on a later audit or other review; (b) the
obligation of the Grantee to return any funds due as a result of later refunds, corrections or other transactions,
including, without limitation, final Indirect Cost Rate adjustments and those funds obligated pursuant to ARTICLE
XVII; (c) the Consolidated Year -End Financial Report; (d) audit requirements established in ARTICLE XV; (e) property
management and disposition requirements established in 2 CFR 200.310 through 2 CFR 200.316 and ARTICLE XXII;
or (f) records related requirements pursuant to ARTICLE XII. 44 III. Admin. Code 7000.450.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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EXHIBIT A
PROJECT DESCRIPTION
Grantee must complete the Award Activities described on this Exhibit A, the Deliverables and Milestones listed on
Exhibit B and the Performance Measures listed on Exhibit E within the term of this Agreement, as provided in
paragraph 1.4, herein.
AUTHORITY: The Grantor is authorized to make this Award pursuant to 20 ILCS 605/605-55 and/or 20 ILCS
605/605-30.
The purpose of this authority is as follows:
To make and enter into contracts, including grants, as authorized pursuant to appropriations by
the General Assembly. and/or to use the State and federal programs, grants, and subsidies that
are available to assist in the discharge of the provisions of the Civil Administrative Code of
Illinois.
PROJECT DESCRIPTION:
The Grantee is a governmental entity providing services to the residents in the Village of Buffalo Grove, IL.
This Grant -funded project will include costs associated with the addition new sidewalks in two separate locations
in the Village of Buffalo Grove. The first location of new sidewalk is perpendicular to Aspen Drive and will run north
on Penny Lane to the vicinity of Ivy Hall Elementary School. The second location will include approximately 3,400
square feet of new sidewalk that will run east and west along the 1400 block of Busch Parkway between Barclay
Blvd. and Milwaukee Ave.
Specifically, Grant funds will be used for all costs associated with the project as follows:
Design/Engineering—to include costs associated with the sidewalk survey and design.
Paving/Concrete/Masonry — to include costs associated with the purchase and installation of concrete and related
paving materials for the construction of the sidewalks.
The completion of this project will benefit the public by providing a sidewalk for local residents to access Ivy Park
as well as for children and employees to access nearby Ivy Hall School where the new sidewalk would connect with
the existing sidewalk to allow further access to the school from the surrounding area.
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EXHIBIT B
DELIVERABLES OR MILESTONES
To be stated on the initial submitted Periodic Performance Report (PPR), as directed by the Report Deliverable
Schedule, the Grantee will provide a detailed task list of projected deliverables, which must be approved by
Grantor. These tasks and associated due dates, and any subsequent revisions, shall be incorporated by reference
into this Agreement. These tasks will be used to measure performance throughout the life of the Award and can
be updated and reported on each PPR reporting due date.
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EXHIBIT C
PAYMENT
Grantee shall receive $150,000.00 under this Agreement.
Enter specific terms of payment here:
The Award amount listed above is not a guarantee of payment, and Grantee's receipt of Grant Funds is contingent
upon all terms and conditions of this Agreement.
Reimbursement
Payments to the Grantee are subject to the Grantee's submission and certification of eligible costs and any
documentation as required by the Grantor. Payment shall be initiated upon the Grantor's approval of eligible costs
and cash amount requested for reimbursement of those costs.
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EXHIBIT D
CONTACT INFORMATION
CONTACT FOR NOTIFICATION:
Unless specified elsewhere, all notices required or desired to be sent by either Party shall be sent to the persons
listed below.
The Grantee acknowledges and agrees that its address set forth below is its current address and shall be
considered its last known address for purposes of receiving any and all notice(s) required under this Agreement.
The Grantee further acknowledges and agrees that the Grantor is justified in relying upon the address information
furnished to it by the Grantee in absence of notice to the contrary. The Grantee also acknowledges and agrees that
it has the burden of notifying the Grantor of its current/last known address. In the event that the Grantee changes
its current address, it shall contact its Grant Manager and notify him or her of said change of address.
GRANTOR CONTACT
GRANTEE CONTACT
Name:
Scott Ladendorf
Name:
Darren Monico
Title:
Grant Manager
Title:
Village Engineer
Address:
500 E Monroe St
Springfield, IL 62701
Address:
50 RAUPP BLVD
Phone:
217-785-9997
Buffalo Grove, IL 60089-2139
TTY#:
(800) 785-6055
Phone:
847-459-2523
Fax#:
N/A
TTY#:
N/A
Email Address:
Scott. Ladendorf@IIlinois.gov
Fax#:
Email Address:
dmonico@vbg.org
Additional
Information:
The following are designated as Authorized Designee(s) for the Grantee (See Part Two, Article XXVII):
Darren Monico
Authorized Designee:
Authorized Designee Title:
Village Engineer
Authorized Designee Phone:
847-459-2523
Authorized Designee Email:
dmonico@vbg.org
Authorized Designee Signature:
Authorized Signatory Approval:
Authorized Designee:
Authorized Designee Title:
Authorized Designee Phone:
Authorized Designee Email:
Authorized Designee Signature:
Authorized Signatory Approval:
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GRANTOR CONTACT FOR AUDIT OR CONSOLIDATED YEAR-END FINANCIAL REPORTS QUESTIONS —AUDIT UNIT
Email: externalauditunit@illinois.gov
GRANTOR CONTACT FOR FINANCIAL CLOSEOUT QUESTIONS —PROGRAM ACCOUNTANT
Name:
Michael Bland
Email:
michael.bland@illinois.gov
Phone:
217-782-9991
Fax#:
N/A
Address: 500 E Monroe St
Springfield, IL 62701
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EXHIBIT E
PERFORMANCE MEASURES
To be stated on the initial submitted Periodic Performance Report (PPR), as directed by the Report Deliverable
Schedule, the Grantee will incorporate project specific performance measures within the corresponding section of
the PPR. The project specific performance measures will encompass the following standardized performance
measures listed below.
Did the deliverables specified in the task list submitted pursuant to Exhibit B lead to the
completion of the project described in Exhibit A?
Given the total amount of Grant Funds available, does the percent currently drawn and
expended directly correlate to the percent of the completion of the project to date?
At the time of Award closeout, has the Grantee fulfilled the public purpose of the project stated
in Exhibit A?
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EXHIBIT F
PERFORMANCE STANDARDS
The Grantor reserves the right to deny any voucher request(s) at its discretion, based on lack of progress toward
meeting completion goals. If the Grantee fails to meet any of the performance measures/goals, and if deemed
appropriate at the discretion of the Grantor, the Grant Funds may be decreased by an amount proportionate to
the size of the shortfall, and/or the Grantee may be responsible for the return of the Grant Funds in the amount
specified by the Grantor. Grantor may initiate a grant modification(s) to de -obligate Grant Funds based on non-
performance. The Grantee will submit grant modification requests as necessary in a timely manner, including a
request to de -obligate Grant Funds in an amount that the Grantee determines will be unspent by the end of the
Grant Agreement Term.
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EXHIBIT G
SPECIFIC CONDITIONS
Grantor may remove (or reduce) a Specific Condition included in this Exhibit G by providing written notice to the
Grantee, in accordance with established procedures for removing a Specific Condition.
ICQ Section: 03 - Financial and Regulatory Reporting (2 CFR 200.327)
Conditions: Requires more detailed reporting;
Timeframe:
One year.
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06 - Audit (2 CFR 200.500)
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Conditions:
Requires desk review of the status of implementation of corrective actions;
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Timeframe:
When corrective action is complete.
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ICQ Section:
08 - Property Standards (2 CFR 200,310 - 316)
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Conditions:
Requires additional prior approvals;
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Timeframe:
One year from the implementation of corrective action.
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ICQ Section:
11 - Fraud, Waste and Abuse
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Conditions:
Requires technical assistance including required training;
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Timeframe:
One year after implementation of corrective action.
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There were no conditions resulting from the Programmatic Risk Assessment.
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PART TWO — THE GRANTOR -SPECIFIC TERMS
In addition to the uniform requirements in PART ONE, the Grantor has the following additional requirements for
its Grantee:
ARTICLE XXVII
AUTHORIZED SIGNATORY
27.1. Authorized Signatory. In processing this Award and related documentation, Grantor will only
accept materials signed by the Authorized Signatory or Designee of this Agreement, as designated or prescribed
herein in paragraph 1.6 or Exhibit D. If the Authorized Signatory chooses to assign a designee to sign or submit
materials required by this Agreement to Grantor, the Authorized Signatory must either send written notice to
Grantor indicating the name of the designee, or provide notice as set forth in Exhibit D. Without such notice, w
Grantor will reject any materials signed or submitted on the Grantee's behalf by anyone other than the Authorized p
Signatory. The Authorized Signatory must approve each Authorized Designee separately by signing as indicated on Q
Exhibit D. If an Authorized Designee(s) appears on Exhibit D, please verify the information and indicate any 0
changes as necessary. Signatures of both the Authorized Signatory and the Authorized Designee are required in >
order for the Authorized Designee to have signature authority under this Agreement. o
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ADDITIONAL AUDIT PROVISIONS ti
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28.1. Discretionary Audit. The Grantor may, at any time and in its sole discretion, require a program -
specific audit, or other audit, SAS 115/AU-C265 letters (Auditor's Communication of Internal Control Related p
Matters) and SAS 114/AU-C260 letters (Auditor's Communication With Those Charged With Governance).
ARTICLE XXIX
ADDITIONAL MONTORING PROVISIONS
29.1. Access to Documentation. The Award will be monitored for compliance in accordance with the
terms and conditions of this Agreement, together with appropriate programmatic rules, regulations, and/or
guidelines that the Grantor promulgates or implements. The Grantee must permit any agent authorized by the
Grantor, upon presentation of credentials, in accordance with all methods available by law, full access to and the
right to examine any document, papers and records either in hard copy or electronic format, of the Grantee
involving transactions relating to this Award.
29.2. Cooperation with Audits and Inquiries, Confidentiality. Pursuant to ARTICLE XII, above, the
Grantee is obligated to cooperate with the Grantor and other legal authorities in any audit or inquiry related to the
Award. The Grantor or any other governmental authority conducting an audit or inquiry may require the Grantee
to keep confidential any audit or inquiry and to limit internal disclosure of the audit or inquiry to those Grantee
personnel who are necessary to support the Grantee's response to the audit or inquiry. This confidentiality
requirement shall not limit Grantee's right to discuss an audit or inquiry with its legal counsel. If a third party seeks
to require the Grantee, pursuant to any law, regulation, or legal process, to disclose an audit or inquiry that has
been deemed confidential by the Grantor or other governmental authority, the Grantee shall promptly notify the
entity that is conducting the audit or inquiry of such effort so that the entity that is conducting the audit or inquiry
may seek a protective order, take other appropriate action, or waive compliance by the Grantee with the
confidentiality requirement.
ARTICLE XXX
ADDITIONAL INTEREST PROVISIONS
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30.1. Penalty for Non -Interest Bearing Account. If Grantee is required to keep Grant Funds paid in
advance of the actual expenditure of funds in an interest -bearing account pursuant to paragraph 4.7 of this
Agreement, Grantee will be responsible for the payment of interest to Grantor at a rate equal to twelve percent
(12%) per annum on any Grant Funds kept in a non -interest bearing account, unless Grantee receives prior written
approval from Grantor. Grant Funds paid in reimbursement of previously paid costs may be kept in a non -interest
bearing account at the Grantee's discretion. Exceptions to this paragraph are not permissible without prior written
approval by Grantor.
30.2. Interest Earned on Grant Funds. Interest earned on Grant Funds in an amount up to $500 per
year may be retained by the Grantee for administrative expenses unless otherwise provided in PART THREE. Any
additional interest earned on Grant Funds above $500 per year must be returned to the Grantor pursuant to
paragraphs 4.3 and 33.2 herein, or as otherwise instructed by the Grant Manager or as set forth in PART THREE. All
interest earned must be expended prior to Grant Funds. Any unspent Grant Funds or earned interest unspent must
be returned as Grant Funds to the Grantor as described in paragraphs 4.3 and 33.2 herein. All interest earned on
Grant Funds must be accounted for and reported to the Grantor as provided in ARTICLE XIII herein. If applicable,
the Grantor will remit interest earned and returned by Grantee to the U.S. Department of Health and Human
Services Payment Management System through the process set forth at 2 CFR 200.305(b)(9), or as otherwise
directed by the federal awarding agency. The provisions of this paragraph 30.2 are inapplicable to the extent any
statute or rule provides for different treatment of interest income. Any provision that deviates from this paragraph
is set forth in PART THREE.
ARTICLE XXXI
ADDITIONAL BUDGET PROVISIONS
31.1. Restrictions on Discretionary Line Item Transfers. Unless set forth otherwise in PART THREE
herein, Budget line item transfers within the guidelines set forth in paragraph 6.3 herein, which would not
ordinarily require approval from Grantor, but vary more than ten percent (10%) of the current approved Budget
line item amount, are considered changes in the project scope and require Prior Approval from Grantor pursuant
to 2 CFR 200.308.
ARTICLE XXXII
ADDITIONAL REPRESENTATIONS AND WARRANTIES
32.1. Grantee Representations and Warranties. In connection with the execution and delivery of this
Agreement, the Grantee makes the following representations and warranties to Grantor:
(a) That it has no public or private interest, direct or indirect, and shall not acquire, directly
or indirectly any such interest which does or may conflict in any manner with the performance of the
Grantee's services and obligations under this Agreement;
(b) That no member of any governing body or any officer, agent or employee of the State,
has a personal financial or economic interest directly in this Agreement, or any compensation to be paid
hereunder except as may be permitted by applicable statute, regulation or ordinance;
(c) That there is no action, suit or proceeding at law or in equity pending, nor to the best of
Grantee's knowledge, threatened, against or affecting the Grantee, before any court or before any
governmental or administrative agency, which will have a material adverse effect on the performance
required by this Agreement;
(d) That to the best of the Grantee's knowledge and belief, the Grantee, its principals and
key project personnel:
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(i) Are not presently declared ineligible or voluntarily excluded from contracting with any
federal or State department or agency;
(ii) Have not, within a three (3)-year period preceding this Agreement, been convicted of
any felony; been convicted of a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (federal, state, or local) transaction or contract under a public
transaction; had a civil judgment rendered against them for commission of fraud; been found in
violation of federal or state antitrust statutes; or been convicted of embezzlement, theft, larceny,
forgery, bribery, falsification or destruction of records, making a false statement, or receiving
stolen property;
(iii) Are not presently indicted for, or otherwise criminally or civilly charged, by a
government entity (federal, state or local) with commission of any of the offenses enumerated in
sub -paragraph (ii) of this certification; and
(iv) Have not had, within a three (3)-year period preceding this Agreement, any judgment
rendered in an administrative, civil or criminal matter against the Grantee, or any entity
associated with its principals or key personnel, related to a grant issued by any federal or state
agency or a local government.
Any request for an exception to the provisions of this paragraph 32.1(d) must be made in writing,
listing the name of the individual, home address, type of conviction and date of conviction; and
(e) Grantee certifies that it is not currently operating under, or subject to, any cease and
desist order, or subject to any informal or formal regulatory action, and, to the best of Grantee's
knowledge, that it is not currently the subject of any investigation by any state or federal regulatory, law
enforcement or legal authority. Should it become the subject of an investigation by any state or federal
regulatory, law enforcement or legal authority, Grantee shall promptly notify Grantor of any such
investigation. Grantee acknowledges that should it later be subject to a cease and desist order,
Memorandum of Understanding, or found in violation pursuant to any regulatory action or any court
action or proceeding before any administrative agency, that Grantor is authorized to declare Grantee out
of compliance with this Agreement and suspend or terminate the Agreement pursuant to ARTICLE XVI
herein and any applicable rules.
ARTICLE XXXIII
ADDITIONAL TERMINATION, SUSPENSION, BILLING SCHEDULE AND NON-COMPLIANCE PROVISIONS
33.1. Remedies for Non -Compliance. If Grantor suspends or terminates this Agreement pursuant to
ARTICLE XVI herein, Grantor may also elect any additional remedy allowed by law, including, but not limited to,
one or more of the following remedies:
(a) Direct the Grantee to refund some or all of the Grant Funds disbursed to it under this
Agreement;
(b) Direct the Grantee to remit an amount equivalent to the "Net Salvage Value" of all
equipment or materials purchased with Grant Funds provided under this Agreement. For purposes of this
Agreement, "Net Salvage Value" is defined as the amount realized, or that the Parties agree is likely to be
realized from, the sale of equipment or materials purchased with Grant Funds provided under this
Agreement at its current fair market value, less selling expenses; and
(c) Direct the Grantee to transfer ownership of equipment or materials purchased with
Grant Funds provided under this Agreement to the Grantor or its designee.
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33.2. Grant Refunds. In accordance with the Illinois Grant Funds Recovery Act, 30 ILCS 705/1 et seq.,
the Grantee must, within forty-five (45) days of the effective date of a termination of this Agreement, refund to
Grantor, any balance of Grant Funds not spent or not obligated as of said date.
33.3. Grant Funds Recovery Procedures. In the event that Grantor seeks to recover from Grantee
Funds received pursuant to this Award that: (i) Grantee cannot demonstrate were properly spent, or (ii) have not
been expended or legally obligated by the time of expiration or termination of this Award, the Parties agree to
follow the procedures set forth in the Illinois Grant Funds Recovery Act, 30 ILCS 705/1 et seq. (GFRA), for the
recovery of Grant Funds, including the informal and formal hearing requirements. All remedies available in Section
6 of the GFRA shall apply to these proceedings. The Parties agree that Grantor's Administrative Hearing Rules (56
III. Admin. Code Part 2605) and/or any other applicable hearing rules shall govern these proceedings.
33.4. Grantee Responsibility. Grantee shall be held responsible for the expenditure of all Grant Funds w
received through this Award, whether expended by Grantee or a subrecipient or contractor of Grantee. Grantor p
may seek any remedies against Grantee permitted pursuant to this Agreement and 2 CFR 200.339 for the action of Q
a subrecipient or contractor of Grantee that is not in compliance with the applicable statutes, regulations or the 0
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33.5. Billing Schedule. In accordance with paragraph 4.8, herein Grantee must submit all payment Q-
requests to Grantor within thirty (30) days of the end of the quarter, unless another billing schedule is specified in Q
PART THREE or Exhibit C. Failure to submit such payment request timely will render the amounts billed an ti
unallowable cost which Grantor cannot reimburse. In the event that Grantee is unable, for good cause, to submit N
its payment request timely, Grantee shall timely notify Grantor and may request an extension of time to submit N
the payment request. Grantor's approval of Grantee's request for an extension shall not be unreasonably withheld. p
The payment requirements of this paragraph 33.5 supersede those set forth in paragraph 4.8.
ARTICLE XXXIV
ADDITIONAL MODIFICATION PROVISIONS
34.1. Modifications by Operation of Law. This Agreement is subject to such modifications as the
Grantor determines, in its sole discretion, may be required by changes in federal or State law or regulations
applicable to this Agreement. Grantor shall initiate such modifications, and Grantee shall be required to agree to
the modification in writing as a condition of continuing the Grant. Any such required modification shall be
incorporated into and become part of this Agreement as if fully set forth herein. The Grantor shall timely notify the
Grantee of any pending implementation of or proposed amendment to such regulations of which it has notice.
34.2. Discretionary Modifications. If either the Grantor or the Grantee wishes to modify the terms of
this Agreement other than as set forth in Articles V and VI and paragraphs 34.1 and 34.3, written notice of the
proposed modification must be given to the other party. Modifications will only take effect when agreed to in
writing by both the Grantor and the Grantee. However, if the Grantor notifies the Grantee in writing of a proposed
modification, and the Grantee fails to respond to that notification, in writing, within thirty (30) days, the proposed
modification will be deemed to have been approved by the Grantee. In making an objection to the proposed
modification, the Grantee shall specify the reasons for the objection and the Grantor shall consider those
objections when evaluating whether to follow through with the proposed modification. The Grantor's notice to the
Grantee shall contain the Grantee name, Grant number, modification number and purpose of the revision. If the
Grantee seeks any modification to the Agreement, the Grantee shall submit a detailed narrative explaining why the
Project cannot be completed in accordance with the terms of the Agreement and how the requested modification
will ensure completion of the Grant Activities, Deliverables, Milestones and/or Performance Measures (Exhibits A,
B and E).
34.3. Unilateral Modifications. The Parties agree that Grantor may, in its sole discretion, unilaterally
modify this Agreement without prior approval of the Grantee when the modification is initiated by Grantor for the
State of Illinois
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sole purpose of increasing the Grantee's funding allocation as additional funds become available for the Award
during the program year covered by the Term of this Agreement.
34.4. Management Waiver. The Parties agree that the Grantor may issue a waiver of specific
requirements of this Agreement after the term of the Agreement has expired. These waivers are limited to non-
material changes to specific grant terms that the Grantor determines are necessary to place the Grantee in
administrative compliance with the terms of this Agreement. A management waiver issued after the term of the
Agreement has expired will supersede the original requirements of this Agreement that would normally require a
modification of this Agreement to be executed. The Grantor will make no modifications of this Agreement not
agreed to prior to the expiration of the Agreement beyond what is specifically set forth in this section.
34.5. Term Extensions. The Grantee acknowledges that all Grant Funds must be expended or legally
obligated, and all Grant Activities, Deliverables, Milestones and Performance Measures (Exhibits A, B and E) must
be completed during the Grant Term set forth in paragraph 1.4 herein. Extensions of the Award Term will be
granted only for good cause, subject to the Grantor's discretion. Pursuant to the Grant Funds Recovery Act (30 ILCS
705/1 et seq.), no Award may be extended in total beyond a two (2)-year period unless the Grant Funds are
expended or legally obligated during that initial two-year period, or unless Grant Funds are disbursed for
reimbursement of costs previously incurred by the Grantee. If Grantee requires an extension of the Award Term,
Grantee should submit a written request to the Grant Manager at least sixty (60) days prior to the end of the Grant
Award or extended Award Term, as applicable, stating the reason for the extension. If Grantee provides
reasonable extenuating circumstances, Grantee may request an extension of the Award Term with less than sixty
(60) days remaining.
ARTICLE XXXV
ADDITIONAL CONFLICT OF INTEREST PROVISIONS
35.1. Bonus or Commission Prohibited. The Grantee shall not pay any bonus or commission for the
purpose of obtaining the Grant Funds awarded under this Agreement.
35.2. Hiring State Employees Prohibited. No State officer or employee may be hired to perform
services under this Agreement on behalf of Grantee, or be paid with Grant Funds derived directly or indirectly
through this Award without the written approval of the Grantor.
ARTICLE XXXVI
ADDITIONAL EQUIPMENT OR PROPERTY PROVISIONS
36.1. Equipment Management. The Grantee is responsible for replacing or repairing equipment and
materials purchased with Grant Funds that are lost, stolen, damaged, or destroyed. Any loss, damage or theft of
equipment and materials shall be investigated and fully documented, and immediately reported to the Grantor
and, where appropriate, the appropriate authorities.
36.2. Purchase of Real Property. If permitted by the Award Budget and scope of activities provided in
this Agreement, a Grantee may use the Grant Funds during the Award Term for the costs associated with the
purchase of real property (as defined by 2 CFR 200.1) either through the use of reimbursement or advanced funds
as permitted in Exhibit C of this Agreement for the following purposes and consistent with the Grantor's
bondability guidelines and 2 CFR 200:
(a) Cash payment of the entirety or a portion of the real property acquisition;
(b) Cash Payment of a down payment for the acquisition;
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(c) Standard and commercially reasonable costs required to be paid at the acquisition closing
(i.e., closing costs); or
(d) Payments to reduce the debt incurred by Grantee to purchase the real property.
ARTICLE XXXVII
APPLICABLE STATUTES
To the extent applicable, Grantor and Grantee shall comply with the following:
37.1. Grantee Responsibility. All applicable federal, State and local laws, rules and regulations
governing the performance required by Grantee shall apply to this Agreement and will be deemed to be included
in this Agreement the same as though written herein in full. Grantee is responsible for ensuring compliance with all
applicable laws, rules and regulations, including, but not limited to those specifically referenced herein. Except
where expressly required by applicable laws and regulations, the Grantor shall not be responsible for monitoring
Grantee's compliance.
37.2. Land Trust/Beneficial Interest Disclosure Act (765 ILCS 405/2.1). No Grant Funds shall be paid to
any trustee of a land trust, or any beneficiary or beneficiaries of a land trust, for any purpose relating to the land,
which is the subject of such trust, any interest in such land, improvements to such land or use of such land unless
an affidavit is first filed with the Grantor identifying each beneficiary of the land trust by name and address and
defining such interest therein.
37.3. Historic Preservation Act (20 ILCS 3420/1 et seg.). The Grantee will not expend Grant Funds
under this Agreement which result in the destruction, alteration, renovation, transfer or sale, or utilization of a
historic property, structure or structures, or in the introduction of visual, audible or atmospheric elements to a
historic property, structure or structures, which will result in the change in the character or use of any historic
property, except as approved by the Illinois Department of Natural Resources, Historic Preservation Division. The
Grantee shall not expend Grant Funds under this Agreement for any project, activity, or program that can result in
changes in the character or use of historic property, if any historic property is located in the area of potential
effects without the approval of the Illinois Department of Natural Resources, Historic Preservation Division. 20 ILCS
3420/3 (f).
37.4. Victims' Economic Security and Safety Act (820 ILCS 180 et seg.). If the Grantee has 50 or more
employees, it may not discharge or discriminate against an employee who is a victim of domestic or sexual
violence, or who has a family or household member who is a victim of domestic or sexual violence, for taking up to
a total of twelve (12) work weeks of leave from work during any twelve (12) month period to address the domestic
violence, pursuant to the Victims' Economic Security and Safety Act. The Grantee is not required to provide paid
leave under the Victims' Economic Security and Safety Act, but may not suspend group health plan benefits during
the leave period. Any failure on behalf of the Grantee to comply with all applicable provisions of the Victims'
Economic Security and Safety Act, or applicable rules and regulations promulgated thereunder, may result in a
determination that the Grantee is ineligible for future contracts or subcontracts with the State of Illinois or any of
its political subdivisions or municipal corporations, and this Agreement may be cancelled or voided in whole or in
part, and such other sanctions or penalties may be imposed or remedies invoked, as provided by Statute or
regulation.
37.5. Equal Pay Act of 2003 (820 ILCS 112 et sep.l. If the Grantee has four (4) or more employees, it is
prohibited by the Equal Pay Act of 2003 from paying unequal wages to men and women for doing the same or
substantially similar work. Further, the Grantee is prohibited by the Equal Pay Act of 2003 from remedying
violations of the Act by reducing the wages of other employees or discriminating against any employee exercising
his/her rights under this Act. Any failure on behalf of the Grantee to comply with all applicable provisions of the
Equal Pay Act of 2003, or applicable rules and regulations promulgated thereunder, may result in a determination
that the Grantee is ineligible for future contracts or subcontracts with the State of Illinois or any of its political
State of Illinois
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subdivisions or municipal corporations, and this Agreement may be cancelled or voided in whole or in part, and
such other sanctions or penalties may be imposed or remedies invoked, as provided by Statute or regulation.
37.6. Steel Products Procurement Act (30 ILCS 565 et seg.). The Grantee, if applicable, hereby certifies
that any steel products used or supplied in accordance with this Award for a public works project shall be
manufactured or produced in the United States per the requirements of the Steel Products Procurement Act (30
ILCS 565 etseq.).
37.7. Minorities, Women, and Persons with Disabilities Act and Illinois Human Rights Act (30 ILCS
575/0.01; 775 ILCS 5/2-105). The Grantee acknowledges and hereby certifies compliance with the provisions of the
Business Enterprise for Minorities, Women, and Persons with Disabilities Act, and the equal employment practices
of Section 2-105 of the Illinois Human Rights Act for the provision of services which are directly related to the
Award Activities to be performed under this Agreement.
37.8. Identity Protection Act (5 ILCS/179 etseq.) and Personal Information Protection Act (815 ILCS 530
et seg.). The Grantor is committed to protecting the privacy of its vendors, grantees and beneficiaries of programs
and services. At times, the Grantor will request social security numbers or other personal identifying information.
Federal and state laws, rules and regulations require the collection of this information for certain purposes relating
to employment and/or payments for goods and services, including, but not limited to, Awards. The Grantor also
collects confidential information for oversight and monitoring purposes.
Furnishing personal identity information, such as a social security number, is voluntary; however, failure to provide
required personal identity information may prevent an individual or organization from using the services/benefits
provided by the Grantor as a result of state or federal laws, rules and regulations.
To the extent the Grantee collects or maintains protected personal information as part of carrying out the Award
Activities, the Grantee shall maintain the confidentiality of the protected personal information in accordance with
applicable law and as set forth below.
(a) Personal Information Defined. As used herein, "Personal Information" shall have the
definition set forth in the Personal Information Protection Act, 815 ILCS 530/5 ("PIPA").
(b) Protection of Personal Information. The Grantee shall use at least reasonable care to
protect the confidentiality of Personal Information that is collected or maintained as part of the Award
Activities and (i) not use any Personal Information for any purpose outside the scope of the Award
Activities and (ii) except as otherwise authorized by the Grantor in writing, limit access to Personal
Information to those of its employees, contractors, and agents who need such access for purposes
consistent with the Award Activities. If Grantee provides any contractor or agent with access to Personal
Information, it shall require the contractor or agent to comply with the provisions of this paragraph 37.8.
(c) Security Assurances. Grantee represents and warrants that it has established and will
maintain safeguards against the loss and unauthorized access, acquisition, destruction, use, modification,
or disclosure of Personal Information and shall otherwise maintain the integrity of Personal Information in
its possession in accordance with any federal or state law privacy requirements, including PIPA. Such
safeguards shall be reasonably designed to (i) ensure the security and confidentiality of the Personal
Information, (ii) protect against any anticipated threats or hazards to the security or integrity of Personal
Information, and (iii) protect against unauthorized access to or use of Personal Information. Additionally,
Grantee will have in place policies, which provide for the secure disposal of documents and information
which contain Personal Information, including but not limited to shredding documents and establishing
internal controls over the authorized access to such information. 815 ILCS 530/40.
(d) Breach Response. In the event of any unauthorized access to, unauthorized disclosure
of, loss of, damage to or inability to account for any Personal Information (a "Breach"), Grantee agrees
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that it shall promptly, at its own expense (i) report such Breach to the Grantor by telephone with
immediate written confirmation sent by e-mail and by mail, describing in detail any accessed materials
and identifying any individual(s) who may have been involved in such Breach; (ii) take all actions
necessary or reasonably requested by the Grantor to stop, limit or minimize the Breach; (iii) restore
and/or retrieve, as applicable, and return all Personal Information that was lost, damaged, accessed,
copied or removed; (iv) cooperate in all reasonable respects to minimize the damage resulting from such
Breach; (v) provide any notice to Illinois residents as required by 815 ILCS 530/10 or applicable federal
law, in consultation with the Grantor; and (vi) cooperate in the preparation of any report related to the
Breach that the Grantor may need to present to any governmental body.
(e) Injunctive Relief. Grantee acknowledges that, in the event of a breach of this paragraph
37.8, Grantor will likely suffer irreparable damage that cannot be fully remedied by monetary damages.
Accordingly, in addition to any remedy which the Grantor may possess pursuant to applicable law, the
Grantor retains the right to seek and obtain injunctive relief against any such breach in any Illinois court of
competent jurisdiction.
(f) Compelled Access or Disclosure. The Grantee may disclose Personal Information if it is
compelled by law, regulation, or legal process to do so, provided the Grantee gives the Grantor at least
ten (10) days' prior notice of such compelled access or disclosure (to the extent legally permitted) and
reasonable assistance if the Grantor wishes to contest the access or disclosure.
ARTICLE XXXVIII
ADDITIONAL MISCELLANEOUS PROVISIONS
38.1. Workers' Compensation Insurance, Social Security, Retirement and Health Insurance Benefits,
and Taxes. The Grantee shall provide Workers' Compensation insurance where the same is required and shall
accept full responsibility for the payment of unemployment insurance, premiums for Workers' Compensation,
Social Security and retirement and health insurance benefits, as well as all income tax deduction and any other
taxes or payroll deductions required by law for its employees who are performing services specified by this
Agreement.
38.2. Required Notice. Grantee agrees to give prompt notice to the Grantor of any event that may
materially affect the performance required under this Agreement. Any notice or final decision by Grantor relating
to (i) a Termination or Suspension (ARTICLE XVI), (b) Modifications, Management Waivers or Term Extensions
(ARTICLE XXXIV) or (c) Assignments (paragraph 26.4) must be executed by the Director of the Grantor or her or his
authorized designee.
ARTICLE XXXIX
ADDITIONAL REQUIRED CERTIFICATIONS
The Grantee makes the following certifications as a condition of this Agreement. These certifications are
required by State statute and are in addition to any certifications required by any Federal funding source as set
forth in this Agreement. Grantee's execution of this Agreement shall serve as its attestation that the certifications
made herein are true and correct.
39.1. Compliance With Applicable Law. The Grantee certifies that it shall comply with all applicable
provisions of federal, state and local law in the performance of its obligations pursuant to this Agreement.
39.2. Sexual Harassment. The Grantee certifies that it has written sexual harassment policies that shall
include, at a minimum, the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual
harassment under State law; (iii) a description of sexual harassment, utilizing examples; (iv) the Grantee's internal
State of Illinois
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complaint process including penalties; (v) the legal recourse, investigative and complaint process available through
the Department of Human Rights and the Human Rights Commission; (vi) directions on how to contact the
Department of Human Rights and the Human Rights Commission; and (vii) protection against retaliation as
provided by Section 6-101 of the Illinois Human Rights Act (775 ILCS 5/2-105(A)(4)). A copy of the policies shall be
provided to the Grantor upon request.
39.3. Federal, State and Local Laws; Tax Liabilities; State Agency Delinquencies. The Grantee is
required to comply with all federal, state and local laws, including but not limited to the filing of any and all
applicable tax returns. In the event that a Grantee is delinquent in filing and/or paying any federal, state and/or
local taxes, the Grantor shall disburse Grant Funds only if the Grantee enters into an installment payment
agreement with said tax authority and remains in good standing therewith. Grantee is required to tender a copy of
any such installment payment agreement to the Grantor. In no event may Grantee utilize Grant Funds to discharge
outstanding tax liabilities or other debts owed to any governmental unit. The execution of this Agreement by the
Grantee is its certification that (i) it is current as to the filing and payment of any federal, state and/or local
taxes applicable to Grantee; and (ii) it is not delinquent in its payment of moneys owed to any federal, state, or
local unit of government.
39.4. Lien Waivers. If applicable, the Grantee shall monitor construction to assure that necessary
contractor's affidavits and waivers of mechanics liens are obtained prior to release of Grant Funds to contractors
and subcontractors.
State of Illinois
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PART THREE — THE PROJECT -SPECIFIC TERMS
In addition to the uniform requirements in PART ONE and the Grantor -Specific Terms in PART TWO, the Grantor
has the following additional requirements for this Project:
ARTICLE XL
REPORT DELIVERABLE SCHEDULE
40.1. External Audit Reports. External Audit Reports may be required. Refer to ARTICLE XV of this
Agreement to determine whether you are required to submit an External Audit Report and the applicable due
date.
40.2. Annual Financial Reports. Annual Financial Reports may be required. Refer to paragraph 15.2 of
this Agreement to determine whether you are required to submit Annual Financial Reports.
40.3. Required Periodic Reports. Below is the required periodic reporting schedule for this Award.
November 2021
• Monthly Periodic Financial Report (11/01/2021) - Covering Period of 09/01/2021- 09/30/2021; Send To: Grant
Manager
• Monthly Periodic Performance Report (11/01/2021) - Covering Period of 09/01/2021- 09/30/2021; Send To:
Grant Manager
• Monthly Periodic Financial Report (11/30/2021) - Covering Period of 10/01/2021 - 10/31/2021; Send To: Grant
Manager
• Monthly Periodic Performance Report (11/30/2021) - Covering Period of 10/01/2021- 10/31/2021; Send To:
Grant Manager
December 2021
• Monthly Periodic Financial Report (12/30/2021) - Covering Period of 11/01/2021- 11/30/2021; Send To: Grant
Manager
• Monthly Periodic Performance Report (12/30/2021) - Covering Period of 11/01/2021- 11/30/2021; Send To:
Grant Manager
January 2022
• Monthly Periodic Financial Report (01/31/2022) - Covering Period of 12/01/2021- 12/31/2021; Send To: Grant
Manager
• Monthly Periodic Performance Report (01/31/2022) - Covering Period of 12/01/2021- 12/31/2021; Send To:
Grant Manager
March 2022
• Monthly Periodic Financial Report (03/02/2022) - Covering Period of 01/01/2022 - 01/31/2022; Send To: Grant
Manager
• Monthly Periodic Performance Report (03/02/2022) - Covering Period of 01/01/2022 - 01/31/2022; Send To:
Grant Manager
• Monthly Periodic Financial Report (03/30/2022) - Covering Period of 02/01/2022 - 02/28/2022; Send To: Grant
Manager
State of Illinois
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• Monthly Periodic Performance Report (03/30/2022) - Covering Period of 02/01/2022 - 02/28/2022; Send To:
Grant Manager
May 2022
• Monthly Periodic Financial Report (05/02/2022) - Covering Period of 03/01/2022 - 03/31/2022; Send To: Grant
Manager
• Monthly Periodic Performance Report (05/02/2022) - Covering Period of 03/01/2022 - 03/31/2022; Send To:
Grant Manager
• Monthly Periodic Financial Report (05/30/2022) - Covering Period of 04/01/2022 - 04/30/2022; Send To: Grant
Manager
• Monthly Periodic Performance Report (05/30/2022) - Covering Period of 04/01/2022 - 04/30/2022; Send To:
Grant Manager
June 2022
• Monthly Periodic Financial Report (06/30/2022) - Covering Period of 05/01/2022 - 05/31/2022; Send To: Grant
Manager
• Monthly Periodic Performance Report (06/30/2022) - Covering Period of 05/01/2022 - 05/31/2022; Send To:
Grant Manager
August 2022
• Monthly Periodic Financial Report (08/01/2022) - Covering Period of 06/01/2022 - 06/30/2022; Send To: Grant
Manager
• Monthly Periodic Performance Report (08/01/2022) - Covering Period of 06/01/2022 - 06/30/2022; Send To:
Grant Manager
• Monthly Periodic Financial Report (08/30/2022) - Covering Period of 07/01/2022 - 07/31/2022; Send To: Grant
Manager
• Monthly Periodic Performance Report (08/30/2022) - Covering Period of 07/01/2022 - 07/31/2022; Send To:
Grant Manager
September 2022
• Monthly Periodic Financial Report (09/30/2022) - Covering Period of 08/01/2022 - 08/31/2022; Send To: Grant
Manager
• Monthly Periodic Performance Report (09/30/2022) - Covering Period of 08/01/2022 - 08/31/2022; Send To:
Grant Manager
October 2022
• Monthly Periodic Financial Report (10/31/2022) - Covering Period of 09/01/2022 - 09/30/2022; Send To: Grant
Manager
• Monthly Periodic Performance Report (10/31/2022) - Covering Period of 09/01/2022 - 09/30/2022; Send To:
Grant Manager
November 2022
• Monthly Periodic Financial Report (11/30/2022) - Covering Period of 10/01/2022 - 10/31/2022; Send To: Grant
Manager
• Monthly Periodic Performance Report (11/30/2022) - Covering Period of 10/01/2022 - 10/31/2022; Send To:
Grant Manager
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December 2022
• Monthly Periodic Financial Report (12/30/2022) - Covering Period of 11/01/2022 - 11/30/2022; Send To: Grant
Manager
• Monthly Periodic Performance Report (12/30/2022) - Covering Period of 11/01/2022 - 11/30/2022; Send To:
Grant Manager
January 2023
• Monthly Periodic Financial Report (01/30/2023) - Covering Period of 12/01/2022 - 12/31/2022; Send To: Grant
Manager
• Monthly Periodic Performance Report (01/30/2023) - Covering Period of 12/01/2022 - 12/31/2022; Send To:
Grant Manager
March 2023
• Monthly Periodic Financial Report (03/02/2023) - Covering Period of 01/01/2023 - 01/31/2023; Send To: Grant
Manager
• Monthly Periodic Performance Report (03/02/2023) - Covering Period of 01/01/2023 - 01/31/2023; Send To:
Grant Manager
• Monthly Periodic Financial Report (03/30/2023) - Covering Period of 02/01/2023 - 02/28/2023; Send To: Grant
Manager
• Monthly Periodic Performance Report (03/30/2023) - Covering Period of 02/01/2023 - 02/28/2023; Send To:
Grant Manager
May 2023
• Monthly Periodic Financial Report (05/01/2023) - Covering Period of 03/01/2023 - 03/31/2023; Send To: Grant
Manager
• Monthly Periodic Performance Report (05/01/2023) - Covering Period of 03/01/2023 - 03/31/2023; Send To:
Grant Manager
• Monthly Periodic Financial Report (05/30/2023) - Covering Period of 04/01/2023 - 04/30/2023; Send To: Grant
Manager
• Monthly Periodic Performance Report (05/30/2023) - Covering Period of 04/01/2023 - 04/30/2023; Send To:
Grant Manager
June 2023
• Monthly Periodic Financial Report (06/30/2023) - Covering Period of 05/01/2023 - 05/31/2023; Send To: Grant
Manager
• Monthly Periodic Performance Report (06/30/2023) - Covering Period of 05/01/2023 - 05/31/2023; Send To:
Grant Manager
July 2023
• Monthly Periodic Financial Report (07/31/2023) - Covering Period of 06/01/2023 - 06/30/2023; Send To: Grant
Manager
• Monthly Periodic Performance Report (07/31/2023) - Covering Period of 06/01/2023 - 06/30/2023; Send To:
Grant Manager
August 2023
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• Monthly Periodic Financial Report (08/30/2023) - Covering Period of 07/01/2023 - 07/31/2023; Send To: Grant
Manager
• Monthly Periodic Performance Report (08/30/2023) - Covering Period of 07/01/2023 - 07/31/2023; Send To:
Grant Manager
October 2023
• Monthly Periodic Financial Report (10/02/2023) - Covering Period of 08/01/2023 - 08/31/2023; Send To: Grant
Manager
• Monthly Periodic Performance Report (10/02/2023) - Covering Period of 08/01/2023 - 08/31/2023; Send To:
Grant Manager
• End of grant Closeout Financial Report (10/30/2023) - Covering Period of 09/01/2021 - 08/31/2023; Send To:
Grant Manager
• End of grant Closeout Performance Report (10/30/2023) - Covering Period of 09/01/2021- 08/31/2023; Send To
Grant Manager
40.4. Changes to Reporting Schedule. Changes to the schedules for periodic reporting, the external
audit reports and the annual financial reports do not require a formal modification to this Agreement pursuant to
paragraph 26.5 and ARTICLE XXXIV, and may be changed unilaterally by the Grantor if necessitated by a change in
the project schedule or at the discretion of the Grantor. The Grantee may not modify the reporting deliverable
schedules in ARTICLES XIII, XIV, XV and XL unilaterally, and must obtain prior written approval from Grantor or the
Grant Accountability and Transparency Unit of the Governor's Office of Management and Budget, if applicable, to
change any reporting deadlines.
ARTICLE XLI
GRANT -SPECIFIC TERMS/CONDITIONS
41.1. Funding. If this Award is bond -funded, all expenditures shall be in accordance with all applicable
bondability guidelines.
41.2. Use of Real Property. Grantee shall use any real property acquired, constructed or improved with
Grant Funds pursuant to this Agreement to provide the programs and services specified herein for at least the
Award Term stated in Paragraph 1.4. Grantee shall comply with the real property use and disposition requirements
set forth in 2 CFR 200.311.
41.3. Projects Requiring External Sign -offs.
(1) Pursuant to applicable statute(s), this Award requires sign -off by the following State agency(ies).
The status of the sign -off is indicated as of the date the Award is sent to the Grantee for
execution:
AGENCY SIGN -OFF SIGN -OFF
RECEIVED OUTSTANDING
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Illinois Dept. of Agriculture
X Illinois Dept. of Natural Resources X
Illinois Environmental Protection Agency
NONE APPLICABLE
While any external sign -off is outstanding, the provisions of Item (3), immediately below w
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NOTE: The fact that a sign -off has been received in no way relieves the Grantee of its
obligation to comply with any conditions or requirements conveyed by the applicable o
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must, prior to construction, obtain a construction permit or "authorization to construct" from 0
the IEPA pursuant to the provisions of the Environmental Protection Act, 415 ILCS 5/1 et seq. 'P
(3) External Sign -Off Provisions:
a.) The Project described in Exhibit A and funded under this Agreement is subject to review by
the external agency(ies) indicated in Item (1) immediately above. Grantee must comply with
requirements established by said agency(ies) relative to their respective reviews. Any
requirements communicated to the Grantor shall be incorporated into this Agreement as
follows: as an attachment to this Agreement (immediately following PART THREE) at the
time of the Agreement execution. The Grantee is contractually obligated to comply with
such requirements.
b.) Grantee is responsible for coordinating directly with the applicable external agency(ies)
relative to said reviews. Except as specifically provided below, the Grantor's obligation to
disburse funds under this Agreement is contingent upon notification by the applicable
agency(ies) that all requirements applicable to the project described in this Agreement have
been satisfied. Upon receipt of said notification, disbursement of the Grant Funds shall be
authorized in accordance with the provisions of Exhibit C herein.
c.) Prior to notification of compliance by the applicable external agency(ies), the Grantee may
request disbursement of funds only for the following purposes: administrative, contractual,
legal, engineering, or architectural costs incurred which are necessary to allow for
compliance by the Grantee of requirements established by the external agency(ies). FUNDS
WILL NOT BE DISBURSED FOR LAND ACQUISITION OR ANY TYPE OF CONSTRUCTION OR
OTHER ACTIVITY WHICH PHYSICALLY IMPACTS THE PROJECT SITE PRIOR TO RECEIPT BY THE
GRANTOR OF THE REQUIRED NOTIFICATION FROM ALL APPLICABLE AGENCIES.
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d.) If external sign -offs are indicated in this paragraph 41.3, disbursement of Grant Funds
(whether advance or scheduled) are subject to the restrictions set forth by the External Sign -
Off Provisions of this paragraph 41.3. Upon receipt of all required sign -offs, the Grantor's
Accounting Division will be notified of authorization to disburse Grant Funds in accordance
with the disbursement method indicated herein.
41.4. Prevailing Wage Act Compliance. The work to be performed under this Agreement is subject to
the Prevailing Wage Act (820 ILCS 130/0.01 et seq.). Grantee shall comply with all requirements of the Prevailing
Wage Act, including but not limited to: (a) inserting into all contracts for construction a stipulation to the effect
that not less than the prevailing rate of wages as applicable to the project shall be paid to all laborers, workers, and
mechanics performing work under the Award and requiring all bonds of contractors to include a provision as will
guarantee the faithful performance of such prevailing wage clause as provided by contract and (b) all required
reporting and documentation.
41.5. Compliance with Illinois Works Jobs Program Act. Grantee must comply with requirements in the
Illinois Works Jobs Program Act (30 ILCS 559/Art. 20). For Awards with an estimated total project cost of $500,000
or more, the Grantee will be required to comply with the Illinois Works Apprenticeship Initiative (30 ILCS 559/20-
20 to 20-25) and all applicable administrative rules (see 14 III. Admin. Code Part 680). The "estimated total project
cost" is a good faith approximation of the costs of an entire project being paid for in whole or in part by
appropriated capital funds to construct a public work. Grantee must submit a Budget Supplement Form (available
on the Grantor's website) to the Grantor within ninety (90) days of the execution of this Award. The goal of the
Illinois Apprenticeship Initiative is that apprentices will perform either 10% of the total labor hours actually worked
in each prevailing wage classification or 10% of the estimated labor hours in each prevailing wage classification,
whichever is less. Grantee is permitted to seek from the Grantor a waiver or reduction of this goal in certain
circumstances pursuant to 30 ILCS 559/20-20(b). The Grantee must ensure compliance for the life of the entire
project, including during the term of the Award and after the Term ends, if applicable, and will be required to
report on and certify its compliance.
41.6. Compliance with Business Enterprise Program. If applicable to this Grant, Grantee acknowledges
that it is required to comply with the Business Enterprise Program for Minorities, Females, and Persons with
Disabilities Act ("BEP") (30 ILCS 575/0.01 et seq.), which establishes a goal for contracting with businesses that
have been certified as owned and controlled by persons who are minority, female or who have disabilities.
Grantee shall maintain compliance with the BEP Utilization Plan submitted in conjunction with the Agreement and
shall comply with all reporting requirements.
41.7. Compliance with the Employment of Illinois Workers on Public Works Act. Grantee acknowledges
that it is required to comply with the Employment of Illinois Workers on Public Works Act (30 ILCS 570/0.01 et
seq.) (the "Act"), which provides that whenever there is a period of excessive unemployment in Illinois (as defined
by the Act), if the Grantee is using Grant Funds for (1) constructing or building any public works, or (2) performing
the clean-up and on -site disposal of hazardous waste for the State of Illinois or any political subdivision of the
State, then the Grantee shall employ at least 90% Illinois laborers on such project. Illinois laborers refers to any
person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident. Grantee
State of Illinois
INTER -GOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3 4 21
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may receive an exception from this requirement by submitting a request and supporting documents certifying that
Illinois laborers are either not available or are incapable of performing the particular type of work involved. The
certification must: (a) be submitted to the grant manager within the first quarter of the Award Term; (b) provide
sufficient support that demonstrates the exception is met; (c) be signed by an authorized signatory of the Grantee;
and (d) be approved by the grant manager. In addition, every contractor on a public works project or
improvement or hazardous waste clean-up and on -site disposal project in this State may place on such work no
more than 3 (or 6 in the case of a hazardous waste clean-up and on -site disposal project) of the contractor's
regularly employed non-resident executive and technical experts.
ARTICLE XLII
BOND FUNDED GENERAL GRANT PROVISIONS
42.1. Bond Funded General Grant Provisions. It is the intent of the State that all or a portion of the
costs of this Project will be paid or reimbursed from the proceeds of tax-exempt bonds subsequently issued by the
State.
State of Illinois
INTER -GOVERNMENTAL GRANT AGREEMENT FISCAL YEAR 2022 / 3 4 21
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Location Map for Proposed Sidewalk Installation
Utilizing Grant Funding
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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 and further detailed in the attached memo.
A one year extension of the agreement with MGP to provide Geographical Information Services (GIS).
A fifth and final contract option with Presstech for Newsletter Printing Services.
A first two year contract option with Crystal Maintenance Services for Custodial services.
A first two year contract option with Melrose Pyrotechnics for Pyrotechnic services.
A third year contract option with DataProse LLC for Utility Bill Printing and Mailing Services.
A first year contract option with ImageTrend for data collection and evaluation services.
A first year contract option with Fire Services Inc for Fire Department Fleet Maintenance.
A first year contract option with B&F Construction Code Services for contract inspections and plan review
services.
A first and final contract option with Peter Baker for UPM cold patch material.
A sixth year contract option with North American Midway Entertainment for rides and amusements at
Buffalo Grove days 2022.
ATTACHMENTS:
• Fall Contract Extensions 2021 (DOCX)
Trustee Liaison
Weidenfeld
Monday, October 18, 2021
Staff Contact
Tom C. Wisniewski, Village Board
Updated: 10/12/2021 9:51 AM
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MEMORANDUM
DATE:
October 14, 2021
TO:
Dane Bragg, Village Manager
FROM:
Tom Wisniewski, Buyer
SUBJECT:
Fall Contract Extensions
Dane, Staff will bring the following recommendations forcontract extensions before the Village Board as a
single item on October 18.
Staff recommends that the Village President and Board of Trustees authorize staff to execute a one-year
contract option with Municipal GIS Partners, Inc. for Geographical Information Services to coverthe period
from January 1, 2022 to December 31, 2022. This work would be expected to continue to be done within
the 2022 approved budget amount. A price increase of no more than 3% is expected and the base contract
amount is set at a not to exceed amount of $149,942.00.
Staff recommends that the Village President and Board of Trustees authorize staff to execute the fifth and
final year contract option with Presstech, Inc., for Printing Services to coverthe period from January 1, 2022
to December 31, 2022.This work would be expected to continue to be done within the 2022 approved
budget amount. A price increase of no more than 2.5% is expected and the base contract amount is set at
a not to exceed amount of $25,100.00.
Staff recommends that the Village President and Board of Trustees authorize staff to execute the third year
contract option with DataProse LLC., for Utility Bill Printing and Mailing Services to cover the period from
January 1, 2022 to December 31, 2022.This work would be expected to continue to be done within the
2022 approved budget amount. A price increase of no more than 2.5% is expected and the base contract
amount is set at a not to exceed amount of $10,500.00. The contractual cost does not include postage as
this is a passthrough cost.
Staff recommends that the Village President and Board of Trustees authorize staff to execute the first two-
year contract option with Crystal Maintenance Services Inc forcustodial services to cover the period from
January 1, 2022 to December 31, 2023. This work would be expected to continue to be done within the
2022 approved budget amount. A price increase of no more than 2.5% is expected and the base contract
amount is set at a not to exceed amount of $118,310.00.
Staff recommends that the Village President and Board of Trustees authorize staff to execute the f irst two-
year contract option with Melrose Pyrotechnics for Pyrotechnics Services to coverthe period from January
11, 2022 to January 11, 2024 This work would beexpected to continue to bedone within the 2022 approved
budget amount. The base contract amount is set at a not to exceed amount of $29,000 per year.
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Staff recommends that the Village President and Board of Trustees authorize staff to execute the first year
contract option with ImageTrend Inc., ford atacollection and evaluation to cover the period from February
10, 2022 to February 10, 2023.This work would be expected to continue to be done within the 2022
approved budget amount. The base contract amount is set at a not to exceed amount of $9,940.
Staff recommends that the Village President and Board of Trustees authorize staff to execute the first year
contract option with Fire Services Inc., for Fire Department Fleet Maintenance to cover the period from
January 1, 2022 to December 31, 2022.This work would be expected to continue to be done within the
2022 approved budgetamount. The base contractamount is set at $145,000 with a $30,000 Village Manger
controlled contingency for a not to exceed amount of $175,000.
Staff recommends that the Village President and Board of Trustees authorize staff to execute the first year
contract option with B&F Construction Code Services, for Contract Inspections and Plan Review Services
to coverthe period from November3, 2021 to November3, 2022.This work would be expected to continue
to be done within the 2022 approved budget amount. The base contract amount is set at a not to exceed
amount of $250,000.
Staff recommends that the Village President and Board of Trustees authorize staff to execute the first and
final year contract option with Peter Baker, for UPM Cold Patch Material to cover the period from January
1, 2022 to December 31, 2022.This work would be expected to continue to be done within the 2022
approved budget amount. The base contract amount is set at a not to exceed amount of $19,800.
Staff recommends that the Village President and Board of Trustees authorize staff to execute the sixth -year
contractoptions with North American Midway Entertainment forrides and amusements at the Buffalo Grove
Days Festival for2022. The Village will receive a 37% share of the gross receipts of ticket sales.
I have reviewed the performance of each of the above listed contractors/vendors with the staff from the
individual department responsible for managing each contract. Staff has reported back that each of the
above listed contractors has either met or exceeded the expectations of the contract.
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8.H
Ordinance No. 0-2021-71 : Liquor License Reservation- Prairie
House Tavern 2710 Main Street
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Staff recommends approval.
SUMMARY: A Class A liquor license is reserved for TK Tavern, Inc. d/b/a Prairie House Tavern at 2710
Main Street. This reservation is subject to the applicant completing Village requirements for said license
on or before January 16, 2022.
ATTACHMENTS:
• Ord Class A -reserve TK Tavern Inc dba Prairie House Tavern (002) (DOCX)
Trustee Liaison
Sussman
Monday, October 18, 2021
Staff Contact
Chris Stilling, Community Development
Updated: 10/14/2021 10:31 AM
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Underlined = addition
StFi.ethF, ut4 =deletion
10/14/2021
ORDINANCE NO. 2021 -
AN ORDINANCE AMENDING CHAPTER5.20 LIQUOR CONTROLS
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuantto the Illinois Constitution of
1970.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS as follows:
Section 1. Subsection A. of Section 5.20.072 of the Village of Buffalo Grove Municipal Code is hereby
amended with deletions in StFikethFeugh and additions in underline text so that Subsection A. of Section
5.20.072 shall provide as follows:
A. Class A.
Licensee and d/b/a
1. Luma, LLC d/b/a Lou Malnati's
2. Select Restaurants, Inc. d/b/a Countyline Tavern
3. Rack'Em Up Chicago, Inc.
4. The Schwaben Center
S. Midas Banquets, Inc. d/b/a Astoria Banquets
6. Progressive Management Services, LLC
7. Chef Adam, Inc. d/b/a
The Grove Banquets and Catering
8. La Minita, Inc. d/b/a Mi Mexico Mexican Restaurant
9. K1Speed,lnc.
10. Le ise rv, LLC d/b/a Bowle ro —Buffalo Grove
11. Le Presa Restaurant, Inc.
12. BRI Incorporated d/b/a Sal & Tony's
13. SpyderEntertainment, Inc. d/b/aTraktirthe 12 Chairs
14. Telugu Ruchulu of BG, LLC d/b/a
Nawabi Hyderabad House Biryani Place
Address
85 South Buffalo Grove Road
800 Lake -Cook Road
312 McHenry Road
301 Weiland Road
1375 W.Dundee Road
401 Half Day Road
301 Weiland Road
220 N. Milwaukee Avenue
301 Hastings Lane
350 McHenry Road
86 W. Dundee Road
48 Raupp Boulevard
1224 W.Dundee Road
228 McHenry Road
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15. Themi's Pizza, LLC d/b/a Giordano's of Buffalo Grove 270 McHenry Road
16. FREP PH Management, LLC 2710 Main Street
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17. Yang Group, Inc. d/b/a Sushi Grove 154 McHenry Road
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18. AAA Restaurant, Inc. d/b/a Flambe India 1155 McHenry Road #102B
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19. TKTavern, Inc. d/b/a Prairie House Tavern 2710 Main Street
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A. A Class A liquor license is reserved for TKTavern, Inc. d/b/a Prairie House Tavern. at 2710
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Main Street. This reservation is subject to the applicant completing Village requirements for
said license on or before January 16, 2022. The Village Manager shall have the authority to
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extend the January 16, 2022 date for good cause shown. If not so extended, this reservation
shall cease.
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B. This Section shall not be codified.
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Section 3. This Ordinance shall be in full force and in effectfrom and after its passage and approval.
AYES:
NAYS:
ABSENT:
PASSED: _ J 2021
APPROVED: J 2021
Beverly Sussman, Village President
ATTEST:
Janet M. Sirabian, Village Clerk
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9.A
Ordinance No. 0-2021-72 : Ordinance Approving an Amendment to
Ord. 93-5, Rezoning to B3, Final Plat of Subdivision and Variations
for 201 & 251 N Milwaukee Avenue
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................
The Planning & Zoning Commission unanimously recommended approval, subject to the conditions in the
Ordinance. Staff concurs with this recommendation.
Speedway at 201 N Milwaukee is seeking to acquire and demolish the existing 2-story office building to
the north (251 N Milwaukee) and construct a new larger gas station on the entire site. The proposed
Speedway expansion will require an amendment to Ordinance 93-5, rezoning to B3, final plat of
subdivision and variations.
ATTACHMENTS:
• BOT Memo (DOCX)
• Ordinance (DOC)
• Exhibit A - Plan Set (PDF)
• Exhibit B Minutes (DOCX)
• Workshop Minutes (DOCX)
Trustee Liaison
Pike
Monday, October 18, 2021
Staff Contact
Nicole Woods, Community Development
Updated: 10/12/2021 8:20 AM
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9.A.a
MEMORANDUM
DATE: October18, 2021
TO: Dane Bragg, Village Manager
FROM: Christopher Stilling, Deputy Village Manager
SUBJECT: 201 N Milwaukee Rd and 251 N Milwaukee Rd — (1) an amendment to Planned
Development Ordinance 93-45, as amended; (2) a final Plat of Subdivision; (3) a
rezoning to a B3 Planned Business District; (4) an approval of a vacation of a portion
of the alley depicted on the plat of vacation; (5) a Preliminary Plan; and (6) with zoning
and sign variations.
PROJECT BACKGROUND
Speedway at 201 N Milwaukee is seeking to
acquire and demolish the existing 2-story office
building to the north (251 N Milwaukee) and
construct a new larger gas station on the entire
site. Their goal is to develop a site that provides
better flow for both passenger (auto) and
commercial vehicles.
The proposed Speedway expansion will include
the construction of a new auto fuel canopy,
commercial fueling lanes, and a convenience
store. The petitionerhas requestedthefollowing:
(1) An amendment to Planned Development
Ordinance 93-45;
(2) A final Plat of Subdivision;
(3) A rezoningto a B3 Planned Business District;
(4) An approval of a vacation of a portion of the alley depicted on the plat of vacation;
(5) A Preliminary Plan;
(6) With zoning and sign variations listed part of this petition:
Zoning Variations
a. Encroachment into the required 25' landscape setback along the Public Right of Way
RiverwalkRd and Milwaukee Ave.
b. Allow for an accessory structure (canopy) to be present in-between buildingand right-of-
wayalong RiverwalkDrand Milwaukee Ave.
Sign Variations
a. Allow fortwo additional wall signs on the auto fuel canopy that exceeds the required width
of a wall sign and a wall sign's location not facing the right-of-way.
b. Allow fora wall sign on the commercial fuel canopy, which is not facing the right-of-way.
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9.A.a
PLANNING & ZONING COMMISSION (PZC) RECOMMENDATION
The PZC unanimously recommended approval of the 201 N Milwaukee Rd and 251 N Milwaukee Rd
rezoning to an amendment to Planned Development Ordinance 93-45, as amended; a final Plat of
Subdivision; a rezoning to a B3 Planned Business District; an approval of a vacation of a portion of the
alley depicted on the plat of vacation; a Preliminary Plan; with zoning and sign variations; subject to
the following conditions:
1. The proposed development shall be developed in substantial conformance to the plans
attached as part of the petition.
2. A final plat of subdivision shall be revised in a manner acceptable to the Village as required
3. A final plat of vacation shall be revised in a manner acceptable to the Village as required.
4. Final Engineering plans and stormwater report shall be revised in a manner acceptable to the
Village as required.
5. Any directional or incidental sign added to the sign package provided shall be reviewed
administratively by Staff.
6. Billboard sign on the northern portion of the site shall be removed once Speedway begins
improvements on the site.
Public Hearing Comments
Duringthe public hearing, a representative from theadjoining property owner (William Johnson)asked
questions regardingthe development and expressed concerns about landscapingand lighting.
PLANNING & ZONING ANALYSIS
Site Plan
• The existing Speedwayat 201 Milwaukee is seeking to acquire and demolish the office building
located on the parcel to north at 251 Milwaukee Road.
• The proposed site comprising of both the parcels measures approximately 3.47 acres.
• The subject property will include a new expanded convenience, with an auto fuel canopy on
the west of the convenience store and the commercialfuel canopy east of convenience store.
• The auto fuel canopy along Milwaukee Ave has 20 fuel dispensers.
• Speedway auto and commercial fuel canopy and the convenience store will be operated 24
hours all seven days of the week and will employ in total 15-20 employees through various
shiftsduringthe day and night.
Video Gaming N
State Statute O
Pursuantto State Statute, should Speedway proceed with the concept, theywould qualify as a "Truck o
Stop" since they are greater than 3-acres and sell more than 10,000 gallons of diesel per month. (D
Speedwaywill not be providing truck stop amenities such as showers, laundry, a sit-down restaurant,
etc. The acquisition of the parcel to the north is what would allow for them to meet the land size m
requirements. One keyclifference from bars/restaurants with videogaming isthatstate classified truck };
stops with gaming are permitted to operate machines 24 hours/day. Furthermore, they are not
required to sell liquor for on -site consumption. Lastly, they maybe permitted up to ten video gaming s
machines versus the maximum six fora bar/restaurant. Staff has reviewed our Gaming regulations and
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9.A.a
found that the site would be permitted to operate the gaming machines, subject to the approval of
the Village Board as part of their zoning petition.
Parking & Traffic
• The site consists of four separate curb cuts to allow access to the proposed site along
Milwaukee Ave, RiverwalkDrand N Riverwalk Dr.
• Along Milwaukee Ave, two curb cuts are being proposed. The one to the south will allow for
right -in right -out auto circulation movement. The second curb cut to the North will allow for
full access movementfor both auto and truck circulation to the site.
• Along Riverwalk Dr, a curb cut is being proposed to allow forauto entering and exiting the site
and trucks to exit the site.
• Along N Riverwalk Dr, a curb cut is being proposed to allow forfull access movement for both
auto and truck circulation to the site.
• The petitioner has provided a traffic analysis from KLOA who have indicated that the existing
traffic facilities can accommodate the development.
• The project will include 23 parking spaces found south and west of the convenience store, and
the auto fuel canopy provides for20 parking spaces while fueling. The Speedway development
meets the Code for parking.
Plat of Vacation
• As part of the request, Speedway is seeking that the Village vacate a parcel part of 241
Milwaukee Rd property.
• Staff supports the request to vacate the property. The petitioner has also provided a plat of
vacation for this subject property.
Plat of Subdivision
• The existing site consists of 2 parcels forthe subject property at 201 Milwaukee Road and 241
Milwaukee Road.
• As part of their request, the petitioner is proposing a final plat of subdivision to consolidate
two parcels into one lot and retain the 201 Milwaukee Rd Address.
• Asa condition of approval, the final plat shall be revised in a manner acceptable tothe Village.
Stormwater
• Engineering has reviewed the stormwater report and has requested further clarification on
how the stormwater in the south portion is connected to detention basin in the northeast
corner of the site; responses and updates to the stormwater report will be submitted in their
final engineering plans to the Village.
• The preliminary engineering plans as proposed have been reviewed by the Village Engineer.
Asa condition of approval, final engineeringwill have to be submitted in a manner acceptable
to the Village.
Landscaping
• The Petitioner has provided a landscape plan showing new and existing landscaping °
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throughoutthe development. d
2
• The Zoning Ordinance requires a minimum 25' landscape setback along Milwaukee Avenue
and Riverwalk Drive. The Petitioner's plans show a 12' landscape maintained along Milwaukee
m
Ave and N Riverwalk Dr, thereby a variation is required.
• The Petitioner has included that the reduction in landscaping is accounted for having the auto
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and commercial fuel canopy between convenience store buildingand the public right of way.
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• The Village Forester has reviewed the landscape plan and does not have any concerns with the
proposed and existing landscaping.
Building Elevations
• The proposed 23'-6" tall convenience store building is centrally located on the Speedway site
and is comprised of brick masonry.
• The auto and commercial fuel canopies are painted the Speedway conventional gray and red
and measure 20'-4" in height.
Signage
Freestanding Ground Sign
• Speedway is retaining the original Speedway Ground Sign in the same location which was
approved as part of the Ordinance No. 2013-70.
Building Sign
• The proposed sign on the convenience store meets Code.
Auto fuel (wall) canopy
• Speedway has proposed 4canopy signs on the auto fuel canopy.
• The two logo signs on the east and west elevations of the auto fuel canopy meet Code.
• The two 'Speedway' signs on the north and south elevations of the auto fuel canopy require
a variation forthe width of the sign. In addition, the sign on the north elevation requires a
variation for location as it does notface a right-of-way.
• The'Speedway' sign measures 15'-9" in width; and exceedsthe maximum allowable width of
the sign by 6'-6".
Commercial fuel (wall) canopy
• Speedway is proposingtwo logo signs on the commercial fuel canopy.
• The two logo sign on the south elevation of the commercial fuel canopy requires a variation
for the location as it does notface a right-of-way.
• The two logo signs meet all sign requirements for height, area and width of the sign.
Billboard Sign
• There is a large commercial billboard sign located on the northern portion of the property,
which Staff is recommending removal.
VARIATIONS
Zoning Ordinance
The following is a summary of the requested Zoning Ordinance variations reflected in the plan:
A Variation to Section 17.32.020 of the Zoning Ordinance to allow an accessory structure in the front
and side yards as depicted on the Preliminary Plan
Per the Zoning Ordinance, any accessory structure (canopy) cannot be located closer to the front lot
line than the principal building. Since the auto and commercial fuel canopies are located between the
main building (conveniencestore) and the roads (MilwaukeeAve and N Riverwalk Drive), the variation
is required. Staff notes that this is a common variation for all gas station requests and finds that the
variation is warranted.
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A Variation to Section 17.36.040 of the Zoning Ordinance to reduce the landscape setback of25'to 12'
along N Riverwalk Dr and MilwaukeeAve
Per the Zoning Ordinance, a landscape setback of 25' has to be maintained along public right of ways
which in this case is Milwaukee Ave and N Riverwalk Dr. Speedway has a 12' landscape setback along
N Riverwalk Dr and Milwaukee Ave.
Signage
The following is a summary of the requested Sign variations reflected in the plan:
Auto Fuel Canopy Sign
a) A Variation to Chap ter14.16 of the Sign Code forthe location of the canopy sign; and,
b) A Variation to Chapter14.16 of the Sign Code to exceed the maximum allowable width of the
sign.
Commercial Fuel Canopy
a) A Variation to Chapter14.16 of the Sign Code forthe location of the canopy sign; and,
ACTION REQUESTED
Staff recommends that the Village Board approvean Ordinance granting (1) an amendmentto Planned
Development Ordinance 93-45, as amended; (2) a final Plat of Subdivision; (3) a rezoning to a B3
Planned Business District; (4) an approval of a vacation of a portion of the alley depicted on the plat of
vacation; (5) a Preliminary Plan; and (6) with zoningand sign variations.
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9.A.b
ORDINANCE NO. 2021—
AN ORDINANCE APPROVING AN AMENDMENT TO PLANNED DEVELOPMENT ORDINANCE 93-
45, AS AMENDED; A FINAL PLAT OF SUBDIVISION; A REZONING TO A B3 PLANNED BUSINESS
DISTRICT; AN APPROVAL OF A VACATION OF A PORTION OF THE ALLEY DEPICTED ON THE
PLAT OF VACATION; A PRELIMINARY PLAN; WITH ZONING AND SIGN VARIATIONS -
SPEEDWAY
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
201 N MILWAUKEE RD AND 251 N MILWAUKEE RD
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois
Constitution of 1970; and,
WHEREAS, 201 N Milwaukee Rd and 251 N Milwaukee Rd (hereinafter referred to as the
"Property") is currently improved by a Speedway convenience store and gas station which will be
expanded, and an office building which will be demolished; and,
WHEREAS, WT Group on behalf of Speedway (hereinafter referred to as "Petitioner" or
"Developer"), is proposing to consolidate two parcelsat 201 N Milwaukee Rd and 251 N Milwaukee
Rd into one parcel, and redevelop a 3.47 acres lotto contain a convenience store, auto fuel canopy,
and commercial fuel canopy.; and,
WHEREAS, the Petitioner has fileda petition requesting approval of: (1) an amendmentto Planned
Development Ordinance 93-45, as amended; (2) a final Plat of Subdivision; (3) a rezoning to a B3
Planned Business District; (4) an approval of a vacation of a portion of the alleydepicted on the plat
of vacation; (5) a Preliminary Plan; and (6) with zoning and sign variations;
Zoning Variations
a) Encroachment into the required 25' landscape setback along the Public Right of
Way Riverwalk Rd and Milwaukee Ave, as depicted in Exhibit "A"; and,
b) Allow for an accessory structure (canopy) to be present in-between building and
right-of-way along Riverwalk Dr and Milwaukee Ave, as depicted in Exhibit "A".
Sign Variations
a) Allow for two additional wall signs on the auto fuel canopy that exceeds the
required width of a wall sign and a wall sign's location not facing the right-of-way,
as depicted in Exhibit "A"; and,
b) Allowfor a wall sign on the commercialfuel canopy, which isnot facingthe right-of-
way, as depicted in Exhibit "A".
Packet Pg. 94
9.A.b
2
WHEREAS, the proposed Development is being requested pursuant to the following
exhibits:
EXHIBITA Plan Set, including the Plat of Subdivision and Plat of Vacation
EXHIBIT B Minutes from the October 6, 2021 Planning & Zoning Commission Meeting
WHEREAS, the Village Planning & Zoning Commission conducted a public hearing on
October 6, 2021 concerning the Speedway Development; and,
WHEREAS, the Planning & Zoning Commission voted 8 to 0 to recommend: (1) an
amendment to Planned Development Ordinance93-45, asamended; (2) a final PlatofSubdivision;
(3) a rezoning to a B3 Planned Business District; (4) an approval of a vacation of a portion of the
alleydepicted on the platof vacation; (5) a Preliminary Plan; and (6) with zoning and sign variations
NOW, THEREFORE, BE ITORDAINED BYTHE PRESIDENTAND BOARD OF TRUSTEES OFTHE VILLAGE
OF BUFFALO GROVE, COOKAND LAKE COUNTIES, ILLINOIS:
Section 1. This ordinance is made pursuant to and in accordance with the Village's
Zoning Ordinance and Sign Code and the Village's Home Rule powers. The preceding whereas
clauses are hereby incorporated herein.
Section 2. The Corporate Authorities hereby adopt a proper, valid and binding
ordinance approving (1) an amendment to Planned Development Ordinance 93-45, as amended;
(2) a final Plat of Subdivision; (3) a rezoning to a B3 Planned Business District; (4) an approval of a
vacation of a portion of the alley depicted on the plat of vacation; (5) a Preliminary Plan; and (6)
with zoning and sign variations:
1. The proposed development shall be developed in substantial conformance to the plans
attached as part of the petition.
2. A final plat of subdivision shall be revised in a manner acceptable to the Village as required.
3. A final plat of vacation shall be revised in a manner acceptable to the Village as required
4. Final Engineering plans and stormwater report shall be revised in a manner acceptable to
the Village as required.
5. Any directional or incidental sign added to the sign package provided shall be reviewed
administratively by Staff.
6. Billboard sign on the northern portion of the site shall be removed once Speedway begins
improvements on the site.
Packet Pg. 95
9.A.b
Section 3. This Ordinance shall be infull forceand effect. This Ordinance shall not be codified. 3
2
AYES:
Ln
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otf
ABSENT:
PASSED: APPROVED:
ATTEST: APPROVED:
Village Clerk
Beverly Sussman, Village President
Packet Pg. 96
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EXHIBIT A — Plan Set Y
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Speedway
201 N MILWAUKEE RD AND 251 N MILWAUKEE RD
N
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EXHIBIT B — Minutes from the October 6, 2021 Planning & Zoning Commission Meeting 3
3
Speedway Ln
201 N MILWAUKEE RD AND 251 N MILWAUKEE RD 06
Packet Pg. 98
9.A.c
SPEEDWAY #7649
201 N Milwaukee Ave, Buffalo Grove, IL 60089
Project Narrative
August 13, 2021
The existing Speedway site is located at 201 N Milwaukee Ave in the Village of Buffalo Grove, IL. The
proposed development will include purchasing +/- 1.526 acres of land to the north that is currently office
buildings. Speedway will combine that property with their existing +/-1.955 acres to allow them to redevelop
the site for a total of +/- 3.481 acres. The onsite improvements will include the 4,600 sqft Speedway Retail
store with an increased footprint, updated amenities, fresh food, a 10 dispenser Starter Gate Auto Canopy,
2 Commercial Fueling Lanes (CFL) Canopy, one goal post ID sign and other typical site improvements.
Speedway is proposing to have video gaming at this location. The minimum lot area required for video
gaming at a truck stop location is 3 acres. Even though Speedway would be classified as a truck stop,
Speedway will not be providing in store truck stop amenities such as showers, laundry, a sit down restaurant,
etc. Speedway is known for hiring and promoting from local communities. This facility would provide 15-20
employment opportunities for the local individuals. Speedway makes a commitment to the local community
not only through employment but also through charitable giving and even with the materials used to build
the facility. The Retail store is a masonry bearing building with the latest in consumer driven technology.
The current Speedway is zoned B-3 (Planned Business Center District). The northern parcel is currently zoned
R-E (One Family Dwelling District). The purchased parcel will be rezoned to B-3 (Planned Business Center
District) and then combined to the current Speedway parcel. The underlying ordinances will then have to be
amended for the Plat of Subdivision.
The site would consist of four separate curb cuts to allow access to the proposed site. Along Milwaukee Ave,
two curb cuts are being proposed. First one will allow for right in right out auto circulation movement. The
second curb cut will allow for full access movement for both auto and truck circulation to the site. Along
Riverwalk Dr, a curb cut is being proposed to allow for auto entering and exiting the site and trucks to exit
the site. Along N Riverwalk Dr, a curb cut is being proposed to allow for full access movement for both auto
and truck circulation to the site.
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September 27, 2021
Frank Petrich, P.E.
Project Designer, WT Group
2675 Pratum Avenue
Hoffman Estates, IL 60192
Re: Preliminary Engineering Submittal - Speedway (201 N Milwaukee Ave.)
Dear Mr. Petrich:
The Village's Engineering Department received and reviewed engineering drawings, plat of subdivision,
stormwater report, cost estimate, and P.E. calculation submitted digitally on September 13, 2021 for the
Speedway development project at 201 N. Milwaukee Ave. in the Columbian Gardens/EMRO subdivisions.
Below are comments that shall be addressed prior to the next submittal and/or issuance of any Village
permits.
1. Enclosed is a draft Development Improvement Agreement (DIA). The Developer will be required to
execute and submit the DIA including;
a. A Letter of Credit ($662,314.00).
b. Engineering review and inspection fees ($19,844.00).
c. A cash deposit ($6,690.00).
2. Plat of Subdivision:
a. Please add the Corporate Authority's Certificate (can be found at the end of Chapter 16 in
our municipal code).
3. Please provide a WDO permit application for review and execution by the Village Enforcement
officer.
4. Please provide the offsite improvement plans for review.
5. Village Exhibits still missing from plans. Enclosed are PDF's of the required Village Exhibits.
Plan Bets
CD (Demolition Plan)
1. The building being demolished at 251 N. Milwaukee is believed to have one Village water
connection and one private water well. If the water well still exists, it will need to be properly
abandoned.
2. Enclosed is the Village's GIS record of the location of the water service connection to building 251
N. Milwaukee. This may not be the actual location; however, no water services are shown on the
demo plan for the 251 building. Please add removal of the water service to the demo plan.
CS (Plot/Dimension Plan)
1. The Village requires Neenah or EJ Ironworks ADA panels (brick red/colonial red). Do not mix/match
manufacturers as the colors are slightly different.
2. Please eliminate unused pavement sections from the legend.
An Internationally Accredited
Public Works Agency
Since 2004
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Packet Pg. 103
I 9.A.c I
BUFFALO G'ROVE
IV T-
LO
CG (Grading Plan) N
1. Shorten/lower 5'-6'+ tall mounds to 3' above the top of curb. T"
2. Define the 100-year storm overland flow route(s). N
CE (SWPP Plans)
1. SE/SC will be required on the west side of IL-21. Not sure if you were going to show on this set of
plans, or offsite plans.
2. Add inlet protection to the storm structures along Riverwalk Drive immediately south of the
proposed Riverwalk Drive construction entrance.
3. Both CE sheets drawing no.'s are CE. Please update the drawing no. on the second sheet to CE1.
4. The concrete washout detail is very faint on sheet CE1.
CU (Piping & Utilities Plan)
1. Two consecutive sanitary sewer cleanouts are not allowed per code. If one clean out is insufficient,
please add another sanitary structure.
2. Crossing X1 has 4" of separation between pipes. Have pipe material thicknesses been accounted
for?
3. Please replace the existing storm inlet at the NE speedway entrance with a catch basin.
4. Pipe crossing X7 shall be placed in casing or WMQ pipe utilized for the storm sewer.
5. Are the ADS inlet filters shown on page CU1 permanent or to be utilized for SE/SC purposes?
6. If an irrigation system is incorporated into the project, a separate Building Department permit will
be required prior to system installation.
7. Maximum structure riser ring height allowed is 2 courses at 6". Please update details on CUD-1.
8. Eliminate the last five rows of pipe specifications on CUD-1.
STD-CPC-1 (Pavement and Curbing Details)
1. Please remove the cold weather curb installation detail.
2. Update pavement berm detail to show 3:1 max slope.
SLorinwater Management t serf
1. Please confirm use of the ISWS Bulletin 75 rainfall data.
2. It appears Area 11 and 12 do not connect to the proposed detention basin. How is this unrestricted
flow accounted for?
3. It appears storm sewers 2-5 surcharge during the 10-year event. Please size these accordingly to
convey the 10-year storm within the pipe.
If there are any additional questions, please feel free to call me at (847) 459-2532.
Sincerely,
.............
M
,P
Ted Sianis, P.E.
Civil Engineer II
G:\ENGINEER\Developments\Speedway\Engineering\2021.09.13_Plan Submittal\LET T Petri ch_Speedway_Review_09-27-
2021.docx
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Estimated Population Equivalent for Speedway #7649 - Buffalo Grove, IL
The following population information is the anticipated loading produced by the
development:
• Estimated vehicles served per day is 250. For purposes of this calculation, it is
assumed the service station will produce a flow of 5 Gallons / Vehicle / Day.
• Estimated employees is 5. For purposes of this calculation, it is assumed the
service station will produce a flow of 20 Gallons / Employee / Day.
• New total flow expected is 250 Vehicles x 5 Gallons / Vehicle / Day + 5
Employees x 20 Gallons / Employee / Day = 1250 GPD + 100 GPD = 1350 GPD
• Estimated Population equivalent is 1350 GPD / 100 GPD / PE = 13.5 - 14 PE
• Estimated BOD Population equivalent is 0.17 x 14 PE = 2.38 BOD PE
• Estimated Suspended Solids PE is 0.20 x 14 PE = 2.80 Suspended Solids PE
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September 10, 2021
Village of Buffalo Grove
Engineering Department
Fifty One Raupp Blvd.
Buffalo Grove, IL 60089
Attn: Mr. Ted Sianis- P.E.
is i_g in iis..yg c�.irg
Re: Zoning Submittal- Speedway (201 N Milwaukee Ave.)
Review Letter No.:1
WTCE Project No.: D2100065
Dear Mr. Sianis:
Listed below in bold are our responses to comments from your E-mailed letter dated August 26, 2021
General
1. Please provide any necessary other agency permits.
This project will require an IEPA NPDES approval, and a permit from IDOT. These approvals
will be forwarded upon receipt.
2. Please provide a stormwater management report.
A Stormwater Management Report for this project is included within this submittal.
3. Building demolition will require a separate demolition permit through the Village. This form can
be found on our Building/Zoning website.
It is our understanding that this is being coordinated separately with the Village, and that this
comment is not applicable at this time.
4. Please add a demolition plan, soil erosion/sediment control plan, and details to the plan set.
a. Enclosed are the Village standard details/exhibits for inclusion.
The Demolition Plan, Stormwater Pollution Prevention Plan, and applicable detail
sheets have been added to the plan set. The provided Village standard details and
exhibits have been added.
Packet Pg. 134
5. Final plan set will require PE stamp.
The enclosed plan set has been signed and sealed.
6. When Village Engineering Department approval is provided for the development, two (2) paper
full size plan sets will be required for the Engineering Department.
Understood.
7. If flood plain maps will be modified by development, please complete a CLOMR now, or a LOMR
at the completion of the project to update the flood plain maps for the site.
No floodplain maps will be modified by this development as no 100 year floodplain
encroaches on the property.
8. Please provide an Engineer's Opinion of Probable Cost (EOPC). Include a 10% contingency as
well as an 8% increase for Letter of Credit purposes per ordinance 16.20.130.
An Engineer's Opinion of Probable Cost is included within this submittal.
9. Once the Village has an EOPC, we will develop and provide you a draft Development
Improvement Agreement (DIA). The Developer will be required to execute and submit the DIA
including;
a. A Letter of Credit
Understood.
b. Engineering review and inspection fees
Understood.
c. A cash deposit
Understood.
10. Plat of Subdivision:
a. Please add the County Clerk's Certificate (can be found in our municipal code).
The County Clerk's Certificate has been added to the Plat of Subdivision included
within this submittal.
11. Plat of Easement:
a. Create public utility easements to cover proposed water main, storm sewer, and
sanitary service lateral.
i. Easement provisions provided in the enclosed document.
The proposed easements have been added to the Plat of Subdivision per
direction received from the Village of Buffalo Grove.
11
Packet Pg. 135
b. Add storm water infrastructure maintenance activity and responsibility language.
This language has been added to the Plat of Subdivision included in this submittal.
c. Provide restrictions on the plat for the proposed comp. storage areas.
No compensatory storage is required for the proposed improvements.
d. After review and approval of a plat of easement, you will be required to provide mylar
copies of the plat for execution and recording (to be recorded by developer) in Lake
County.
Understood.
12. Provide sanitary service PE calculation.
The sanitary sewer population equivalent calculations are included within this submittal.
Plan Sheets
CS (Plot Plan)
1. Please verify pavement designs are adequate for the proposed use.
The proposed pavement designs are adequate for the proposed use based on Speedway's
national standards and history with thousands of sites using these designs.
2. Please add sidewalk along North Riverwalk Drive.
Per your email to Frank Petrich dated September 1, 2021, this will no longer be required due
to the presence of mature trees within the ROW along North Riverwalk Drive.
CG (Grading Plan)
1. Shorten/lower 6'+ tall mounds.
The mounds on the site have been lowered to reduce the proposed heights below 6' as shown
on the revised Grading Plan, sheet CG.
2. Add/define 100-year storm overland flow route(s).
The 100-year overland flow route is shown on the Grading Plan, sheet CG.
Packet Pg. 136
CU (Piping & Utilities Plan)
1. For your information, the Village's streetlights currently powered from existing transformer on
site.
Understood.
2. Storm/Sanitary/Water infrastructure will require easements.
Easements for the storm, sanitary, and water improvements have been provided on the Plat
of Subdivision, which is included within this submittal.
3. Based on site grading, Structure #10 shall also be an oil/water separator structure.
The structure south of the canopy, which is now Structure #11, has been changed to be an
environmental catch basin as shown. Please note that we have also added Flexstorm Pure
Permanent Inlet Protection devices to all open rim structures in the paved areas to further
treat site runoff for any hydrocarbons.
4. Please confirm rip rap is sized appropriately at NE corner of site.
The proposed rip rap has been appropriately sized based on the discharge pipe size and the
discharge location configuration.
5. Per Village code, HDPE pipe is not permitted for storm sewer.
The proposed storm sewers have been changed from HDPE to RCP as shown on the revised
Piping and Utilities Plan, sheet CU.
Respectfully Submitted,
The W-T Group, LLC
Jim Glascott, PE CPESC
Project Manager, Civil Engineering
In
Packet Pg. 137
9.A.c
September 30, 2021
Ms. Rati Akash
Village Planner
Village of Buffalo Grove
50 Raup Boulevard
Buffalo Grove, IL 60089
RE: Review of Proposed Speedway Planned Development Applications — Buffalo Grove
Dear Ms. Akash,
Thank you for this opportunity to provide comments and questions regarding the proposed Planned
Development amendment and related variations for an expanded Speedway located on properties at
201 N Milwaukee Avenue and 241 N. Milwaukee Avenue. I am writing on behalf of Mr. Bill Johnson and
other owners with interest in properties located directly east of the proposed development across N.
Riverwalk Drive. Plans are still being formulated, but their intent is to develop those properties for
multiple family dwellings. While the gas station is an existing use, the expanded facility presents several
potential adverse impacts on existing and anticipated future residential uses, which can be mitigated as
part of the Village's application review process.
Having examined the zoning application materials at the Village Hall, we have a few questions and
concerns regarding the Speedway development, and appreciate additional information you can provide
about them. We also welcome these items being considered by the Plan Commission in reviewing the
Speedway proposal. Our questions and concerns focus around the four points described below.
Questions and Comments
The variation requested to reduce the landscape setback from 25' to 12' along N. Riverwalk Drive is
concerning as it reduces landscaped area in which to buffer existing (301 Riverwalk Place) and future
residential uses from operation of the gas station and associated activities. Primary concerns relate to
light and noise impacts from the gas station operations, particularly the trucks that will be using the
diesel pumps on the east side of the site.
Question 1: How can the landscape area along N. Riverwalk Drive be enlarged and/or enhanced to
mitigate light and noise impacts from the gas station.
• The landscape plan indicates the existing trees on the east side will remain — during summer
months, these will provide some visual screen of the station (similar tree cover does not appear
to extent north to where the office building is currently located). However, the greater concern
are impacts headlights and noise from the trucks will have on adjacent residential uses. The
reduced landscape buffer limits understory plantings that could deflect or absorb this noise and
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teskaammiatesinc
627 Grove Street, Evanston, Illinois, 60201 office 847 869-201 S www.Te-skaAssociates.com Packet Pg. 138
9.A.c
:)age 12
headlights. Based on current use of the site, it can be expected that this use will include early N
morning visits by local landscape contractors. Addition shrubs and evergreen landscaping should 06
be included in this area to reduce the potential noise and light impacts year-round. Noise
impacts might be aggravated not just by direct noise, but truck noise echoing off of the main
building. If adequate landscaping cannot be provided in the reduced area, a privacy fence or
wall along the east property line should be considered.
Question 2: Can the N. Riverwalk Drive Curb Cut be eliminated from the proposal.
• There is no description of the need for this curb cut in the traffic study and the turning template
included in the packet does not indicate that driveway being used for access. The elevations
indicate a sign on the south side of the canopy for the diesel pumps being for exiting. Does this
mean that the trucks southbound from Milwaukee Avenue are expected to access the site from
N. Riverwalk Drive and this driveway? If so, this will increase the traffic and noise impacts on
properties to the east. Understandably, without that driveway, trucks would have to circulate
around the building to access the diesel pumps. While inconvenient, it would very much reduce
the light, noise and traffic impacts on properties to the east, particularly during the morning
hours when landscaping vehicles use the pumps.
Question 3: What additional business operations will be associated with the facility and how will
potential adverse impacts on nearby residential uses be address?
• Information from a previous presentation by the applicant and questions of the Village indicated
that the proposal may include: 1) 10 video game machines, 2) 24 hour operation, 3) expanded
alcohol package store liquor sales area, and 4) on premises dining. Are these still part of the
plan? If so, what limitations and controls on these activities (especially as they relate to 24 hour
operations of gaming and liquor sales) are anticipated to be included in the approval ordinance
mitigate noise, light, and late night activity that will impact existing and anticipated residential
uses to the east. In addition, as the use will technically be designated as a truck stop, will
limitations on additional activities related to such uses but not common for local commercial
districts (overnight truck parking, showers, etc) being prevented through the approval
ordinance?
Question 4: Can signage be reduced to mitigate impacts on properties to the east?
• The elevations and variation information provided indicate limited signage on the east fagade of
the building and canopy. From the elevations is it not clear if the diesel canopy will have signage
on the east fagade, but as it would face residential uses, that would seem unnecessary. Similarly,
we would question whether the changeable copy sign on the eastern fagade (facing residential
uses) is necessary given the limited number of fueling pumps there.
Site enhancements: in considering the questions raised here, we offer a few ideas for
enhancements to the proposed site that would mitigate impacts on existing and future residential
uses to the east.
• Remove the curb cut along North Riverwalk Drive.
• Place a privacy fence along the east side of the site and increase landscaping on the outside of
the fence to screen the operation and improve the view overall.
627 Grove Street, Evanston, Illinois, 60201 office 847 869-201 S www.Te-skaAssociates.com Packet Pg. 139
9.A.c
:)age 13
• Increased evergreen planting should be used on the east side to improve year round buffering. uO
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• Foundation landscaping should be provided around the convenience store to create a more 06
attractive site.
• Signage and the canopy lighting should be limited on the east site of the structures and the
hours on which lights on the east side are illuminated (or fully illuminated) should be limited.
• The site does not show any stormwater detention, which may be needed to meet drainage
requirements. If so, addition of stormwater areas should not diminish the number of trees. Also,
to the extent possible, areas around in in the detention basins be planted with attractive, water
absorbing native plants.
Thank you very much for your assistance.
Michael Blue, FAICP
Principal
teakaammiatesinc
627 Grove Street, Evanston, Illinois, 60201 office 847 869-201 S www.Te-skaAssociates.com Packet Pg. 140
9.A.c
SPEEDWAY #7649
201 N Milwaukee Ave, Buffalo Grove, IL 60089
Responses to Teska Comments
October 1, 2021
Question 1:
• Please note the proposed development will greatly enhance the aesthetics of the area and improve land values
for all surrounding properties. The proposed development will be removing dated buildings, dramatically
reducing the FAR development density ratio and greatly enhancing the amount of landscaping.
• Please note that if the CFL canopy was not behind the building the landscape setback would still be 12'. Because
the building is 87' from the property line the allowable reduction is 20' from the required 25' with a 12'
minimum. So we are not reducing below the allowable 12'.
• The comment regarding evergreen landscaping is warranted and evergreen trees could be placed along the CFL
area. However, please note the existing landscaping is being greatly enhanced.
• Regarding noise, the loudest noise is already in the area. Traffic noise on Milwaukee is the loudest noise in the
area. The existing site has both Auto and Truck customers. The existing canopy is 29' feet away from the
property line compared to the proposed 30.5'. Therefore, the proposed new development is not changing the
use but rather it is improving onsite circulation, moving the canopy further away from the east property line and
lowering the FAR development density ratio.
• In addition, the proposed development is moving the more intense Auto use from the east portion of the site to
the farthest west portion of the site and screening the use via the proposed building from the land to the east.
Question 2:
The proposed curb cut as stated is a Tertiary cut that will help the flow of onsite traffic as needed. This curb cut
will be used only slightly as a relief valve. Though not the primary curb cut its use as a relief valve is very
important.
• The main entrance for the CFL canopy will be off of Milwaukee and the exit will be onto Riverwalk. As stated
above minimal traffic will be on North Riverwalk, and it will act as an important relief valve.
Question 3:
• The only proposed additional business operation would be for the gaming. All other business operation currently
are offered on the existing site.
• There is no expanded liquor sales. The existing packaged license would continue with the new proposal.
• Hours of operation would continue as they are today.
• Seating will be minimal and will not provide for full service dining.
• No typical "Truck Stop" amenities will be offered. There are no showers, no full service restaurant, and no truck
parking let alone overnight parking.
• Lighting would become horizontal cutoff LED luminaries; which will further enhance the safety of the proposed
development.
• AS stated above the Auto use is being placed on the west side of the site while the less intense CFL use is on the
east side. This use typically occurs during business hours.
Question 4:
• The proposed design is already requesting dramatically less signage than what is allowed. The proposed Sign
square footage is 69.5sf less than the allowable 288sf.
• There is no Signage on the East side of the CFL canopy.
• According to the American Planners Association the size of the font on the proposed reader board will only be
discernable by the customer at the CFL canopy. Thereby meeting the intent of the reader board.
In summary the proposed development will greatly enhance the aesthetics of the area, improve land values for all
surrounding property, greatly increase and enhance the landscaping, locate the more intense Auto use to the west side
of the site and provide limited signage. In short this will be a very positive improvement for the area.
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6/4/93
ORDINANCE NO93
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE VILLAGE OF BUFFALO GROVE
COOK AND LAKE COUNTIES, |LL|NO|S
Speedway Se.rviceStation,923 N. Milwaukee Avenue
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue
of the Illinois Constitution of 1970; and,
WHEREAS, the property legally described in Exhibit /\ hereto was
annexed to the Village of Buffalo Grove by Ordinance No. 93-44 pursuant to
a written Annexation Agreement dated June 7, 1993, and approved by the
Village by Ordinance No. 93-43 ; and,
WHEREAS, notices of public hearings for zoning and annexation on said
Annexation Agreement have been given and public hearings were held.
NOW, THEREFORE, BE /T ORDAINED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, |LL|NO|8:
Section 1. The Comprehensive Zoning Ordinance of the \/U|a8e of
Buffalo Grove' Conk and Lake Counties, Illinois as amended is hereby
further amended by classifying the property described in Exhibit A hereto
into the B-3 Planned Business Center District.
Section 2. Development of the property shall be in compliance with the
Annexation Agreement dated June 7' 1993, passed and approved pursuant to
Ordinance No. 93 4.
Section 3. This Ordinance shall be in fu|l force and effect on and after
its passage and approval according to law. This Ordinance shall not be
codified.
AYES:- 4 - Murieutbal Kubu 8ralmao Hendricks
N/\YES: O - None
ABSENT: 2 - Reid, Rubin
PASSED: June 7 1993 APPROVED: June 7, 1993_
ATTEST:
`
LM at"
Villa4& Clerk
9.A.c
4• •
Emro Marketing Company
Buffalo Grove Annexation
Parcel 1
Lots 21 and 22 in Block 3 in Unit No. 2 of Columbian Gardens,
being a Subdivision of Section 35, Township 43 North, Range
11, East of the Third Principal Meridian, according to the
Plat thereof, recorded July 10, 1926 as Document 282352, in
Book "P" of Plats, page 92 in Lake County, Illinois.
The Westerly 1/2 of the alley Easterly and adjoining Lot 21 in
Block 3, and the Easterly half of the Alley Westerly and
adjoining Lot 22 in Block 3, all in Unit No. 2 of Columbian
Gardens aforesaid, vacated by the instrument recorded April 3,
1978 as Document 1907357 in Lake County, Illinois.
Parcel 3
Lots 14, 15, 16, 17, 18, 19, 20, 23, 24, 25 and 26 in Block 3
in Unit 2 of Columbian Gardens, being a Subdivision in Section
35, Township 43 North, Range 11, East of the Third Principal
Meridian, according to the plat thereof, recorded July 10,
1926, as Document 282352, in Book "P" of Plats, page 92, in
Lake. County, Illinois.
Parcel 4
The South Westerly half of vacated alley lying North Easterly
and adjoining Lots 14 to 20, both inclusive, in Parcel 1, and
the North Easterly half of the vacated alley lying South
Westerly and adjoining Lots 23 and 24, and that part lying
South Westerly and adjoining and accruing Lot 25, Parcel 1,
vacated by the Instrument recorded April 28, 1978, as Document
1913494, in Lake County, Illinois.
Packet Pg. 143
3I1.9f2013
ORDINANCE NO.2013- 17
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. The Village of Buffalo Grove Municipal Code, as amended, is further amended in
TITLE 5 - BUSINESS TAXES, LICENSES AND REGULATIONS, Chapter 5.20, Liquor
Controls, by adding Section 5.20.035, "Consumption on Property," in its entirety in the manner
and form shown and inserting therein such new text in the manner and form and shown in
underlined bold type below, so that said Section 5.20.035 shall hereafter provide as follows:
5.20.035 — Consumption on Property.
It is unlawful for any owner or occupant of property within the Village, other than
Dwellings, as defined in Chapter 17 of this Code, house trailers and mobile homes to
permit alcoholic liquor to be consumed on such property without a license issued
under this chapter.
Section 2. The Village of Buffalo Grove Municipal Code, as amended, is further amended in
TITLE 5 - BUSINESS TAXES, LICENSES AND REGULATIONS, Chapter 5.20, Liquor
Controls, Section 5.20.070, "License — Classifications," sub -section 5.20.070(G) (Class G
Licenses), by deleting the text in the manner and form shown in strikethrough type below and
inserting therein such new text in the manner and form shown in underlined bold type below, so
that said Section 5.20.070(G) shall hereafter provide as follows:
G. Class G licenses are divided into the following classes:
1. Class GI licenses, authorizing retail sales of alcoholic liquors for consumption on the
premises owned or leased by nonprofit ^r gevef me organizations and occupied
by the licensees. Class G1 licenses shall be subject to the following conditions and
limitations:
a. Special events sponsored by nonprofit organizations must be for the licensee's
members and their guests,
# 567360
Packet Pg. 144
b. Special events for nonmembers on the licensed premise is limited to tW& four
events per calendar year,
c. No event shall be longer than one continuous twenty-four hour period,
d. The fee for each special event license is twenty-five fifteen dollars;
2. Class G2 licenses, authorizing retail sales of alcoholic liquors for
consumption on the premises owned or leased by governmental organizations
and occupied by the licensees. Class G2 licenses shall be sub.iect to the
following conditions and limitations:
a. Prearranged events sponsored by governmental organizations must include the
service of food,
b. A representative of the governmental organization must be present throughout
every such event,
c. The annual fee for each license shall be one hundred dollars;
3. Class G3 licenses, authorizing the retail sales of alcoholic liquors for
consumption on a premise owned or leased by a "for profit" organization, for
a special event open to the public and sponsored by a bona fide nonprofit or
charitable organization where the sale and consumption of alcohol is
incidental to a specified charitable event, shall be subiect to the following
conditions and limitations:
a. Dram shop liability insurance will be provided,
b. The sale and consumption of alcohol shall not be related to any
commercial purpose or in connection with the sale of non-alcoholic
products or to promote the sale of non-alcoholic products. The "for
profit" premise owner or leasee shall not conduct its regular business,
make any sales of non-alcoholic products for profit or provide any paid
services for profit during the special event,
c. The fee for the special event license is twenty-five dollars,
d. No event shall be longer than one continuous twenty-four hour period,
e. The license shall be valid only for the date shown on the face of the
license,
f. No more than 6 such licensees shall be issued per day,
g_ No more than 2 such licensees shall be issued to any one location within a
calendar year.
2
Packet Pg. 145
4. Class G4 licenses, authorizing the giving away of alcoholic liquors for
consumption on premises of any property within the Village, other than
Dwellings, as defined in Chapter 17 of this Code, house trailers and mobile
homes for a Private Function, where attendance is by invitation only and not
open to the public, shall be subiect to the following conditions and
limitations:
a. Dram shop liability insurance will be provided,
b. The fee for the special event license is twenty -rive dollars,
c. No event shall be longer than one continuous twenty-four hour period,
d. The license shall be valid only for the date shown on the face of the
license,
e. No more than 6 such licensees shall be issued per day,
L No more than 2 such licensees shall be issued to any one licensee within a
calendar year.
Section 3. The Village of Buffalo Grove Municipal Code, as amended, is further amended in
TITLE 5 - BUSINESS TAXES, LICENSES AND REGULATIONS, Chapter 5.20, Liquor
Controls, Section 5.20.090, "License — Renewal," by inserting therein such new text in the
manner and form shown in underlined bold type below, so that said Section 5.20.090 shall
hereafter provide as follows:
5.20.090 — License - Renewal.
A. Any licensee may renew the license at the expiration thereof; provided the
licensee is then qualified to receive a license, and the premises for which such
renewal license is sought is suitable for such purpose.
B. No license shall be renewed unless the owner or manager of the license attends an
annual liquor law/alcohol awareness training seminar conducted by the Village.
The fee for the Village providing a make-up seminar shall not exceed five
hundred dollars per licensee.
C. This Section shall not apply to Class G1, G3, and G4 Liquor Licenses.
Section 4. The Village of Buffalo Grove Municipal Code, as amended, is further amended in
TITLE 5 - BUSINESS TAXES, LICENSES AND REGULATIONS, Chapter 5.20, Liquor
Controls, Section 5.20.110, "License — Term — Annual Fee Proration," by inserting therein such
new text in the manner and form shown in underlined bold type below, so that said Section
5.20.110 shall hereafter provide as follows:
5.20.110 — License — Term — Annual fee proration.
Packet Pg. 146
9.A.c
A. Each license shall terminate on the 30th day of April next.following its issuance. LO
Renewal fee shall be due on or before May 1 st. In the event the application is 06
denied, the whole fee shall be refunded. o
B. At the time application is made, the applicant shall pay the Village the sum set
forth in Section 5.20.070. Notwithstanding the annual fees set forth in Section
5.20.070, if an application for a liquor license is received by the Village between
November 1st and April 30th of a fiscal year, the license fee shall be one-half of
the annual fee.
C. This Section shall not apply to Class G1, G3, and G4 Liquor Licenses.
Section 5. This Ordinance shall be in full force and in effect from and after its passage, approval
and publication.
AYES: 5 — Trilling, Sussman, T. erson, Stein, Ottenheimer
NAYS: 0 - None
ABSENT: 1 - Berman
PASSED: March 18, 2013
APPROVED: March 18, 2013
PUBLISHED: March 19, 2013
ATTEST:
Villag rk
Approved:
Village President
:l
Packet Pg. 147
I N
9.A.c
STATE OF ILLINOIS ss.
COUNTY OF COOK
CERTIFICATE
1, Janet M. Sirabian, certify that I am the duly elected
and acting Village Clerk of the Village of Buffalo
Grove, Cook and Lake Counties, Illinois. I further
certify that on March 18, 2013, the Corporate
Authorities of the Village passed and approved
Ordinance No. 2013-17, AN ORDINANCE
AMENDING CHAPTER 5,20 LIQUOR
CONTROLS OF BUFFALO GROVE MUNICIPAL
CODE a copy of such Ordinance was posted in and at
the Village Hall, commencing on March 19, 2013
and continuing for at least ten days thereafter.
Copies of such Ordinance were also available for
public inspection upon request in the Office of
Village Clerk.
Dated at Buffalo Grove, Illinois, this 19th day of
March, 2013.
By
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9.A.c
3/1.9/2013
ORDINANCE NO.2013- 17
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 L The Village of Buffalo Grove Municipal Code, as amended, is further amended in
TITLE 5 - BUSINESS TAXES, LICENSES AND REGULATIONS, Chapter 5.20, Liquor
Controls, by adding Section 5.20.035, "Consumption on Property," in its entirety in the manner
and form shown and inserting therein such new text in the manner and form and shown in.
underlined bold type below, so that said Section 5.20.035 shall hereafter provide as follows:
5.20.035 — Consumption on Property.
It is unlawful for any owner or occupant of property within the Village, other than
Dwellings, as defined in Chapter 17 of this Code, house trailers and mobile homes to
permit alcoholic liquor to be consumed on such property without a license issued
under this chapter.
Section 2. The Village of Buffalo Grove Municipal Code, as amended, is further amended in
TITLE 5 - BUSINESS TAXES, LICENSES AND REGULATIONS, Chapter 5.20, Liquor
Controls, Section 5.20.070, "License — Classifications," sub -section 5.20.070(G) (Class G
Licenses), by deleting the text in the manner and form shown in strikethrough type below and
inserting therein such new text in the manner and form shown in underlined bold type below, so
that said Section 5.20.070(G) shall hereafter provide as follows:
G. Class G licenses are divided into the following classes:
1. Class G1 licenses, authorizing retail sales of alcoholic liquors for consumption on the
premises owned or leased by nonprofit ^M geve met4 ' organizations and occupied
by the licensees. Class G1 licenses shall be subject to the following conditions and
limitations:
a. Special events sponsored by nonprofit organizations must be for the licensee's
members and their guests,
# 567360
Packet Pg. 149
9.A.c
b. Special events for nonmembers on the licensed premise is limited to two four
events per calendar year,
c. No event shall be longer than one continuous twenty-four hour period,
d. The fee for each special event license is twenty-five fifteedollars;
2. Class G2 licenses, authorizing retail sales of alcoholic liquors for
consumption on the premises owned or leased by governmental organizations
and occupied by the licensees. Class G2 licenses shall be subject to the
following conditions and limitations:
a. Prearranged events sponsored by governmental organizations must include the
service of food,
b. A representative of the governmental organization must be present throughout
every such event,
c. The annual fee for each license shall be one hundred dollars;
3. Class G3 licenses, authorizing the retail sales of alcoholic liquors for
consumption on a premise owned or leased by a "for profit" organization, for
a special event open to the public and sponsored by a bona fide nonprofit or
charitable organization where the sale and consumption of alcohol is
incidental to a specified charitable event, shall be subiect to the following
conditions and limitations:
a: Dram shop liability insurance will be provided,
b. The sale and consumption of alcohol shall not be related to any
commercial purpose or in connection with the sale of non-alcoholic
products or to promote the sale of non-alcoholic products. The "for
profit" premise owner or leasee shall not conduct its regular business,
make any sales of non-alcoholic products for profit or provide any paid
services for profit during the special event,
c. The fee for the special event license is twenty-five dollars,
d. No event shall be longer than one continuous twenty-four hour period,
e. The license shall be valid only for the date shown on the face of the
license,
f. No more than 6 such licensees shall be issued per day,
g. No more than 2 such licensees shall be issued to any one location within a
calendar year.
G
Packet Pg. 150
9.A.c
4. Class G4 licenses, authorizing the giving away of alcoholic liquors for
consumption on premises of any property within the Village, other than
Dwellings, as defined in Chapter 17 of this Code, house trailers and mobile
homes for a Private Function, where attendance is by invitation only and not
open to the public, shall be subiect to the following conditions and
limitations!
a. Dram shop liability insurance will be provided,
b. The fee for the special event license is twenty-five dollars,
c. No event shall be longer than one continuous twenty-four hour period,
d. The license shall be valid only for the date shown on the face of the
license,
e. No more than 6 such licensees shall be issued per day,
L No more than 2 such licensees Shall be issued to any one licensee within a
calendar year.
Section 3. The Village of Buffalo Grove Municipal Code, as amended, is further amended in
TITLE 5 - BUSINESS TAXES, LICENSES AND REGULATIONS, Chapter 5.20, Liquor
Controls, Section 5.20.090, "License — Renewal," by inserting therein such new text in the
manner and form shown in underlined bold type below, so that said Section 5.20.090 shall
hereafter provide as follows:
5.20.090 — License - Renewal.
A. Any licensee may renew the license at the expiration thereof; provided the
licensee is then qualified to receive a license, and the premises for which such
renewal license is sought is suitable for such purpose.
B. No license shall be renewed unless the owner or manager of the license attends an
annual liquor law/alcohol awareness training seminar conducted by the Village.
The fee for the Village providing a make-up seminar shall not exceed five
hundred dollars per licensee.
C. This Section shall not apply to Class G1, G3, and G4 Liquor Licenses.
Section 4. The Village of Buffalo Grove Municipal Code, as amended, is further amended in
TITLE 5 - BUSINESS TAXES, LICENSES AND REGULATIONS, Chapter 5.20, Liquor
Controls, Section 5.20.110, "License — Term — Annual Fee Proration," by inserting therein such
new text in the manner and form shown in underlined bold type below, so that said Section
5.20.110 shall hereafter provide as follows:
5.20.110 — License — Term — Annual fee proration.
Packet Pg. 151
A. Each license shall terminate on the 30th day of April next.following its issuance.
Renewal fee shall be due on or before May I st. In the event the application is
denied, the whole fee shall be refunded.
B. At the time application is made, the applicant shall pay the Village the sum set
forth in Section 5.20.070. Notwithstanding the annual fees set forth in Section
5.20.070, if an application for a liquor license is received by the Village between
November 1st and April 3 Oth of a fiscal year, the license fee shall be one-half of
the annual fee.
C. This Section shall not apply to Class G1, G3, and G4 Liquor Licenses.
Section 5. This Ordinance shall be in full force and in effect from and after its passage, approval
and publication.
AYES: 5 — Trilling, Sussman, Terson, Stein, Ottenheimer
NAYS: 0 - None
ABSENT: I - Berman
PASSED: March 18, 2013
APPROVED: March 18,2013
PUBLISHED: March 19, 2013
ATTEST:
Village Cltrk
Approved:
Village President
4
Packet Pg. 152
10/6/2021
9.A.d
10/6/2021
MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE c
VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD,
BUFFALO GROVE, ILLINOIS ON WEDNESDAY, OCTOBER 6, 2021
Call to Order
The meeting was called to order at 7:30 PM by Chairman Frank Cesario
Public Hearinas/Items For Consideration
Consider Approval for (1) an Amendment to Planned Development Ordinance 93-45, as
Amended; (2) a Final Plat of Subdivision; (3)a Rezoning to a B3 Planned Business
District; (4) Approval of a Vacation; (5) a Preliminary Plan; and (6) with Zoning and Sign
Variations at 201 &251 N Milwaukee Rd (Trustee Pike) (Staff Contact: Nicole Woods)
The Speedway matter was called. Chairman Cesario described the zoning relief soughtby
the petitioner.
Village P/annerAkash said that there is an existing office building which will be
demolished, and its place will be a commercial fueling canopy and convenience store.
Although this site does qualify as a truck stop, it will notbe a dine -in or showers. Village
PlannerAkash said that there is an amendment to the PUD and rezoning to B-3 since one
of the parcels is currently zoned residential. There is a goal postground sign that will be
in the some location and it was approved previously. There is a variation required for
canopies north and south since they do notface the right of way. And the same forthe
commercial fuel canopy.
Frank Petrich cons ultan t forSpeed way began the presen tation on behalf of Speedway.
He said thatSpeedway is seeking to expand northbound by using officespace to the
north. This expansion would allow gaming atthesite. There is pavement currently next
to property line. Petrich explained thatfueling occurs from east and west. Speedway
intends to tear down both structures. FAR is 12.2%. More greenspace would be added to
the area. Mr. Petrich explained the reasons forthe proposed site plan. He said that it
gets hectic currently and the proposed plan would allow forbetter separation and safer
circulation. With respect to the curb cuts, hesays Speedway is reducing the curb cuts
from fourto two. Mr. Petrich described how different types of vehicles would access the
site.
Mr. Petrich described the setback variances requested. He said it was notfor the whole
property. Forvegetation, hesaid that they were maintaining the tree line and are
incorporating it into the design. Mr. Petrich described the elevations stating thatit is a
proposed brick masonry with a hip roof. He described the signage, and thatSpeedway
would be keeping the goa/post. He said the site was located at the corner of the
intersection and wants sign age to be perpendicular for visibility.
Mr. Petrich showed a flyovervideo of the proposed Speedway to show the proposed
design. He said thatits not a typical truck stop and will be keeping the same program at
the c-store currently, including the packaged goods. The only thing being added is the
gaming.
Packet Pg. 153
10/6/2021
9.A.d
Chairman Cesario asked if any public agencies wanted to comment, and there were no N
comments.
Commissioner Moodh e asked about the right -in and right -out and showedpage42. He N
said that the access looked narrow and wanted to see safety more than the trees. ,o
Commissioner Moodh e asked about the alley way situation and how it ended up there. y
_
PlannerAkash said that staff was in favorof vacating the alley and the Village was 0
unawareof the alley ownership. Commissioner Moodhe asked about Lot 1 and Lott and 1d
•L
directed attention to page37 of thestaff packet, which is the Plat of Vacation. >
Commissioner Moodh e asked whether the individual PINS were being vacated and being
combined into one. Village PlannerAkash said that there will be PINS consolidated into 3
a.
one as well as the address. Village PlannerAkash said that this portion of the property
was zoned residential and assumed that residential was likely going in. Commissioner N
Moodhe asked about the S-Logo signs and asked whether those were forthe commercial
bay. Mr. Petrich said the auto canopy hasfive signs with channelletters ands -badges
currently. Commissioner Moodhe asked whetherit was absolutely necessary to have the
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channelletters for the CFL. Mr. Petrich said that there were not channelletters there.
rn
Chairman Cesario asked forpacketpage30 and asked whether the billboard sign
removal was agreeable to the petitioner. Mr. Shore said that th e billboard is not O
0
currently on their property. Chairman Cesario asked what the lease terms are. The
petitioner representative did not believe it was a long-term lease. Village PlannerAkash
stated thatshe believes it is a one-yearlease.
Chairman Cesario discussed the accessory structures in existence and that it is not £
changing. He said that he is okay with keeping the variance. Chairman Cesario asked a
about the setbacks and said that this proposal was more setback than there is currently.
_
For the signs, Chairman Cesario states that there is a width issue, but asked for c'
confirmation that the numberof signs is not atypical. Village PlannerAkash agreed. o
Chairman Cesario asked for confirmation on whether landscaping would be the same as a
existing and petitioner indicated that it would. Mr. Schroedtersaid that there will be Q
m
plenty of parking and commissioner gaming will notbe a substantial increase. Chairman
Cesario asked whetherthe access could bemade wide wider. The petitioner(in blue c
shirt) said thatlDOT would determine whetherthe Milwaukee access was wide enough.
O
Javier Milan, 9575 W Higgins Road, mentioned thottheinternalsite can be modified. He N
said that the maximum width withouta median is 35 feet, and a median would be
T
needed if it was greater. Chairman Cesario asked whether traffic study concluded that c
traffic would not materially increase, and the traffic consultant agreed thatit would not. `�
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Commission erSp un tasked whether there was signage specific to truck/auto exit. Mr. cn
Schroedtersaid there are directional signs. 3
_
Commissioner Worlikarasked about entrance on Milwaukee and whether there was
nothing that prohibits a truck from entering at Milwaukee. Mr. Petrish said that the 00
Village Engineer Mr. Monico found that afire truck could enter. He said there are larger
signs which should be visible. w
CommissionerSp un tasked whether the Speedway to the north would stay open, and the
respon dent said that it would. £
Packet Pg. 154
10/6/2021
9.A.d
Chairman Cesario entered the Village Staff Report as Exhibit 1. The PDF was entered as N
Exhibit 2. The video was entered as Exhibit 3. The Speedway color site plan was entered Oa
as Exhibit4. c
N
Nick Paterra from Teska Associates introduced himself on behalf of the lohnsons. Hesaid ,o
thatSpeedway's plan was well -thought out and he asks whetherthere is a good fit to y
c
the property eastof this property. He said that there was not opposition to the use but 2
fewfine tunings that could be broughtforward. The landscape on the eastside tapers to
12 feet as it goes north and there is not much room forlondscape and berming or >
fencing in that width and there is an abundance of vehicular paving where more
landscaping could be added. He suggests landscape mounted fencing that anticipates a 3
a.
future use to the east. Mr. Paterra asks whether the driveway in the northeast corneris S
essential, as if closed off, it would reduce headlights. Mr. Paterra says the fu ture N
residential looks o verforest preserve and should hove buffer. Asforlighting, Mr. Paterra
asks if they could be recessed to reduce offsite glare. He asks whether the videos and
advertisements could be dimmed. He said there is opportunity formoundin g and fencing
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interior to the site on the east site which would not hinder circulation.
rn
Mr. Paterra brought up whether there was parking that accounted forthe gaming that
would be allowed. And he asked whether there was 24 hour operation forall of the us es O
0
and whether there was an opportunityfor dimming between 10pm to 5-6am. Mr.
Paterra asks about indoor dining and whether that will be occurring. For expanded
packaged liquor, will there be bigger cave or expanded alcoholsales. These questions
center on how much additionallate-night activity will be generated by the expanded use. 0
E
Mr. Schroedtersaid that there is currently 24-hourservice. For parking related to a
c
gaming, they do not believe it is significant issue as it is between 10am to 6pm. Business
starts to toperoff after9pm. The representative in the grey shirt said that canopy c'
lighting is recessed, the sign lights are directed and would not glare to the properties. o
Mr. Schroedtersaid that they are close to their minimum standards forcirculation so a
addition al landscaping would not be preferred. He said that the Riverwalk access was a Q
m
relief valve where there are other ways to find in and outfor auto traffic. He could not
c
say that a truck would nevergothere. Chairman Cesarioasked whetherthat drive could
be accessed currently, and Mr. Petrish said that it was. The KLOA representative said
L
that the current access off of Milwaukee will be greatly improved by moving it further
awayfrom the intersection. He said that Riverwalk Drive is a relief valve. N
Chairman Cesario asks whether our existing rules with respect to lighting apply, and staff
0
agreed thatit would. `�
O
CommissionerAu asked to confirm whetherthe uses from the existing business y
operation will remain thesame otherthan the gaming feature. Mr. Schroedtersaid that
a�
the building is bigger, but the improvements are proportional.
A representative from Hamilton Partners who is a partnerin the vacant residential site 00
to the east. He stated that there are semi -trailers that parkon north Riverwalk drive and
that there are some that turnaround on his property. He is concerned about what the w
opening on Riverwalk will do to traffic. He asks whether additional plantings could be };
made on the north side. His venture maintains North Riverwalk Drive, then he suggests d
there should be a cost sharing as to the parkway improvements. s
Mr. Schroedtersaid that Hamilton Partners is familiar with Speedway. He said their use Q
is a cycling use and the trucks utilize Milwaukee. The Hamilton Partners representative
Packet Pg. 155
10/6/2021
9.A.d
asked whetherthe Riverwalk could be right -in -right -out. The Village Engineer mentioned N
that residents seeking to turn left would befrustrated by right -in -right -out and
suggests that a better option is to put a no outlet sign on th e property. o
N
Darcy Tapperis managerof 311 Riverwalk and she also lives there. She said that truckers ,o
pull onto Riverwalk Drive to rest and the Village placed no parking signs there. She said N
c
that tonight a trailer pulled into the residentialcomplex and ruined landscaping. She said °
that trucks try to pull into Riverwalk to try to turnaround and almost hit electrical box.
Commissioner Weinstein said that the Riverwalk curb cut may actually help truck drivers, j
so they do not get lost. s
3
Commissioner Weinstein asked whether the proposed gas station will be better for
Hamilton Partners than the existing gas station. The Hamilton Partners mentioned that c
this is better than the crammed office building but is worried about hours of functions N
within the projectsuch as how long dining and gaming will be open.
Earl Johnson said that one of the key issues is the berm. He said that to the east will be
120-unita artmentcom complex people will be impacted what is
p P p p Y p Y ch
occurring that the speedway gas station.
L
Commissioner Moodh e asked who the tenants are at the office building and said he O
vaguely recalled a trucking company there. The Village Engineer mentioned the three °
business names that appeared on a google map search.
E
Nick Paterra provided a diagram with a green line showing that landscaping could be
c
increased in an area of access paving. That document was entered into the record as
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Exhibit 4. Q
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Chairman Cesario closed the public hearing at 9:05pm. a,
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Commissioner Weinstein made a motion to approve the zoning relief as read onto the o
record, which included removal of the billboard sign subject to the restrictions set forth a
in the lease. The motion was seconded by Commissioner Richards. Q
m
Commissioner Weinstein said he was in favor. Commissioner Moodhe said this proposal =
would make the existing gas station better and the additional access will alleviate some =
of the traffic. Commissioner Au stated that the gas station is becoming a truck stop for it
O
to have gaming not to provide other amenities for truck drivers.
N
Chairman Cesario suggested adding the minutes from the workshop to the record. He
T
said that the usage is like what there is today and adds buffering and landscaping. He N
said that it much cleaner and it involves removal of the billboard. p
RESULT: APPROVED [UNANIMOUS]
AYES: Moodhe, Spunt, Cesario, Khan, Weinstein, Au, Richards, Worlikar
ABSENT: Stephen Goldspiel
Regular Meetina
Other Matters for Discussion
Approval of Minutes
Planning and Zoning Commission - Regular Meeting - Sep 15, 2021 7:30 PM
Packet Pg. 156
10/6/2021
9.A.d
RESULT: ACCEPTED [UNANIMOUS]
AYES: Moodhe, Spunt, Cesario, Khan, Weinstein, Au, Richards, Worlikar
ABSENT: Stephen Goldspiel
Chairman's Resort
Chairman Cesario said the height of the car wash at Ricky Rockets came down based on the
work by the PZC.
Committee and Liaison Reports
Commissioner Khan said that he was at the Village Meetingwith Ricky Rockets on the agenda
and all the trustees were in favor. Commissioner Khan said that the new phase of the
construction on Lake Cook Road will start from Village Hall to Arlington Heights Road. There was
$500,000 from Cook Countyfor Invest in Cook. Phase 1 was not federally funded. The Village
Engineer is looking for additional sources. Once this current construction project is done, which
should be bythis year fora majority, there will be Type A improvement involving patching.
Staff Reoort/Future Aaenda Schedule
Deputy Director of Community Development Woods said permitfee schedule is being
overhauled.
Village PlannerAkash said that on November3, 2021 we will have the 811 SummerCourt
matter. There is also an RV matter that may come up. The October20, 2021 hearing is
tentatively cancelled, and staff will let the PZC knowthe Friday before.
Public Comments and Questions
Adjournment
The meeting was adjourned at 9:25 AM
Chris Stilling
APPROVED BY ME THIS 6th DAY OF October, 2021
Packet Pg. 157
07/21/2021
9.A.e
07/21/2021
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, JULY 21, 2021
Call to Order
The meeting was called to order at 7:30 PM by Chairman Frank Cesario
Public Hearinas/Items For Consideration
Reaular Meetina
Other Matters for Discussion
1. Workshop - Proposed Speedway Expansion at 201 N Milwaukee (Trustee Pike)
(Staff Contact: Brett Robinson)
Village PlannerAkash provided a brief background on the parcel. She noted they
were before the Village Board on June21, and the Village Board was in support
of it.
Mr. Kalischefski, the Architect with Speedway provided detail on the site plan
and referenced to packetpage37 and 42. He discussed trafficflow, fueling
stations, material used for the facility, and landscape.
Com. Spun tasked about truck parking forpeople who wantto go in and play
video gaming.
Mr. Kalischefski pointed to the black line on packet page 37, noting they can pull
forward to allow other trucks to move and fuel.
Mr. Hallick added that truckers are not the ones gaming and don't typically use
the slots. Video gaming is typically popular with residents.
Com. Spuntasked if there wasa curb-cutatRiverwalk.
N
Mr. Kalischefskisaid yes. Left in and out, right in and out.
N
Com. Spun tasked how they will advertise for trucks to let them know they can
0
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stop there.
Mr. Kalischefski said through signage, and signage that says truck entrance and
y
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exit.
Com. Richards thanked them forthe presentation. He wentover the variations
c
they will be coming to them for and asked if there would be additional variations
they will need.
c
Mr. Kalischefskisaid they will be looking fora variation on the numberof signs.
He spoke to size of signs and how they would be broken up.
Com. Richards referenced packet page42.
U
Mr. Kalischefski talked about the breakdown they will have for the public
a
hearing forthe sign.
Village PlannerAkash said staff will review thesigns and lights prior to th "
public hearing.
I Packet Pg. 158
07/21/2021
9.A.e
Com. Au asked about the building they will be taking down and if it would be
displacing any residents.
Mr. Hallick said they are working on termination of tenants.
Com. Au asked if the tenants are being incentivized to stay in BG.
Staff noted they were looking into it.
Com Au asked if they are meeting all otherstandards fora truckstop.
Mr. Hallick said yes.
Com. Au asked about the landscape plan, and if that is how it is going to look.
Mr. Kalischefskisaid yes and the landscape was picked to withhold salt and
otherconditions experienced in Illinois.
Com. Au asked if speedway was going to be maintaining the landscape.
Mr. Hallick said they will take care of it via a contract.
Com Au commented on the style of the building and noted the building style in
thatarea was more modern then their planned development. She asked why
they were going with standard brown.
Mr. Kalischefskisaid they went with the brown to sensitive to the community
across the street.
Mr. Hallick commented on the standards they keep store to store. He noted by
keeping the some style passerby's know it as a speedway facility.
Com. Khan asked if they will have a full traffic impact report.
Mr. Kalischefskisaid yes they will include thefinal report.
Com. Khan asked if they know thatlDOTmaintains that road.
Mr. Kalischefskisaid yes.
a
Com. Khan asked if there is written approval and if IDOT liked their plan.
d
Mr. Kalischefskisaid they have an email with no concerns.
a
Com. Khan asked about increased traffic.
O
Mr. Kalischefski said with the initial studies, traffic would increase by 1%.
N
Com. Khan asked if they were footaccess points.
N
N
Mr. Kalischefskisaid no, and continued to talk about the access points on packet
O
page 37.
y
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Com. Moodhe asked about the distance from the sidewalk to the pump.
c
Mr. Kalischefskisaid typically it is 40 feet. He explained the center of the
o
dispenser is between 65 feet and 62 feet which allows cars to go around two-
way traffic.
o
Com. Moodhe asked about the two gray pavements on packet page 37.
Mr. Kalischefskisaidthey have differentsupportforvehicles.
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£
Com. Moodhe asked where the tanks are now and where they will be.
s
Mr. Kalischefski provided detail on the tanks new position. He referenced packet
a
page 37.
Com. Moodhe asked if they will be putting more landscape than shown.
Packet Pg. 159
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9.A.e
Mr. Kalischefski said will be placing it more strategically and have a more
enhanced landscape plan for thefinalhearing.
Com. Moodheasked how long the building would be shutdown.
Mr. Hallick said they will try to keep it operating as long as possible.
Mr. Kalischefski provided additional detail on the closure of the store.
Com. Moodhe asked how many dispensers there were going to be.
Mr. Hallick said 6 dispensers to 10
Com. Moodhe asked about diesol dispensers.
Mr. Hallick said 4 to 2
Com. Moodhe asked if there will be any communication to keep the rumors at
bay regarding the development.
Mr. Hallick said they feel the pain as calling it a truckstop.
Com. Goldspiel asked if they will have any charging stations.
Mr. Hallick said no, but they have investigated it.
Com. Goldspiel asked about then umber of gaming stations.
Mr. Hallick spoke briefly about the setup of the gaming stations.
Com. Weinstein commented on the existing building and believes this will be an
upgrade in facility. He commented on the proposal stating that it looks like a
pretty good proposal and hopes the landscape looks like the proposal does.
Com. Spuntspoke more about carcharging stations and told them it is
something to think about it.
Mr. Hallick thanked them foryourrecommendation.
Chairperson Cesario made a clarification on video gaming at the new Speedway
Village Attorney erankin said the topic fair game for workshop butnotreally for
the public hearing.
Com. Moodhe commented on the landscape plan. He recommended they
coordinate with village arborists forlandscape.
Mr. Kalischefski and Mr. Hallick thanked him forhis recommendation.
Chairperson Cesario said it is a nicer fueling center and spoke in favor of the
petition.
RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS]
AYES: Moodhe, Spunt, Cesario, Goldspiel, Khan, Weinstein, Au, Richards
ABSENT: Neil Worlikar
Approval of Minutes
1. Planning and Zoning Commission - Regular Meeting - Jun 16, 2021 7:30 PM
RESULT: ACCEPTED AS AMENDED [UNANIMOUS]
AYES: Moodhe, Spunt, Cesario, Goldspiel, Khan, Weinstein, Au, Richards
ABSENT: Neil Worlikar
Chairman's Report
a
Committee and Liaison Reports
Commissioner's provided reports from the past Village Board meetings as it pertained tot Packet Pg. 160
9.A.e
07/21/2021
Planning and Zoning Commission.
Staff Report/Future Aaenda Schedule n
N
06
Village Planner Akash provided the commissioners with items they will begin to see in the near
future.
Public Comments and Questions
Adjournment
The meeting was adjourned at 9:11 PM
Chris Stilling
APPROVED BY ME THIS 21st DAY OF July , 2021
Packet Pg. 161
9.B
Ordinance No. 0-2021-77 : Ordinance Approving a Termination of
the Assignment and Assumption Agreement of the Annexation
Agreement and Development Improvement Agreement for the Link
Crossing Development
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval, subject to the final review and approval of the Village Attorney.
In July 2019, the Village Board approved two Assignment and Assumption Agreements with K Hovnanian
Homes (KHOV) and their new investor CDCG as a Land Bank investor. Staff has been informed by
KHOV that they (KHOV) have re -acquired all the land back from CDCG. Therefore, a termination of the
assignment and assumption of the Annexation Agreement and Development Improvement Agreement are
required since CDCG is no longer involved in the project.
ATTACHMENTS:
• BOT Memo (DOCX)
• Ordinance (RTF)
• Exhibit A- Revocation and Termination of Assignment of Development Improvement
Assignment (PDF)
• Exhibit B- Revocation and Termination of Assignment of Annexation Agreement(PDF)
Trustee Liaison
Pike
Monday, October 18, 2021
Staff Contact
Chris Stilling, Community Development
Updated: 10/18/2021 8:51 AM
Page 1
Packet Pg. 162
9.B.a
VILLAGE OF
BUFFALO GRONT
DATE: October 18, 2021
TO: Dane Bragg, Village Manager
FROM: Christopher Stilling, Deputy Village Manager
SUBJECT: Termination of an Assignment & Assumption Agreements
Rarkr,Rn1 Wn
On January 22, 2019, the Village Board approved the final plat of subdivision and the Development
Improvement Agreement (DIA) for the Link Crossing subdivision. The approved plan consists of 68
clustered single-family detached homes and 119 2-story townhomes for a total of 187 units.
Subsequent to the approvals, KHov purchased the property and submitted all the required
documentation including securities to begin construction.
In July 2019, the Village Board approved two Assignment and Assumption Agreements with K
Hovnanian Homes (KHOV) and their new investor CDCG as a "Land Bank" investor. Staff has been
informed by KHOV that they (KHOV) have re -acquired all the land back from CDCG. Therefore, a
termination of the assignment and assumption of the Annexation Agreement and Development
Improvement Agreement are required since CDCG is no longer involved in the project.
Attached for the Board's consideration are two termination agreements with KHOV. The attached
agreements have been reviewed by the Village Attorney and ensures that KHov assumes all the
obligations under Ordinance 2018-004 (annexation Agreement) as well as the DIA.
It should be noted that KHOV has entered into an agreement with M/I homes who will be
constructing the remaining 61 townhome units in Phase 3. M/I Homes plans to use the originally
approved plans from KHOV, thus the appearance of the development will remain unchanged.
Pursuant to the Annexation Agreement, the assignment to M/I Homes can be done
administratively by the Village Manager. This assignment will not occur until after the Board
authorizes the termination agreements.
RECOMMENDATION
Staff recommends that the Village Board approve an Ordinance approving a termination of the
Assignment and Assumption Agreement of the Annexation Agreement and DIA for the Link
Crossing Development, subject to the final review and approval of the Village Attorney.
Page 1 of 1
Packet Pg. 163
9.B.b
ORDINANCE NO. 2021—
AN ORDINANCE APPROVING A TERMINATION OF THE ASSIGNMENT AND ASSUMPTION OF THE ANNEXATION
AGREEMENT AND DEVELOPMENT IMPROVEMENT AGREEMENT
WHEREAS, the Village of Buffalo Grove ("Village") is a Home Rule Unit pursuant to the Illinois
Constitution of 1970 and;
WHEREAS, on January 22, 2018, the Village Board approved an Annexation Agreement as Ordinance
2018-004 for K. Hovnanian at Link Crossing LLC, an Illinois limited liability company ("K. Hov"), formerly
known as K. Hovnanian at Link Farm LLC for the Link Crossing Development for the Property commonly
referred to as 16802 W Aptakisic Road ("Property') and;
WHEREAS, K. Hov closed and acquired the Property on March 29, 2019 and;
WHEREAS, on July 15, 2019, the Village approved an assignment and assumption agreement for the
annexation agreement and development improvement agreement by and between K. Hov, as Seller and
CDCG, as Purchaser in which K. Hov is selling the Property to CDCG 4 Hov 2 L.P., a Delaware limited
partnership ("CDCG"), and;
WHEREAS, K. Hov has reacquired all the property from CDCG and will assume all obligations outlined in
the Annexation Agreement and Development Improvement Agreement subject to the terms and conditions
outlined in the Termination of the Assignment and Assumption Agreements attached as Exhibit A and Exhibit B;
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
BUFFALO GROVE, COUNTIES OF COOK AND LAKE, STATE OF ILLINOIS, that the Village President and Village Clerk
are hereby authorized and directed to execute the Termination of the Assignment and Assumption Agreement
of the Annexation Agreement and Development Improvement Agreement for the Link Crossing Development,
subject to the final review and approval of the Village Attorney, a copy of said Agreements being attached hereto
and being made a part hereof.
APPROVED this 181" day of October 2021, by a roll call vote as follows:
AYES:
NAYS:
ABSENT:
PASSED:
APPROVED:
ATTEST:
Village Clerk
APPROVED:
Beverly Sussman, Village President
Packet Pg. 164
9.B.b
Exhibit A
TERMINATION OF THE ASSIGNMENT AND ASSUMPTION OF THE DEVELOPMENT IMPROVEMENT AGREEMENT
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Packet Pg. 165
9.B.b
Exhibit B
TERMINATION OF THE ASSIGNMENT AND ASSUMPTION OF THE ANNEXATION AGREEMENT
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Prepared by and after
recording return to:
Deborah T. Haddad
Haddad Law Firm LLC
300 Knightsbridge Parkway
Suite 121
Lincolnshire, IL 60069
REVOCATION AND TERMINATION OF ASSIGNMENT AND ASSUMPTION OF
DEVELOPMENT IMPROVEMENT AGREEMENT FOR
LINK CROSSING BUFFALO GROVE
WHEREAS, K. Hovnanian at Link Crossing, LLC, an Illinois limited liability
company ("K. Hov") and CDCG 4 Hov 2 L.P., a Delaware limited partnership ("CDCG")
and the Village of Buffalo Grove ("Village") executed an Assignment and Assumption of
Development Improvement Agreement recorded with the Lake County Recorder on July 24,
2019 as Document 7578679 ("Assignment");
WHEREAS, K. Hov entered into that certain Link Crossing Phase lA and 1B
Development Improvement Agreement for the property legally described on Exhibit A
("Property") commonly known as Link Crossing, Buffalo Grove, Illinois, dated as of January
22, 2019 with the Village regarding certain rights and obligations of K. Hov to develop and
improve the Property ("Development Improvement Agreement").
WHEREAS, K. Hov closed and acquired fee title ownership of the Property on March
29, 2019.
WHEREAS, K. Hov, as Seller, and CDCG, as Purchaser, conveyed the Property to
CDCG.
WHEREAS, the Village approved the Assignment to CDCG of all of the respective
rights and obligations ("Interests") K. Hov owned or held as Developer and owner of the
Property pursuant to the Development Improvement Agreement.
WHEREAS, CDCG sold and conveyed the Property to K. Hov and CDCG does not
own any portion of the Property that is the subject of the Development Improvement
Agreement.
WHEREAS, K. Hov, CDCG, the Village and Hovnanian Enterprises, Inc. hereby each
represent and warrant that the person signing this Revocation and Termination and/or the
Consent attached hereto is duly authorized to execute and deliver this Revocation and
Termination and/or Consent on behalf of such party, and that this Revocation and
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Termination and/or Consent is binding upon the applicable party.
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NOW THEREFORE, the Assignment and Assumption of the Development o
Improvement Agreement to CDCG is hereby revocated and terminated in perpetuity and zi
CDCG relinquishes all Interests under the Assignment and Assumption of the Development O
Improvement Agreement and K. Hov hereby reaffirms the obligations of K. Hov set forth in
the Development Improvement Agreement. The Village consents to the revocation and
termination of the Assignment and Assumption of the Development Improvement 40
Agreement as set forth herein. p
[Remainder of this page is intentionally blank — signature page follows]
Packet Pg. 168
IN WITNESS WHEREOF CDCG hereby revokes and terminates the Assignment
and Assumption of the Development Improvement Agreement and relinquishes all
Interests under the Assignment and Assumption of the Development Improvement U
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Agreement.
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CDCG 4 Hov 2 L.P., a Delaware limited Q C*4
partnership By: CDC (V* Asset Management, Cv
LLC, an Arizona limited liability company, its 0
authorized agent
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Name: Steven Benson
Title: Its Manager
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STATE OF ARIZONA
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COUNTY OF MARICOPA) E
' j el 4.6 C- a notary pLiblic in and for the said County, in the State
bresaj - -;�� IFY t
af D lE;R1Zfi C hat Steven Benson, Manager of CDC(J As
Management, LLC, an Arizona limited liability company, authorized agent of CDCG 4
whose
amhnstru
ly nowte same pesonarne is st4bscribed tort he foregoinment,appeared before me thiy inperson, and acknowledged that he signed, sealed and delivered the said instrtanent as his
pee and voltintary act, for the uses and purposes therein set forth.
Given under my hand and official sea], this _4_ day Of 2021.
Packet Pg. 169
9.B,c
GNME
The Village of Buffalo Grove hereby consents to the above and foregoing revocation
and termination of the Assignment and Assumption of the Development Improvement
Agreement to CDCG.
VILLAGE OF BUFFALO GROVE,
an Illinois municipal corporation
By:
Name:
Title: Village Manager
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
ww.._............. -n a notary public in and for the said County, in the
State aforesaid, DO HEREBY CERTIFY that ............mw .. Village Manager of
VILLAGE OF BUFFALO GROVE, an Illinois municipal corporation, personally
known to me to be the same person whose name is subscribed to the foregoing instrument,
appeared before me this day in person, and acknowledged that he signed, sealed and
delivered the said instrument as his free and voluntary act, for the uses and purposes therein
set forth.
Given under my hand and official seal, this day of _... 2021.
.......... _.... ..... ................
Notary Public
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9.B,c
CONSENT TO EVOCATiO AD EX
M' FNATiON O
ASSIGNMENT O.i" ..I)E"'�"T��LOPM.l N' i:[MMOVEMENT AG EASE '1'
K. Hov hereby consents to the revocation and termination of the ,Assignment
and Assumption of the Development Improvement Agreement to CDCG and
hereby reaffirms the obligations of K. Hov set forth in the Development
Improvement Agreement.
K. Hov:
K. Hovnanian at Link Crossing, LLC,
an Illinois limited liability compaM.
By: ,
Name:
Title:
STATE OF ILLINOIS )
) SS
COUNTY OF DUPAGE )
1, 1 Cl , a notary public, in and for the said County, in the
State aforesaid, DO HEREBY CERTIFY that �! _ of K.
Hovnanian. at Link Crossing, LLC, an Illinois limited liability company, personally
known to me to be the same person whose name is subscribed to the foregoing instrument,
appeared before me this day in person, and acknowledged that he signed, sealed and
deliveredthe said instrument as his free and voluntary act, for the uses and purposes therein
set forth.
Given under my hand and official seal, this 1?rday cl , 2021.
Notary ` ulalic
OFFICIAL SEAL
OANIELLE MARCHESE
LNWOTARY PUB! IC - STATE OF ILLiN015
COMMISSION EXPIRES:01/23/22
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CONSENT TO REVOCATION AND TERMINATION OF
ASSIGNMENT OF DEVELOPMENT IMPROVEMENT AGREEMENT BY 72
HOVNANIAN ENTERPRISES, INC.
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The undersigned, as an authorized agent of and on behalf of Hovnanian Enterprises, cQ
Inc., a Delaware corporation ("Hovnanian Enterprises"), as the owner, directly or O
indirectly of K. Hovnanian at Link Crossing LLC, an Illinois limited liability company ("K.
Hov"), hereby consents to and approves of the foregoing execution of the Revocation and 0
Termination of the Assignment of Development Improvement Agreement to CDCG. a„
Hovnanian Enterprises, Inc.,
a Delaware corporation
BY-,.
Name: Taranr� ._
Title:
STATE OF MM-_.�t`a
) SS
COUNTY OF _..._.'.......... v '')
w wwwwwwww a notary public in and liar the said County, in the
State aforesaid, DO HEREBY C"11 M`11 Y that i...�_ffi.' #�of
Hovnanian Enterprises, Inc., a Delaware corporation, personally known to me to be the
same person whose name is subscribed to the foregoing instrument, appeared before me
this day inperson, and acknowledged that he signed, sealed and delivered the said instrument
as his free and voluntary act, for the uses and purposes therein set forth.
Given under my hand and official seal this day of 2021.
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Notary Publi'
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Packet Pg. 172
9.B,c
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EXHIBIT A
72
Legal Description of the 'Ire e . r o
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KNOWN AS: LINK CROSSING, BEING A SUBDIVISION OF PART OF THE o
SOUTHWEST % OF SECTION 21, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN, LAKE COUNTY, ILLINOIS, BUFFALO GROVE, 0
ILLINOIS ACCORDING TO THE PLAT THEREOF RECORDED IN LAKE COUNTY ON
JULY 25, 2019 AS DOCUMENT 7579220. cu
PERMANENT INDEX NUMBER: 15-21-300-026-0000
AREA= 50 ACRES
7
Packet Pg. 173
Prepared by and after
recording return to:
Deborah T. Haddad
Haddad Law Firm LLC
300 Knightsbridge Parkway
Suite 121
Lincolnshire, IL 60069
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REVOCATION AND TERMINATION OF ASSIGNMENT AND ASSUMPTION OF N
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ANNEXATION AGREEMENT FOR LINK CROSSING BUFFALO i GROVE
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WHEREAS, K. Hovnanian at Link Crossing, LLC, an Illinois limited liability
company and CDCG 4 Hov 2 L.P., a Delaware limited partnership ("CDCG") and the
Village of Buffalo Grove ("Village") executed an Assignment and Assumption of
o
Annexation Agreement recorded with the Lake County Recorder on July 24, 2019 as
Document 7578678 ("Assignment");
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WHEREAS, K. Hovnanian at Link Farm, LLC, now known as K. Hovnanian at Link
Crossing, LLC ("K. Hov"), entered into that certain Annexation Agreement for the property
01
legally described on Exhibit A ("Property") commonly known as Link Crossing, Buffalo
Grove, Illinois, dated as of January 22, 2018, by and between K. Hov as Developer, the
Village and various individual then owners of the Property recorded with the Lake County"'
Recorder on May 16, 2018 as Document No. 2018-7483977, (the "Annexation Agreement").
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WHEREAS, K. Hov closed and acquired fee title ownership of the Property on March
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29, 2019.
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WHEREAS, K. Hov, as Seller, and CDCG, as Purchaser, conveyed the Property to
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CDCG.
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WHEREAS, the Village approved the Assignment to CDCG of all of the respective
interests and obligations ("Interests") K. Hov owned or held as Developer and owner of the
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Property pursuant to the Annexation Agreement.
WHEREAS, CDCG sold and conveyed the Property to K. Hov and CDCG does not
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own any portion of the Property that is the subject of the Annexation Agreement.
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WHEREAS, K. Hov, CDCG, the Village and Hovnanian Enterprises, Inc. hereby each
represent and warrant that the person signing this Revocation and Termination and/or the
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Consent attached hereto is duly authorized to execute and deliver this Revocation and
Termination and/or Consent on behalf of such party, and that this Revocation and
E
Termination and/or Consent is binding upon the applicable party.
NOW THEREFORE, the Assignment and Assumption of the Annexation Agreement
Packet Pg. 174
9.B,d
to CDCG is hereby revocated and terminated in perpetuity and CDCG relinquishes all
Interests under the Assignment and Assumption of the Annexation Agreement and K. Hov
hereby reaffirms the obligations of K. Hov set forth in the Annexation Agreement. The
Village consents to the revocation and termination of the Assignment and Assumption of the
Annexation Agreement as set forth herein. Hovnanian Enterprises, Inc. consents to the
Revocation and Termination of the Assignment and Assumption of the Annexation
Agreement as set forth herein.
IN WITNESS WHEREOF CDCG hereby revokes and terminates the Assignment
and Assumption of the Annexation Agreement and relinquishes all Interests under the
Assignment and Assumption of the Annexation Agreement.
CDCG 4 Hov 2 L.P., a Delaware limited
partnership By: CDCG Asset Management,
LLC, an Arizona limited liability company, its
authorized agent
Name: Steven Benson
Title: Its Manager
STATE OF ARIZONA )
) SS
COUNTY OF MARICOPA )
l w_.....0 y p . County, in the State
r��� � , a �'�c�tar° public in and for the sa�cl
aforesaid, ' " at Steven B f CDCG As1Vianag�.rnet�t 1.1f � °�I«a1TIY tl�, ri�zona limited liability company, authoriz d agent of t:,DCG 4��Benson, Manager o
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hose na��� �� subscribed �t�ac� partnership, personally known to nee to be tlrc� saane person
i he foregoing instrument, appeared before inn this day in
persona, and acknowledged that he signed, sealed and delivered the said inst'nonent as his
tree and voluntary act,, for the uses and purposes therein set forth.
Given under my hand and official seal, this 11 _day of _.. ..b 2021.
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Packet Pg. 175
9.B,d
CONSENT TO REVOCATION AND TERMINATION OF ASSIGNMENT OF
ANNEXATION AGREEMENT
The Village of Buffalo Grove hereby consents to the above and foregoing revocation
and termination of the Assignment and Assumption of the Annexation Agreement.
VILLAGE OF BUFFALO GROVE,
an Illinois municipal corporation
At
Name:
Title: Village ge Manager
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
a notary public in and for the said County, in the
State aforesaid, DO HEREBY CERTIFY that , Village Manager of
VILLAGE OF BUFFALO GROVE, an Illinois municipal corporation, personally
known to me to be the same person whose name is subscribed to the foregoing instrument,
appeared before me this day in person, and acknowledged that he signed, sealed and
deliveredthe said instrument as his free and voluntary act, for the uses and purposes therein
set forth.
Given under my hand and official seal, this day of ww m , 2021.
otary Public
Packet Pg. 176
9.B,d
RE V (:1►(
'NT OF
TION A
Ci7
K. Hov hereby consents to the revocation and termination of the Assignment and
Assumption of the Annexation Agreement to CDCG and hereby reaffirms the obligations of K.
Hov set forth in the Annexation Agreement.
STATE OF ILLINOIS )
) SS
COUNTY OF DUPAGE )
K. Hov:
K. Hovnanian at Link Crossing, LLC,
an Illinois limited liability company
By: _/"
Title:
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CtM mm , a tcrtaty pul ►l is turd for the said County, in the
State aforesaid, DO HEREBY CERTIFY that ,v i'n w of K.
Hovnanian at Link Crossing, LLC, an Illinois limited liability company, personally c
known to me to be the same person whose name is subscribed to the foregoing instrument, .
appeared before me this day in person, and acknowledged that he signed, sealed and a
delivered the said instrument as his free and voluntary act, for the uses and purposes therein
set forth. Q
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Given under my hand and official seal, this day o�_..,to. , 2021.
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9.B,d
The undersigned, as an authorized agent of and on behalf of Hovnanian Enterprises,
Inc., a Delaware corporation ("Hovnanian Enterprises"), as the owner, directly or indirectly
of K. Hovnanian at Link Crossing LLC, an Illinois limited liability company ("K. Hov"),
hereby consents to and approves of the foregoing execution of the Revocation and Termination
of the Assignment of Annexation Agreement.
Hovnanian Enterprises, Inc.,
a Delaware corporation
7
Name: 5rad,0!C0na0r_........_ ......
Title: vice Prelderat
STATE OF
SS
COUNTY OF,�iW
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a notary ury pbllin and tier the said County, in the_. . .
State aforesaid, DO HEREBY CERTIFY that _. ,>Y A.0 .(Aplk:ylll....�.._. of
Hovnanian Enterprises, Inc., a Delaware corporation, personally known to me to be the
same person whose name is subscribed to the foregoing instrument, appeared before me
this day inperson, and acknowledged that he signed, sealed and delivered the said instrument
as his free and voluntary act, for the uses and purposes therein set forth.
Given under my hand and official seal, this M'a oi 2021.y _ ,
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6it ......
Notary Public
�pmppYv / k �ryry'�
Packet Pg. 178
9.B,d
EXHIBIT A
Incga1 Description cription of the 'Pro r!
KNOWN AS: LINK CROSSING, BEING A SUBDIVISION OF PART OF THE
SOUTHWEST Ufa OF SECTION 21, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE
THIRD PRINCIPAL MERIDIAN, LAKE COUNTY, ILLINOIS, BUFFALO GROVE,
ILLINOIS ACCORDING TO THE PLAT THEREOF RECORDED IN LAKE COUNTY ON
JULY 25, 2019 AS DOCUMENT 7579220.
PERMANENT INDEX NUMBER: 15-21-300-026-0000
AREA= 50 ACRES
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Packet Pg. 179
9.0
Ordinance No. 0-2021-73 : Ordinance Amending Title 1.16 of the
Village Code as it Relates to Planning and Zoning Commission Fees
and Permit Fees
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Staff recommends approval of the attached Ordinance.
In an effort improve the permit fees and processes, staff has evaluated the permit fee schedule, which
has not changed in the past 10 years. Through analysis of our program and comparison to surrounding
communities and past fees, staff is recommending a new, simpler, and development -friendly fee schedule
and structure that does not dramatically deviate from the fees currently charged. The attached
memorandum provides further details.
ATTACHMENTS:
• BOT Memo Fee Schedule Title 1.16 (DOCX)
• Ordinance - Amendment to Fee Schedule Title 1.16 (DOCX)
Trustee Liaison Staff Contact
Johnson Nicole Woods, Community Development
Monday, October 18, 2021
Updated: 10/6/2021 11:29 PM Page 1
Packet Pg. 180
9.C.a
MEMORANDUM
DATE: October 14, 2021
TO: President Beverly Sussman and Trustees
FROM: Nicole Woods, Deputy Director of Community Development
Jessie Brown, Administrative Services Manager / Assistant Village Clerk
SUBJECT: Amendment to Fee Schedule (Title 1.16) as it relates to Planning and Zoning Commission
fees and permit fees.
Background
Staff has extensively researched and developed anew permit fee structure. The permit fee schedule has
not been updated in over 10 years, and the department's shift to a new ERP software has prompted this
evaluation. Building permit fee restructuring is also an action step laid out in the Village's Strategic Plan
(as shown in the 2021 Budget) as well as the Economic Development Strategic Plan. This memo outlines
the proposed permit fee adjustments as well as slight modifications to the Planning and Zoning
Commission fee schedule, which will also be incorporated into the new ERP software.
Building permits have and continue to be an important service provided by the Community
Development Department. From 2016-2020, the Village averaged approximately 2,600 building permits
per year, approximately 80% of which are for residential projects and 20% are for commercial projects.
The projects have a total annual average valuation of approximately $56 million and generated an
average of approximately $1.14 million per year in building permit fees for the Village. The quantity of
total permits, project values, and generated fees generally fluctuate from year to year and largely depend
on market, economic, and other external conditions and factors.
Current Fee Structure
The Village's current building fee structure and pricing has been in place for over 10 years. Under this
structure, staff reviews construction plans and then searches through the approximately 100 listed
building permit fees in the Village Code Fee Schedule to determine which ones are applicable based
upon square footage; valuation of the improvement, project type, scope (ie number of closed circuits,
feeder circuits, plumbing fixtures, etc) and/or project's complexity (ie multi -trade permit vs single -
trade). This complex system is challenging and problematic. Furthermore, the fee structure is not clear
or transparent making it difficult for contractors, businesses, or homeowners to understand, thereby
putting the responsibility on Village staff for calculation and explanation.
Page 1 of 12
Packet Pg. 181
9.C.a
Proposed Fee Structure
After researching over twenty municipalities and their permit fees, staff found three communities
(Lombard, Palatine, and Mount Prospect) who had permit fee structures that were standardized,
transparent, and recently updated. As these structures were efficient, simple, and able to be supported
and automated by an ERP, staff looked at these models for guidance.
In addition to efficiency and simplicity, staff also developed the presented fee schedule to be aligned
with the costs of service, comparable communities, and the Village's existing fees and revenues.
Appendix A provides a list all permit fees and their existing fee, proposed calculation,
proposed/projected fee, and the delta between the existing and proposed fee.
All of the proposed building permit fees are calculated in one of the following three ways:
1) Flat Fee
2) Based upon a percent of valuation
3) Tiered Calculation
Flat Fee
Staff is recommending that most of the straightforward permits become flat fees. For residential projects
this includes roofs, sheds, decks, windows and patios. For commercial projects, this would include roof
top unit replacements, generators, lawn sprinklers, temporary trailers, and signs.
Based upon a percent of valuation
Staff is also proposing that some of the permit fees will be based upon a percent of valuation of submitted
valuation or ICC calculation, whichever is higher. Residential projects falling under this category include
footing and foundation and conditioned additions. (Remodels are only based upon submitted
valuation). For commercial projects this would include but is not exclusive to demolition, electrical,
footing and foundation, and plumbing improvements.
Tiered Calculation
A tired calculation structure is suggested for the more complex projects. Similar to the above, this
calculation is also based upon a percent of valuation of whichever is higher: submitted valuation or ICC
calculation. Residential permits under this category are solely new construction and will utilize the
following calculation:
Residential:
1.75% of Valuation up to $500,000
plus 1% of Valuation $500,001 - $10 mil
plus 0.5% of Valuation over $10 mil
($500 minimum)
Commercial permits include additions, new projects, and remodels. (Remodels are only based upon
submitted valuation). The proposed structure is below:
Commercial:
2% of Valuation up to $500,000
plus 1.25% of Valuation over $500,000
($500 minimum)
Page 2 of 12
Packet Pg. 182
9.C.a
Although these calculations differ, as shown on the table in Appendix A, their generated fees resulting
from each of these calculations closely match to the average fees currently generated utilizing the
existing fee schedule.
New Permits and Other Related Modifications
As shown in Appendix A, Staff is also recommending the following new permit types: Solar Panel, Radon
Mitigation, and Sewer Repair. Currently these projects are permitted under the broader permits.
Establishing the new permits types will greatly simplify the process and result in more accurate records
of improvement counts and types.
Other modifications include slightly adjusting the other or miscellaneous inspections/reinspection fee,
permit cancellation fee, and absentee or inspection cancellation fee. These adjustments have been
altered to be more in line with services provided, however are not burdensome on the contractor or
property owner. Furthermore, the contractor, subcontractor, or construction manager annual fee has
been streamlined and simplified for ease. Another modification is to define permit expirations based on
permit and project type. Currently, the Village utilizes the ICC code's vague recommendations for
expiration timeframes. In alignment with other municipalities, staff is proposing to have clear, definitive
timeframes for when permits expire, which will range from 90 days to 12 months depending the
projects' complexity. To accompany this timeframe, staff is also proposing a permit extension fee, which
grants a permit extension by half of the original timeframe for half the fee. All of these new permits and
related fee modifications are featured in Appendix A.
Planning and Zoning Commission Fees
Accompanying building permit fee modifications are recommendations to streamline Planning and
Zoning Commission Fees. Appendix B presents a comprehensive view of the existing and proposed
changes as it relates to Community Development. All modifications are minor and allow the fees to be
concise and transparent compared to what is currently offered. Staff feels even with these slight
modifications, the proposed fees are not onerous to the Village or petitioners.
Revised Planning and Zoning Fee Schedule
Request
Proposed Fee
One and two-family dwellings Variations
$125
All multiple family dwellings Variations
$175
All business, office research and industrial buildings —Variations
$175
Planning Unit Development PUD Amendment
$100
Planning Unit Development PUD New Development
$200
Rezoning or variation if not part of a petition forspecial use or PUD
$200
Zoning text amendment
$100
Conce t reh mi nary plan review
$150
Special Use in Residential District RE-R7
$100
Special Use in all other districts
$200
Development Ordinance Variation for residential property
$125
Appeal to the Building Commissioner
$175
Page 3 of 12
Packet Pg. 183
9.C.a
Key Outcomes
The following are key outcomes of implementing the proposed building permit fees.
D evelopment-Friendly
The standardization, transparency and simplification of the proposed fee structures will enhance clarity
and predictability for developers, contractors, homeowners, and businesses, especially as our customers
will be utilizing the online platform. The public will be able to view, calculate, and understand permit
costs prior to permit issuance.
Minimum Financial Impact for Residents, Businesses and Village
A key outcome of this proposal is ensuring that all new permit fees are reasonable and are not financially
onerous to property owners, developers, businesses, and residents. To achieve this goal, staff aligned
the fees with the costs of service, comparable communities, and the Village's existing fees and revenues.
As shown in Appendix A, some fees have slightly fluctuated, but overall they have not dramatically
deviated from the fees that have been in place for ten years.
In a similar light, staff has also estimated that the fee modifications would have negligible effect on
building permit fee revenues.
Enhanced Management of Fees and Fee Revenues
The new fee structures will allow staff to better predict and compare its revenues year-to-year as well
as monitor, evaluate and modify any permit changes as needed. Furthermore, the flat fees allow for the
Village to develop annual escalators or a comparable structure to adjust for inflation.
Increased Staff Efficiency
The proposed structure will allow permits to be more standardized and streamlined so that it can be
priced quicker and by a wider audience whether that is staff, contractors, or homeowners, thereby
increasing staff efficiency. Finally, new permits and clearly defined expiration dates will allow for more
automated communications and less manual follow-up.
Action Requested
Staff recommends that the Village Board approve an Ordinance amending the Fee Schedule (Title 1.16)
as it relates to Planning and Zoning Commission fees and permit fees.
Page 4 of 12
Packet Pg. 184
9.C.a
Appendix A
Permit Type
Proposed,
Existin Fee
Delta
Calculations'
Feu/Projected `
Fee/Avg Fee
In ea e P t ct-ea. t
/
Fe
from Existing Fey;
Accessory Structure
Residential
Flat
$100
$87
$13
Detached Garage
Flat
$400
$387
$13
Cell Tower Modification
Flat
$200
$203
-$3
Temp Trailer
Flat
$400
$271
$129
Non Residential
Flat
$200
$107
$93
Addition Non -Residential
2% of Valuation up to $500,000
Addition Non -Residential
plus 1.25% of Valuation over
$37,512
$31,562
s
$,..,,9
$500,000
.J,..,0
$500 minimum
Addition Residential
Covered Porch
Flat
$200
$283
Unconditioned Sunroom
Flat
$500
$566
$r
1.75% of Valuation
Conditioned Addition
$200 min
$1,526
$1,7762Gp1.�
Air conditioner
Residential each
Flat
$65
$50
$1.5
Basement4
Residential Basement
$785
Remodel - Minor
Flat
$300
$41G
Residential Basement
$785
Remodel - Intermediate
Flat
$750
Residential Basement
$785
Remodel - Major
Flat
$1,000
$215
Demolition of Structure
Residential
Flat
$150
$186
$33
1.75% of Valuation
Non Residential
$200 min
$2,262
$1,571
$691
Driveway / Apron
$100
$100
Residential
Flat
(includes $50
(includes $50
for
for
Engineering)
Engineering)
$0
Electric Residential
Electric Residential
Flat
$100
$84
$1.6
1.75% of Valuation
Electric Non -Residential
$100 min
$224
$167
$57
Elevator modification
Modification
Flat
$300
$300
$0
New
Flat
$300
$300
$0
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Page 5 of 12
Packet Pg. 185
9.C.a
Footing and Foundation
Residential
1.5% of Valuation ($400 min)
$1,031
$899
$132
Non -Residential
1.5% of Valuation $400 min
$1,266
$832
$434
Fence
Residential
Flat
$85
$39
$46
Fire / Water damage repair4
Residential - Minor
Flat
$500
$1,050
$550
Residential - Interm
Flat
$1,200
$1,050
-$1 150
Residential - Major
Flat
$2,500
$1,050
$1,450
Non Residential
1.75% of Valuation
$175
$290
Kl 11
($500 min)
Foundation Repair
Residential
Flat
$200
$432
G i2
1.75% of Valuation
Non Residential
$200 min
NA5
NAS
Furnace
Residential each
Flat
$65
$50
$15
Generator
Residential
Flat
$200
$337
37
Non Residential
Flat
$400
$252
$148
Interior Demolition
1.75% of Valuation
Non Residential
($200 min)
$2,262
$1,571
$691
Residential
Flat
$150
$186
$36
Lawn Sprinkler
Single Family Residential
Flat
$200
$227
Multi-Family/Townhomes
Flat
$400
$400
$0
Non Residential
Flat
$500
$543
$4:
Low Voltage
Residential
Flat
$100
$94
$6
Non Residential
Flat
$100
$56
$44
Low Voltage w/Card
Access
Flat
$200
$213
$1,11
Mechanical Non -Residential
RTU Replacement (each)
Flat
$100
$100
$0
Non Residential
1.75% of Valuation
Mechanical
$100 min
$129
$213
$14
Mechanical Residential
RTU Replacement (each)
Flat
$100
$100
$0
Mechanical Residential
Flat
$100
$127
$27
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Page 6 of 12
Packet Pg. 186
9.C.a
New Construction
2% of Valuation up to $500,000
Non -Residential
plus 1.25% of Valuation over
$56,945
$56,859
$86
$500,000
($500 minimum)
Residential
1.75% of Valuation up to $500,000
$6,541
$6,547
-$6
plus 1% of Valuation $500,001 -
$10 mil
plus 0.5% of Valuation over $10 mil
$500 minimum
Parking Lot
Restripe Only
Flat
$100
$50
$50
$50 + 3.5% for first $10,000 + 1.0%
Repairs
on the amount above $10,000
$1,277
$1,277
$0
Patio / Walks / Landings
Residential
Flat
$100
$104
-$4
additional
additional
with low voltage
Flat
$100
$100
$0
additional
additional
with gas line
Flat
$100
$100
$0
Non Residential
1.75% of Valuation $100 min
$267
$144
$124
Plumbing Non -Residential
RPZ Replacement -
Non Residential
Flat
$100
$100
$0
Non Residential Plumbing
1.75% of Valuation ($100 min)
$166
$140
$27
Plumbing Residential
RPZ Replacement -
Residential
Flat
$100
$54
$46
Irrigation Disconnect -
Residential
Flat
$100
$55
$45
Plumbing Residential
Flat
$100
$91
$9
Radon Mitigation
Residential
Flat
$65
100
$3,5
Remodel Non -Residential
Warehouse Racking
Flat
$400
$488
48
Remodel Non Residential
2% of Valuation up to $500,000
(Non -Warehouse Racking)
plus 1.25% of Valuation over
$3,295
$3,298
-$3
$500,000
$500 minimum
Page 7 of 12
Packet Pg. 187
9.C.a
Remodel Residential4
Fireplace -
New/Replacement
Flat
$400
$348
$53
Structural Repairs -
$399
Residential
Flat
$200
$199
$399
Residential Bathroom
Flat
$200
"I'll reap
$399
Residential Kitchen
Flat
$350
$49
Residential Remodel -
$399
Minor
Flat
$200
bus s
Residential Remodel -
$399
Interm
Flat
$450
$5 1.
Residential Remodel -
$399
Major
Flat
$800
$401.
Roof
One & Two Family
Flat
$85
$140
-$'55
Multi Family/Townhomes
Flat
$400
$461
461.
Non Residential
1.25% of Valuation Min $400
$1,563
$1,292
$270
Sewer / Water Service Repair
Residential
Flat
$85
$67
$18
Sign
Temporary
Flat
$85
$56
$29
Construction Sign
Flat
$125
$133
-$8
Directional / Ground /
Wall
Flat
$125
$117
$8
Dir / Ground / Wall
w/electric
Flat
$200
$164
$36
Tenant Panel / Reface
Flat
$85
$56
$29
Commercial Real Estate
$125 + $75 annual renewal
$125
$131
-$6
Solar Panels
Residential
Flat
$400
$371
$29
Non Residential
1.75% of Valuation Mini $400
$2,293
$2,285
$8
Swimming Pool
Inground - Residential
Flat
$400
$450
-,$"so
Above Ground / Hot Tub -
Residential
Flat
$200
$220
-$20
Temporary Food
Temporary Food
Flat
$75
$75
$0
Tent
Tent
Flat
$100
$50
$50
Utility Disconnect
Utility Disconnect
$100
$100
$0
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Page 8 of 12
Packet Pg. 188
9.C.a
Water Heater
Residential each
Flat
$65
$52
$13
Window and/or Skylight Replacement
Residential
Flat
$85
$119
' 1
Work Prior - In addition to
above
Double
Double permit
Work Prior - In addition to
permit fee,
fee, minimum
minimum $65
$65 /
$0
above
/ maximum
maximum
$1000
$1000
Other Inspections
Any inspection or
reinspection not covered
Flat
$60
$50
$10
(per inspection)
Permit Cancellation Fee
25% of
Permit cancellation fee
$50
original permit
fee, minimum
$50
Absentee or Inspection
Cancellation Fee
Absentee or cancellation
fee for when a homeowner
or contractor fails to keep
a scheduled inspection or
reinspection or fails to
Flat
$60
$0
$60
cancel a scheduled
appointment at least 24
hours prior to the
scheduled appointment
Permit extension
Half the fee
Permit extension
for half the
$0
Half the fee
time
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Page 9 of 12
Packet Pg. 189
9.C.a
Contractor, subcontractor or
construction manager annual
fee
Contractor, subcontractor
or construction manager
annual fee
$100 for the
first trade. If
more than one
trade, then
$100 for the
first trade and
Flat $75 $50 for each
subsequent
trade. Any
contractor
registering
after July 1st
will pay 1/2 the
required fee.
'Calculations that include valuation are based upon the higher of the two valuations: submitted estimate or ICC calculation,
with the exception of remodel permits. Remodels are solely based upon submitted estimation.
2 Fees calculated utilizing proposed fee structure based upon projects submitted to the Village between 2018-2020. In
certain examples, only a subset of projects was accessible.
3 Fees calculated utilizing current structure and projects submitted to the Village between 2018-2020.
4 Current Fee Structure does classifies project under the major category and not into further any or minimal categories
5The Village didn't receive any projects submitted of this particular category in the past several years.
Fees associated with Fire Alarm, Fire Suppression System, and Engineering remain unchanged.
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Page 10 of 12
Packet Pg. 190
9.C.a
Appendix B
Proposed Planning and Zoning Commission Fee Schedule Modifications
Strike Out Version
Planning and Zoning Commission Request
Fee
All one- and two-family dwellings —Variations
$125.00
$79.00
0
All multiple family dwellings —Variations
$175.00
All multiple family dwellif4gs
(�
$90.00
.
Non -residential —Variations
$175.00
00
To appeal a decision of the Building Commissioner
$175.00
A&00
00
A&99
r rccrxrxC�ziir'rtdeVeIOPM 214 -i eW aeVW-a-A-ati
Rezoning or variation (if not part of a petition for special use or PUD)
$200.00
Special uses for property in R-E through R-7 districts. Petition Aling Fee
$100.00
Special uses for property in all other districts. Petition Fling fee
$200.00
Planned unit development (PUD) amendment
$100.00
Planned unit development (PUD) new development. Petition fihng4ee
$200.00
A&98
Zoning text amendment. Petition filing4ee
$100.00
Concept/preliminary plan review
$150.00
$29.00
Development Ordinance variation forresidential property. Petition Aling4ee
$125.00
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Page 11 of 12
Packet Pg. 191
9.C.a
Clean Version
Planning and Zoning Commission Request
Pro osed Fee
One and two-family dwellings Variations
$125
All multiple family dwellings (Variations)
$175
All business, office/research and industrial buildings —Variations
$175
Planning Unit Development (PUD) Amendment
$100
Planning Unit Development PUD New Development
$200
Rezoning
$200
Zoning text amendment
$100
Concept/preliminary plan review
$150
Special Use in Residential District RE-R7
$100
Special Use in all other districts
$200
Development Ordinance Variation for residential property
$125
Appeal to the Building Commissioner
$175
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Page 12 of 12
Packet Pg. 192
9.C.b
Underlined = addition
tFikethr... •,. =deletion
September 13, 2021
ORDINANCE NO. 2021-
AN ORDINANCE AMENDING TITLE 1.16 FEE SCHEDULE PROGRAM AS IT RELATES TO PLANNING AND
ZONING COMMISSION FEES AND PERMIT FEES
WHEREAS,the Village of Buffalo Grove is a Home Rule Unit pursuantto the Illinois Constitution
of 1970.
NOW,THEREFORE, BE ITORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS as follows:
Section 1. Section 1.16 of the Village of Buffalo Grove Municipal Code is hereby amended as follows
1.16.010 - Fee Schedule
The following is the Village of Buffalo Grove Fee Schedule related to Title 3:
Buffalo Grove Municipal
Code Section
Classification
Fee
3.06.020 subsection A.
All one- and two-family dwellings —Variations #er-
$125.00
A.liter@and two tamely .J. el1iRgS—V@Fi;#iAR!; „thPF+1. -,..$75.99
n
All Ad +,.,.,_family .J,.,o11ipgs—Variatiop to 7nninn
tin nn9
QrdipapGe 9@GtiGA ! ;E 96 n9n SWb6@G+i A u �
3.06.020 subsection B.
All multiple family dwellings —Variations dal
$175.00
fan;ily .J,. whin.. —Varian Rs „ther+haR
$Qg n,n9
AllA;WltiplefaMi drE.11i,=r0S Var,-.+igR + ;49R;...$99.99
QFdiRaRGe, SP_GtiAA
3.06.020 subsection C.
All business, office/research and industrial buildings—
Variations f,.r PFiRGiP@l StR+64r,..-
$175.00
n c n n h + r
beFSiiat55 r ^ ^ ^ d*Rd'H I
$
rcE/iz5e S41 @ rgs
3.06.020 subsection D.
To appeal a decision of the Building Commissioner
$175.00
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9.C.b
3.06.020 subsection G.
Rezoning or variation (if not part of a petition for special
use or PUD)
$200.00
a nc non t,�e + u
t1�0
2.Qrq Q�Q s, bse -+i,. I
C rimer+/ li i @.., l f tps fi.,e -
c,
nc non I.� +ier I
(`e...,e..+/.,reli....i..@.., ..l-,. FeviewpeF ar=Fe (e.- fp@Gtier
c,
thereef) fop siteslapgertha,, five ac--res—`
3.06.030 subsection A.
Special uses for property in R-E through R-7 districts.
Do+i+ier filiAg foe
$100.00
3.06.030 subsection A.
Special uses for property in all other districts. °ems+1e+1e^
f
$200.00
3.06.030 subsection B.
Planned unit development (PUD) amendment. °ems+1e+i^^
f
$100.00
3.06.030 subsection B.
Planned unit development (PUD) new development.
Do+i+iQR filiRg fee
$200.00
nc non L e+i r
D.,;.,ri,- -.+i.,n (if e+i+i.,., F.,. S I$209.99
g OF ROt P@Ft Of a
❑I Ins oe+i+igR Fill.,.. f...,
3.06.030 subsection D.
Zoning text amendment. Pe+i+ie., fill.... fe.,
$100.00
3.06.030 subsection E.
Concept/preliminary plan reviewfor sites five acres or
less.
$150.00
a nc non t e +i
CeReept/ ..la FeyiewpeF aGFe (OF fFaGtiee
$29.Q9
ffeli....i.,@..,
the.eef) f@F laFger +h@R Fi..e a De+i+ie.. Fili.... F.,e
sites
3.06.030 subsection G.
Development Ordinance variation for residential
property. Pe+i+ie., fill.... fe..
$125.00
The following is the Village of Buffalo Grove Fee Schedule related to Title 14 and Title 15:
Buffalo Grove
Classification
Fee
Municipal Code
Section
14.12.030 subsection
Wall and ground signs, non -illuminated
$cn 99 plus to 7C ..e..+s
A
e feet of I@Fge.
nn
face
.,I616 $9- Plan
125.00
14.12.030 subsection
Wall and ground signs, illuminated
$cn nn PIWS to �c Epp"
A.
f@Ge $90 nn..l-,e FeYieW
fee -, $50 nn
Plus
fee200.00
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$75nn ..1619 $9 29 G .,+5
e feet Of'a Fge.
faee
'rp—op.. Fee IF in+..... -.I I..
14.12.030 subsection
Banners, pennants, searchlights, balloons or gas -filled figures
$4( 85.00
A.
and Grand Opening signs
14.12.030 subsection
Temporary identification sign
$4( 85.00
A.
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14.12.030 subsection
Tenant panel sign
$&1 85.00
A.
n non h +
P9F R r+ Sal Lease SiORS less +haR 6. a f.,.,+
$4,90
,fir.
14.12.030 subsection
"For Rent, Sale, or Lease" signs more than 6 square feet,
$75.99 .,I615 to 25 .-.,r+'
A
e feet of I-,.gep
face' pl6is $9- nn .,I-,..
fee
., PIW8 (if
..liGable) a $99 nn
,I r ,-.I fee125.00
14.12.030 subsection
Construction sign
$125.00
A
14.12.030 subsection
An awning sign
Priced as a wall sign
A.
14.12.030 subsection
All other signs requiring a permit, that are not combined with
$4985.00
A.
additional sign fees
14.12.030 subsection
Permit renewal for special signs
$�875.00
A.
14.20.060
tea; Annual renewal fee for a "For Rent, Sale, or Lease"
$-&875.00
sign
14.40.020 subsection
Variance application fee
$125.00
B.
15.04.020 Section
Permit extension fee
50% of original permit fee
105.5 subsection C
15.04.020 Section
Accessory structure permit fees
109.2 subsection A.1.
Detached Garage
All Other Residential
$400.00
$100.00
Cell Tower Modification
$200.00
Temporary Trailer
$400.00
All Other Non -Residential
200.00
15.04.020 Section
Addition Residential permit fees
109.2 subsection A.I.
Covered Porch
Unconditioned Addition
$200.00
S500.00
Conditioned Addition
1.75%of Valuation (5200
minimum
15.04.020 Section
Addition Non -Residential permit fees
2% of Valuation up to
109.2 subsection A.I.
S500,000
plus 1.25% of Valuation
over 5500,000
(5500 minimum)
15.04.020 Section
Air Conditioner Replacement permit fee
565.00 each unit
109.2 subsection A.1.
15.04.020 Section
Basement Remodel permitfees
109.2 subsection A.1.
Minor
Intermediate
$300.00
S750.00
Major
L1,000.00
15.04.020 Section
Demolition of Structure permit fees
109.2 subsection A.1.
Residential
Non -Residential
$150.00
1.75% of Valuation
(5200.00 minimum)
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9.C.b
15.04.020 Section
Driveway and/or Apron permit fees
S50.00 (plus the
109.2 subsection A.1.
engineerin f� ee in
12.08.030)
15.04.020 Section
Electrical only permit fees
109.2 subsection A.I.
Residential
Non -Residential
S100.00
1.75%of Valuation
(5100.00 minimum)
15.04.020 Section
Footing & Foundation permit fees
1.5%of Valuation ($400.00
minimum
109.2 subsection A.1.
15.04.020 Section
Fire or Water Damage Repair permit fees
109.2 subsection A.1.
Residential - Minor
Residential - Intermediate
$500.00
$1200.00
Residential - Maior
S2500.00
Non -Residential
S1.75% of Valuation
(5500.00 minimum)
15.04.020 Section
Foundation Repair permit fees
109.2 subsection A.I.
Residential
Non -Residential
$200.00
1.75%of Valuation
(5200.00 minimum)
15.04.020 Section
Furnace Replacement permit fees
565.00each unit
109.2 subsection A.1.
15.04.020 Section
Generator permit fees
109.2 subsection A.1.
Residential
Non -Residential
$200.00
400.00
15.04.020 Section
Interior Demolition permit fees
109.2 subsection A.1.
Residential
Non -Residential
$150.00
1.75%of Valuation
(5200.00 minimum)
15.04.020 Section
Lawn Sprinkler permit fees
109.2 subsection A.1.
Residential - Single Family
Residential - Multi -Family / Townhome (per building)
$200.00
$400.00
Non -Residential
500.00
15.04.020 Section
Low Voltage only permit fees
109.2 subsection A.1.
Residential
Non -Residential
$100.00
S100.00
Low Voltage with Card Access
200.00
15.04.020 Section
Mechanical only permit fees
109.2 subsection A.1.
RTU Replacement (each)
All Other Residential
S100.00
S100.00
All Other Non -Residential
1.75%of Valuation
(5100.00 minimum)
15.04.020 Section
New Construction -Residential permit fees
1.75% of Valuation up to
109.2 subsection A.1.
$500,000
plus 1% of Valuation
$500,001- $10 mil
plus 0.5% of Valuation
over$10 mil
($500 minimum)
15.04.020 Section
New Construction - Non -Residential permit fees
1
2% of Valuation up to
1
109.2 subsection A.1.
$500,000
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plus 1.25% of Valuation
over $500,000
($500 minimum)
15.04.020 Section
Parking Lot permit fees (Restripin@ only)
5100.00
109.2 subsection A.I.
15.04.020 Section
Patio/Walks/Landings permit fees
$100.00 plus an additional
$100.00for low voltage
plus an additional $100for
109.2 subsection A.1.
Residential
gas piping if applicable
Non -Residential
1.75% of Valuation
$100 min
15.04.020 Section
Plumbing only permit fees
109.2 subsection A.I.
RPZ Replacement
Irrigation Disconnect
5100.00
S100.00
All Other Residential
S100.00
All Other Non -Residential
1.75% of Valuation
(5100.00 minimum)
15.04.020 Section
Radon Mitigation System permit fee
$65.00
109.2 subsection A.1.
15.04.020 Section
Remodel - Residential permit fees
109.2 subsection A.1.
Structural Repairs
Fireplace- New/Replacemen
S200.00
S400.00
Bathroom only
$200.00
Kitchen only
$350.00
Minor
$200.00
Intermediate
$450.00
Major
800.00
15.04.020 Section
Remodel - Non -Residential permit fees
109.2 subsection A.1.
Warehouse Racking only
All Other
$400.00
2%of Valuation up to
500 000
plus 1.25% of Valuation
over S500.000
($500 minimuml
1S.04.020Section
Roof Replacement permit fees
109.2 subsection A.1.
Residential - One & Two-Famil
Residential - Multi-Family/Townhomes (per building)
$85.00
$400.00
Non -Residential
1.25% of Valuation (5400
minimum
15.04.020 Section
Sewer / Water Service Repair permit fee
S85.00
109.2 subsection A.1.
15.04.020 Section
Solar Energy System permit fees
109.2 subsection A.I.
Residential
Non -Residential
S400.00
1.75% of Valuation
(5400.00 minimum)
15.04.020 Section
Swimming Pool permit fees
109.2 subsection A.I.
Residential - Above Ground or Hot Tub
Residential - Inground
$200.00
400.00
15.04.020 Section
Tent permit fees
$100.00
109.2 subsection A.1.
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15.04.020 Section
109.2 subsection A.1.
Utility Disconnect permit fee
S100.00
15.04.020 Section
109.2 subsection A.1.
Water Heater replacement permit fee
S65.00each unit
15.04.020 Section
109.2 subsection A.I.
Window and/or Skylight Replacement (no change in size)
permit fee
S85.00
15.04.020 Section
109.2 subsection A.2.
Amendment fee per discipline, when proposed changes reauire
$50.00
the review of two or more disciplines.
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BHil.dir... r.I@R ,- , f.... f..r hb lil.di..r. +.. Cnn 5 ., feet
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w, fooAf CCn nn
t 5 nn nPn c.,G+i
np....,,dme ,+ r. I FeVie;AAfPP$50.og
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DI61...hiRg r, M-4 F., .,r fer -, water h. ater
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15.04.020 Section
Elevator permit fee —New installation or modification charge
$3-2-&300.00
109.2 subsection
per each elevator, dumbwaiter, moving walk, escalator,
A.63.
conveyor or manlift (includesipi� one inspection)
15.04.020 Section
Elevator peFRqi inspection fee —Semi-annual
$80.00
109.2 subsection A.
inspection/Certificate of compliance per each inspection per
43.
elevator, dumbwaiter, moving walk, escalator, conveyor or
manlift
15nn Wo Cor+in.,
n G
€ieaateFe r tTee—co,,.,;_-,,,r,��l o�+�.,.. /ro r��+o .,f
$g,e..QQ
.,lia AG@ ., aGh i @GtiGA fQF Rd r oG+iG
'I C nA non c„C+i„r
ono h +i r n G
DPI-,.. ry f.,., fQF eleyatoF
.Ju..-,bwaite all. alate.. Rlif+fe
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gleyat9%rFt fee— d di+i. rfl..eF f9F
fee
$ yv Vv
nal p eveFy steF
ahs�fe. F #e«e����.
15.04.020 Section
Fire protection system fee, new automatic sprinkler system,
$125.00
109.2 subsection
each system, 1-100 heads
A.-74.
15.04.020 Section
Fire protection system fee, new automatic sprinkler system,
$50.00
109.2 subsection
every 100 additional heads or fraction thereof
A.-74.
15.04.020 Section
Fire protection system fee, renovation to an existing system of
$25.00
109.2 subsection
20 heads or less
A.-74.
15.04.020 Section
Fire protection system fee, renovation to an existing system of
$50.00
109.2 subsection
21-100 heads
A.W-4.
15.04.020 Section
Fire protection system fee, renovation to an existing system
$50.00
109.2 subsection
every 100 additional heads or fraction thereof
A.-74.
15.04.020 Section
Fire protection system fee, renovation to partial system of the
$50.00
109.2 subsection
domestic water system
A.-74.
15.04.020 Section
Fire protection system fee, renovation to existing system:
$50.00
109.2 subsection
standpipes (each)
A.-74.
15.04.020 Section
Fire protection system fee, renovation to existing system: fire
$50.00
109.2 subsection
pumps (each)
A.-74.
15.04.020 Section
Fire protection system fee, renovation to existing system: hood
$50.00
109.2 subsection
suppression systems
A.-74.
15.04.020 Section
Fire protection system fee, renovation to existing system: clean
$50.00
109.2 subsection
agent extinguishing systems
A.-74.
15.04.020 Section
Fire protection system fee, renovation to existing system:
$50.00
109.2 subsection
alternate fire extinguishing systems
A.W-4.
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15.04.020 Section
Fire protection system fee, renovation to existing system:
$50.00
109.2 subsection
means of egress access control systems
A.-74.
15.04.020 Section
Fire protection system fee, renovation to existing systems
$100.00
109.2 subsection
FAVi W/iAGP@GtiGA foo fQF fiF@ G,,.,, F@S6i R S St@P.,&
A.-74.
15.04.020 Section
Fire alarm system fee: New or modification to an existing
$160.00
109.2 subsection
system (this ;� ;� - ldi+ieR to a $ nn 99 e! GtF*Gal fee
A.W-4.
15.04.020 Section
Fire alarm system fee: D1@^ F@Vi@W i 6Pe,.+i^^ fee for fire alarm
$50.00
109.2 subsection
systems of 5,000 square feet or less
A.-74.
15.04.020 Section
Fire alarm system fee: Dlan Fevie• • i^g^^G+i^^ fee for fire alarm
$5.00 per device
109.2 subsection
systems of 5,001 to 10,000 square feet
(minimum $100.00)
A.-74.
15.04.020 Section
Fire alarm system fee: Dla Fevie • iHspeG+is~ fRP for fire alarm
$5.00 per device
109.2 subsection
systems of 10,000square feet or more
(minimum $150.00)
A.W-4.
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$$99.99
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15.04.020 Section
Any inspection or reinspection not covered bythe fees
$&( 60.00
109.2 subsection
designated in section 109.2 (per inspection)
A.485.
15.04.020 Section
Where work has been started prior to the issuance of a permit,
Doubled the original
109.2 subsection
the normal permit fee shall be increased to
permit fee (with a
A.346.
minimum of $50.00 and a
maximum of $1,000.00)
15.04.020 Section
The fee for Certificate of Occupancy: residential (per unit)
$50.00
109.2 subsection
A.347.
15.04.020 Section
The fee for Certificate of Occupancy: non-residential (per unit)
$150.00
109.2 subsection
A.447.
15.04.020 Section
Zoning/Code Compliance Letter (non-residential only)
$150.00
109.2 subsection
A.4-98.
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$59.09
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$5Q99
15.04.020 Section
Fire Department annual safety inspection fee (original
$0.00
109.2 subsection
inspection or the first reinspection)
A.349.
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15.04.020 Section
Fire Department annual safety inspection fee per reinspection
$50.00
109.2 subsection
subsequent to first reinspection
A.449.
15.04.020 Section
Temporary food service permit fee
$75.00
109.2 subsection
A.4410.
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15.04.020 Section
Permit cancellation fee
$5Q.G425%of original
109.2 subsection
permit fee, minimum
A.4412.
50.00
15.04.020 Section
Absentee or cancellation inspection fee for when a homeowner
60
or contractor fails to keep a scheduled inspection or
reinspection or fails to cancel a scheduled appointment at least
109.2 subsection A.13
24 hours prior to the scheduled appointment
15.12.030 subsection
Fee for Public Works Department to complete connection to
$1,200.00
C
the Village storm sewer system in the parkway
15.20.030 subsection
Fence permit fee
$99 nn fGF +h., firl+ RAP
A.
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$9 nn f..... ph a d.ditie al
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15.32.030
Contractor, subcontractor or construction manager annual fee
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75.00
15.32.040 subsection
Electrical contractor annual registration fee
$50.00
A.2.
15.36.050 subsection
New license or renewal license for renting a single-family home,
$85.00
C.
condominium, townhome, or row house
15.36.050 subsection
New license or renewal license for renting an apartment
$150.00 per building plus
C.
complex
$40.00 per dwelling unit
15.36.050 subsection
Late fee if license is paid between January 1 and February 1
$85.00
E.
15.36.060 subsection
First reinspection fee
$50.00
F.
15.36.060 subsection
Second reinspection fee
$75.00
F.
15.36.060 subsection
Third and subsequent reinspectionfee(s)
$125.00
F.
15.36.060 subsection
Absentee or cancellation fee for when an owner or agent fails
$60.00
G.
to keep a scheduled inspection or reinspection, or fails to cancel
a scheduled appointment by 24 hours prior to the scheduled
appointment
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Section 2. This Ordinance shall be in full force and in effect from and after its passage and approval. This
ordinance maybe published in pamphlet form. The implementation of this Ordinance shall be delayed
until January 1, 2022.
AYES:
NAYES:
ABSENT:
PASSED:
APPROVED:
PUBLISHED:
APPROVED:
Beverly Sussman, Village President
ATTEST:
JanetSirabian, Village Clerk
Packet Pg. 204
9.D
Ordinance No. 0-2021-74 : Ordinance Amending Title 15.04.020 of
the Village Code as it Relates to Permits and Permit Processes
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Staff recommends approval of the attached Ordinance.
In conjunction with the proposed Ordinance to Amend Title 1.16 of the Village Code as it Relates to
Planning and Zoning Commission Fees and Permit Fees, staff is recommending an amendment to the
Title 15 in regards to permits and permit processes. Additional information can be found in the attached
memorandum.
ATTACHMENTS:
• BOT Memo Title 15 (DOCX)
• Ordinance - Amendment to Title 15
Trustee Liaison
Pike
Monday, October 18, 2021
(DOCX)
Staff Contact
Nicole Woods, Community Development
Updated: 10/13/2021 10:28 AM
Page 1
Packet Pg. 205
9.D.a
VII-1,kGE OF
MEMORANDUM
DATE: October 14, 2021
TO: President Beverly Sussman and Trustees
FROM: Nicole Woods, Deputy Director of Community Development
Jessie Brown, Administrative Services Manager / Assistant Village Clerk
SUBJECT: Amendment to Title 15 as it related to Permits and Permit Processes
Summary
Staff is recommending an amendment to the Title 15 in regards to permits and permit processes. This
amendment is in conjunction with the proposed Ordinance amending Title 1.16 regarding Planning and
Zoning Commission fees and permit fees. The proposed Title 15 amendment is discussed within the
scope of the Staff Memo that accompanies the proposed Ordinance Amending Title 1.16 and can be
referred to for further information.
Action Requested
Staff recommends that the Village Board approve an Ordinance amending the Title 15 as it relates to
permits and permit processes.
Page 1 of 1
Packet Pg. 206
9.D.b
Underlined = addition
+_:k,.th_,.. • . = deletion
September 13, 2021
ORDINANCE NO.2021-
AN ORDINANCE AMENDING TITLE 15 OF THE
VILLAGE OF BUFFALOGROVE MUNICIPALCODE
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.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENTAND BOARD OF TRUSTEES OF
THE VI LLAG E OF BUFFALO GROVE, COOK AN D LAKE COU NTI ES, I LLI NOIS AN D PU RSUANTTO ITS HOME
RULE AUTHORITY:
SECTION 1: Chapter15.04.020 of the Village of Buffalo Grove Municipal Code is hereby
amended to read as follows:
15.04.020 Amendments.
The 2018 Edition of the International Building Code is amended as follows:
Section 101.iTitle. (Amend to read as follows.) These regulations shall be known as the Building Code
of the Village of Buffalo Grove, hereinafter referred to as "this code".
Section 101.4.3 Plumbing. (Amend to read as follows.) The provisions of the Illinois Plumbing Code
shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment,
appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all
aspects of a medical gas system. The provisions of the Illinois Plumbing Code shall apply to private sewage
disposal systems.
Section 102.4 Referenced codes and standards. (Amend to read as follows.) The codes and standards
referenced in this code shall be considered part of the requirements of this code to the prescribed extent of
each such reference. Where differences occur between provisions of this code and referenced standards, the
provisions of this code shall apply. The following codes and standards are not adopted by reference:
IPC-2006 International Plumbing Code;
IPSDC-2006 International Private Sewage Disposal Code;
IZC-2006 International Zoning Code.
Section 105.2 Work exempt from permit. (delete.)
Section 105.5 Expiration. (Amend to read as follows.)
A. Permits shall expire if the work has not been completed within the following specified times from
the date of issuance:
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9.D.b
1. Sewer/water service repair —30 days from date of issuance
2. Air conditioner, Demolition, Furnace, Radon Mitigation, Roof, Utility Disconnect, Water Heater
— 90 days from date of issuance
3. Additions and New Construction — 365 days from date of issuance
4. "For Rent, Sale, or Lease" sign — 365 days from date of issuance, renewable on an annual basis
5. All other permits — 180 days from date of issuance
B. Permit extensions may be granted by the Building Official upon demonstration of iustifiable cause
for the extension. Extensions shall be reauested in writing and shall include the following:
1. An explanation of the hardship which resulted in the work not being completed.
2. A detailed description of all work which has not vet been completed and a timeline for
completion. No work shall be left incomplete which may result in a life safety issue or result in
a public nuisance or endangerment.
3. A detailed description of how any unfinished portions of the building will be protected from
outside elements so as not to cause damage to the structure.
C. A fee set forth in Chapter 1.16 of this Code shall be paid for the permit extension, which shall then
be valid for an additional period of time equal to one-half the original permit.
Section 107.2.6.2 Compliance with site plan. It shall be the responsibility of the builder/developer to
submit to the Building and Zoning Department a spot survey prepared by a Registered Land Surveyor after
the foundation is installed. This survey must be at a scale of not less than one inch equal to thirty feet (1" _
30'). The survey must also indicate the elevation above sea level of the top of the foundation wall and the
top of the curb and sidewalk at lot lines extended relative to a United States Geological Survey benchmark.
No construction will be allowed to proceed exceptfor decking, underground water and sewer, and related
items until the spot survey is approved by the Building and Zoning Department. This section applies to
principal structures only and not to additions or accessory structures.
Section 109.2Schedule of permit fees. (Amend by adding the following) On buildings, structures,
electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall
be paid as required, in accordance with the schedule as established by the Vi Ilage of Buffalo Grove.
A. A fee for each plap ^.,.,., roar;^^, building permit and its associated review(s) and inspection(s) shall be
paid prior to the issuance of permit(s) in accordance with the following schedule:
1. Bubld6n Permit Fees are set forth in Chapter 1.16 of this Code. Whenever the cost of
construction is a factor in determining a permit ^pplaR fee, the valuation of building
projects shall be established based on the greater of:
a. The cost of construction as calculated using the most recent Building Valuation Table
established by the International Code Council (ICC) and published on their website-
labilglished data; or
b. The cost of construction as stated by the applicant or agent on the application for the
relevant permit.
2 Building plan F ,f.,esaFe tfeFth OR Ch-,..teF 1.16 efthis Cede Purth@+ ^An Amendment
Form is required to be submitted detailing the changes for any revisions from previously
approved plans. For building plans that have been previously reviewed and the permit issued,
any revisions to any commercial building plan or any residential building plan that, based upon
the changes proposed require the reviewof two or more disciplines, an amendment fee
fp LQ fQF th. A mPRdmPnt PQFF. is set forth in Chapter 1.16 of this Code.
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9.D.b
3 P" 1H.FRhi., .... ..,it fees et fe Fth iR Gh-,pteF 'I 16 Of +him /"...d.,
4. p1....+.i.. 1 peFffli+ fees � .,+forth it Gh-.pteF 'I 'I6 9f+hi� !" J La
Cy. NA....haRi..-,I Wi+fees are ..+fe-41; on Gh-.pteF 1.16 ..{this Cede.
43. Elevator permit and semi-annual inspection fees are set forth in Chapter 1.16 of this Code.
�4. Fire protection system fees are set forth in Chapter 1.16 of this Code.
3-46 of thms; C;Qdo ;4Ad tho fees fGF an an gFound pool Will GoRqply with th@ 196161diAg f@LQ
Chaptep 16 Af+hi; CmA d.
495. Reinspection Fees. The aforementioned permit fees include one reinspection per inspection type
and discipline. Any inspection or reinspection not covered by the fees designated in this section
shall be charged as set forth in Chapter 1.16 of this Code.
316. Work Prior to Permit. Where work has been started prior to the issuance the permit fee shall be
as set forth in Chapter 1.16 of this Code.
42-7. Certificate of Occupancy. The fee for Certificate of Occupancy, including business license
inspections, is set forth in Chapter 1.16 of this Code.
3�8. Zoning/Code Compliance Letter fee is set forth in Chapter 1.16 of this Code.
14. P@FkiRg Let oeP@i.s/o S+.irirg as et f94h in rhapte. 4 4 6 Of this C �
419. Fire Department Fees are set forth in Chapter 1.16 of this Code.
3-610.Temporary Foodservice Permit fee is set forth in Chapter 1.16 of this Code.
11. Special Event Permit application fee is set forth in Chapter 1.16 of this Code.
1:7_DFi.,.,..,-.., aRG119F aPF9R PeFM4 fee is et f94h ih Chapte. 1.16 Of+him C-Ade
4412.Permit cancellation fee is set forth in Chapter 1.16 of this Code.
13. Absentee or cancellation fee for when a homeowner or contractor fails to keep a scheduled
inspection or reinspection or fails to cancel a scheduled appointment at least 24 hours prior to
the scheduled appointment is set forth in Chapter 1.16 of this Code.
4-914.Recovery of Third -Party Costs. The Village may recover all third -party vendor and consultant fees
incurred by the Village for commercial plan reviewand commercial inspection. Said costs may be
added to the permit fees or collected prior to the issuance of a certificate of occupancy.
Section 113.1 Appeal: (Amend to read as follows.) Any person shall have the right to appeal a decision
of the code official to the Village Manager. A letter for appeal shall be based on a claim that the true intent
of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this
code do not fully apply, or an equivalent or better method of construction is proposed. All appeals shall be
filed within thirty days of the decision of the code official.
The Village Manager shall affirm, modify, or reverse the decision of the code official.
Section 113.3 Qualifications. (delete.)
Section 502.1Address Identification. (Amend to read as follows.) New and existing buildings shall be
provided with approved address identification. The address identification shall be legible and placed in a
position that is visible from the street or road fronting the property. Addre ss identification characters shall
contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers
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9.D.b
shall not be spelled out. Each character shall be a minimum of 6 inches in height with a minimum stroke
width of 1 inch. Where required by the fire code official, address identification shall be provided in additional
approved locations to facilitate emergency response. Where access is by means of a private road and the
building address cannot be viewed from the public way, a monument, pole or other approved sign or means
shall be used to identify the structure. Address identification shall be maintained.
Section 603.1.2 Piping. (Amend to read as follows.) The use of combustible piping materials shall be
permitted when installed in accordance with the limitations of the International Mechanical Code and the
Illinois Plumbing Code.
Section 903.1.2 Sprinkler System Design Criteria: (Add Section 903.1.2 to read as follows.)
Hydraulically calculated sprinkler systems shall be designed to maintain a minimum of 10% or 5 psi
pressure cushion (whichever is greater) between the seasonal low water supply and the total sprinkler
demand. The total sprinkler demand shall include the sprinkler demand and hose stream demand, and/or
standpipe demand.
Section 903.2 Where Required. (Amend to read as follows.) Approved Automatic Sprinkler Systems in
new buildings and structures shall be provided in the locations described in Sections 903.2.1 through
903.2.12.
Exceptions: (Amend to read as follows.)
One -family dwelling, which is herebydefined as a building designed exclusivelyfor use and occupancy
by one family which building is entirely surrounded by open space and said open space being on the
same zoning lot as the building.
Detached accessory buildings with an intended use that is incidental to that of the primary building on
the same lot of record as a detached one -family dwelling. Detached accessory buildings shall include,
but not be limited to, detached garages, storage sheds, and animal habitats.
Detached accessory buildings with an intended use that is incidental to that of the primary building on
the same lot of record where the primary building is classified as a Use Group B, F, I, M, S, and U that
are less than two hundred and fifty square feet in size. This exception shall not apply if the horizontal
separation between the accessory building is less than twenty-five feet from any other building or the
accessory building and/or structure is used for the storage of the following hazardous materials:
(a) Flammable and/or combustible liquids classified as Class IA, IB, IC, II, and IIIA if the combined
quantity exceeds 30 gallons. (113.562liters).
(b) Flammable gas if the quantity exceeds 10 gallons (37.9 liters) and/or 333 cubic feetof gas
(9,429.5 liters).
(c) Corrosives.
(d) Toxic agents.
(e) Oxidizers classified as Class 2, 3, or 4. Class 1 oxidizers shall not exceed 100 gallons (378.5 liters)
and/or 1,000 pounds (373.2 kilograms).
(f) Unstable/reactives.
(g) Water reactives if the quantity exceeds 100 gallons (378.8 liters) and/or 1,000 pounds (373.2
kilograms).
(h) Pyrophoric materials (all classifications).
(i) Organic peroxides (all classifications).
(j) Explosives (all classifications).
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9.D.b
Picnic shelters, gazebos, pergolas, and detached public restroom facilities with a minimum horizontal
separation of twenty-five feet from all other buildings. This exception shall not apply if the picnic
shelter, gazebo, pergola, or detached public restroom is equipped with a permanent heat producing
appliance that utilizes natural gas and/or propane as a fuel supply or if the detached public restroom
facility exceeds a total of four hundred square feet in size.
Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment,
associated electrical power distribution equipment, batteries and standby engines, provided that those
spaces or areas are equipped throughout with an automatic smoke detection system in accordance
with Section 907.2 and are separated from the remainder of the building by not less than 1-hour fire
barriers constructed in accordance with Section 707 or not less than 2-hour horizontal assemblies
constructed in accordance with Section 711, or both.
Section 903.2.8Group R. (Amend to read as follows.) An automatic sprinkler system installed in
accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area unless
listed in Section 903.2 Exceptions 1 through 5.
Section 903.2.13 Other required suppression systems: (Amend to read as follows.) An approved
automatic fire sprinkler system shall be installed in any existing building, excluding one -family dwellings,
when:
The total square footage of the building or contiguous space is expanded to 3,000 square feet or more
regardless of building separation, fire rated assemblies, and type of construction.
Reconstruction involves structural modifications equal to or greater than 50% of the building.
Section 903.4.3 Floor Control Valves: (Amend to read as follows.) Approved supervised indicating
control valves shall be provided at the point of connection to the riser on each floor of a multi -story building
and on each floor in high-rise buildings.
Section 905.3.1 Building Height. (Amend to read as follows.)
Class III standpipe systems shall be installed throughout buildings over two stories in height or more
than two stories below the highest level of fire department vehicle access.
Section 905.4 Location of Class I Standpipe Hose Connections. (Amend by adding the following.)
In all warehouse storage areas exceeding 20,000 square feet, and where storage heights exceed 12'
high, provide inside 2-1/2" fire hose valves. Locate the valves at each exterior access/egress door to the
warehouse and/or storage area. Provide additional 2W' fire hose valves so that no portion of the
warehouse and/or storage area is more than 150' maximum travel distance to a fire hose valve.
The fire hose valve system piping shall be:
A separate riser piping system.
b. The 2-%" valves shall be supplied by a minimum of 4" pipe with 2-%" drops to each valve
Section 907.2 Where required: (Amend to read as follows.)
Every new and existing building, except one family dwelling, requiring an electrical permit shall be
required to have an approved automatic fire alarm system.
All new required fire alarm systems shall transmit trouble, supervisory, and fire signals directlyto the
Buffalo Grove Fire Department remote receiving station via a wireless transmitter in accordance with
NFPA 72.Only equipment certified and approved by the remote receiving station, and/or its'
designated proprietor may be installed. The designated proprietary agent shall be the only authorized
installer of the approved radio transmitters. Existing systems shal I be changed to wireless upon alarm
owners request, when the existing equipment is updated or where a disconnection of the telephone
lines has occurred for a time period of more than thirty days.
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9.D.b
3. All required fire alarm systems shall be connectedto the Village of Buffalo Grove remote receiving
station in accordance with NFPA 72.
Exceptions:
(a) Smoke detectors in Use Group R-1 occupancy sleeping areas shall be installed for alerting staff
(b) Smoke detectors in occupancies in Use Group 1-3 (907.2.6.3).
Chapter 11 Accessibility (delete.)
Section 1203.4.1.2 Openings below grade: (Amend by adding the following) Protect openings with
metal gratings or other approved covers.
Section 1210 Signage: (Add Section 1210 to read as follows.)
Section 1210 Restroom signage. A legible sign designating the sex, either male or female as well as
unisex, shall be provided in a readily visible location near the entrance to each toilet facility. Signs for
accessible toilet facilities shall comply with the Illinois Accessibility Code.
Chapter 29 Plumbing systems. (delete.)
Chapter 35 Referenced standards: (Amend NFPA Section to read as follows.)
Pursuant to the Village's home rule authority, the following National Fire Protection Association (NFPA)
Codes and Standards are adopted by reference and supersede those codes and standards listed in Chapter
35 of the 2006 International Building Code. This adoption by reference specifically preempts and is in lieu of
the requirements of Sections 1-3-1 and 1-3-2 of the Illinois Municipal Code, 65, ILCS 5/1-3-1 and 5/1-3-2:
(1) NFPA 10 2018 edition: Standard for the Installation of Portable Fire Extinguishers.
(2) NFPA 14 2016 edition: Standard for the Installation of Standpipes, Private Hydrants and Hose Systems.
(3) NFPA 17A 2017 edition: Standard for the Installation of Wet Chemical Fire Extinguishing Systems.
(4) NFPA 20 2016 edition: Standard for the Installation of Stationary Fire Pumps.
(5) NFPA 96 2017 edition: Standard for Ventilation Control and Fire Protection of Commercial Cooking
Operations.
(6) NFPA 13 2016 edition: Standard for the Installation of Sprinkler Systems.
(7) NFPA 13D 2016 edition: Standard for the Installation of Sprinkler Systems in One and Two Family
Dwellings and Manufactured Homes.
(8) NFPA 13 R 2016 edition: Standard for the Installation of Sprinkler Systems in Residential Occupancies
up to and Including Four Stories in Height.
(9) NFPA 30 2018 edition: Flammable and Combustible Liquids Code.
(10) NFPA 30B 2015 edition: Standard for the Manufacture and Storage of Aerosol Products.
(11) NFPA 33 2016 edition: Standard for Spray Application Using Flammable or Combustible Materials.
(12) NFPA 1123 2018 edition: Code for Outdoor Fireworks Displays.
(13) NFPA 1124 2017 edition: Code for the Manufacture, Transportation, Storage, and Retail Sales of
Fireworks and Pyrotechnic Fireworks.
(14) NFPA 1126 2016 edition: Standard for Proximate Audience Pyrotechnics.
(15) NFPA 58 2017 edition: Liquefied Petroleum Gas Code.
(16) NFPA 72 2016 edition: National Fire Alarm Code.
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9.D.b
SECTION 2: This Ordinance shall be in full force and effect from and after its passage, approval and publication.
This Ordinance may be published in pamphlet form. The implementation of this Ordinance shall be delayed until
January 1, 2022.
AYES:
NAYS:
ABSENT:
PASSED:
APPROVED:
Beverly Sussman, Village President
ATTEST:
Janet M. Sirabian, Village Clerk
Packet Pg. 213
9.E
Resolution No. R-2021-25 : Resolution Authorizing Execution of an
Agreement with WEX Fuel Cards through the State Contract
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Staff recommends approval pending review of the Village Attorney.
Staff seeks to authorize the Village Manager to execute an agreement with WEX for fueling cards that will
replace the current on -site fueling station . Per the Village Code section 2.08, the Village Manager already
has authority to purchase fuel.
ATTACHMENTS:
• WEX Memo (PDF)
• WEX Res (DOCX)
• Contract Renewal IL Fleet Fuel for P 39 Executed 6 30 2021 (PDF)
• IL State Contract CMS7903500+Fleet+Fuel+Card+Services+Contract+complete (PDF)
• IL addendum_generic_W17 (PDF)
Trustee Liaison
Stein
Monday, October 18, 2021
Staff Contact
Monika Kazmierski, Public Works
Updated: 10/18/2021 9:40 AM
Page 1
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9.E.a
.:T h
MEMORANDUM
DATE: October 11, 2021
TO: Chris Stilling, Deputy Village Manager
FROM: Monika Kazmierski, Public Works Management Analyst
SUBJECT: Approval of WEX Fuel Card Agreement
Staff Recommendation
Staff recommends that the Village Board approve utilization of the WEX fuel card system for the Village
in lieu of rehabilitating the current fuel island.
Overview
The current fuel island located at the Public Service Center will reach its end of life in 2022. The Village
must either replace the island for approximately $1,000,000 or the Village may decommission the island
for an estimated cost of $100,000. Additionally, as the fuel island is nearing the end of its useful life span,
it has been experiencing reoccurring interruptions in service while activating or replacing fueling cards
due to the aging technology.
Staff conducted a survey asking local municipalities for alternatives to on -site fueling and determined WEX
fueling cards were frequently used due to their ease of use and purchasing flexibility. With WEX, taxes are
exempt prior to billing and the Village would receive a 1.S% rebate from the pump price. WEX already
honors a State of Illinois contract which waives all implementation fees. Currently WEX is accepted at 9S%
of US fueling stations with more than 20 locations easily accessible in and nearby Buffalo Grove. WEX has
a mobile app that allows drivers to find the best priced convenient fuel station based on their current
location. Online account access is also available to control and manage fleet purchases. WEX fully
integrates with Cartegraph, Public Work's fuel and asset management software, to record vehicle mileage
and equipment usage.
WEX will provide both short term and long-term solutions to the Village's fueling needs. There will be
immediate savings from choosing to decommission the fuel island rather than rehabilitate a new structure
up to current standards by around $900,000. While the cost per gallon will increase at the pump a twenty
year analysis of this system versus an onsite installation demonstrates savings for the Village.
Communication has already begun within Departments and third -party users of the Village's current fuel
station. Positive responses have been received due to the ongoing issues with the current station, with
Packet Pg. 215
9.E.a
Departments creating their own policies and procedures for when, where and how to safely fuel
equipment.
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9.E.b
Resolution No. 2021-
A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH WEX
BANK FOR FUELING CARDS
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution
of 1970; and,
WHEREAS, the Village of Buffalo Grove seeks to enter into an agreement ("Agreement") with
WEX Bank for fueling cards to replace the current on -site fueling station., and
WHEREAS, the Village Board has determined that it is in the best interests of the Village to n-
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authorize the Village Manager to take all necessary actions to ensure completion of the replacement. t�
as
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NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE Lu
VILLAGE OF BUFFALO GROVE, COUNTIES OF COOK AND LAKE, STATE OF ILLINOIS, as follows: Ln
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SECTION 1. The foregoing recitals are hereby incorporated and made a part of this N
Resolution.
SECTION 2. The Village Manager is hereby authorized and directed to execute the X
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Agreement and to take all actions necessary for its implementation, pending final review and approval
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by the Village Attorney.
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SECTION 3. This Resolution shall be in full force and effect from and after its passage and 0
approval. Q
AYES:
NAYS:
ABSENT:
PASSED: .2021
APPROVED: .2021
1
Packet Pg. 217
9.E.b
APPROVED:
Village President
ATTEST:
Village Clerk
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STATE OF ILLINOIS
CONTRACT RENEWAL
Central Management Services
JP Fleet Fuel Cards
17A16CMS-BOSS4-P-39
The undersigned Agency and Vendor, WE X Bank, (the Parties) agree that the following shall renew the Contract
referenced herein, All terms and conditions set forth In the original Contract, not amended herein, shall remain in full
force and effect as written. In the event of conflict, the terms of this Renewal shall prevail.
IN WITNESS WHEREOF, the Agency and the Vendor cause this Renewal to be executed on the dates shown below by
representatives authorized to bind the respective PARTIES,
VENDOR
Vendor Name: WEX Bank
. . . .. .......
Address. 7090 South Union Park Center, Suite 350
Signature:
City STATE ZIP: Midvale, LIT 84047
Printed Name: Tim Laukka
Phone. 888-842-0075
Title: President/CEO
...............
Fax:
Date: 4/14/2021
aurTigart@wexiric.com
STATE OF ILLINOIS
.......... . . . . ........... . . ...... .. — — — ------
.............
Procuring Agency: Central Management Services
.. . . .
Phone: 866-45S-2897
Street Address: 1000 E Converse St
. . . .........
. ... ...
City, State ZIP: Springfield IL 62702
Official Signature,,',
Date,
Printed Name.
janel L. aide,
.. . ............
Official's Title- Director
by Krysti Rinaldil,
. .. ........
Legal Signatures Agency Purchasing Officer
Date:
Legal Printed Namw
Legal's Title:
. ...............
Fiscal Signature:
Date:
...............
Fiscal's Printed Name"
Fiscal's Title:
.......... ....... .......................
state & Illinois chief PnKunt,ftsmt ofrm
. . ........ . . ....... ...
I
Cantrael RenewO
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I Packet Pg. 219 1
STATE USE ONLY
PBC/REQ# 21-416CM5-BOS5,4-R-87061
Proiect Title Fleet Fuel Cards
Contract # 17-416CMS-BOSS4-P-39 (CMS7903500)
Procurement Method OFB, RFP, Small, etc): Renewal
IPB Ref BB. #
1PB/BB Publication Date: Award Code: B
Subcontractor Utilization? C Yes XF— No
Subcontractor Disclosure? E Yes XE No
Funding Source
Obligation #
CPO 33 — General Counsel Approval:
Signature
Printed Name Date
State of Illinois Chief Procurement Office
Contract Renewal
11 1 r, 17
I Packet Pg. 220 1
11
2.
3.
4.
5.
6.
DESCRIPTION OF CONTRACT BEING RENEWED: 1��S-BOSS4-F-39(previously referenced as
CIVIS7903500) with WEX Bank to provide fleet fuel cards used by agencies while performing State business.
TERMS AND CONDITIONS: This Renewal isonthe same terms and conditions asthe Contract being renewed
except as changed and described herein to ensure that the joint purchase master contract language is included.
2.1 Section G1will have the added Agency Definitions:
Chief Procurement Officer" means the chief procurement officer appointed pursuant to 30 ILCS 500/10- -
20(a)(4). LL
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"Governmental unit" means State of Illinois, any State agency as defined in Section 1-15.100 of the
Illinois Procurement Code, officers of the State ofIllinois, many other public entity created by statute U)
9
with law enforcement component.
04
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2.2 Section 5.1will have the added Agency Specific Terms and Conditions:
The Chief Procurement Officer for General Services makes this contract available to all governmental 04
units. 04
Vendor agrees to extend all terms and conditions, specifications, and pricing ordiscounts specified in
this contract for the items inthis contract toall governmental units,
The supplies or services subject to this Contract shall be distributed or rendered directly to each
governmental unit.
Vendor shall bill each governmental unit separately for its actual share of the costs of the supplies or
services purchased.
The credit or liability of each governmental unit shall remain separate and distinct,
Disputes between vendors and governmental units shall be resolved between the affected parties,
All terms and conditions in this Contract apply with full force and effect to all purchase orders.
RENEWAL TERM: This RENEWAL shall begin July 1, 2021 and shall run through June 30, 202S.
COSTS: based on the same rates.
MAXIMUM AMOUNT: This |sanindefinite quantity master contract.
SUBCONTRACTORS: Will subcontractors be utilized? F-1 Yes E No
6.1.Al| contracts with the subcontractors identified above must include the Standard Certifications
completed and signed by the subcontractor.
6IUthe annual value mfany the subcontracts ismore than $58/X)0 then the Vendor must provide tothe
63. If the subcontractor is registered in the Illinois Procurement Gateway (IPG) and the Vendor is using the
subcontractor's Standard Certifications or Financial Disclosures and Conflicts of Interest from
the IPG, then the Vendor must also provide a completed Forms B for the subcontractor.
6.4. If at any time during the term of the Contract, Vendor adds or changes any subcontractors, Vendor will
be required to promptly notify, in writing, the State Purchasing Officer or the Chief Procurement
Officer of the names and addresses and the expected amount of money that each new or
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replaced subcontractor will receive pursuant to the Contract. Any subcontracts entered into M
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prior to award of the Contract are done at the Vendor's and subcontractor's risk.
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STATE OF ILLINOIS
TAXPAYER IDENTIFICATION NUMBER
...... .............
I certify that:
The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued
EMME,
I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been
W
notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all '30
interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and
7@
1 am a U.S. person (including a U.S. resident alien).
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• if you are an individual, enter your name and SSN as it appears on your Social Security Card. X
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If you are a sole proprietor, enter the owner's name on the name line followed by the name of
the business and the owner's SSN or EIN. Ln
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0 If you are a single -member LLC that is disregarded as an entity separate from its owner, enter N
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the owner's name on the name line and the D/B/A on the business name line and enter the owner's SSN C�
or EIN. W
• If the LLC is a corporation or partnership, enter the entity's business name and EIN and for
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corporations, attach IRS acceptance letter (CP261 or CP277).
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• For all other entities, enter the name of the entity as used to apply for the entity's EIN and the EIN.
Name:
Business Name: WEX Bank
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Taxpayer Identification Number:
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Social Security Number:
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Employer Identification Number: 84-1425616 LL
Legal Status (check one):
E] Individual F-1 Governmental
] sole Proprietor ❑ Nonresident alien
R Partnership Estate or trust
F] Legal Services Corporation Pharmacy (Non -Corp.)
Tax-exempt Pharmacy/Funeral Home/Cemetery (Corp.)
Corporation providing or billing Limited Liability Company
medical and/or health care services (select applicable tax classification)
Corporation NOT providing or billing 0 C = corporation
medical and/or health care services P = partnership
Signature of Authorized Representative:
Date: 4/14/2021
I Packet Pg. 223 1
9.E,d
STATE IS
CONTRACT UIIE O II �
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The Parties to this contract are the State of Illinois acting through the undersigned(collectively,
the Vendor. This contract, consisting of the signature page and numbered sections listed below and any attachments X
referenced in this contract,:« the entirecontract between, Parties
contract, and in signing the contract, the Contractor affirms that the Certifications and if applicable the Financial LO
Disclosures M', Conflictsof #, hereto are true and accurate as of date of # #execution
0 the contract, This contract supersedes all prior proposals, contracts and understandings between the Parties Q
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In consideration of the mutual covenants and agreements contained In this contract, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the terms and
dates shown on the following CONTRACT SIGNATURES page.
State of 1111 b Waf ftwurement offike
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CONTRACr
Central Management Services
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VENDOR ------------ ---------- .
. . .. ... .. ... ------
Vendor Name� WEX Bank
Address: 7090 South Union Park Center, Suite 350,
.............. . . ................................ . ... . .... .. . ............. . ..
Midvale, UT 84047
. ....... ................. . ... . .... . ....... . . .......... ...............
Signature.
Phone: 888,,842.0075
. ... ... ... ...
Printed Name: Kirk Weiler
Fax:
— ....... . ...................... ..............................
Title: President/CEO
.......... ..... ................
Email:
----------
Date: t-;o I I &
. ............
. . . . . .......................... . ........... .. . ........
STATE OF ILLINOIS
Procuring Agency: Central Management Services
Phone: 217,557.5695
Street Address: 401 S, Spring
Fax-, 217.782.5187
City, State ZIP: Springfield, IL 62706
Official Signature:
' jDa t e:
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Printed Name: Michael Hoffman
Official's Title: Acting Director
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Legal Signature:
Date.
Legal Printed Name. Michael Basil
Legal Title:
Fiscal Signature:
Date:
Fiscal Printed Name: Karen Pape
Fiscal Title:
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State or 1111nols Old Procurement Offke
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The State operates over 12,500 vehicles through various agencies, boards and
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commissions under the jurisdiction of the Governor. Additionally, vehicles operated by local
governmental units, universities and constitutional officers may utilize services under this
contract — referred to as the "Fleer. Vehicles include, but are not limited to, passenger cars,
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trucks, highway maintenance, law enforcement, public health and safety, and airplanes, all of X
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which require 24-hour fuel purchase capability. About 9,500 of the vehicles in the state fleet are
considered passenger type vehicles. Fleet uses multiple fuel types Including gasoline, RFG, E-85, LO
bio diesel, diesel and aviation fuel. C�
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1.11 Vendor will provide fleet fuel cards that allow drivers of the Fleet to make fuel purchases.
Vendor is not required to guarantee the supply of fuel at any of the locations in the venclor's
network.
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102 counties and shall encompass a variety of branded and independent gas stations.
1.1.4 Vendor will provide fueling networks outside of the State of Illinois and occasionally
internationally. Any additional costs associated with usage of these networks are Identified In
the pricing section of this contract.
7-7.b—ifn'Me M11,1; rerer 51375 IFT-79
to achieve maximum level of participation. Inclusion into the vendor's fuel network will be
subject to the vendor's standard practices and will not be unreasonably withheld. Minimum
Information to be provided by the State to the vendor's merchant acquisition team includes fuel
merchint name, address, contact person, phone and fax numbers, ex0ected utilization/volume
-hr,ii-Ti-t harNzet—and t'l'o-Aw k�-%
the referral.
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herein remain the same.
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this contract. Other offices of elected officials, higher education and local governmental units
contract but are not required to do so.
1.1.8 Fuel Network Administration
a. Upon contract execution, vendor will provide an online site directory of available
fueling locations that can be searched by brand, city, state and zip code and that is
available 24/7 via WEXOnline.
4
State of 11finak Chief Procurement Office
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drivers with card usage, fuel locations, and security and service features.
c. Vendor will supply a paper directory of available fueling locations, by state,upon
request at no cost.
d. Vendor shall provide access to agencies and drivers to the Daily Best Fuel Price and
Fuel Price Mapping components of their web page, Access can be achieved by utilizing
WEX Connect on cell phones with integrated text -to -speech technology 24 hours a
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Flying J, Love's, and Petro), truck stops, If requested.
Information Management and Data Exchange
a. Vendor will provide standard Accounts Receivable reports for Agency Vehicle
Coordit-ators.
billing and reporting questions 24 hours a day, 7 days a week.
PIP"T IMMATM
State on bng structure and payment methods.
d. Vendor will, to the extent available, provide all fuel transaction data including
odometer,pin specific, cost, quantity, fuel type, product codes, vehicle Id, and etc. for
automated billing and reporting for fleet. Data capture is at Level III which includes
transaction specific, pin specific and quantity Information for tax exemption.
merchants to correct any product code errors.
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helps identify which merchants Fleet is using and whether saving money;
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assist in identifying are as of cost savings opportunities.
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as desired.
Vehicle Profile: broad view of vehicles and assets across multiple accounts.
to
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Driver Profile.- broad view of drivers across multiple accounts.
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(3) Transaction Reports:
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Ad Hoc Transaction: provides posted transaction details for a specific period of
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Ad Hoc Transaction Summary: provides overview of posted transaction details
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certain dollar amounts
usage and policies.
(4) Exception Reports:
Ad Hoc Exceptions� view posted transaction details for exceptions
(5) Benchmarking Reports:
Business Enterprise: monthly roll up of transactions at minority and women -
owned merchants
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pricing trends
(6) Billing Cycle Reports:
Purchase Activity: standard billing cycle reports
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1.1.10 Security
a. Vendor will assign valid Driver Identification Numbers (DID). The DID will be
State of 1111nD6 Chief Procurement Office
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b. Vendor Is able to provide the following controls at the request of CMS and at no
additional cost:
(1) Custom Control: permits all types of purchases at locations accepting the fleet fuel
card based on the coding in the magnetic strip, This includes fuel, maintenance,
oil changes and other general merchandise Items, This comes with the option
for managers to apply Product Type Controls, allowing certain product
categories to be deselected.
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the magnetic strip on the card. Non -fuel purchases are not permitted when
non -fuel items are Identified at the time of authorization.
13) Purchase Controls. allows the State to control the amount and frequency of
purchases on their fleet fuel cards, at the card or the account level. Defining
limits may assist the Agency Vehicle Coordinator to detect and prevent
unauthorized transactions, potentially saving money. Purchase Controls may be
per transaction dollar limit, daily number of transactions limited, time of day
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(S)Automatic Pump Shut -Off: works In conjunction with the parameters of fuel dollars M
per transaction, fuel dollars per timeframe and total dollars for all products; t]
technology allows for shut off if exceeded.
(6) Purchase Alerts: the State receives and email notification when a transaction has
occurred that Is outside the purchase policy. The transaction is authorized,
keeping the driver on the road. Transactions that exceed set parameters will
not be declined, but an email notification will be sent to the Vehicle
Coordinator, notifying them that a parameter has been exceeded.
c. Fraud Prevention: Vendor's Fraud Department will use commercially reasonable
efforts to identify and mitigate fraud, This includes reviewing transaction activity,
P-W-vided however.
the State is responsible for reviewing its reports and/or monitoring Its accounts. The
Fraud Department will provide recommendations to the State to prevent fraud from
occurring and proactively Identify fraudulent situations to minimize losses.
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State of 111I Chief Procufament office
Contract
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-section of this contract,
a. Vendor will be prepared to support the needs of the State in the event of natural
disasters, threats to national security and military mobilization. Vendor recognizes the
critical importance of keeping fuel supplies available so that public sector vehicles can
operate and respond during natural disasters and other emergencies.
b. Vendor's services during these times shall include: emergency plan development
of online emergency card profiles so the State can easily remove or change the card
control limits to support the emergency needs; regular updates outlining which
networks and fuel stations are open and active in disaster areas.
1.1.12 Training
a. Vendor will provide training through either web -based training tools or CDs.
them to visit a website through a hyperlink via email.
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for the key manager and trainers In the State's system.
a. At the request of CMS, Vendor will provide GPS Integration capabilities to provide
custom oversight and management reporting options. Vendor will work with the State
on cost saving options upon asset transfer and/or reduction for vehicles with GPIS.
(1) Option 1 is an "out of the box" Track and Trace solution that includes basic
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and fuel tank levels, reporting capabilities, mobile app and fuel integrated reporting
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(3)Option 3 is very capable tracking, focused on safety and includes alerting and 72
reporting with custom reports, dashboards and interactive driver coaching, mobile app
and single fuel integrated reporting.
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(4) Option 4 focused on complex for industrial utility and construction with fuel W
integrated reporting suite. LO
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b. Additional costs associated with this are Included in the pricing section of this Q
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contract. Also refer to Attachment A. W
a� At the request of CIVIS, vendor will provide data analytics to assist with the
management of fuel consumption, costs and avoidance of theft and abuse.
b. Additional costs associated with this are Included In the pricing section of this
contract.
1.3 VENDOR / STAFF SPECIFICATIONS;
1.3.1 Vendor will provide 24/7 access to trained call center representatives (CSRs) whenever
needed. The toll free number Is on each fleet fuel card.
1.3,2 Each Agency will assign an Agency Vehicle Coordinator to, provide contract administration and to
serve as the contact person responsible.
1.3.3 Vendor will provide a Government Relationship Manager: DeniseBaumgart 21771W 123rd
Terrace, Olathe, KS 66061 phone 913.393.3208; fax 207,791.1687 and email
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1.3.4 Vendor will provide Account Manager, Dan Neuville, day-to-day primary contact for Vehicle
Coordinators.
,State of Hhno�s Mef ProcuVerne"t Dfrwe
Contract
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Subcontractors are allowed.
For purposes of this section, subcontractors are those specifically hired to perform all or part of the
work covered by the contract. If subcontractors will be utilized, Vendor must Identify below the names
and addresses of all subcontractors it will be entering Into a contractual agreement that has an annual
I
value of $50,000 or more In the performance of this Contract, together with a description of the work to
be performed by the subcontractor and the anticipated amount of money to the extent the information
is known that each subcontractor is expected to receive pursuant to the Contract. Attach additional
sheets as necessary.
1.5.1 Will subcontractors be utilized? E] Yes Z No
1.5.2 If at any time during the term of the Contract, Vendor adds or changes any subcontractors,
Vendor will be required to promptly notify, in writing, the State Purchasing Officer or the Chief
Procurement Officer of the names and addresses and the expected amount of money that each
new or replaced subcontractor will receive pursuant to the Contract. Any subcontracts entered
into prior to award of the Contract are done at the Vendor's and subcontractor's risk.
1.5.3 Vendor shall report any payments made to any subcontractor that Is certified with the State of
Illinois as a Business Enterprise Program or Veteran Business Program participant no later
than August 31" of each for the preceding fiscal year (July through June).
1.6 WHERE SERVICES ARE TO BE PERFORMED: Unless otherwise disclosed In this section all services shall
be performed in the United States. If the Vendor performs the services purchased hereunder in another
country in violation of this provision, such action may be deemed by the State as a breach of the
contract by Vendor.
Vendor shall disclose the locations where the services required shall be performed and the known or
anticipated value of the services to be performed at each location. If the Vendor received additional
breach
of contract if the Vendor shifts any such work outside the United States.
State of Mlno�s Chlel Procurement Wrice
Contract
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Location where services will be performed. Drivers will use the WEX Fleet card at
locations that accept the card.
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2.1 TYPE OF PRICING: The Illinois Office of the comptroller requires the State to Indicate whether the
contract value is firm or estimated at the time it is submitted for obligation. The total value of this
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ir,,4.1. Vendor's Price for the Initial Term;
a. Vendor will Issue a monthly price deduction, credited two months in arrears, of 15% of all
Monthly Retail Transactions. This rebate is based upon payment In full within 30 days of the
date of the invoice. "Monthly Retail Transactions" shall mean the total amount of all purchases
made using Cards (as defined In Vendor's Supplementary Terms) at retail locations that appear
on Invoices provided to you in a calendar month. Monthly Retail Transactions shall not include;
(1) those amounts representing credits, disputed items, fees, late fees or charges posted to your
accounts (such as returned check fees, collection costs, administrative fees and reporting fees),
(ii) fuel purchased at Tier I Truck Stop locations (currently Flying J, Loves, Petro, and Pilot), or
(III) any amounts posted to an account with respect to which a Card has been reported lost or
stolen. Rebates for International transactions shall be paid at a rate of 50% of the appkiati4e,
rebate percentage.
b. Merchant Price Adjustments: The following Is a list of WEX accepting merchants for State and
participating entities that provide additional discounts:
Merchant price adjustments are based on a) use of the WEX card at the location and b) the
merchant participation in the vendor's fuel program.
�Ieasc rive, flhiat th,- merdiaiit may vys�;eAl, m*16i ix tke vexIsr's
fuel program at any time. Merchants may be added in the vendor fuel program during the life
of this contract and, as such, the price adjustments will be Included.
There is no guarantee that these price adjustments will remain the same throughout the life of
the contract and are subject to annual review by the merchant of State's and participating
entity's purchasing volume at the merchant's locations. These price adjustments wil�l be paid
monthly in arrears directly to the qualifying entity.
state of Illinois Wef Nowerment 01fice
Contract
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*Tier I Truck Stop locations are currently Flying J,
Loves, Petro and Pilot
Clearview 0-999 cards $.go per card per month
1,000-9,999 cards $.60 per card per month
10,000+ cards $.40 per card per month
2.4.3. GPS Additional Pricing:
Option 1 Unit Cost $190�92 Monthly Cost $24.13
Option 2 Unit Cost $201.01 Monthly Cost $22.27
Option 3 Unit Cost $100.76 Monthly Cost $19,14
Option 4 Unit cost $393.93 Monthly Cost $27.15
chipping rates will apply. Unit prices will not exceed list price. WEX reserves the right to offer
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lepending on the vehicle. Payment plans are available that amortize hardware costs over 12,
24, or 36 months.
2.4.4. Renewal Compensation: if the contract is renewed, the price shall be at the same rate as for the
initial term.
2.5 MAXIMUM AMOUNT: N/A as this is an Indefinite quantity master contract.
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Contract
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3.1 TERM OF THIS CONTRACT: This contract has an Initial term of July 1, 2016 to June 30, 2021. If a start
date is not identified, the term shall commence upon the last dated signature of the Parties,
3.1.1 In no event will the total term of the contract, Including the initial term, any renewal terms a
any extensions, exceed 10 years, i
3.11 Vendor shall not commence billable work In furtherance of the contract prior to final executior
of the contract except when permitted pursuant to 30 ILCS 500/20-80.
3.2 RENEWAL:
3.2.1 Any renewal Is subject to the same terms and conditions as the original contract unle'"
otherwise provided in the pricing section. The State may renew this contract for any or all of t.
option periods specified, may exercise any of the renewal options early, and may exercise mo
than one option at a time based on, continuing need and favorable market conditions, when
the best Interest of the State, The contract may neither renew automatically nor renew solely
the Venclor's option.
3.2.2. Pricing for the renewal term(s), or the formula for determining price, is shown in the prici
section of this contract. i
3,23. The State reserves the right to renew for a total of up to four (4) years In any one of the
following manners:
11!1111 111111111111111111 11111 111 1111 1 V !1 1 1
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3.3 TERMINATION FOR CAUSE: The State may terminate this contract, In whole or In part, Immediately
upon notice to the Vendor if: (a) the State determines that the actions or inactions of the Vendor, its
agents, employees or subcontractors have caused, or reasonably could cause, jeopardy to health, safety,
or property, or (b) the Vendor has notified the State that It Is unable or unwilling to perform the
contract,
If Vendor falls to perform to the State's satisfaction any material requirement of this contract, is in
violation of a material provision of this contract, or the State determines that the Vendor lacks the
financial resources to perform the contract, the State shall provide written notice to the Vendor to cure
the problem identified within the period of time specified in the State's written notice. If not cured by
or (b) enforce the terms and conditions of the contract.
72
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For termination due to any of the causes contained in this Section, the State retains its rights to seek any
available legal or equitable remedies and damages.
13
State of 11111nols CNef Procurement Office
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3.4 TERMINATION FOR CONVENIENCE: The State may, for its convenience and with 30 days prior written
notice to Vendor, terminate this contract in whole or In part and without payment of any penalty or
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3.4.1. The Vendor shall be entitled to compensation upon submission of invoices and proof of cla irl
for supplies and services provided in compliance with this contract up to and including the da
of termination. N
3.5 AVAILABILITY OF APPROPRIATION: This contract is contingent upon and subject to the availability of
funds. The State, at Its sole option, may terminate or suspend this contract, in whole or in part, without
penalty or further payment being required, if (1) the Illinois General Assembly or the federal funding
source fails to make an appropriation sufficient to pay such obligation, or If funds needed are insufficient
for any reason (30 ILCS 500/20-60), (2) the Governor decreases the Department's funding by reserving
some or all of the Department's appropriation(s) pursuant to power delegated to the Governor by the
Illinois General Assembly, or (3) the Department determines, in its sole discretion or as directed by the
Office of the Governor, that a reduction is necessary or advisable based upon actual or projected
budgetary considerations. Contractor will be notified In writing of the failure of appropriation or of a
reduction or decrease.
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,41.1 Late Payment: Payments, Including late payment charges, will be paid in accordance with t
State Prompt Payment Act and rules when applicable. 30 ILCS 540; 74 111. Adm. Code 900. T
shall be Vendor's sole remedy for late payments by the State. Payment terms contained
Vesclor's Invoices shall have no force and effect. I
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4.1.3 Expenses: The State will not pay for supplies provided or services rendered, including relatffl
expenses, incurred prior to the execution of this contract by the Parties even if the effecti
date of the contract Is prior to execution. i
41.4 Prevailing Wage: As a condition of receiving payment Vendor must (i) be in compliance with the
contract, (H) pay its employees prevailing wages when required by law, (iii) pay its suppliers and
subcontractors according to the terms of their respective contracts, and (Iv) provide lien waivers
to the State upon request. Examples of prevailing wage categories include public works,
printing, janitorial, window washing, building and grounds services, site technician services,
natural resource services, security guard and food services. The prevailing wages are revised by
the Department of Labor and are available on the Department's official website, which shall be
deemed proper notification of any rate changes under this subsection. Vendor is responsible for
contacting the Illinois Department of Labor to ensure understanding of prevailing wage
requirements at 217-782-6206 or (httQ-,Uwww.,qate.il.us/agengLidgi�ndexhtm,).
4.1,5 Federal Funding: This contract may be partially or totally funded with Federal funds, If federal
funds are expected to be used, then the percentage of the good/service paid using Federal
funds and the total Federal funds expected to be used will be provided In the award notice.
4.1Z Invoicing: By submitting an invoice, Vendor certifies that the supplies or services provided meet
all requirements of the contract, and the amount billed and expenses Incurred are as allowed in
the contract. Invoices for supplies purchased, services performed and expenses incurred
through June 30 of any year must be submitted to the State no later than July 31 of that year,
otherwise Vendor may have to seek payment through the Illinois Court of Claims. 30 ILCS
105/25. All invoices are subject to statutory offset. 30 ILCS 210.
4.1.6.1 The State shall participate in Vendor's Tax Program, as described in Attachment 8, and
comply with the terms of such program.
4.1.6.2 Vendor will include transactions that have posted to the system during the billing cycle
and may not Include transactions that have been made during the billing cycle.
4.1.6.3 Vendor will provide online invoicing access for every account via WEXUnk or
WEXOnline. State agencies are instructed to utilize the online reporting and invoicing in
an effort to follow the Green Illinois initiative of reducing paper consumption.
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State of Mine s Chief Procurement office
Contract
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4.1.6.4 Vendor will invoice each Agency net of all Federal excise taxes on all fuel types,
regardless of merchant participation, since the State is qualified as tax exempt.
4.1,6,6 Vendor shall follow the Prompt Payment Act. Accounts with balances over 120 days
from the invoice date may be subject to temporary suspension. The Parties agree to
review and potentially renegotiate the Vendor's ability to suspend accounts that have
not been paid within 120 days of the invoice date once the State of thinols has passed a
budget.
Agency/University: Applicable Agency will provide
�nd
invoicl—R, Information
Attn:
Address:
KBE= -
State ohilinob Chief Procurement Office
Contract
V. 1512
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subcontractor for a period of three years from the later of final payment under the term or completion
of the subcontract. If federal funds are used to pay contract costs, the Vendor and its subcontractors
must retain its records for five years, Books and records required to be maintained under this section
shall be available for review or audit by representatives of: the procuring Agency/University, the
tie r1jef Procureift)evtOft9cer.-State-otAt[inois-�-naI
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any investigation conducted by any of these entities, Failure to maintain books and records required by
this section shall establish a presumption in favor of the State for the recovery of any funds paid by the
State under the contract for which adequate books and records are not available to support the
purported disbursement. The Vendor or subcontractors shall not Impose a charge for audit or
examination of the Vendor's books and records. 30 ILCS 500/20-65.
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4.5 TIME IS OF THE ESSENCE, Time Is of the essence with respect to Vendor's performance of this contract.
Vendor shall continue to perform its obligations while any dispute concerning the contract is being
resolved unless otherwise directed by the State.
4.6 NO WAIVER OF RIGHTS: Except as specifically waived in writing, failure by a Party to exercise or enforce
a right does not waive that Party's right to exercise or enforce that or other rights in the future.
4.7 FORCE MAJEURE: Failure by either Party to perform its duties and obligations will be excused by
unforeseeable circumstances beyond its reasonable control and not due to its negligence, including acts
of nature, acts of terrorism, riots, labor disputes, fire, flood, explosion, and governmental prohibition.
The non -declaring Party may cancel the contract without penalty If performance does not resume within
30 days of the declaration.
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t.9 USE AND OWNERSHIP: Notwithstanding other provisions contained herein, the State recognizes that
this is a contract for fleet fuel card services and that Vendor will be providing credit to the State as well
as ancillary services related to the credit being provided, Therefore, Vendor shall retain all ownership of
its systems and report formats. However, the State shall retain ownership rights in its own transaction
72
data from the purchases it makes using the Write Express Card Program. All work performed or supplies
created by Vendor under thIs contract, whether written documents or data, goods or deliverables of any
kind, shall be deemed work for hire under copyright law and all intellectual property and other laws, and
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the State of Illinois is granted sole and exclusive ownership to all such work, unless otherwise agreed in
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writing. Vendor hereby assigns to the State all right, title, and interest in and to such work including any
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related Intellectual property rights, and/or waives any and all claims that Vendor may have to such work
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including any so-called "moral rights" In connection with the work. Vendor acknowledges the State may
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use the work product for any purpose. Confidential data or information contained in such work shall be
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subject to confidentiality provisions of this contract.
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4.10 INDEMNIFICATION AND LIABILITY: The Vendor shall indemnify and hold harmless the State of Illinois,
Its agencies, officers, employees, agents and volunteers from any and all costs, demands, expenses,
losses, claims, damages, liabilities, settlements and judgments, including In-house and contracted
attorneys' fees and expenses, arising out of. (a) any breach or violation by Vendor of any of its
certifications, representations, warranties, covenants or agreements; (b) any actual or alleged death or
injury to any person, damage to any property or any other damage or loss claimed to result in whole or
in part from Vendor's negligent performance; 1c) any act, activity or omission of Vendor or any of its
employees, representatives, subcontractors or agents; or (d) any actual or alleged claim that the services
or goods provided under the contract infringing, misappropriating, or otherwise violating any
intellectual property (patent, copyright, trade secret, or trademark) rights of a third party. Neither Party
shall be liable for Incidental, special, consequential or punitive damages.
4.11 INSURANCE: Vondor shall, at all times during the term and any renewals maintain and provide a
Certificate of Insurance naming the State as additionally Insured for all required bonds and insurance.
Certificates may not be modified or canceled until at least 30 days' notice has been provided to the
State, Vendor shall provide: (a) General Commercial Liability occurrence form in amount of $1,000,001
per occurrence (Combined Single Limit Bodily Injury and Property Damage) and $2,000,000 Annual
Aggregate; (b) Auto Liability, including Hired Auto and Non -owned Auto, (Combined Single Limit Bodily
Injury and Property Damage) In amount of $1,000,000 per occurrence; and (c) Worker's Compensation
Insurance in amount required by law. Insurance shall not limit Vendor's obligation to indemnify, defend,
or settle any claims.
4.12 INDEPENDENT CONTRACTOR: Vendor shall act as an independent contractor and not an agent or
employee of, or joint venture with the State. All payments by the State shall be made on that basis.
4.13 SOLICITATION AND EMPLOYMENT: Vendor shall not employ any person employed by the State during
the term of this contract to perform any work under this contract. Vendor shall give notice immediately
to the Agency's director if Vendor solicits or intends to solicit State employees to perform any work
under this contract.
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State of 114nois Chief Procurement Offike
Contract
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4.14 COMPLIANCE WITH THE LAW: The Vendor, Its employees, agents, and subcontractors shall comply with
all applicable federal, state, and local laws, rules, ordinances, regulations, orders, federal circulars and
all license and permit requirements In the performance of this contract. Vendor shall be in compliance
with applicable tax requirements and shall be current in payment of such taxes. Vendor shall obtain at
its own expense, all licenses and permissions necessary for the performance of this contract.
4.1S BACKGROUND CHECK: Whenever the State deems it reasonably necessary for security reasons, the
State may conduct, at its expense, criminal and driver history background checks of Vendor's and
subcontractors officers, employees or agents who will consistently be on the State's premises. For all
other Vendor personnel, Vendor will follow Vendor's policies and procedures related to background
checks. Vendor or subcontractor shall reassign immediately any such Individual who, in the opinion of
the State, does not pass the background check.
4.16 APPLICABLE LAW: This contract shall be construed in accordance with and is subject to the laws and
rules of the State of Illinois. The Department of Human Rights' Equal Opportunity requirements (44 111.
Adm. Code 750) are incorporated by reference. Any claim against the State arising out of this contract
must be filed exclusively with the Illinois Court of Claims. 705 ILCS, 505/1. The State shall not enter into
binding arbitration to resolve any contract dispute, The State of Illinois does not waive sovereign
Immunity by entering into this contract. The official text of cited statutes is incorporated by reference.
An unofficial version can be viewed at (www,0ga.2ov lg�'
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4.17 ANTI-TRUST ASSIGNMENT: If Vendor does not pursue any claim or cause of action it has arising under
federal or state antitrust laws relating to the subject matter of the contract, then upon request of the
Illinois Attorney General, Vendor shall assign to the State rights, title and Interest in and to the claim or
cause of action.
4.18 CONTRACTUAL AUTHORITY: The Agency that signs for the State of Illinois shall be the only State entity
respo6sible for performance and payment under the contract. When the Chief Procurement Officer or
authorized designee signs in addition to an Agency, they do so as approving officer and shall have no
liability to Vendor. When the Chief Procurement Officer or authorized designee, or State Purchasing
Officer signs a master contract an behalf of State agencies, only the Agency that places an order with
the Vendor shall have any liability to Vendor for that order.
4.19 NOTICES: Notices and other communications provided for herein shall be given In writing by registered
or certified mail, return receipt requested, by recelpted hand delivery, by courier (UPS, Federal Express
or other similar and reliable carrier), by e-mail, or by fax showing the date and time of successful receipt.
Notices shall be sent to the individuals who signed the contract using the contact information following
the signatures. Each such notice shall be deemed to have been provided at the time it is actually
received. By giving notice, either Party may change the contact Information.
4.20 MODIFICATIONS AND SURVIVAL: Amendments, modifications and waivers must be in writing an;
signed by authorized representatives of the Parties. Any provision of this contract officially declared
void, unenforceable, or against public policy, shall be ignored and the remaining provisions shall be
interpreted, as far as possible, to give effect to the Parties' intent. All provisions that by their nature
19
State of lfluwis Chief Procurement office
Contract
V. 15o2
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would be expected to survive, shall survive termination. In the event of a conflict between the State's
and the Vendor's terms, conditions and attachments, the State's terms, conditions and attachments
shall prevail. z
4.21 PERFORMANCE RECORD / SUSPENSION: Upon request of the State, Vendor shall meet to discuss
72
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performance or provide contract performance updates to help ensure proper performance of the
contract. The State may consider Vendor's performance under this contract and compliance with law
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and rule to determine whether to continue the contract, suspend Vendor from doing future business
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with the State for a specified period of time, or to determine whether Vendor can be considere
responsible on specific future contract opportunities.
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4.22 FREEDOM OF INFORMATION ACT: This contract and all related public records maintained by, provided
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to or required to be provided to the State are subject to the Illinois Freedom of Information Act (FOIA)
(50 ILCS 140) notwithstanding any provision to the contrary that may be found In this contract.
4.23 SCHEDULE OF WORK: Any work performed on State premises shall be done during the hours
designated by the State and performed in a manner that does not interfere with the State and Its
personnel.
414.1. Vendor warrants that the supplies furnished under this contract will: (a) conform to the
standards, specifications, drawing, samples or descriptions furnished by the State or furnished
by the Vendor and agreed to by the State, including but not limited to all specifications attached
as exhibits hereto; (b) be merchantable, of good quality and workmanship, and free from
defects for a period of twelve months or longer if so specified in writing, and fit and sufficient
for the intended use; (c) comply with all federal and state laws, regulations and ordinances
pertaining to the manufacturing, packing, labeling,.sale and delivery of the supplies; (d) be of
good title and be free and clear of all liens and encumbrances and; (e) not infringe any patent,
copyright or other intellectual property rights of any third party. Vendor agrees to reimburse
the State for any losses, costs, damages or expenses, including without limitations, reasonable
atturney's fees and expenses, arising from failure of the supplies to meet such warranties.
4.24.2. Vendor shall Insure that all manufacturers' warranties are transferred to the State and sh
provide a COPY of the warranty, These warranties shall be In addition to all other warrand
express, implied or statutory, and shall survive the State's payment, acceptance, Inspection
failure to inspect the supplies.
4,24.3. Vendor warrants that all services will be performed to meet the requirements of the contract In
an efficient and effective manner by trained and competent personnel. Vendor shall monitor
performances of each individual and shall reassign immediately any individual who is not
performing In accordance with the contract, who Is disruptive or not respectful of others in the
workplace, or who In any way violates the contract or State policies.
20
State of 11finols chief Ptocurement office
Contract
V, 152
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4.25 REPORTING, STATUS AND MONITORING SPECIFICATIONS: Vendor shall Immediately notify the State of
any event that may have a material impact on Vendor's ability to perform the contract.
z
416 EMPLOYMENT TAX CREDIT: Vendors who hire qualified veterans and certain ex -offenders may be 72
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eligible for tax credits. 35 ILCS 5/216, 5/217. Please contact the Illinois Department of Revenue 0
(telephone #� 217-524-4772) for information about tax credits, Vendors must report the hiring of z
qualified veterans and certain ex -offenders by August 31" of each year. U-
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S.I. STATE SUPPLEMENTAL PROVISIONS z
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Agency/University Definitions
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Prevailing Wage Oanitorial cleaning, window cleaning, building and grounds, site technician,
natural resources, food services, and security services, If valued at more than $200 per month or
$2,000 per year or printing) 30 ILCS 500/2S-60.
N/A
Agency/University Specific Terms and Conditions
N/A
other (describe)
N/A
5.2. VENDOR SUPPLEMENTAL PROVISIONJ
See Attachment C,
22
State of fillnWs Wef Procurement Offike
Contract
V ISI
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Fleet Fuel Card Services
WEX Bank
CMS7903500
Attachment A
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'FAX EXEMPTION, RECOVERY, AND REPORTING PROGRANI
Federal Gasoline and Diesel Excise Tax -Exempt Program
WEX will invoice you net of all Federal excise taxes on gasoline and diesel, at the transaction level,
regardless of merchant participation if you are qualified as tax-exempt.
State Sales, County and Local Taxes at Participating therchants
for applicable motor fuel transactions based on merchant participation. The program supports the
following levels of tax, including:
• State Primary (Excise Tax)
• State Secondary (Sales Tax)
• State Special
• County Primary (Excise Tax)
• County Secondary (Sales Tax)
• County Special
• City Primary (Excise Tax)
• City Secondary (Sales Tax)
• City Specia I
Your tax-exempt reporting through WEXOnlineo, WEXLink' 300, and the paper PAR (Purchase Activity
Report) shows:
0 Exempted Tax, at the transaction level
0 Reported Tax, at the transaction level
0 Summary of tax types by product for both exempted and reported transactions (available on the
paper PAR only)
State Sales Tax and County Tax at Non -Participating Merchants
For fueling transactions with those fuel marketers who do not participate in the WEX tax-exempt
tion, WEX reports applicable taxes as
,v#_-gizr'M1M*r#Wzhich the fleet is eligible to receive tax exem�*.
"showtax," "Showtax" transactions clearly list any transactions and tax amounts that WEX does not
exempt so the fleet can file for exemption directly. Many fleets use their WEXLink'*" data file to aid in
the recovery of taxes that could not be excluded through the tax-exempt program. Your reporting
shows:
• Exempted tax, by transaction
• Reported tax, by transaction
• Summary of tax types by product for both exempted and reported transactions
I Packet Pg. 250 1
Tax Exemption for Non -Fuel Purchases
For non -fuel transactions, merchants may provide transactional data to WEX net of tax on a fleet -by -
fleet basis at their discretion, Your drivers must supply the merchant with proper documentation of
their tax-exempt status at the point of sale. The merchant will then send the transaction to WEX net of
tax for billing.
Quatification
qualification to receive the tax exemption based upon the rules and criteria set by the appropriate
taxing jurisdiction.
Required Data
Tax Exemption processing requires that the merchant provide electronically to WEX the following data
points:
• Account Number
• Account Name
• Type of Fuel
• Gallons
• Price per gallon
• Total gross sale
Please note that not all transactions may have exemptions applied to them. WEX is not able to exe M
aA,-flica�lz fytl taxas-tn traiisacti#ms t�at are Ar*vi(te� wit�X ceXiiAO?t,2 eleme-Ats Vc2t ?.re -aissixg,73
may be autocorrected. Taxing jurisdictions require documentation from the party providing the
exemption of the type of fuel, gallons purchased and price per gallon. There are occasions where the
tatiat. tjWifori these transactions will not gi
OF0, 0001 W_ 00
be able to repost these transactions and apply the applicable exemptions.
I Packet Pg. 251 1
UIREWL&L411M
A51 4 ITI 11SIX111 a 24 4 IT, 1411 MT61M
1. Definitions. The following words have the following meanings:
"Account(s)" means the charge card credit line extended to Company by Issuer. An Account may be evidenced by a
plastic Card or an account number.
"Account User" means Company or any other entity or individual authorized by Company to use Account or Cards.
"Agreement" means this Fleet Business Charge Card Agreement.
"'Business Day" means any day other than a Saturday, Sunday or other day on which banking institutions in Utah are
generally authorized or required by law or executive order to close.
"Card" means a charge card provided by Issuer which is used to access Company's Account.
"Controls" are a set of authorization tools designed to assist Company with managing purchases.
"'Company" means the corporation, partnership, limited liability company, proprietorship or other business entity tha)
has applied for, or accepted an Account with Issuer.
"DIN", "DID" or "PIN" means the identification number associated with an Account User or Card.
"Issuer" means WEX Bank.
"Transaction" means the use of a Card or Account to buy goods or services at accepting merchants.
"Unauthorized Transaction" means a Transaction made on a Card or Account by any person or entity other than an
Account User.
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State of Illinois Chief Procurement Office
Contract
V151 Packet Pg. 252
#f Company's access to Issuer's website through the Internet or dial -in computer, notwithstanding reasonable securilT
measures instituted by Issuer.10.2, Changes in Law: In the event that there is a change in applicable law deemed '
Issuer to be material to the administration of the program, Issuer may seek to re -negotiate the terms, including but In
limited to, the financial terms, of this Agreement. The Company shall have no obligation to renegotiate such ter
provided, that if the parties cannot agree on an adjustment of such terms, then Issuer may, at its option: (i) allow this
Agreement to remain in effect without any such adjustment; or (H) terminate this Agreement upon as much written 72
notice as practicable to the Company.
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Contract
VA5.2
I Packet Pg. 255 1
ADDENDUM TO THE FUEL CARD SERVICES AGREEMENT BETWEEN
-------------- WEX BANK AND THE STATE OF ILLINOIS (the "STATE")
--- --------- — —CREDIT INFORMATION . . ...... .
Participating Entity agrees that in the event the account is not paid as agreed, VVEX BANK may report the undersigned's liability for and the status of the account to credit
bureaus and offiers who may lawfully receive such information.
........................... . ......................... . . .......... .. .... . ... ...... -- ............ . ............ - . . .... . ....... . . . — - - - - ---------- - ...........
Participating Entity Phone # I Fax#
Headquarters Name and Physical Address (Do not include PO Box) Appli ant's Taxpayer ID # (TIN, FEIN or SSN)
.......... .................................................................................... ............................................................... . ..................................................................................................................... ................................................. . . . . . . ----
In Business Since (yyyy) Year of I ncorpou ation (yyyy) Nurnber ofVeholes Avg Monthly Fuel Expenditurc-, monthly Service Expenditures
..........
Write Participating Entity name as you wish it to appear on cards. Limit of 20 characters & spaces. Unless specified, no company name will appear on cards.
E
-1 E
E—I E 1:11:10 E-1 1-10 1:1 E] 111 E Fl- 1:1111:1 Lj --]
-- ............ . . .. . .......... . ....... ---- . ....... . ... - ....... . . ...... ..... ....... ............. ----- -
Billing Contact. Billing Address � city Zip+4
. . ..... . . ..... . . . . ..... . . ........... . . ........... . . ................ . . . . ................................ . . ................................ . . . . ..................... . . — - — ------------------------------------------------------------------- . . . . . . . . .... . ......................................................... I ................................................................................ --------------
Designate the Fleet Contact authorized to receive all charge cards, reports, and other such infonnation we provide from firnetotime and totake actions with respect to your
account and account access. This is also the person designated by your company to provide all fleet vehicles, driver and other information we may request.
-------- ------------- . . . . . . . . . . . .................. . . . ...... . . . ....... — ----- — — — -------------------------------------------------------- -- - - ----------------------
Authorized Fleet Contact Name Ide Phone # Fax #
. . . . . . . . . ............................................................................................................................................................................................................................ ... ... . ... ... .. 7 .... .. — ---- — --------- — ----------- --- --- ----- s --te I — - -------------------
-- --- --- q!=
Mailing Address (if different from billing address) City Zip*4
Email address (required to take advantage of product type card controls)
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
.............................
Card Controls: To help us estimate your credit needs, indicate the types of cards you anticipate using.
If you provide a valid small address above, you can select from ftnese product type options:
D All Products 0 Fuel & Service EI Fuel & Fluids with Roadside Assistance JE] Fuel with Roadside Assistance [I Mix of card types
........ . ... ...... . ..................... . . . .....
Check here if business is exempt from motor fuels tax
------------------- -------
DEFINITIONS:
"Agreement" means: Contract No. CMS7903500 effective JU!Xj �201 6 for Fuel Cards and Fuel Management Services (the "Agreement") between the (the
State and WEX BANR-
'Participating Entity" shall mean the Participating Entity as defined in the Agreement permitted to purchase services under the Agreernent, as specified in the
Credit Information above. 7
All other capitalized terms used in this Addendum without definition have the meanings set forth in the Agreement.
AGREEMENTS OF WEX BANK AND PARTICIPATING ENTITY!
I . This Addendum is to allow the Participating Entity to participate under the Agreement between WEX BANK and the State. It does not modify, arnend or
change the Agreement in any way.
2. Participating Entity represents that it is authorized or allowed by the laws of its home state to enter into this Addendum and to participate under the
Agreement.
3. Participating Entity hereby requests the services of WEX BANK described in the Agreement and agrees to perform all duties of a Participating Entity under
the Agreement, including, without limitation, payment of all charges on its account(s) within the time periods provided under the Agreement, payment of any
fees provided in the Agreement, and cooperation with respect to providing all necessary information for the administration of the Agreement. Participating
Entity agrees to be bound by the terms and conditions of the Agreement, including, without limitation, rules for authorized and unauthorized use of cards,
disputes of charges, reporting lost and stolen cards, and all other rules and provisions relating to use of Participating Entity's account.
4, Participa ting Entity acknowledges that its failure to make timely payment in accordance with the terms of the Agreement and/or the Addendum may result �n
suspension or cancellation of the account(s). The undersigned represents and warrants that he/she is duly authorized to execute this Addendum on beha f
of the Participating Entity and this Addendum is the valid and binding obligation of the Participating Entity, enforceable in accordance with its terms.
.INFORMATION SHARING DISCLOSURE: Information regarding your transactions may be provided to accepting merchants or their service providers to facilitate
discounts or other promotional campaigns of interest to you.
U.S.A. PATRIOT ACT: Our bank complies with Section 326 of the USA PAT RIOT Act which requires all financial institutions to obtain, verify, and record
information that identifies each company or person who opens an account. What this nneans for you: when you open an account, we will ask for your name,
address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents for your
business.
DISCLAIMER: THIS IS AN APPLICATION FOR SERVICES AND SHALL NOT BE BINDING UPON WEX BANK UNTIL FINAL CREDIT APPROVAL
i4AS BEEN GRANTED BY WEX BANK.
...... . ... . .............. . .................................... . ....... . . .. . . ..................... - - ------ - ------ . ... . .................. .. . ........... - ---- . . ................................. — -- — ------- ----- - - - — -------
CONTRACTING AGENCY AUTHORIZED SIGNATURE REQUIRED
Any person signing on behalf of the Participating Entity has been dully authorized by all necessary action of Applicant's governing body, and that the undersigned is
authorized to make tho application on behalf of the Participating ::.::ntity.
Signature: Printed Name:
Title: Date:
................................................................................................................................................................................................................................................ . . . . . ........... . . .
. . . . ................. . . .... - --------- - - ------- ---- '- . ...... . .... . . ..................... . . . . ........ ......... . . . . . . . . .. . .. ............................ ............... ....... . . .......
Complete and sign addendum. Fax to 1-866-527-8873.
.......... ........... .................................................................... . . . . .
Oppty Number Sales Code rwe COUP011 COCIE� Account Nuirnber
04
................................................................................................................................................................................................................................ . . . . . . . . ................................................................................................................................................................................................ . . - --------
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04.ADDEND.CRDAPP (08116)
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packet Pg. 256
Information Item : Executive Session- Section 2(C)(2) of the Illinois
Open Meetings Act: Collective Negotiating Matters Between the
Public Body and Its Employees or Their Representatives, or
Deliberations Concerning Salary Schedules for One or More
Classes of Employees.
Recommendation of Action
......................... .
Executive Session- Section 2(C)(2) of the Illinois Open Meetings Act: Collective negotiating matters
between the public body and its employees or their representatives, or deliberations concerning salary
schedules for one or more classes of employees.
Trustee Liaison
Sussman
I Monday, October 18, 2021 1
Staff Contact
Chris Stilling, Community Development
Updated: 10/12/2021 9:46 AM
Page 1
t Pg. 257
Information Item : Executive Session- 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.
Recommendation of Action
..........................
aff recommends approval.
Executive Session - 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.
Trustee Liaison
Ms. Sirabian
I Monday, October 18, 2021 1
Staff Contact
Chris Stilling, Community Development
Updated: 10/12/2021 9:47 AM
Page 1
t Pg. 258