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07/19/2010er . #4194* CITY OF N. AU r--►, DES PLAINES ILLINOIS City Council Agenda Monday, July 19, 2010 Executive Session — 6:00 p.m. Regular Session — 7:00 p.m. Room 102 CALL TO ORDER EXECUTIVE SESSION (to be sent under separate cover) COLLECTIVE BARGAINING REGULAR SESSION ROLL CALL PRAYER PLEDGE OF ALLEGIANCE CITIZEN PARTICIPATION (matters not on the Agenda) ALDERMEN ANNOUNCEMENTS EXECUTIVE SESSION ACTION COLLECTIVE BARGAINING (IF REPORTED OUT) DRAFT. 7/13/2010 12:22 PM Monday, July 19, 2010 City of Des Plaines City Council Agenda Page 12 CONSENT AGENDA: 1. Minutes/Regular Meeting — July 6, 2010 2. Minutes/Executive Session — July 6, 2010 3. Approve Liquor Licensing Renumbering — Housekeeping Ordinance 3a. FIRST READING — ORDINANCE M-28-10/Liquor Licensing Renumbering 4. Authorize the Purchase of One (1) D-17 Patten Inflatable Boat with Trailer in the Amount of $15,995 from Environmental Safety Group, Inc. 570 E. North Frontage Road, Bolingbrook, IL 60440 (FDERF Budgeted funds of $19,200) 4a. RESOLUTION R-98-10/Purchase of New Dive Rescue Boat 5. Accept Proposal for Supervisory Control and Data Acquisition (SCADA) System Phase I Upgrades from MWH Constructors, 370 Interlocken Boulevard, Suite 300, Broomfield, Colorado 80021 in an amount not to exceed $44,300. Source of Funding — Budgeted Water Sewer Funds 5a. RESOLUTION R-99-10/SCADA System Phase I Upgrades from MWH Contractors 6. Accept Illinois Law Enforcement Alarm System (ILEAS) Emergency Operations Center Technology Grant in the amount of $70,074.06 6a. RESOLUTION R-101-10/ILEAS Emergency Operations Center Technology Grant 7. Authorize Cost Sharing Agreement for the Reconstruction of Des Plaines River Road in the amount of $688,484 with Midwest Gaming & Entertainment, LLC, 900 North Michigan Avenue, Suite 1900, Chicago, IL 60611. 95% of the total amount will be due at the execution of the agreement. 7a. RESOLUTION R-103-10/Cost Sharing Agreement with Midwest Gaming for Des Plaines River Road Reconstruction 8. Accept Plat of Dedication for a Portion of Devon Avenue in Conjunction with Improvements and Construction of the Des Plaines Casino 8a. RESOLUTION R-106-10/Acceptance of Plat of Dedication for a Portion of Devon Avenue 9. Authorize Renewal of a 36 -month Contract with Call One for Telephone Services (Voice Grade, Centrex and Low -baud Data Circuits) through the Suburban Purchasing Cooperative Telecommunications Agreement 9a. RESOLUTION R-104-10/Call One Contract Renewal 10. Authorize Execution of Amended Agreement with PNC for the Lease of Two (2) Photocopy Machines previously approved by R-42-10 10a. RESOLUTION R-105-10/Amended Agreement with PNC 11. Authorize Bid Notification for Contractual Snow Plowing 12. Authorize Abatement of Year 2010A and 2010B General Obligation Refunding Bonds in the amount of $140,836.72, as provided for in Ordinance M-44-09 12a. FIRST READING — ORDINANCE M-29-10/Abatement of 2010A and 2010B GO Refunding Bonds 13. SECOND READING - ORDINANCE M-27-10/Change of Liquor License Ownership and Classification for Taqueria Los Amigos END OF CONSENT AGENDA Monday, July 19, 2010 City of Des Plaines City Council Agenda Page 13 COMMITTEE OF THE WHOLE 1. FINANCE & ADMINISTRATION — Alderman Jean Higgason, Chair a. Warrant Register in the amount of $2,547,244.93 — Resolution R-102-10 2. LEGAL & LICENSING — Alderman John Robinson, Chair a. Change of Ownership, JAK Miner, Inc., d/b/a Miner Street Tavern, 1492 Miner Street, Class A J Tavern Liquors Dealers License and Special 4 am Liquor License IF NO ACTION IS TAKEN UNDER NEW BUSINESS, THESE ITEMS WILL APPEAR ON THE AUGUST 2, 2010 CONSENT AGENDA OR UNFINISHED BUSINESS. IF IT IS NECESSARY TO TAKE ACTION ON ANY OF THESE ITEMS THIS EVENING, THEY MUST BE REPORTED OUT BY THE COMMITTEE CHAIRMAN UNDER "NEW BUSINESS" UNFINISHED BUSINESS NEW BUSINESS: IF REPORTED OUT BY COMMITTEE 1. a. RESOLUTION R-102-10/Warrant Register in the amount of $2,547,244.93 2. a. Change of Ownership, JAK Miner, Inc., d/b/a Miner Street Tavern, 1492 Miner Street, Class A J Tavern Liquors Dealers License and Special 4 am Liquor License MANAGER'S REPORT ALDERMEN COMMENTS MAYORAL COMMENTS ADJOURNMENT City of Des Plaines. 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 the meeting(s) or have questions about the accessibility of the meeting(s) or facilities. contact the ADA Coordinator at 391-5486 to allow the City to make reasonable accommodations for these persons. Consent Agenda Item #1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, TUESDAY, JULY 6, 2010 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Martin J. Moylan at 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Tuesday, July 6, 2010. ROLL CALL: Roll call indicated the following aldermen present: Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, and Argus. Also present were: Acting City Manager Slowinski, Assistant Director of Finance Bromber, Police Chief Prandini, Fire Chief Wax, Director of Public Works and Engineering Oakley, Director of Information Technology Duebner, Director of Human Resources Earl, Director of Community & Economic Development Conlan and City Attorney Wiltse. EXECUTIVE Moved by Haugeberg, seconded by Higgason, to go into SESSION: Executive Session to discuss personnel. Motion passed unanimously. PRAYER AND PLEDGE: The City Council recessed at 6:31 p.m. The City Council reconvened at 7:05 p.m. Roll call indicated the following aldermen present: Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, and Argus. The opening prayer was given by The Reverend Valentin Popovici of the Romanian Baptist Church, followed by the Pledge of Al?egiance to the Flag. PRESENTATION: Mr. Robert Sturlini of the Northwest Suburban Detachment of the Marine Corps League presented a certificate of appreciation to Mr. Robert Provenzano, Maine Township Highway Commissioner, in recognition of the dedication and preservat'on of he Be' eau Wood Veterans Memorial located at Ballard and Rand Roads in Des Plaines. Mr. Dick Ohman of the Northwest Suburban Detachment of the Marine Corps League presented a certificate of appreciation to Mayor Moylan and the City of Des Plaines in recogn'tion of the dedication and Page 2 of 14 7/6/10 PRESENTATION: preservation of the Belleau Wood Veterans Memorial (Cont'd) located at Ballard and Rand Roads in Des Plaines. Also present were: George J. Papastrat, Sergeant, USMA Marketing and Public Affairs and Al Kolodziej of the Northwest Suburban Detachment of the Marine Corps League. CITIZEN Mr. Mike Elliott, 1678 Campbell Avenue, addressed the PART.: City Council stating that a law was recently passed regarding the flood insurance program which is in effect until September 30, 2010. Mr. Elliott urged everyone to attend the next meeting of the Flood Action Group on July 19, 2010. CONSENT Aldermen Bogusz and Higgason requested that Items 4 AGENDA: and 4a be removed from the Consent Agenda and Alderman Brookman requested that Items 8, 8a, 10 and 10a. MINUTES: Moved by Argus, seconded by Higgason, to establish a Consent Agenda except for Items 4, 4a, 8, 8a, 10 and 10a. Motion declared carried. Moved by Argus, seconded by Higgason, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, Argus NAYS: 0 -None ABSENT: 0 -None Motion declared carried. The minutes were approved; Staff recommendations and requests were approved; Ordinance M-27-10 was placed on First Reading; and Ordinances M-26-10 and Z-13-10, and Resolutions R-71-10, R-92-10, R-93-10, and R-94- 10 were adopted. Moved by Argus, seconded by Higgason, to approve minutes of the Regular Meeting of the City Council held June 21, 2010, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by Higgason, to approve minutes of the Executive Session of the City Council held June 21, 2010. Motion declared carried as approved unanimously under Consent Agenda. AMEND. LIQ. Moved by Argus, seconded by Higgason, to concur with LIC./967-1/2 Staff recommendation to approve change of ownership S. ELMHURST RD.: Ordinance M-27-10 COND. USE/ 1108 LEE ST.: Ordinance Z-14-10 SPEC. EVENTS/ TENT EXP.: Resolution R-92-10 O'HARE LAKE PUMP #3/ REPAIR: Resolution R-93-10 Page 3 of 14 7/6/10 and classification for Taqueria Los Amigos De Apatzingan, Inc., d/b/a Los Amigos, 967-1/2 South Elmhurst Road, Des Plaines, Illinois 60016 and to add one (1) Class A Tavern Liquor Dealers License and remove one (1) Class E Restaurant Liquor Dealers License for Los Amigos; and further recommend to place on First Reading Ordinance M-27-10, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO DELETE ONE CLASS E LIQUOR LICENSE AND ADD ONE CLASS A LIQUOR LICENSE FOR TAQUERIA LOS AMIGOS DE APATZINGAN, INC., D/B/A LOS AMIGOS LOCATED AT 967 ;1 SOUTH ELMHURST ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Alderman Bogusz requested that this item be pulled from the agenda because he had questions regarding the lack of information on the application for a conditional use permit. Director of Community & Economic Development Conlan reviewed the application for a conditional use and answered questions from the Aldermen. Alderman Higgason stated that she had issues with the Zoning Board of Appeals process. Moved by Bogusz, seconded by Haugeberg, to refer the conditional use permit application for a Money Transfer (Currency Exchange) Operation at 1108 Lee Street, Des Plaines back to Staff for review. Voice Vote - All Ayes. Motion declared carried. Moved by Argus, seconded by Higgason, to concur with Staff recommendation to authorize payment to Jack's Tents for Special Events Tent Rental Fee; and further recommend to adopt Resolution R-92-10, A RESOLUTION AUTHORIZING AN ADDITIONAL PAYMENT TO JACK'S TENTS FOR TENTS, TABLES AND CHAIRS FOR THE 2010 TASTE OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by Higgason, to con,ur with Staff recommendation to authorize Gazvoda & Associates, the regional factory authorized repair facility for KSB, to repair and reinstall O'Hare Lake Pumping Station Pump 3 in the amount of $29,350.00 (75% - FEMA reimbursement; 25% - Water/Sewer Fund); BID AWARD/ STREET LANE MARKING: Resolution R-94-10 BID AWARD/ POLICE DEPT./ SHOOTING RANGE: Resolution R-95-10 BID AWARD/ STREET CRACK SEALING: Resolution R-71-10 Page 4 of 14 7/6/10 and further recommend to adopt Resolution R-93-10, A RESOLUTION AUTHORIZING GASVODA & ASSOCIATES, INC. TO REPAIR AND REINSTALL THE THIRD KSB/PNT STORM WATER PUMP AT O'HARE LAKES PUMPING STATION. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by Higgason, to concur with Staff recommendation to accept bid award through the Northwest Municipal Conference Suburban Purchasing Cooperative for street lane marking from Superior Road Striping, Inc., 1967 Cornell Court, Melrose Park, Illinois 60160 to be funded from budgeted motor fuel tax funds not to exceed $30,000.00; and further recommend to adopt Resolution R-94-10, A RESOLUTION AUTHORIZING THE CITY TO ACCEPT THE LOWEST RESPONSIBLE BID OFFER THROUGH THE NORTHWEST MUNICIPAL CONFERENCE SUBURBAN PURCHASING COOPERATIVE FROM SUPERIOR ROAD STRIPING, INC. FOR STREET LANE MARKINGS. Motion declared carried as approved unanimously under Consent Agenda. Alderman Brookman asked about the amount of money in the asset forfeiture fund. Police Chief Prandini responded $2 million. Moved by Walsten, seconded by Argus, to concur with Staff recommendation to award bid for refurbishment of Police Department Shooting Range to Patriot Range Technologies, 7928 S. Madison Street, Burr Ridge, Illinois 60527 in an amount not to exceed $253,707.50; and further recommend to adopt Resolution R-95-10, A RESOLUTION AUTHORIZING THE CITY TO ACCEPT THE LOWEST RESPONSIBLE PROPOSAL FROM PATRIOT RANGE TECHNOLOGIES, LLC FOR THE REFURBISHMENT OF THE POLICE DEPARTMENT SHOOTING RANGE AT A TOTAL COST OF $253,707.50 (Asset Forfeiture Funds). Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, Argus NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Argus, seconded by Higgason, to concur with Staff recommendation to award the contract to the lowest bidder, North Suburban Asphalt Maintenance, P.O. Box 497, Park Ridge, Illinois 60068 at a unit price per pound of $1.08 for crack filling material to be used for City maintained streets; and further AMEND CONTRACT/ST. UTILITY IMPROV' S . : Resolution R-97-10 ORDINANCE M-26-10 AMEND. CITY CODE/FIRE DEPT. Page 5 of 14 7/6/10 recommend to adopt Resolution R-71-10, A RESOLUTION ACCEPTING THE BID FROM NORTH SUBURBAN ASPHALT MAINTENANCE, INC. FOR CRACK SEALING ON VARIOUS ROADS THROUGHOUT DES PLAINES IN A TOTAL AMOUNT NOT TO EXCEED $25,000.00 (Motor Fuel Tax Funds). Motion declared carried as approved unanimously under Consent Agenda. Alderman Brookman stated that he was in favor of this & expenditure. ORDINANCE Z-13-10 ZONING MAP AMEND / 515 E. THACKER ST.: WARRANT Moved by Brookman, seconded by Higgason, to concur with Staff recommendation to approve contract amendment to Current Street and Utility Improvements Contract with Arrow Road Construction, 3401 South Busse Road, P.O. Box 334, Mount Prospect, Illinois 60056 in the amount of $100,000.00; and further recommend to adopt Resolution R-97-10, A RESOLUTION AUTHORIZING A CONTRACT AMENDMENT WITH ARROW ROAD CONSTRUCTION FOR THE STREET AND UTILITY IMPROVEMENT CONTRACT AS PART OF THE 2010 CAPITAL IMPROVEMENT PROGRAM (MFT 10 -00210 -00 -RS). Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, Argus NAYS: 0 -None ABSENT: 0 -None Motion declared carried. Moved by Argus, seconded by Higgason, to adopt Ordinance M-26-10, AN ORDINANCE AMENDING TITLE 2, "BOARDS AND COMMISSIONS," CHAPTER 10, "DES PLAINES FOREIGN FIRE INSURANCE TAX BOARD" OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Argus, seconded by Higgason, to adopt ORDINANCE Z-13-10, AN ORDINANCE GRANTING A MAP AMENDMENT FROM R-1, SINGLE FAMILY RESIDENTIAL TO I-1, INSTITUTIONAL FOR THE PROPERTY LOCATED AT 515 E. THACKER STREET, DES PLAINES, ILLINOIS. (Case #10- 014 -MAP) Motion declared carried as approved unanimously under Consent Agenda. MAYOR MOYLAN DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION - Alderman Higgason, Chair Moved by Haugeberg, seconded by Robinson, to REGISTER: COND. USE/ 480 POTTER RD.: Page 6 of 14 7/6/10 recommend to the City Council approval of the July 6, 2010 - Warrant Register, in the total amount of $2,671,980.04; and further recommend that Resolution R-96-10 be adopted at appropriate time this evening. Motion declared carried. COI4MUNITY DEVELOPMENT - Alderman Argus, Chair Director of Community & Economic Development Conlan reviewed the memorandum of June 24, 2010 regarding the Conditional Use Permit which requested expansion of parking areas. Director of Community & Economic Development Conlan answered questions from the Aldermen. Alderman Bogusz stated that the application form should be reviewed and changed to require more details. Mr. Ghulam M. Farooqie, 480 Potter Road, answered questions from the Aldermen regarding the parking issue. Ms. Elizabeth Papanastasopoulos, 2561 Church Street, addressed the Committee of the Whole stating that the fence has been in disrepair for at least one year; a utility vehicle and trailer is parked in the lot. Mr. Farooqie answered questions regarding the vehicle being parked in the lot. Mr. Pam Warford, 2530 Church Street, addressed the Committee of the Whole and asked what the next step was; she is worried about setting a precedent. Mr. John Milstead, 2515 Church Street, addressed the Committee of the Whole stating that the Mosque is doing their best; there are 90 or more cars in the parking lot; people cut through the lots after parking in the neighborhood; the truck leaves the parking lot around 8 a.m.; a car is left in its place; the truck says Barrington Cement. Mr. Tom Harris, 348 Good Avenue, addressed the Committee of the Whole stating that more than 20 spaces are needed; what about his rights; he is entitled to a quiet neighborhood; why not add levels above the parking lot. Page 7 of 14 7/6/10 480 POTTER Mr. Jose Garcia, 420 Good Avenue, addressed the RD.: Committee of the Whole stating that this is no small (Cont'd) problem; he suggested that members of the City Council walk this area and check the parking on Fridays; he is very concerned. Mr. Eugene Marlow, 1330 Perry Street, addressed the Committee of the Whole stating there has been an increase in parking and there are many people at the Mosque on Fridays. Mr. Mark Wallace, 2531 Church Street, addressed the Committee of the Whole stating that the parking problem is not a blessing; he has lived in this area for 54 years; destruction of his neighborhood has occurred. Mr. Mohammed A. Sukhera, 705 W. Golf Road, Mount Prospect, addressed the Committee of the Whole stating that he purchased two unbuildable lots; there are two prayer sessions on Friday; sometimes people park and have to walk 5 to 6 blocks to the Mosque. Alderman Brookman suggested checking with other churches in the area to share their parking lots. Director of Community & Economic Development Conlan and Attorney Wiltse answered questions from the Aldermen regarding occupancy limit and calculations for determining number of parking spaces. Moved by Argus, seconded by Brookman, to recommend to the City Council approval to place on First Reading Ordinance Z-15-10 at appropriate time this evening. Motion declared carried. COND. USE/ Director of Community & Economic Development Conlan 1855 E. OARTON presented and answered questions from the Aldermen. ST.: Alderman Higgason asked how many conditional use permits have been revoked. Director of Community & Economic Development Conan responded that none have been revoked, but there was a threat of revocation for one business on Lee Street. Mr. Barry Collins, 733 Lee Street, Attorney for Petitioner, stated that neighbors have been consistent with their opposition; 8 people on Locust Page 8 of 14 7/6/10 1855 E. OAKTON are in favor; no guarantee to keep up the property; ST.: the business should hire a full-time landscaper; this (Cont'd) will remain an auto business; issue has been appearance not noise. Alderman Haugeberg asked if the fence will be replaced. Attorney Collins stated that his client will comply and the sign will be replaced with one that is appropriate. Director of Community & Economic Development Conlan answered questions from the Alderman regarding the landscaping plan and fencing issues. Alderman Higgason stated that she met with the owners of the business; the lot is approximately 25,000 square feet; she is not comfortable in granting the conditional use permit. Alderman Brookman stated that he would like to see plants all year; he noticed that there were no evergreens. Director of Community & Economic Development Conlan answered questions regarding curb cuts. Alderman Brookman reviewed the application for a conditional use permit as well as petitions (in file) submitted by the neighbors who are opposed to the permit; could there be a compromise and have a review by Staff every two to three years; he will vote yes. City Attorney Wiltse stated that a conditional use permit could be durational (for a specific period of time). Alderman Argus was concerned about past violations. The Staff report shows 7 complaints within 10 years. Mr. Mario Tanzi, 1890 Bennett Place, addressed the Committee of the Whole stating that there is a history of problems with the appearance of the property; it looks as though this plan (hiring a full-time landscaper) is the same plan as in the past but with the addition of a full-time landscaper. Mr. Mike Elliott, 1678 Campbell Avenue, addressed the Committee of the Whole stating that there is a Page 9 of 14 7/6/10 1855 E. OAKTON contrast between a car repair business and a car ST.: sales business; he encouraged the business owners to (Cont'd) keep up a good appearance. Mr. John Andrews, 1865 Bennett Place, addressed the Committee of the Whole stating that back in 2004 a conditional use permit was considered and the consensus was there were a number of reasons not to allow it; nothing has changed since then; there is a saturation of used car lots in Des Plaines. Ms. Linda Caruth, 1868 Bennett Place, addressed the Committee of the Whole stating that the flood plain issue has not been addressed; this conditional use permit threatens her property; the property was graded for sod, but replaced with concrete; the storm sewer has not been addressed; will landscaping be a condition; the conditional use should be durational for one year; in 2004 the last section of the fence on the west side was an issue - can it be modified so that drivers can easily see children; the fence should be moved in one more foot; there is an extreme turnover on Locust; will there be a storm sewer installed; can the fence be changed (taper it on the west end) ; there should be a seven (7) foot set back for landscaping; remove tires; add these conditions to the conditional use permit. Ms. Pat Beauvais, 547 Webford Lane, addressed the Committee of the Whole stating that when she was an alderman, she voted against it then and would vote against it now; used car lots on Rand; when is enough enough - how many violations will it take to reach a limit; it should be clearly identified on the application at what point revocation would take place. City Attorney Wiltse stated that citations and letters have been issued in the past; the conditional use should be reviewed yearly. Mr. Beauvais stated that this information should be put on the application. City Attorney Wiltse referred to Section 6 in Ordinance Z-16-10 (page 4) which reads: 2. All landscaping materials shall be maintained in good condition so as to present a healthy and orderly appearance, and plant material not in 1855 E. OAKTON ST.: (Cont' d) Page 10 of 14 7/6/10 this condition shall be replaced when necessary and shall be kept free of refuse and debris. Mr. Herman Zelk, 1994 Fargo, President of the Des Plaines Chamber of Commerce addressed the Committee of the Whole and read a letter from the Des Plaines Chamber of Commerce to Alderman Wilson stating the Chamber supports the business and application for conditional use. Ms. Caruth requested that a condition be added that the business is required to hire a landscaper; to whom would the residents call on the weekend to complain. Alderman Brookman read a statement from Mr. Brian Burkross who stated that approval of the conditional use would send the wrong message. Moved by Argus, seconded by Walsten, to recommend to the City Council approval to place on First Reading Ordinance Z-16-10 at appropriate time this evening. Aldermen Bogusz and Higgason voted no. Motion declared carried. The City Council recessed at 10:10 p.m. The City Council reconvened at 10:22 p.m. COND. USE/ Director of Community & Economic Development Conlan 1141 LEE ST.: presented and answered questions from the aldermen. Mr. Dhitu Bhagwakar, 1141 Lee Street, owner of the property answered questions from the aldermen regarding patching potholes and striping the parking lot; everything has been cleaned up. Director of Community & Economic Development Conlan stated that the parking lot needs to be repaved. Alderman Argus asked about the cost of repaving. Mr. Butch Ehrke, Building Inspector for the City of Des Plaines stated that the entire parking lot is in bad shape; it would cost approximately $100,000 or more to repave the parcel; it currently does not meet the City Code. Moved by Robinson, seconded by Haugeberg, to recommend to the City Council approval to send back �g� 1141 LEE ST.: (Cont' d) OVERLAY DIST./ ELEC. SIGNS/ MANNHEIM RD.: CONTRACT EXT./ HOLIDAY LIGHTING AND DEC'S.: Resolution R-72-10 Page 11 of 14 7/6/10 to Staff for review at appropriate time this evening. Motion declared carried. Director of Community & Economic Development Conlan presented and answered questions from the aldermen. Mr. John Imreibe, 2711 Mannheim Road, addressed the Committee of the Whole and distributed copies of the sign dimensions requested for the Royal Touch Car Wash and a survey of nine communities which have electronic sign regulations (in file). Mr. Imreibe answered questions from the aldermen and stated that the Des Plaines City Code does not have provisions for a variance. Alderman Walsten asked about the existing sign. City Attorney Wiltse stated that a special use is the same as a conditional use. Mr. Eddie Hartselo, 3207 Wild Oak Court, Joliet, pointed out that the Walgreens sign at Graceland and Miner was 31 square feet. Moved by Higgason, seconded by Argus, to recommend to the City Council approval to send back to Staff for review at appropriate time this evening. Motion declared carried. MAYOR MOYLAN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Director of Public Works and Engineering Oakley presented and answered questions from the aldermen. Alderman Haugeberg asked if a pilot program with LED lighting could be installed at Paroubek Park (Lee and Prairie). Alderman Higgason thanked Staff for doing the research of surveying surrounding communities; it would be nice to have the train station lit all year. Moved by Bogusz, seconded by Haugeberg, to adopt Resolution R-72-10, A RESOLUTION EXTENDING AUTHORIZATION TO AUTUMN LANDSCAPING, INC. FOR THE INSTALLATION OF HOLIDAY DECORATIONS THROUGHOUT THE DOWNTOWN AREA OF DES PLAINES AT A COST NOT TO EXCEED $52,400.00 (2010 TIF #1 Budget). Upon roll call, the 4154 Page 12 of 14 7/6/10 R-72-10 vote was: (Cont'd) AYES: 7-Haugeberg, Robinson, Bogusz, Higgason, Walsten, Wilson, Argus NAYS: 1 -Brookman ABSENT: 0 -None Motion declared carried. WARRANT Moved by Higgason, seconded by Robinson, to concur REGISTER: with recommendation of Committee of the Whole to adopt Resolution R-96-10, BE IT RESOLVED BY THE CITY Resolution COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING R-96-10 BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $2,671,980.04. Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, Argus NAYS: 0 -None ABSENT: 0 -None Motion declared carried. COND. USE/ Moved by Argus, seconded by Higgason, to concur with 480 POTTER recommendation of Committee of the Whole to place on RD.: First Reading Ordinance Z-15-10, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT UNDER SECTION 7.2-4 Ordinance C. OF THE ZONING ORDINANCE TO PERMIT THE EXPANSION OF Z-15-10 PARKING AT AN EXISTING PLACE OF WORSHIP AT 480 POTTER ROAD, DES PLAINES, ILLINOIS. (CASE #10 -018 -CU). Upon roll call, the vote was: AYES: 8-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Wilson, Argus NAYS: 0 -None ABSENT: 0 -None Motion declared carried. COND. USE/ Moved by Argus, seconded by Robinson, to concur with 1855 E. OAKTON recommendation of Committee of the Whole to place on ST.: First Reading Ordinance Z-16-10, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH Ordinance SECTION 7.3-6 C. AND A MAJOR VARIATION TO SECTION Z-16-10 7.3-3 OF THE DES PLAINES ZONING ORDINANCE TO ALLOW A MOTOR SALES OPERATION ON A LOT LESS THAN 25,000 SQUARE FEET IN A C-3 DISTRICT AT 1855 EAST OAKTON STREET, DES PLAINES, ILLINOIS (CASE #10 -017 -CU). Upon roll call, the vote was: AYES: 6-Haugeberg, Robinson, Brookman, Walsten, Wilson, Argus NAYS: 2-Bogusz, Higgason ABSENT: 0 -None Motion declared carried. COND. USE/ 1141 LEE ST.: Ordinance Z-17-10 OVERLAY DIST./ ELEC. SIGNS/ MANNHEIM RD.: ORDINANCE Z-16-10 COND. USE/ 1855 E. OAKTON ST.: ORDINANCE Z-15-10 COND. USE/ 480 POTTER RD.: ADJOURNMENT: Page 13 of 14 7/6/10 Moved by Argus, seconded by Higgason, to concur with recommendation of Committee of the Whole to send back to Staff for review. Voice Vote - All Ayes. Motion declared carried. Moved by Argus, seconded by Higgason, to concur with recommendation of Committee of the Whole to send back to Staff for review. Voice Vote - All Ayes. Motion declared carried. Moved by Walsten, seconded by Argus, to waive Second Reading and adopt Ordinance Z-16-10, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 7.3-6 C. AND A MAJOR VARIATION TO SECTION 7.3-3 OF THE DES PLAINES ZONING ORDINANCE TO ALLOW A MOTOR SALES OPERATION ON A LOT LESS THAN 25,000 SQUARE FEET IN A C-3 DISTRICT AT 1855 EAST OAKTON STREET, DES PLAINES, ILLINOIS (CASE #10 -017 -CU). Upon roll call, the vote was: AYES: 6-Haugeberg, Robinson, Brookman, Walsten, Argus, Moylan NAYS: 3-Bogusz, Higgason, Wilson ABSENT: 0 -None Motion declared carried. Moved by Robinson, seconded by Higgason, to waive Second Reading and adopt Ordinance Z-15-10, AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT UNDER SECTION 7.2-4 C. OF THE ZONING ORDINANCE TO PERMIT THE EXPANSION OF PARKING AT AN EXISTING PLACE OF WORSHIP AT 480 POTTER ROAD, DES PLAINES, ILLINOIS. (CASE #10 -018 -CU). Upon roll call, the vote was: AYES: 7-Haugeberg, Robinson, Bogusz, Higgason, Brookman, Walsten, Argus NAYS: 1 -Wilson ABSENT: 0 -None Motion declared carried. Moved by Walsten, seconded by Robinson, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 11:50 p.m. Gloria J. Ludwig - C"TY CLERK Page 14 of 14 7/6/10 APPROVED BY ME THIS DAY OF , 2010 Martin J. Moylan, MAYOR DATE: TO: FROM: Martin J. Moylan Mayor RE: Housekeeping Ordinance Liquor License Renumbering iK,4y` ODES PLAINES tt_utvots Martin J. Moylan July 13, 2010 Honorable Aldermen Consent Agenda Items #3 & 3a OFFICE OF THE MAYOR City of Des Plaines 1420 Miner Street Des Plaines, Illinois 60016 Telephone: 847/391-5301 Fox: 847/391-5378 ******************************************************************** Attached please find an ordinance amending the Liquor License ordinance to reflect changes due to the yearly renewal period. This will come before you on the Consent Agenda at the July 19, 2010 City Council meeting. Raise Class A (Tavern Liquors Dealers License) from 31 to 32 (Add 1 for Taqueria Chelo's, Corp. d/b/a Taqueria Chelo's, 935 E. Oakton St., classification change; Add 1 for Shrin Restaurant, Inc, d/b/a Tiffany's Restaurant, 2179 E. Touhy, classification change; Remove 1 for Romano's Original Pasta & Pizza, Inc., d/b/a Romano's, 1396 Oakton St., out of business.) Lower Class E (Restaurant and Dining Room License) from 15 to 14 (Shrin Restaurant, Inc., d/b/a Tiffany's Restaurant, 2179 E. Touhy, use of counter or bar necessitates a Class A license) Lower Class H-1 (Restaurant, Beer and Wine Only)from 7 to 6 (Taqueria CarChelo Corp., d/; /a Taqueria Chelo's, 935 E. Oakton St., upgrade to full ) Martin JvMoyl?n Mayor Local Liquor License Control Commissioner cc: Jason Slowinski, City Manager (acting) CITY OF DES PLAINES ORDINANCE M - 28 - 10 AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE BE IT ORDAINED, by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: That Title 4, "Business Regulations," Chapter 4, "Intoxicating Liquors," Section 5, "License Fees and Number," of the City Code of Des Plaines, be amended and read as follows: 4-4-5: LICENSE FEES AND NUMBER: A. Schedule Of Fees, Number Of Licenses Authorized To Be Issued: Class Number Issued Initial Fee Annual Fee Class A 3-1- 32 $3,850.00 $1,925.00 Class A-1 4,840.00 2,420.00 Class A-2 2 6,050.00 3,025.00 Class AB 7,480.00 3,740.00 Class AB -1 8,470.00 4,235.00 Class AB -2 9,680.00 4,840.00 Class B Class B-1 19 11 3,630.00 1,815.00 Class C 2 1,210.00 605.00 Class D per day 28.00 Class E 4314 3,630.00 1,815.00 Class F 2,860.00 1,430.00 Class G 3 3,630.00 1,815.00 1 Class H Class H-1 Class H-2 7 6 7 3,630.00 1,815.00 Class I 1 600.00 300.00 Class J 4 3,630.00 1,815.00 Class K 1 550.00 Class K - subsidiary Annual Per event 440.00 55.00 Class L $2,860.00 $1,430.00 Class M 7 $3,630.00 $1,815.00 B. No change C. No change SECTION 2: If any paragraph, section, clause or provision of this ordinance is held invalid, the remainder shall continue in full force and effect without affecting the validity of the remaining portions of the contract. SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this day of , 2010. APPROVED this day of , 2010. VOTE: AYES NAYS ABSENT ATTEST: CITY CLERK MAYOR Published in pamphlet form this day of , 2010. CITY CLERK Approved as to form: David R. Wiltse, City Attorney NOTE: New language is underlined. Legal\On9\Special\Liq [ic\Annual Housekeeping License Number Update 2010 3 Cm OF DES PLAINES ILLINOIS Consent Agenda Items #4 & 4a City of Des Plaines Fire Department 405 South River Road Des Plaines, IL 60016 Tel: 847-391-5333 Fax: 847-391-5649 MEMORANDUM Date: June 30, 2010 To: Jason Slowinski, City M(Acting) From: Alan Wax, Fire Chief A//2 c Subj: Authorization to purchase New Dive Rescue Boat Issue: Replacement of the current Fire Department rescue boat has been budgeted in the 2010 Fire Department Equipment Replacement Fund (FDERF), and authorization to advertise for bid was approved by the City Council on May 19, 2010. Analysis: Since receiving the Council's approval to proceed with a bid for the boat, the Department has learned that it can be purchased through the Federal General Services Administration (GSA) purchasing program, which negotiates pricing through comppeitively bid government purchasing contracts. GSA pricing is typically the lowest pricing available for any product. The GSA price on the Zodiac FC 530 boat is $22,448.62, which is greater than the $19,200 amount budgeted in the 2010 FDERF for the boat purchase. As such, staff has researched other alternatives and has identified a Patten inflatable rescue boat that would serve the department's needs. Patten boats are extremely expensive and thus were not previously considered. The Patten Company, however, has recently started using the Environmental Safety Group (ESG) to distribute their boats in the Chicago area. The D-17 Patten inflatable boat is equivalent to the Zodiac FC 530 and lists for a price of $22,995. ESG is aggressively seeking to get Patten boats to agencies in the Chicago region in order for the products to be seen by rescue agencies. Due to this desire, ESG has agreed to sell us a D-17 Patten inflatable boat for $15,995. Two quotes from other distributors confirmed that this ESG price is exceptional. For this price, ESG has agreed to include a brand new trailer of the correct size for this specific boat. The boat will be a brand new boat with a five year warranty. Recommendation: Staff recommends that the Council waive the usual sealed bidding process (since such was completed as part of the GSA process) and, in the best interests of the City, authorize the purchase of one (1) D-17 Patten inflatable boat with trailer in the amount of $15,995 from Environmental Safety Group, Inc. 570 E. North Frontage Road, Bolingbrook, IL 60440 (FDERF Budgeted funds of $19,200). Please place this item on the July 19, 2010 City Council Agenda. Attachments: Purchase Order Resolution DES PLAINES ILLINOIS CITY OF DES PLAINES 1420 MINER STREET DES PLAINES, ILLINOIS 60016 TELEPHONE: (847) 391-5300 PURCHASE ORDER ORG. NO. 7022 ACCOUNT NO. 980500 PROJECT (()1)E DEPT / DIVISION FDERF VENDOR NO. PURCHASE ORDER NO. FD2368 VENDOR NAME ESG SIIIP TO Des PLaines Fire Department ATTN Tim Debs 405 South River Rd. ADDRESS 570 E. North Frontage Rd. Des Plaines, IL 60016 CITY, STATE, ZIP Bolingbrook, IL 60440 QUANTITY ITEM / DESCRIPTION UNIT COST EXTENDED 1 17 Ft. Patten inflatable boat. 17 Ft. Standard "Nailer. 1 Battery, LED Navigational bight Package 15,995.00 15,995.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUB -TOTAL 15,995.00 SHIPPING / OTHER 0.00 TOTAL $15,995.0 0 DATE REQUESTED BY DEPARTMENT HEAD FINANCE DIRECTOR CITY MANAGER 6/30/10 DC Eilken 2&h. a tJA., PAGE 1 OF 2 Effective 01/01/09 VENDOR SECTION I. PRICE $15,995.00 CONTACT PERSON Tim Debs VENDOR NAME ESG PHONE 800-242-4295 ADDRESS 570 E. North Frontage Rd. FAX JOINT GOVERNMENT PURCHASING PROGRAM CITY, STATE, ZIP Bolingbrook, IL 60440 EMAIL EXPLANATION: ESG is a new distributer of the Patten boat in the Chicago area and is giving us a price well below list and below the GSA pricing of an equivalent Zodiac boat. Staff recommends waiving the usual bid process and in the best interest of the City, authorize the purchase of one (1) D-17 Patten inflatable boat with trailer in the amount of $I5,995 from ESG, 570 E. North Frontage Road, Bolingbrook, IL 60440. 2. PRICE $23.248.00 CONTACT PERSON Marty Conway VENDOR NAME Advanced Eco Systems Inc. PHONE 330-630-9025 ADDRESS 866 Premieria Dr. FAX CITY, STATE, ZIP Tallmadge, OH 44278 EMAIL 3. PRICE $22,995.00 CONTACT PERSON Tim Carnes VENDOR NAME TEC Innovations Inc. PHONE 561-236-1445 ADDRESS PO Box 14333 FAX CITY, STATE, ZIP North Palm Beach, FL 33408 EMAIL VENDOR ESG TOTAL AMOUNT $19,200.00 RECOMMENDED EMERGENCY PURCHASE BUDGETED SOLE SOURCE SUPPLIER UTI ITER PROJECT COSTS $2,861.00 ONGOING OPERATING $0.00 ❑ JOINT GOVERNMENT PURCHASING PROGRAM COSTS OTHER (PLEASE EXPLAIN BELOW) THIS PURCHASE AND OTHER PROJECT COSTS ARE EXPECTED TO REMAIN WITHIN THE APPROVAL OF LOWEST RESPONSIBLE BIDDER ❑ NO /I YES BUDGET: (CHECK BOX) EMERGENCY PURCHASE ❑ PLEASE MARK ALL BOXES BELOW THAT APPLY TO THIS PURCHASE: ❑ APPROVAL OF LOWEST RESPONSIBLE BIDDER ❑ PROFESSIONAL SERVICES CONSULTING ❑ EMERGENCY PURCHASE ❑ SOLE SOURCE SUPPLIER ❑ EQUIPMENT STANDARDIZATION ❑ TECHNICAL NATURE OF ITEMS MAKES COMPETITION IMPOSSIBLE ❑ JOINT GOVERNMENT PURCHASING PROGRAM OTHER (PLEASE EXPLAIN BELOW) EXPLANATION: ESG is a new distributer of the Patten boat in the Chicago area and is giving us a price well below list and below the GSA pricing of an equivalent Zodiac boat. Staff recommends waiving the usual bid process and in the best interest of the City, authorize the purchase of one (1) D-17 Patten inflatable boat with trailer in the amount of $I5,995 from ESG, 570 E. North Frontage Road, Bolingbrook, IL 60440. FOR PURCHASES OVER $10,000 A FORMAL REQUEST FOR A RESOLUTION HAS BEEN SUBMITTED TO LEGAL: (CHECK BOX) REQUESTED BY ❑ NO YES THIS ITEM HAS BEEN PLACED ON CONSENT AGENDA: (CHECK BOX) 6/30/10 ❑ NO YES DATE REQUESTED BY DEPARTMENT HEAD FINANCE DIRECTOR CITY MANAGER 6/30/10 DC Eilken 7124,- 4/,0 440 PAGE 2 OF 2 hffective 01/01/09 a 0 17 Ft. Standard Trailer 0) o U cd 47, a a4 0 co 0 O .Q a) C O U (0 0 (i) m l0 C 2 LL L i 0 Z 0 u) esgsafety.com Office Fax 630-633-5555 Office: 800-242-4295 CITY OF DES PLAINES RESOLUTION R - 98 -10 A RESOLUTION AUTHORIZING THE PURCHASE OF A D-17 PATTEN INFLATABLE BOAT WITH TRAILER FROM ENVIRONMENTAL SAFETY GROUP, INC. AT A TOTAL COST OF $15,995.00. WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations and corporations, in any manner not prohibited by law or ordinance; and WHEREAS, the 2010 Fire Department Equipment Replacement Fund includes $19,200.00 to replace the Fire Department's rescue boat; and WHEREAS, the City of Des Plaines is allowed to purchase products through the Federal General Services Administration (GSA) purchasing program, which negotiates pricing through government purchasing contracts and is the lowest pricing available for any product; and WHEREAS, the Fire Department was originally seeking to purchasc a Zodiac FC 530 boat through the GSA. However, the GSA price for the Zodiac was too high; and WHEREAS, the Fire Department researched equivalent boats and determined that a D- 17 Patten inflatable boat was equivalent to the Zodiac; and WHEREAS, the Patten Company recently started using the Environmental Safety Group, Inc. to distribute their boats in the Chicago area; and WHEREAS, the Environmental Safety Group, Inc. has agreed to sell the Fire Department a new D-17 Patten inflatable boat with a trailer for $15,995.00; and WHEREAS, it is in the best interest of the City to waive the purchasing policies and guidelines in the City Code to authorize the Fire Department to purchase a new D-17 Patten inflatable boat with a trailer from Environmental Safety Group, Inc. at a total cost of $15,995.00, and to authorize the Director of Finance, or her designee, to issue a check in the amount of $15,995.00 to Environmental Safety Group, Inc. for the purchase of a new D-17 Patten inflatable boat with a trailer; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: That the recitals set forth herein above are incorporated herein by reference as the factual basis for this transaction. 1 SECTION 2: That in the best interest of the City, the City Council hereby waives the purchasing policies and guidelines in the City Codc to authorize the Fire Department to purchase a new D-17 Patten inflatable boat with a trailer from Environmental Safety Group, Inc. at a total cost of $15,995.00, and to authorize the Acting City Manager to execute the contract documents. SECTION 3: That the City Council hereby authorizes the Director of Finance, or her designee, to issue payment to Environmental safety Group, Inc., 570 E. North Frontage Road, Bolingbrook, Illinois 60440, in a total amount of $15,995.00. SECTION 4: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2010. APPROVED this day of , 2010. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: 09a;k4 g. vAtzg. CITY CLERK David R. Wiltse, City Attorney Legal\Res\2010\Dive Rescue Boat Purchase 2010 2 CITY OF Consent Agenda Items #5 & 5a City of Des Plaines Public Works & Engineering Department 1111 Joseph Schwab Road DES PLAINES Des Plaines, IL 60016 ILUNOIS Tel: 847-391-5464 Fax: 847-297-6801 MEMORANDUM Date: July 19, 2010 To: Jason Slowinski, Acting Manager From: Cc: Timothy Watkins, Superintendent of Utility Services Timothy P. Oakley, P.E., CFM, Director of Public Works & Engineering* Re: SCADA System Repairs & Upgrades Issue: The City's Water Division utilizes a Supervisory Control and Data Acquisition system (SCADA) to assist with monitoring and operation of the municipal water supply. The SCADA system is in need of repairs and upgrades. Analysis: The SCADA system was last upgraded in 2006 from a land -line system to a wireless communication system. This change was made in an effort to reduce the City's communication costs, which was achieved. In the spring of 2009, the Holy Family water tank was struck by lightning damaging the antenna and radio components. In the summer of 2009, another communication point on the west side of the City failed due to a power surge. In addition to these repairs, the main programmable logic controllers (PLCs) require some necessary upgrades and reprogramming. These PLCs are digital computers that operate the water works and control system volume and pressure. Staff contacted MWH Constructers and requested an assessment and proposal for repairing these defects. MWH has performed work for the City in the past, including the 2006 Water System Study, and has a positive working relationship with the City. MWH has an excellent working knowledge of our water system operation, the EPA requirements, AWWA standards and the required security of the system. Due to the complexity of the water system and ongoing mechanical changes, this project will be implemented in three phases. MWH has provided a Phase 1 proposal in the amount of $44,300, a copy of which is attached for your information. Phase 1 scope of work includes replacement of malfunctioning radios and antennas, PLC programming, instrument calibration, security upgrades and external alarming. Recommendation: Staff recommends acceptance of the proposal for the SCADA System Phase 1 Upgrades from MWH Constructors, 370 Interlocken Boulevard, Suite 300, Broomfield, Colorado 80021 in the not to exceed amount of $44 300.00. Source of funding would be budgeted Water/Sewer funds. Attachments Proposal Purchase Order Resolution 0 MWH C INSTRUCTORS BUILDING W BQYTW June 23, 2010 City of Des Plaines — Phase 1 SCADA Action Plan Proposal Tim Watkins Superintendent of Utility Services City of Des Plaines Public Works and Engineering 1111 Joseph Schwab Rd. Des Plaines, IL 60016 Tun, MWH Constructors, Inc. (MWHC) is pleased to submit this proposal in response to the City's May 14, 2010 email to MWH Americas, Inc. regarding the Phase 1 SCADA Action Plan. Each scope item mentioned in the email is repeated here, with comments, for ease of reference while reviewing this proposal. Items are as follows: 1. "Holy Family and PMP -4 Radios. Recommend a different radio system to phase in starting with Holy Family & PMP 4. Other radios can be phased in over time. Incorporate the antenna alignment with this item." a. The radio manufacturer can provide a replacement radio which is a compatible, newer version of the Utilinet III radio currently in use by the City. They also have the ability to repair the existing radios. Pending the outcome of the PLC Programming Review, the radios at Holy Family and PMP -4 can be repaired or replaced with the new radio. Allowances for migration to a new type of radio is included in this proposal in the event it is determined to be the best path forward. These allowances include pricing for three (3) new radios and a supporting radio propagation study. b. Investigation into the existing system PLC software revealed that the communications portion of the programming does not appear to be optimized for use with the current radios. Also, extensive discussions with the radio manufacturer reveals that there may be software installed in the radios which allows the system to work with the communication protocol as is. This software may or may not be configured correctly. Determining the true configuration of the system will require that diagnostics be performed on the radio system and that the PLC programming be reviewed as described in Item 4 prior to making further decisions concerning the radio system. c. Antenna alignment is not required. The existing anS nnas are omni -directional. 2. "Short-term Bypass of Limit, Pressure Switches -Disable alarm within the PLC -Could be incorporated in programming task" a. As suggested, if the limit switch and pressure switch pump fail functions are programmed into the PLC, i.e. not hardwired in the MCC circuits, they can be disabled during the PLC review/correction stage. This can be determined during the PLC programming review. 370 Interlocken Boulevard TEL 303 410 4000 Suite 300 FAX 303 410 4100 Broomfield; CO 80021 www.mwhglobal.com ar) 0 1,11;4H CONSTRUCTORS BUILDING a LIDT I P MAID b. If the functions are hardwired, the wires can be taken off or jumpered as appropriate to disable the alarms. 3. "Dampen Maple Street Discharge Pressure -Recommend snubber and placement" a. It is recommended that the pressure signal(s) be filtered and/or averaged during PLC review/corrections. b. Installation of snubber(s), if required after initial testing, TBD. 4. "PLC Programming Review -Review of PLC programming and make corrections as needed. This item could be listed at an hourly rate with a "not to exceed" amount. " a. As mentioned, a preliminary review of the PLC programming indicates that the communications protocol and the data message programming do not appear to be optimized for the current radios. With the system in this condition it is very difficult to judge the performance of the radio system. b. Due to the programming issues, it is proposed that the PLC programming review/correction and radio diagnostics be performed prior to any other items and prior to pricing any major radio system modifications, if such modifications are required. 5. "Add external alarming capabilities, preferably e -web module to send emails to cell. Provide capability for remote control via VPN to control system from a remote location." a. The existing EWEB module is installed at the Oakton Tank site in a PLC that is connected to the Oakton Stormwater Pump Station. While the EWEB module can be configured to send alarm emails, it is not currently connected to the water system PLC network. b. The PLCs used in the water system (SLC 5/05 and Micrologix 1500) do not support the use of an EWEB module or emailing of alarms; however, the SLC 5/05 at Maple Street has the ability to be configured with web pages for monitoring data. c. The City already has the ability to remotely access SCADA; however, the functionality to perform control actions has not been programmed onto the SCADA screens. PLC programming may also be required to allow control functions. d. No modifications to provide this capability are included in this proposal; however, the field research required to determine pricing for this item will be performed during the PLC programming review. 6. `Instrument Calibration" a. As mentioned in the MWH 2010 SCADA Assessment Report, a detailed inventory/evaluation of the existing instruments should be performed. b. It is proposed that this inventory/evaluation take place during the PLC programming review to facilitate pricing for system wide instrument calibration Based on the findings of the MWHC site visit, it is recommended that the PLC Programming Review and diagnostics on the current radio system be performed to, 1) determine the nature of the PLC/Radio configuration issues, and 2) make programming corrections as appropriate to attempt repairs. With the exception of the allowances mentioned in Item 1, it is proposed that Items 1 thru 6 be priced on a T&M 370 Interlocker) Boulevard TEL 303 410 4000 Suite 300 FAX 303 410 4100 Broomfield, CO 80021 www.mwhglobal.com CONSTRUCTORS BUILDrlIGd 1.7i ran G86EP basis, as per the attached Consulting Services Agreement, not to exceed $25,000.00. Basis for the T&M estimate is shown in Appendix A below. The initial T&M task deliverables include (see below for separate radio and survey allowance): 1. Programming review/corrections and radio system diagnostics as needed to attempt to correct integration issues with the radio system. There is no guarantee that this will fix the radio system; however, it is a step that must be performed to move forward. 2. Review of radio system diagnostics and recommended path forward with additional budgeting to address radio system issues, should any remain after program corrections. 3. Inventory of existing instruments and pricing to provide instrument calibrations. 4. Pricing to provide emailed alarms and remote control functionality. In addition to the T&M work, MWHC proposes the following allowances to begin the implementation of a new radio system, if required: Radio propagation study .$10,000.00 Three (3) MDS TransNET 900 Radios and radio programming for same $9300.00 Note: The chosen type of radio is pending the results of the propagation study This proposal is based upon use of the terms and conditions described in the attached Consulting Services Agreement. Pricing is valid for 90 days from date of proposal. MWHC looks forward to the opportunity to work with the City of Des Plaines. Please feel free to call or email Steve Keen with any questions: Steve Keen, P.E. Control Systems Programmer Phone (863) 605-9468 steven.m.keen@mwhglobal.com Since T& M. T6bel, V. Director of Commissioning and Start Up 370 Inlerlocken Boulevard Suite 300 Broomfield, CO 80021 TEL 303 410 4000 FAX 303 410 4100 www.mwhglobal com CONSTRUCTORS BD/LDMIG d BftTT&R W O LD Appendix A - Basis for T&M Estimate Des Plaines SCADA Phase 1- Basis for NTE Estimate Labor Category Labor Rate Hours Total Principal Professional $165.00 96 $15,840.00 Director $240.00 2 $480.00 Project Manager $216.00 8 $1,728.00 Project Accountant $90.00 4 $360.00 Contracts Manager $175.00 4 $700.00 APC(Associated Project Charges) $9.29 114 $1,059.06 Estimated Expenses $4,380.00 TOTAL 114 $24,547.06 370 interocken Boulevard TEL 303 410 4000 Suite 300 =AX 303 410 4100 Broomfield CO 80021 www.mwhglobal.com "di 44M•NN #mow►" l ! o \\ PLAINES / ILLINOIS CITY OF DES PLAINES 1420 MINER STREET DES PLAINES, ILLINOIS 60016 TELEPHONE: (847) 391-5300 PURCHASE ORDER ORG. NO. 5030 ACCOUNT NO. 920110 PROJECT CODE DEPT / DIVISION Water VENDOR NO. PURCHASE ORDER NO. PW US 10-11 VENDOR NAME MWH Constructors SHIP TO EXTENDED ATTN Steve Keen 44,300.00 ADDRESS 370 Interlocker Bld, Suite 300 CITY, STATE, ZIP Broomfield, CO 80021 QUANTITY ITEM / DESCRIPTION t NIT COST EXTENDED 1 SCADA System Repairs and Upgrades 44,300.00 44,300.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUB -TOTAL 44,300.00 SHIPPING / OTHER TOTAL $44,300.0 0 DATE REQUESTED BY DEPARTMENT HEAD FINANCE DIRECTOR CITY MANAGER 7/19/10 'Timothy Watkins Timothy Oakley PAGE 1 OF 2 Effective 01/01/09 VENDOR SECTION I. PRICE $44,300.00 CONTACT PERSON ❑ VENDOR NAME ❑ PHONE ❑ ADDRESS FAX @ CITY, STATE, ZIP JOINT GOVERNMENT PURCHASING PROGRAM EMAIL OTHER (PLEASE EXPLAIN BELOW) EXPLANATION: SCADA System Repairs and Upgrades 2. PRICE CONTACT PERSON VENDOR NAME PHONE ADDRESS FAX CITY, STATE, ZIP EMAIL 3. PRICE CONTACT PERSON VENDOR NAME PHONE ADDRESS FAX CITY, STATE, ZIP EMAIL VENDOR RECOMMENDED MWH Constructors TOTAL AMOUNT BUDGETED $44,300.00 OTHER PROJECT COSTS ❑ ONGOING OPERATING COSTS ❑ THIS PURCHASE AND OTHER PROJECT COSTS ARE EXPECTED TO REMAIN WITHIN THE L YES ❑ NO PROFESSIONAL SERVICES CONSULTING BUDGET: (CHECK BOX) ❑ E MARK ALL BOXES BELOW THAT APPLY TO THIS PURCHASE: ❑ APPROVAL OF LOWEST RESPONSIBLE BIDDER ❑ NO PROFESSIONAL SERVICES CONSULTING I1 ❑ EMERGENCY PURCHASE ❑ SOLE SOURCE SUPPLIER ❑ EQUIPMENT STANDARDIZATION TECFINICAL NATURE OF ITEMS MAKES COMPETITION IMPOSSIBLE @ ❑ JOINT GOVERNMENT PURCHASING PROGRAM ❑ OTHER (PLEASE EXPLAIN BELOW) EXPLANATION: SCADA System Repairs and Upgrades FOR PURCHASES OVER $10,000 A FORMAL REQUEST FOR A RESOLUTION HAS BEEN SUBMITTED TO LEGAL: (CHECK BOX) ' YES ❑ NO rills ITEM HAS BEEN PLACED ON CONSENT AGENDA: (CHECK BOX) I YES ❑ NO DATE REQUESTED BY DEPARTMENT HEAD FINANCE DIRECTOR CITY MANAGER 7119110 Timothy Watkins Timothy Oakley PAGE2OF2 FtTective 01/01/09 CITY OF DES PLAINES RESOLUTION R - 99 -10 A RESOLUTION ACCEPTING A PROPOSAL FROM MWH AMERICAS, INC. FOR THE SCADA SYSTEM PHASE I UPGRADES IN THE AMOUNT OF $44300.00. WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations and corporations, in any manner not prohibited by law or ordinance; and WHEREAS, the City's Water Division utilizes a supervisory control and data acquisition system (SCADA) to assist with monitoring and operation of the water system, which is in need of repair and upgrades; and WHEREAS, Staff contacted MWH Constructors and requested an assessment and proposal for the repair and upgrades required on the SCADA system; and WHEREAS, MWH Constructors has performed work for the City and has an excellent working knowledge of the City's water system operation, the EPA requirements, AWWA standards and the required security of the system; and WHEREAS, due to the complexity of the SCADA system and ongoing mechanical changes, the project must be implemented in three phases; and WHEREAS, MWH Constructors has submitted a proposal for Phase I of the repairs and upgrades of the SCADA system at a cost not to exceed $44,300.00; and WHEREAS, it is in the best interest of the City of Des Plaines to waive the purchasing policies and guidelines in the City Code and accept the proposal from MWH Americas, Inc. for Phase I of the repairs and upgrades of the SCADA system at a cost not to exceed $44,300.00; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: That the recitals set forth herein above are incorporated herein by reference as the factual basis for this transaction. SECTION 2: That in the best interest of the City, the City Council hereby waives the purchasing policies and guidelines in the City Code to accept the proposal submitted by MWH 1 Constructors for Phase I of the repairs and upgrades of the SCADA system at a cost not to exceed $44,300.00, and to authorize the Acting City Manager to execute the contract documents. SECTION 3: That the City Council hereby authorizes the Director of Finance, or her designee, to issue payment to MWH Constructors, 370 Interlocken Boulevard, Suite 300, Broomfield, Colorado, 80021, upon receipt of invoice, in a total amount not to exceed $44,300.00. SECTION 4: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2010. APPROVED this day of , 2010. VOTE: AYES NAYS ABSENT ATTEST Approved as to form: MAYOR 0944,;d R.Vate CITY CLERK David R. Wiltse, City Attorney Legal \Res\2010MWH Constmctors SCADA System Repairs 2 CITY OF DES PLAINES ILLINOIS Consent Agenda Items #6 & 6a City of Des Plaines Police Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5400 Fax: 847-391-5463 MEMORANDUM Date: July 07, 2010 To: Acting City Manager Slowinski From: Deputy Chief Mike Kozak /)L Subj: Illinois Law Enforcement Alarm System (ILEAS) Emergency Operations Center Technology Grant Issue: In April 2010, the Homeland Security and Emergency Management Agency applied for the ILEAS Grant. The pant is available to any municipality that has an Emergency Operations Center. Funds from the grant can be used for equipment to enhance the Emergency Operations Center as well as Homeland Security issues throughout the municipality. This memo outlines our request to enter into a grant agreement with ILEAS to receive funds to help support our Emergency Operations Center. Analysis: ILEAS has approved the City of Des Plaines to receive $70,074.06 for the period from final execution of this Agreement through March 31, 2011. The Homeland Security and Emergency Management Agency will use these funds to purchase equipment that will help support the Emergency Operations Center. Some of the equipment that will be purchased is desktop computers along with notebooks. We are also looking to purchase surveillance cameras, which will be used for Homeland Security. Attached is the grant agreement outlining the terms and conditions of the agreement and applicable grant guidance. Recommendation: I recommend that the City of Des Plaines pass a Resolution to enter into this grant agreement with ILEAS, which will allow the City of Des Plaines to receive $70,074.06 to help support our Emergency Operations Center. Attachments Grant Agreement Resolution Winols Law Enforcement Alarm System s Mark Beckwith Chief of Police Milan President Robert McCarty Sheriff Livingston County Vice -President Larry Evans Chief of Police Centralia Treasurer David Snyders Sheriff Stephenson County Secretary Wayne Gulliford Deputy Chief Chicago Sergeant -at -Arms James Page ILEAS Executive Director Des Plaines EMA Coordinator John Pluta 1420 Miner Street Des Plaines, IL 80016 Coordinator. 217-328-38011 www.ileas.org June 28, 2010 Enclosed is your 2009 ILEAS Emergency Operations Center Technology Grant and a "Budget Packet Form." We have scheduled a meeting, for representatives from each of the successful applicant agencies, for August 4, 2010, from 1:00 p.m. to 4:00 p.m. At that time, we will explain all of the grant requirements, administrative procedures and best practices to ensure that your agency receives the grant funds as quickly as possible. Please review the Grant itself, share it with your local authorities, if necessary, and bring it to the one day meeting. Your agency's Federal Tax Identification Number needs to be filled in under Part VII and then the agreement needs to be signed and dated. Please keep a copy for your records. Bring the original signed grant with you to the meeting or make sure the person with authority to sign the Grant attends the meeting August 4. Please look over the "Budget Packet Form" as well. It is a one page document for you to fill out before the meeting on August 4. Instructions for completing the form are included on the form itself. It is not intended to be complicated; it just gives ITTF some baslc assurances about your budget and quotes. Bring it with you when you come. Be sure to bring with you to the meeting on August 4: - the signed Grant or the person who has authority to sign it your projected budget (with any changes made since the application process) copies of quotes from vendors to support the budget the "Budget Packet Form" We are asking you to bring your budget and supporting quotes because that information will allow us to GUARANTEE that APPROVAL has been given by ITTF before you spend any money and SPEED UP your receipt of payments. Here's how we'll use it: 1. we will submit your project, budget and vendor quotes to ITTF and ask for approval; 2. we will notify you when ITTF responds; 3. if approval was not given, we will work with you to resolve any issues and move your project forward; 4. when approval is given, we will notify you and ask you to proceed with you vendor, 5. when the purchase is made and you have submitted the final paperwork to ILEAS, we will issue payment to your agency. (We'll explain the final paperwork in detail at the meeting on August 4.) ILEAS is committed to making your projects work for your jurisdictions. We will remain flexible throughout this process. We recognize that needs and plans change and that you may not ultimately spend your awarded dollars exactly as projected. But, by planning thoroughly, we will be able to speed up this process for most of the grant recipients. If you have any questions about the meeting or the grant, please do not hesitate to e-mail me at mmcavoy@ileas.orq or call (217) 328 — 3800. Sincerely, , _Lucy Mick McA ILEAS Budget Packet Form Instructions: 1. Attach to the back of this form, the budget created when your agency applied for the EOC Technology Grant, including any modifications that have been made since the application was submitted. Include with your budget copies of the vendor quotes that you are relying on. At this time, you do NOT need to attach vendor quotes that you are not going to use. 2. Complete the following sections and sign the bottom of this form. A. Agency Name: (hereinafter called "Agency") B. Agency complied with applicable local rules for procurement when obtaining the attached vendor quotes. Initials: C. Each of the attached quotes was the lowest quote for that item / service. Initials: OR One or more of the attached quotes was selected over a tower quote for that item / service. (If you are using one or more quotes that were not the lowest, identify each quote and briefly explain why it was selected. Attach a separate sheet of paper if necessary.) Name: Title: Signed: Date: T iII4ES Law Enforcement Alarm System 200') ILEAS Emergency Operations Center Grant NOTICE OF GRANT AGREEMENT PART I - Notice of Crant Award to Des Plaines EMA '['his Grant Agreement is made and entered by and between the Illinois Law Enforcement Alarm System (Grantor), 1701 East Main Street, Urbana, Illinois 61802, and Des Plaines EMA (Grantee), 1420 Miner Street, Des Plaines, Illinois 60016. WHEREAS, this Grant is to utilize funds from the Department of Homeland Security (DIIS), Fiscal Year 2009 IIomeland Security Grant Program, State Homeland Security Program (SI ISP), local, C FDA 1197.067, and the Illinois Emergency Management Agency (II:MA), grant 0911,I:ASEOC. THEREFORE, the Grantor is hereby making available to the Grantee the amount not exceeding $70,074.06 for the period from the date of final execution of this Agreement through March 31, 2011. The Grantee hereby agrees to use the funds and/or equipment provided under the agreement for the purposes set forth herein and agrees to comply with all terms and conditions of this agreement and applicable grant guidance. This period of award may be amended if there is a delay in the release of these funds from the Federal Government or the State of Illinois. It is agreed between the parties that the agreement, as written, is the full and complete agreement between the parties and that there are no oral agreements or understanding between the parties other than what has been reduced to writing herein. This Grant Agreement and Attachments constitute the entire agreement between the parties. PART II - Term The term of this Grant Agreement shall be from the date of final execution of this Agreement through March 31, 2011. PART III - Scope of Work Through this Agreement, the Grantee will execute a project to expand primary emergency operation center capabilities. This project and its relevance to Illinois' FFY 2009 State Homeland Security Program Investment Justifications are outlined in the grant application submitted by Grantee. The Budget Detail Worksheet, provided in Attachment A, outlines the costs required by the Grantee to complete the Scope of Work (Part III) for this project and expenditures for which the Grantee will seek reimbursement. The Grantor will only reimburse those expenditures that are specifically listed in the Budget Detail Worksheet. Each Budget Detail Worksheet submitted by the Grantee and approved by the Grantor shall be considered an authorized budget and an attachment of this Grant Agreement. The Discipline Allocation Worksheet, provided in Attachment B, outlines the discipline specific expenditure allocation classification listed in the Scope of Work (Part 111.) The Grantee must submit to the Grantor the updated Discipline Allocation Worksheet with each revised Budget Detail Worksheet and as outlined in Part V Reports. PART 1V - Compensation Amount The total compensation and reimbursement payable by the Grantor to the Grantee shall not exceed the sum of $70,074.06. PART V - Terms and Conditions STANDARD ASSURANCES: The Grantee assures that it will comply with all applicable federal statutes, regulations, executive orders, and other federal requirements in carrying out any project supported by federal funds. The Grantee recognizes that federal laws, regulations, policies, and administrative practices may be modified from time to time and those modifications may affect project implementation. The Grantee agrees that the most recent federal requirements will apply to the project. FISCAL FUNDING: The Grantor's obligations hereunder shall cease immediately, without penalty or further payment being required, in any year for which the General Assembly of the State of Illinois fails to mala an appropriation sufficient to pay such obligation or either the Illinois Emergency Management Agency or Federal Emergency Management Agency fails to provide the funds. The Grantor shall give Grantee notice of such termination for funding as soon as practicable after Grantor becomes aware of the failure of funding. Grantee's obligation to perform work shall cease upon notice by Grantor of lack of appropriated funds. EQUIPMENT: Grantor reserves the right to reclaim or otherwise invoke the Illinois Grant Funds Recovery Act on any and all equipment purchased by grantee with grant funds if said equipment has fallen into neglect or misuse according to the standards and policies of the Grantor. Additionally, Grantee may not substitute, exchange or sell any equipment purchased with grant funds unless Grantee has the express written consent of the Grantor. The Grantee agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." METHOD OF COMPENSATION: The Grantee will submit to the Grantor a vendor invoice or computer generated report with description of costs, including statement of payment for personnel costs and affirmation or evidence of delivery and property identification numbers for property subject to Grantor policies and procedures, in order to receive compensation through this agreement. The method of compensation shall be reimbursement in accordance with the invoice voucher procedures of the Office of the State of Illinois Comptroller. The Grantee agrees to maintain appropriate records of actual costs incurred and to submit expenditure information to the Grantor. No costs eligible under this Grant Agreement shall be incurred after March 31, 2011. The Grantee must submit a final Budget Detail Worksheet, and Discipline Allocation Worksheet to the Grantor within 45 days after the expiration of this agreement. The Grantee also agrees that Funds received under this award will be used to supplement, but not supplant, state or local funds li)r the same purposes. ACCOUNTING REQUIREMENTS: 'l'he Grantee shall maintain effective control and accountability over all funds, equipment, property, and other assets under this agreement as required by the Grantor. The Grantee shall keep records sufficient to permit the tracing of funds to ensure that expenditures are made in accordance with this agreement. REPORTS: The Grantee agrees to provide to the Grantor project information to support the completion of Federal and State reporting requirements. I,0IRI3YING: The language of the lollowing certification being mandated by the Notice of Grant Agreement between IFMA and ILEAS; the Grantee certifies to the bcst of his or her knowledge and belief that for each contract for federal assistance exceeding $100,000: (a) No federal appropriated funds have been or will be paid by or on behalf of the Grantee to any person to influence or attempt to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress regarding the award of federal assistance, or the extension continuation, renewal, amendment, or federal assistance, or the extension, continuation, renewal, amendment, or modification ol'any federal assistance agreement; and (b) If any funds other than federal appropriated funds have been or will be paid to any person to influence or attempt to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any application for federal assistance, the Grantee assures that it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," including information required by the instructions accompanying the form, which form may be amended to omit such information as authorized by 31 U.S.C. 1352. AUDITS AND INSPECTIONS: The Grantee will, as often as deemed necessary by the Grantor, IEMA, DHS, or any of their duly authorized representatives, permit the Grantor, IEMA, DHS or any of their duly authorized representatives to have full access to and the right to examine any pertinent books, documents, papers and records of the Grantee involving transactions related to this grant agreement for three years from the date of submission of the final Budget Detail Worksheet or until related audit findings have been resolved, whichever is later. The Grantee certifies that all audits submitted under the provisions of OMB Circulars A-133, Audits of States, Local Governments, and Non -Profit Organizations, have been approved by the Grantor. The Grantee acknowledges that these are federal pass-through funds that must be accounted for in the jurisdiction's Single Audit under the Single Audit Act of 1996, if required. MODIFICATION AND AMENDMENT OF THE GRANT: This grant agreement is subject to revision as follows: A. Modifications may be required because of changes in State or Federal laws, regulations, or Federal grant guidance as determined by the Grantor. Any such required modification shall be incorporated into and will be part of this Agreement. The Grantor shall notify the Grantee of any pending implementation of or proposed amendment to such regulations berme a modification is made to the Agreement. 13. Modifications may be made upon written agreement oI both Grantor and Grantee. TERMINATION FOR CONVENIENCE: This agreement may be terminated in whole or in part by the Grantor for its convenience, provided that, prior to termination, the Grantee is given: 1) not less than ten (10) calendar days written notice by certified mail, return receipt requested, of the Grantor's intent to terminate, and 2) an opportunity for consultation with the Grantor prior to termination. In the event of partial or complete termination of this agreement pursuant to this paragraph, an equitable adjustment of costs shall be paid to the (Grantee Iur expenses incurred under this agreement prior to termination. TERMINATION FOR BREACH OR OTIIER CAUSE: The Grantor may terminate this agreement without penalty to the Grantor or further payment required in the event of: A. Any breach of this agreement which, if it is susceptible of being cured, is not cured within 15 calendar days after receipt of the Grantor's notice of breach to the Grantee. B. Material misrepresentation or falsification of any information provided by the Grantee in the course of any dealing between the parties or between the Grantee and any State Agency. Grantee's failure to comply with any one of the terms of this Grant Agreement shall be cause for the Grantor to seek recovery of all or part of the grant proceeds. RETENTION OF PROPERTY RECORDS: Grantee agrees to maintain records for equipment, non -expendable personal property, and real property. If any litigation, claim, or audit is started before the expiration of the three-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. NON-DISCRIMINATION: In carrying out the program, the Grantee will comply with all applicable Federal Statutes relating to nondiscrimination including, but not limited to: • Title VI of the Civil Rights Act, 42 U.S.C. 2000d, which prohibits discrimination on the basis of race, color, or national origin; • Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 through 1683, and 1685 through 1687, and U.S. DOT regulations, "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, "49 CFR Part 25, which prohibit discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap; • The Age Discrimination Act of 1975, as amended 42 U.S.C. 6101 through 6107, which prohibits discrimination on the basis of age. • The Drug Abuse Office and Treatment Act of 1972, Pub. L. 92-255, March 21, 1972, and amendments thereto, 21 U.S.C. 1174 et seg. relating to nondiscrimination on the basis of drug abuse; • The Comprehensive Alcohol Abuse and Alcoholism Prevention Act of 1970, Pub. 1.. 91-616, Dec. 31, 1970, and amendments thereto, 42 U.S.C. 4581 el seq. relating to nondiscrimination on the basis of alcohol abusc or alcoholism; • The Public Health Service Act of 1912, as amended, 42 U.S.C. 290dd-3 and 290ee-3, related to confidentiality of alcohol and drug abuse patient records; • 'Title V111 of the Civil Rights Act, 42 U.S.C. 3601 et seq., relating to nondiscrimination in the sale, rental, or financing of housing. • The Americans with Disabilities Act of 1990, as amended and 42 U.S.C. 12101 et seq. • Any other nondiscrimination provisions in the specific statutes under which Federal assistance for the project may be provided including, but not limited, to 49 U.S.C. 5332, which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity, and Section 1101(b) of the Transportation Equity Act for the 21st Century, 23 U.S.C. 101 note, which provides for participation of disadvantaged business enterprises in FTA programs; and • Any other nondiscrimination statute(s) that may apply to the project. The Grantee shall take affirmative action to ensure that applicants for employment arc employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, ancestry, age, physical or mental handicap unrelated to ability, marital status, or unfavorable discharge from military service. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training; including apprenticeship. The Grantee shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this non-discrimination clause. SEVERABILITY CLAUSE: If any provision under the Grant Agreement or its application to any person of circumstance is held invalid by any court of competent jurisdiction, this invalidity does not affect any other provision or its application of the Grant Agreement which can be given effect without the invalid provision or application. DEBARMENT: The Grantee shall comply with Debarment provisions as contained in 49 Code of Federal Regulations, Part 29, including Appendices A and B as amended. The Grantee certifies that to the best of its knowledge and belief, Grantee and Grantee's principals: a) are not presently debarred, suspended, proposed, for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal Agency or agency; b) within a three-year period preceding this Agreement have not been convicted of or had a civil judgment rendered against it for commission of fraud or 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, violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records making false statements receiving stolen property; c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offences enumerated in subsection (b), above; d) have not within a three-year period preceding this Agreement had one or more public transactions (federal, state, or local) terminated for cause or default. The inability of the Grantee to certify to the certification in this section will not necessarily result in denial of participation in the Agreement. The Grantee shall submit an explanation of why it cannot provide the certification in this section. This certification is a material representation of fact upon which reliance was placed when the Grantor determined whether to enter into this transaction. If it is later determined that Grantee knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the Grantor may terminate this Agreement for cause. 'l'he Grantee shall provide immediate written notice to the Grantor if at any time the Grantee learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this section shall have the meaning set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. The Grantee agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized, in writing, by the Grantor. The Grantee agrees that it will include the clause titled "Certification Regarding, Debarment, Suspension, Ineligibility, and Voluntary Exclusion -Lower Tier Covered Transaction." provided by the Grantor, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. The Grantee may rely upon a certification of a prospective participant in a lower tier covered transaction, unless Grantee knows the certification is erroneous. Grantee may decide the method and frequency by which it determines the eligibility of its principals. The Grantee may, but is not required to, check the Non -procurement List. If a Grantee knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation, in addition to other remedies available to the federal government, the Grantor may terminate this Contract for cause or default. WORKER'S COMPENSATION INSURANCE, SOCIAL SECURITY, RETIREMENT AND HEALTH INSURANCE BENEFITS, AND TAXES: The Grantee shall provide worker's compensation insurance where the same is required, and shall accept full responsibility for the payment of unemployment insurance, premiums for worker's compensation, social security and retirement and health insurance benefits, as well as all income tax deductions and any other taxes or payroll deductions required by law for employees of the Grantee who are performing services specified by the grant agreement. WAIVERS: No waiver of any condition of this Agreement may be effective unless in writing from the Director of the Grantor. BOYCOTT: The Grantee certifies that neither it nor any substantially -owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act. WORK PRODUCT: The Grantee acknowledges DHS FEMA GPD, and State of Illinois reserve a royalty -free, non exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal and State purposes: (1) the copyright in any work developed under an award or sub -award; and (2) any rights of copyright to which a recipient or sub - recipient purchases ownership with Federal support. The Grantee agrees to consult with DI IS FEMA (iP[), through the Grantor, regarding the allocation of any patent rights that arise from, or are purchased with, this liuxiing. The Grantee shall include in all publications created through this grant agreement shall prominently contain the following statement: "This document was prepared under a grant from FEMA 's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate, U.S. Department of Homeland Sc'curit►' or State of 1/linoi.ti. " MAINTENANCE AND INVIEW (W EQUIPMENT: 'I'hc Grantor reserves the right to reallocate or repossess all equipment procured by the Grantee under this grant agreement if the property is not properly maintained by the Grantee according to the manufacturer's guidelines and Grantor's requirements. All equipment procured by the Grantee through this grant agreement shall be made available for review by the Grantor upon request. Grantee must maintain an inventory of any single item purchased pursuant to this grant that exceeds $5,000 in value. LIAI3II,ITY: The Grantor assumes no liability Cor actions of the Grantee under this agreement, including, but not limited to, the negligent acts and omissions of Grantee's agents, employees, and subcontractors in their performance of the Grantee's duties as described under this agreement. In addition, the Grantor makes no representations, or warrantees, expressed or implied, as to fitness for use, condition of, or suitability of said equipment purchased pursuant to this agreement, cxcept as those representations are made by the manufacturer of said equipment. As to nature and condition of said equipment, in the use of said equipment, the Grantee agrees to hold the Grantor harmless for any defects or misapplications. To the extent allowed by law, the Grantee agrees to hold harmless the Grantor against any and all liability, loss, damage, cost or expenses, including attorney's fees, arising from the intentional torts, negligence, or breach of the agreement by the Grantee, with the exception of acts performed in conformance with an explicit, written directive of the Grantor. ENVIRONMENTAL AND HISTORIC PRESERVATION (EHP) COMPLIANCE: The Grantee shall not undertake any project having the potential to impact Environmental or Historical Preservation (EHP) resources without the prior approval of DHS FEMA GPD, including but not limited to communications towers, physical security enhancements, new construction, and modifications to buildings, structures and objects that are 50 years old or greater. fhe Grantee must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the Grantee must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the Grantee will immediately cease construction in that area and notify DHS FEMA GPD and the appropriate State Historic Preservation Office. Any construction activities that have been initiated without the necessary EHP review and approval will result in the non-compliance finding and will not be eligible for DHS FEMA GPD funding. PART VI — Assurances 'I'hc Grantee assures that no official or employee of the Grantee who is authorized in the Grantee's official capacity to negotiate, make, accept, or approve, or to take part in such decisions regarding a contract for acquisition/development of property in connection with this agreement, shall have any financial or other personal interest in any such contract for the acquisition/development. 'I'hc Grantee will comply, as applicable, with provisions of the I latch Act (5 tI.S.C. §§1501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. The Grantee shall not use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the Grantor. The Grantee will comply with all applicable requirements of all other State and Federal laws, executive orders, regulations governing this program, and policies and procedures promulgated by the Grantor prior to or during the performance period of this agreement. The Grantee agrees that funds utilized to establish or enhance state and local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines and achievement of a baseline level of capability as defined by the Fusion Capability Planning Tool. PART VII - Certification The Grantee certifies that it has fully implemented all current National Incident Management System compliance activities in accordance with Homeland Security Presidential Directive 5 (HSPD-5), Management of Domestic Incidents and related compliance documentation provided by the Secretary of Homeland Security and State of Illinois. The Grantee further certifies that all required compliance documentation is on file with the appropriate Federal and State entity as required by the State of Illinois throughout the performance period of this agreement. The Grantee certifies that it has not been convicted of bribery or attempting to bribe an officer or employee of the State of Illinois, nor has any official, agent, or employee of the Grantee committed bribery or attempted bribery on behalf of the Grantee and pursuant to the direction or authorization of a responsible official of the Grantee. The Grantee hereby certifies that it has not been barred from bidding on, or receiving State or local government contracts as a result of illegal bid rigging or bid rotating as defined in the Criminal Code of 1961 (720 ILCS 5/33E-3 and 33E-4). The Grantee certifies that it will comply with all applicable State and Federal laws and regulations. The Grantee certifies that to the extent applicable, grantee will comply with the Davis-I3acon Act, as amended, 40 U.S.C. 3141 et seq., the Copeland "Anti -Kickback" Act, as amended, 18 U.S.C. 874, and the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. 3701 el seq., regarding labor standards for federally assisted sub agreements. The Grantee certifies that it will return to the Grantor all State or Federal grant fiends that are not expended or received from the Grantor in error. The Grantor may recapture those funds in accordance with State and Federal laws and regulations. The Grantee further certifies that its failure to comply with any one of the terms of this Grant Agreement shall be cause for the Grantor to seek recovery of all or part of the grant proceeds. The Grantee certifies that it will establish safeguards to prohibit employees, contractors, and subcontractors from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Under penalties of perjury, I certify that is my correct Federal Taxpayer Identification Number and that IRS Instructions have been provided for proper completion of this certification. I am doing business as a governmental agency. Part VIII - Drug Free Certification This certification is required by the Drug Free Workplace Act (30 ILCS 580). The Drug Free Workplace Act, effective January 1, 1992, requires that no Grantor or contractor shall receive a grant or be considered for the purposes of being awarded a contract for the procurement of any property or services from the State unless that Grantor or contractor has certified to the State that the Grantor or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of the contractor or grant and debarment of contracting or grant opportunities with the State for at least one (1) year but not more than five (5) years. For the purpose of this certification, "Grantor" or "contractor" means a corporation, partnership, or other entity with twenty-five (25) or more employees at the time of issuing the grant, or a department, division, or other unit thereof, directly responsible for the specific performance under a contract or grant of $5,000 or more from the State. "I'he contractor/Grantor certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the Grantor's or contractor's workplace. (2) Specifying the actions that will be taken against etnployees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will: (A) Abide by the terms of the statement; and (B) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. (b) Establishing a drug free awareness program to inlorin employees about: (1) the clangers of drug abuse in the workplace; (2) the Grantor's or contractor's policy of maintaining a drug free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon an employee for drug violations (c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the Grantor within ten (10) days after receiving notice under part (B) of paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction. (c) (I) (g) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is so convicted, as required by section 5 of the Drug Free Workplace Act. Assisting employees in selecting a course of action in the event drug counseling, treatment, and rehabilitation is required and indicating that a trained referral team is in place. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized representatives. Illinois Law Enforcement Alarm System Des Plaines EMA (Grantor) (Grantee) By: DATE: By:. ames R. Page, Executiv, Director Name and Title DATE: CITY OF DES PLAINES RESOLUTION R - 101 - 10 A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO ENTER INTO A GRANT AGREEMENT WITH THE ILLINOIS LAW ENFORCEMENT ALARM SYSTEM FOR REIMBURSABLE FUNDS TOTALING $70,074.06. WHEREAS, Article VII, Section l0, of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations and corporations, in any manner not prohibited by law or ordinance; and WHEREAS, in April 2010, the Homeland Security and Emergency Management Agency applied for an Illinois Law Enforcement Alarm System (ILEAS) Grant to be used for equipment to enhance the Emergency Operation Center, as well as Homeland Security issues throughout Des Plaines; and WHEREAS, ILEAS has approved the City to receive $70,074.06 in reimbursable funds, which will be used to purchase equipment, including desktop and notebook computers and surveillance cameras, that will help support the Emergency Operations Center; and WHEREAS, it is in the best interest of the City to enter into the grant agreement to receive reimbursable funds totaling $70,074.06 from the Illinois Law Enforcement Alarm System for the purchase of equipment to enhance the Emergency Operation Center, as well as Homeland Security issues throughout Des Plaines; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows; SECTION 1: That the recitals set forth herein above are incorporated herein by reference as the factual basis for this transaction. SECTION 2: That City of Des Plaines is hereby authorized to enter into the grant agreement to receive reimbursable funds totaling $70,074.06 from the Illinois Law Enforcement Alarm System for the purchase of equipment to enhance the Emergency Operation Center, as well as Homeland Security issues throughout Des Plaines, a copy of which is attached hereto and made a part hereof as Exhibit "A." 1 SECTION 3: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2010. APPROVED this day of , 2010. VOTE: AYES NAYS ABSENT MAYOR ATTEST Approved as to form: a? la& CITY CLERK David R. Wiltse, City Attorney Legal\Rcs\20I0\Grant Agreement ILEAS Cameras EMA Cm OF DES PLAINES ILLINOIS Consent Agenda Items #7 & 7a City of Des Plaines Public Works and Engineering Department 1420 Miner Street Des Plaines, IL 60016 Tel: 847-391-5390 Fax: 847-391-5619 MEMORANDUM Date: July 8, 2010 Ref. #10-095 To: Jason Slowinski, A g City Manager From: Jon Duddles, P.E., istant Director of Public Works & Engineering ,VD Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works & Engineering' Subject: Des Plaines River Road Reconstruction (Higgins Road to Touhy Avenue) — Midwest Gaming & Entertainment Cost Sharing Agreement Issue: Bids for the Des Plaines River Road Reconstruction project were opened May 26, 2010. This project consists of pavement reconstruction, traffic signal modernization and lighting on Des Plaines River Road from Higgins Road to Touhy Avenue. Analysis: In connection with this project, the City needs to enter into an agreement with Midwest Gaming & Entertainment for payment of their share of the project. This agreement stipulates that Midwest Gaming & Entertainment, upon execution of the construction contract and request of payment from the City, will pay the city 95% of their share of the project costs. These costs include traffic signal constriction, construction engineering, right of way for traffic signal, and supplemental bid (project acceleration). The remaining 5% will be paid to the City upon receipt of the final invoice. Agenc Sco e Midwest Gaming & Entertainment Traffic Signal Construction, Construction Engineering, Right of Way for Traffic Signal, Supplemental Bid #1 Amount $688,484 Recommendation: We, therefore, recommend entering into an agreement with Midwest Gaming & Entertainment LLC, 900 N. Michigan Avenue, Suite 1900, Chicago, IL 60611. In the amount of $688,484 with 95% ($654,059) being due upon execution of the agreement. JD/dls Attachments Resolution Local Agency/Midwest Gaming Agreement CITY OF DES PLAINES RESOLUTION R - 103 - 10 A RESOLUTION AUTHORIZING THE EXECUTION OF A COST SHARING AGREEMENT BETWEEN THE CITY OF DES PLAINES AND MIDWEST GAMING & ENTERTAINMENT, LLC FOR THE RECONSTRUCTION OF DES PLAINES RIVER ROAD. WHEREAS, Article VII, Section 10, of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations and corporation, in any manner not prohibited by law or ordinance; and WHEREAS, on April 19, 2010, by Resolution R-53-10, the City Council entered into a Local Agency/State Agreement with the Illinois Department of Transportation to receive funds from IDOT for the reconstruction of Des Plaines River Road and to allow the jurisdictional transfer of Des Plaines River Road from Touhy Avenue to Devon Avenue from the Illinois Department of Transportation to the City of Des Plaines; and WHEREAS, on June 7, 2010, by Resolution R-73-10, the City Council accepted the bid submitted by F. H. Paschen, S. N. Nielsen & Associates, LLC for the reconstruction of Des Plaines River Road from Touhy Avenue to Devon Avenue, at a cost not to exceed $11,552,960.63; and WHEREAS, the City of Des Plaines' share of this project for traffic signal, sidewalk and curb construction is $180,005 plus $18,001 for construction engineering for a total of $198,006; and WHEREAS, Midwest Gaming & Entertainment, LLC's share for traffic signal and related construction is $319,531 and Midwest Gaming has agreed to proceed with supplemental bid #1, which provides for the completion of this project by June 15, 2011 at an additional cost of $140,000, for a total of $459,531. Further, Midwest Gaming is responsible for construction engineering in the amount of $45,953 and right of way costs in the amount of $183,000. Therefore, the total cost to Midwest Gaming is $688,484; and WHEREAS, it is in the best interest of the City of Des Plaines to enter into the Cost Sharing Agreement between the City of Des Plaines and Midwest Gaming & Entertainment, LLC for the reconstruction of Des Plaines River Road; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois in the exercise of its home rule powers, as follows: 1 SECTION 1: That the recitals set forth herein above are incorporated herein by reference as part of the factual basis for this transaction. SECTION 2: That the City Manager is hereby authorized to execute the Cost Sharing Agreement between the City of Des Plaines and Midwest Gaming & Entertainment, LLC for the reconstruction of Des Plaines River Road, a copy of which is attached hereto and made a part hereof as Exhibit "A." SECTION 3: That said agreement sets forth the rights and responsibilities of the parties thereto. SECTION 4: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2010 APPROVED this day of , 2010 VOTE: AYES NAYS ABSENT ATTEST: Approved as to form: MAYOR CITY CLERK David R. Wiltse, City Attorney Legal Res\2010ULvcr Road Cost Sharing Agreement Midwest Gaming Local Agency City of Des Plaines Section 51 R-1 Illinois Department of Transportation Local Agency/DEVELOPER Agreement Job Number - Construction C-91-155-10 Job Number - Engineering/ROW D-91-285-01 This Agreement is made and entered into between the above local agency hereinafter referred to as "LA", and Midwest Gaming & Entertainment, LLC, hereinafter referred to as "DEVELOPER". The LA proposes to improve the designated location as shown below and the DEVELOPER agrees to share In a portion of the costs incurred In connection with the proposed improvement on the terms and conditions provided for herein. Local Name Des Plaines River Road Route FAU 2710 Termini Devon Avenue to Touhy Avenue as shown on Exhibit A attached Length 8357 LF Current Jurisdiction City of Des Plaines Improvements as Road) - Section Reconstruction, Associates, Inc Project Description illustrated in the Proposed Highway Plans - F.A.U. 2710 (Des Plaines River 51 R-1 titled "Des Plaines River Road (Higgins to Touhy Ave) Pavement Traffic Signal Modernization, & Lighting" prepared by Christian-Roge & . for the State of Illinois Department of Transportation Division of Highways. Type of Work Participating Construction Construction Engineering Right -of -Way Division of a portion of Project Cost between LA and Developer DEVELOP ER Share LA Share 319,531 180,005 45,953 18,001 183,000 Supp. Bid (Schedule) 140,000 0 0 0 0 0 0 0 TOTAL $688, 484** $ 0 $198,006** **Notes: Actual Construction Engineering cost to Developer will be 10% of total Participating Construction and Supp. Bid and therefore is subject to adjustment up or down. The total Project Cost upon which Developer's Share and LA's Share are based is set forth on Exhibit B attached (the "Project Cost"). Exhibit " A" Payment Method (check one): 0 Upon award of the project and request of payment from the LA, the DEVELOPER will pay the LA 100% its share of the project costs. Printed 7/13/2010 Page 1 of 5 B ..R 75323 (Rev. 07/21/09) El Upon execution of the construction contract (the "Contract") between LA and F.H. Paschen, S.N. Nielson & Associates, LLC (the "Contractor") and request of payment from the LA, the DEVELOPER will pay the LA 95% of its share of the Project Costs, as shown above. The remaining 5% will be paid to the LA upon receipt of the final invoice. A copy of the signed Contract will be fumished to DEVELOPER. ❑ The DEVELOPER will reimburse the LA for the DEVELOPER share of the project on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LA Printed 7/13/2010 Page 2 of 5 BLR 05323 (Rev. 0721 09) Agreement Provisions 1. It is mutually agreed that the PROJECT will be processed, let and constructed in accordance with Motor Fuel Tax standards, policies and procedures. 2. The LA hereby certifies that all necessary right-of-way, temporary and permanent easements, and temporary use permits have been (or will be) obtained in a timely manner or are not required. 3. The PROJECT has been let and awarded by the LA based upon the construction plans and specifications prepared by Christian-Roge & Associates, Inc. and approved for letting by IDOT on April 29, 2010, consisting of 205 pages (collectively, the "Plans"). 4. The LA agrees to retain jurisdiction and to maintain or cause to be maintained the completed PROJECT in a manner consistent with LA and IDOT policies and standards. 5. The Plans have been approved by the DEVELOPER and the LA. After receipt of a satisfactory bid, the LA has awarded the Contract to the lowest responsible bidder ( i.e., the Contractor) for the combined total Project construction cost of $11,552,960.63 as shown on Exhibit B attached, including an agreed to schedule alternate to achieve the Completion Date in the amount of $140,000.00 (shown above as the Supp. Bid [Schedule]) 6. The LA shall maintain, during construction and for a minimum of 3 years after the completion of the PROJECT, adequate books, records, and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with this Agreement as well as records relating to manpower, weather conditions and work completed. All such books, records, and supporting documents shall be available for review by the DEVELOPER. The LA agrees to cooperate fully with any review conducted by the DEVELOPER, to provide full access to all relevant materials and, if appropriate, make an adjustment in DEVELOPER'S share. In addition, at reasonable intervals during construction, upon request of DEVELOPER, LA will provide a report on the status of the PROJECT. 7. The Contract shall provide for completion of the Project on or before June 15, 2011 (the "Completion Date"). The LA certifies that a notice to proceed was issued under the Contract on June 14, 2010. If LA becomes aware of any facts or circumstances (such as those related to weather, unknown or changed conditions, failure of performance by Contractor or claims or disputes relating to the PROJECT) which could reasonably be expected to cause a delay in the Work contemplated herein or cause the Work to not be completed by the Completion Date, it shall promptly notify Developer, and the parties shall, in a cooperative and collaborative way, address any such facts or circumstances to avoid or mitigate any such perceived delay. 8. Upon completion of those portions of the Project that directly relate to the Casino, the LA will submit to the DEVELOPER a complete and detailed final invoice with all applicable supporting documentation of all incurred Project Costs for which DEVELOPER is responsible hereunder, less previous payments, no later than sixty (60) days from the date of completion of those portions of the Project. DEVELOPER shall make final payment hereunder within 45 days thereafter. 9. The LA hereby certifies that it has entered into an agreement with IDOT, a copy of which is attached as Exhibit C, and that IDOT has agreed to make available the portion of the funds for the Work contemplated herein to be paid by the State as set forth on Exhibit B. 10. All projects 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. 11. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. 12. DEVELOPER shall be given the following: (a) the schedule for, and access to, the regularly scheduled meetings, on and off site, between the LA and the Contractor. (b) advance notice of all meetings (including changes to regularly scheduled meetings) with Contractor, utilities, governmental agencies and/or others relating to: Printed 7/13/2010 Page 3 of 5 BLR 05323 (Rev. 07/21/09) (i) any changes in the Plans (or other "Contract documents", as defined in the Contract) which could increase DEVELOPER's Share or impact the approved progress schedule or impact the scheduling or coordination of construction that is on the site of the Casino; and, (ii) any changes in the Project Cost (to the extent it could increase DEVELOPER'S Share), or any changes in the Contract Time, Completion Date or the approved progress schedule; (c) copies of all changes to the Plans (or other Contract documents), changes in the Project Cost (to the extent it could increase DEVELOPER'S Share) and changes to the Contract Time, Completion Date or the approved progress schedule for the Project; (d) prompt notice of any claims made or disputes in connection with the PROJECT that may affect DEVELOPER's adjacent casino project, and DEVELOPER shall be given copies of all notices (and other written communications, including e-mails) given or received by LA related to any such changes, claims or disputes; Without limitation of the foregoing, to the extent change orders to the Project Cost increase DEVELOPER'S Share, on a cumulative basis, by more than ten percent, that is by more than $68,848 in the aggregate, DEVELOPER shall have the right to thereafter approve change orders to the Project Cost which would further increase DEVELOPER'S Share. DEVELOPER agrees to notify LA of its approval or disapproval within 2 business days after it receives notice of the proposed change order and documentation in reasonable detail in support thereof. 13. DEVELOPER's representatives shall have the right to access and monitor the Work contemplated herein, it being acknowledged by DEVELOPER that it has no authority in connection with the Contract or the Work and that in no event shall DEVELOPER'S representatives interfere with or disrupt the Work. LA will cooperate (and direct the Contractor and Resident Engineer to cooperate) with DEVELOPER's representatives. For purposes of this Agreement, all notices and correspondence to DEVELOPER shall be given to: Jaimie Bulla Development Management Associates 1200 N. Clark Street, Suite 300 Chicago, Illinois, 60610 p. 312-640-2000 Jaimie@dmassociates.com 14. Except as other wise defined herein, the initially capitalized terms used herein shall have the meanings ascribed to such terms in the Contract documents. Local Agency City of Des Plaines Section 51 R-1 Printed 7/13/2010 Page 4 o' 5 BLR 05323 (Rev. 07/21/09) EXHIBITS Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Exhibit A - Location Map Exhibit B- Allocation of Project Cost Exhibit C LA/State Funding Agreement The LA and DEVELOPER each accept, will comply with and be bound by the provisions set forth in this Agreement. APPROVED APPROVED Local Agency Midwest Gaming & Entertainment, LLC (Print or Type Name) Date (County Board Chairperson/MayorMllage President/etc.) (Signature) Date TIN Number NOTE: If signature is by an APPOINTED official, a resolution said appointed official to execute this agreement is required. Attest: Local Agency City of Des Plaines Section 51 R-1 604082 Printed 7/13/2010 Page 5 of 5 BLR 05323 (Rev. 07'21/09) STATE OF ILLINOIS FOR MU OF SHEETS. SEE SHEET N0. 7 • i• c'.'1 _,__., _._ .i� - t i / / ce. . --. _•_� -,-T-;-; I ._ _ 0 i i-r—t, r -"j• DEPARTMENT OF TRANSPORTATION TON UST OF STANDARDS, SEF SHEET N0.7 OF HIGHWAYS 0 a �o O 2 Exhibit B Agency Construction Scope Construction Cost Construction Engineering Cost Total Cost Illinois Road Reconstruction $10,801,008.32 $1,080,100.83 $11,881,109.15 Department of Transportation City of Des Plaines Traffic Signal, Curb and Sidewalk $180,005.36 $18,000.54 $198,005.90 Village of Traffic Signal $112,415.57 $11,241.56 $123,657.13 Rosemont Midwest Gaming & Entertainment Traffic Signal, Lighting, Entrance $319,531.38 $31,953.14 $351,484.52 LLC Project Acceleration $140,000.00 $14,000.00 $154,000.00 Total = $11,552,960.63 $1,155,296.07 $12,708,256.70 EXHIBIT1 Local Agency City of Desplalnes Section 51 R-1 Inds Department Of Mansportation Local Agency/State Agreement Job Number - Construction C-91-155-01 Job Number- Engineering/ROW D-91-285-10 This Agreement is made and entered into between the above local agency hereinafter referred to as "LA", and the State of Illinois, acting by and through Its Department of Transportation, hereinafter referred to as "STATE". The STATE and LA jointly propose to Improve the designated location as shown below. Location Local Name Des Plaines River Road Termini Higgins Road to Touhy Avenue Route FAU 2710 Length 8,357 L.F. Current Jurisdiction State Project Description Pavement reconstruction and widening along approximately 8,357 lineal feet of Des Plaines River Road to provide two 11' and variable width through traffic lanes In each direction separated by an 11' and variable width medlan/two way left tum lane. Northbound Des Plaines River Road will be provided with dual 11' left tum lanes at Devon Avenue and at the Casino Entrance, a single 11' left tum lane at Touhy Avenue and at Chase Avenue and a 11' right tum lane at Devon Avenue and Touhy Avenue. Southbound Des Plaines River Road will be provide with dual 11' left tum lanes at Devon Avenue, a single 11' left tum lane at Touhy Avenue and a 11' right tum lane at Touhy Avenue, both Casino entrances and at Devon Avenue. Trafic signal work shall include traffic signal modernization at Devon Avenue and at Touhy Avenue, traffic signal installation at the Casino entrance and emergency vehicle pre-emption equipment at all signals. Other work to be Included shall be sidewalk Installation, roadway lighting, roadway drainage and all other work necessary complete the Improvement in accordance with the approved plans and specifications. Type of Work Participating Construction Division of Cost STATE LA Total 0 Non -Participating Construction 0 Preliminary Engineering 0 Construction Engineering 0 Right -of -Way 0 0 0 TOTAL Note: See Exhibit B S 0 $ 0 $ 0 $ 0 Payment Method (check one): ❑ Upon award of the project and request of payment from the LA, the STATE will pay the LA 100% its share of the project costs ® Upon execution of the construction contract and request of payment from the LA, the STATE will pay the LA 95% of its share of the project costs. The remaining 5% will be paid to the LA upon receipt of the final invoice. ❑ The STATE will reimburse the LA for the STATE share of the project on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LA E)Ctrit4rr 1 Printed 4/7/2010 Page 1 of 3 BLR 05323 (Rev 07/21/09) Exhibit 0 Agreement Provisions 1. It is mutually agreed that the PROJECT will be processed, let and constructed in accordance with Motor Fuel Tax standards, policies and procedures. 2. The LA will certify to the STATE that all necessary right-of-way, temporary and permanent easements, and temporary use permits have been obtained or are not required, prior to the LA advertising for bids for the PROJECT. 3. The PROJECT will be let and awarded by the LA upon approval of the plans and specifications by the STATE. 4. The LA agrees to retain jurisdiction and to maintain or cause to be maintained the completed PROJECT In a manner satisfactory to the STATE unless otherwise specified by addendum. 5. Upon approval of the final plans and specifications by the STATE and the LA, the LA agrees to accept bids and award the contract to the lowest responsible bidder after receipt of a satisfactory bid and concurrence in the award has been received from the STATE. If necessary the LA agrees to provide, or cause to be provided, all of the Initial funding necessary to complete the project subject to reimbursement by the STATE. 6. The LA shall maintain, for a minimum of 3 years after the completion of the project, adequate books, records, and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with this Agreement. All books, records, and supporting documents related to the project shall be available for review and audit by the Auditor General and the Department. The LA agrees to cooperate fully with any audit conducted by the Auditor General and the Department and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents 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 of which adequate books, records, and supporting documentation are not available to support their purported disbursement. 7. To complete this phase of the project within three years from the date this agreement is approved by the STATE if thls portion of the project described In the Project Description does not exceed $1,000,000 (five years if the project costs exceed $1,000,000). 8. Upon completion of this phase of the project, the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the project. If a final Invoice is not received within one year of completion of this phase of the project, the most recent invoice may be considered the final Invoice and the obligation of funds closed. 9. Obligations of the STATE shall cease Immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly fails to appropriate or otherwise make available funds for the work contemplated herein. 10. All projects 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. 11. This Agreement shall be binding upon and Inure to the benefit of the parties hereto, their successors and assigns. Local Agency City of Des Plaines Section 51 R-1 Printed 4/7/2010 Page 2 of 3 BLR 05323 (Rev 07/21/09) EXHIBITS Additional information and/or stipulations are hereby attached and Identified below as being a part of this Agreement. Exhibit A - Location Map Exhibit B - Estimate of Cost, Exhibit C - Jurisdictional Transfer The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement and all exhibits indicated above. APPROVED Local Agency Martin J. Moylan (Print or Type Name) • J-iCpi nt Bogd Chairpeerssdh/MayorNillage President/etc.) (0 .. " P___ -/v7).,.0 • ,4. City Clerk 3(D —LOYD Sgt-4.OI rl r TAPT: TIN Number Date NOTE: If signature is by an APPOINTED official, a resolution said appointed official to execute this agreement is required. APPROVED State of Illinois Department of Transportation Gary Hannig, Secretary of Transportation Date By: Delegate's Signature) (Delegate's Name -Printed) Christine M. Reed, Director of Highways/Chief Engineer Date Ellen J. Schanzle-Haskins, Chief Counsel Date Ann L. Schneider, Director of Finance and Administration Date Local Agency City of Des Plaines Section 51 R-1 Printed 4R/2010 Page 3 of 3 BLR 05323 (Rev 07/21/09) LIMITS OF IMPROVEMENT EXHIBIT A 0 H 0 00 (0 00) r H O 0 o '0 01 Gfi 0 0 0 N ft O 0 c6 ffi co 0 CO CV d9 0 0 0 O 0 6 "' Op S O 0 M ff3 I$ 150,000 0 0 oNN Ea 010 O di 0 di 1 $ _ _$0,000 a D 0010 r di O0 O e- in di 00 O r di DES PLAINES OTHERS c Q z $ 530,000 100% ? Q z \ Q z 100% 0 0 0 z $ 38,000 I 100% 0 Z 0 .0A 0 N I $ 250,000 I 100% 0 I $ 1,139,000 fn di fA to 0 N ffi 0 0 to EA 0 ui ef! fA 0 O tf! 0 O 69 N r di V N r 69. o ,e. g z 0 a z a z- e o o - z 0 a_ z 0 a_ z 0 0 � Q z 0 Q z I 25% Q z Q zz COST L to $ 8,000) 0 0 O to 0 0 0 tri n tf! di $ 60,000 00 00 O O IA 0 e' N to $ - 23,100 0 to 100% c ¢ 0 o 0) 0 z 0 z 4 z 4 z 0 (1) 0 u0 0< in Q Z STATE COST 0 00 `- .53 Q z O 0 O 0 N tf! fA $ 252,000 iA ff� fA iA $ 75,000 0 0 EH 1 $ 120,000 EH fA 1 $ 12,700,000 $ 1,270,000 $ 13,970,000 $ 11,968,000 fA All roadway work excluding the following• Additional Roadway work rnn� ipztp[1 by OTHERS N 'Z 441 iLL r Modemization at Des Plaines River Road @ Touhy Ave Emergency Vehicle Pre-emption at Des Plaines @ Touhy Ave. Modernization at Des Plaines River Rd. @ Devon Ave Emergency Vehicle Pre-emption at Des Plaines River Rd. @ Devon Ave Installation at Des Plaines River Rd @ Casino Entrance Emergency vehicle Pre-emption at Des Plaines River Road @ Casino Entrance Temporary Signals at One O'Hare rpntwr Y i1J > C Additional Sidewalk requested by DesPlaines Additional Sidewalk requested by OTHERS Rnartwav 1 iahtina at Devon Avenue C p -6 to ca 1 11r .4 Driveway entrances per Des Plaines Specifications SUB TOTAL ` Construction Engineering (10%) I TOTAL .G .c N N U N N < 1- N L v tti Q1 W N O -18 3 c o u) c �8 O L- O O a r t0 C o°. (n8 N•7. 0. CaN C C 3 ai cp- Coo 8• O o EN 0 O N O • cr E _ c ▪ C N O 4. OO a' :p aQ 7 - a .c t0 0 € 41 z� a Illinois Department of Transportation EXHIBIT C Local Agency -State Jurisdictional Transfer Local Agency Type of Systems Transfer Municipality: Des Plaines Type 1 From: State Highway System To: Local Highway System Type 2 From: Local Highway System To: State Highway System Township/Road District: County: Cook Section Number 51 R-1 Indicate Tvoe of Systems Transfer• Tv43.1_.,________ The above local agency, and the State of Illinois, acting by and through its Department of Transportation, agree to transfer the jurisdiction of the designated Location In the manner indicated above under Type of Systems Transfer. Location Description Name Des Plaines River Road Termini Route FAU 2710 Length Approx. ;;.550 LF. •11 e : I e I . : e . - . . _ : 11 : 1 1 : . 1 : , _ . 1 : -• 1 :..: e . _ :11:1 . . 1 _ :1 - 1 . : 1 :1 in its entirety. This transfer 0 does ® does not include Structure No. The transfer 0 does ® does not include a transfer to land rights (4-508). If it does, attach letter of intent approved by the Department. WHEREAS, the authority to enter into this contract Is granted the STATE by Section 4-409 of the Illinois Highway Code and the authority to make changes in the State Highway System is granted the State under Section 2-101 of the Illinois Highway Code. Include for Municipalities Only WHEREAS, the authority to make changes to the Municipal Street System is granted to the Municipality by Section 7-101 of the Illinois Highway Code. NOW THEREFORE IT IS AGREED that the corporate authority of said municipality will pass an ordinance providing for the transfer of the above location and shall attach hereto and make a part hereof a copy of a location map as Addendum No. 1 and a copy of the ordinance as Addendum No. 2, and Include for Counties Only WHEREAS, the authority to make changes to the County Highway System Is granted to•the County by Section 5-105 of the Illinois Highway Code. NOW THEREFORE IT IS AGREED that the County Board of said County will pass a resolution providing for the transfer of the above location and shall attach hereto and make a part hereof a copy of a location map as Addendum No, 1 and a copy of the resolution as Addendum No. 2, and Include for Township/Road Districts Only WHEREAS, the authority to make changes to the Township/Road District System is granted to the Highway Commissioner under Section 6-201.3 of the Illinois Highway Code and said Highway Commissioner shall attach hereto and make a part hereof a copy of a location map as Addendum No. 1, and IT IS MUTUALLY AGREED, that this jurisdictional transfer will become effective 21 calendar days after (check one) ❑ Final inspection by the State (Type ) ® Execution of Agreement ❑ Acceptance by the State 0 Approval of Land Conveyance 0 Other: Supplements Additional information and/or stipulations, if any, are hereby attached and identified below as being a part of this jurisdictional transfer Supplement Addendum No 1 and Acjaendum No. 2 (Insert supplement numbers of letters and page numbers, if applicable.) IT IS FURTHER AGREED, that the provisions of this jurisdictional transfer shall be binding and inure to the benefit of the parties hereto, their successors and assigns. Printed 4/7/2010 BLR 05210 (Rev 04/08/08) EXHIBIT C ADDENDUM NO. 1 LIMITS OF JURISDICTIONAL TRANSFER EXHIBIT C ADDENDUM NO. 2 AN ORDINANCE PROVIDING FOR THE ADDITION OF DES PLAINES RIVER ROAD FROM THE NORTH EDGE OF PAVEMENT OF DEVON AVENUE TO THE SOUTH EDGE OF PAVEMENT OF TOUHY AVENUE, IN ITS ENTIRETY TO THE MUNICIPAL STREET SYSTEM OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. WHEREAS, the City of Des Plaines, in the County of Cook, and the State of Illinois, under date of \?ri k (ct ,20 10, entered into an Agreement with the State of Illinois for the jurisdictional transfer of Des Plaines River Road, State Section: 51 R-1; and, WHEREAS, the aforementioned Agreement provided that, upon twenty one (21) calendar days after the execution of the agreement by the State, and notification by the District Engineer, the City of Des Plaines would assume jurisdiction of the specified route. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE CITY OF DES PLAINES, that Des Plaines River Road from the north edge of pavement of Devon Avenue to south edge of pavement of Touhy Avenue, in its entirety, will be included in the municipal street system of said CITY, upon twenty one (21) calendar days after the execution of the agreement by the STATE, and notification by the District Engineer; and That the CITY Clerk is directed to forward a certified copy of this Ordinance to the State of Illinois through its District Engineer's Office at Schaumburg, Illinois. APPROVED this 11 day of ATTEST: c„.11 OOOOO ofyAA'l , 20 ID. CITY OF DES PLAINES RESOLUTION R - 53 - 10 A RESOLUTION APPROVING THE EXECUTION OF A LOCAL AGENCY/STATE AGREEMENT BETWEEN THE ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE CITY OF DES PLAINES FOR 1 H RECONSTRUCTION AND JURISDICTIONAL TRANSFER OF DES PLAINES RIVER ROAD UPON RECONSTRUCTION OF THE ROADWAY. WHEREAS, Article VII, Section 10, of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations and corporations, in any manner not prohibited by law or ordinance; and WHEREAS, the City of Des Plaines signed a Letter of Intent with the Illinois Department of Transportation (IDOT) to separate the Des Plaines River Road reconstruction and jurisdictional transfer into two segments in order to avoid conflict with the pending casino construction project; and WHEREAS, the City must enter into an intergovernmental agreement with IDOT in order to transfer the jurisdiction of Des Plaines River Road from Touhy Avenue to Devon Avenue from IDOT to the City; and WHEREAS, IDOT is now prepared to execute the agreement for the reconstruction and jurisdictional transfer of Des Plaines River Road from Touhy Avenue to Devon Avenue; and WHEREAS, the agreement will allow IDOT to pay the City. 95% of the construction and engineering costs for the reconstruction of Des Plaines River Road upon execution of the contract. The City will receive an approximate amount of $13,271,500.00 for the reconstruction of Des Plaines River Road; and WHEREAS, it is the best interest of the City of Des Plaines to enter into the Local Agency/State Agreement with the Illinois Department of Transportation to receive funds from IDOT for the reconstruction of Des Plaines River Road and to allow the jurisdictional transfer of Des Plaines River Road from Touhy Avenue to Devon Avenue from the Illinois Department of Transportation to the City of Des Plaines; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: That the recitals set forth herein above are incorporated herein by reference as the factual basis for this transaction. 1 SECTION 2: That the Mayor is hereby authorized to execute, and the City Clerk to attest, the Local Agency/State Agreement, along with any and all other necessary documents attached thereto, with the Illinois Department of' Transportation to receive funds from IDOT for the reconstruction of Des Plaines River Road and to allow the jurisdictional transfer of Des Plaines River Road from Touhy Avenue to Devon Avenue from the Illinois Department of Transportation to the City of Des Plaines, a copy of which is attached hereto and made a part hereof as Exhibit "1." SECTION 3: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this id ti 1 day of , 2010 APPROVED this / - day of U 2010 VOTE: AYES sir NAYS 0 ABSENT .- ©- ATTEST: Approved as to form: 4/, CITY 6LERK Avu se6e, David R. Wiltse, City Attorney Legal\Res120101IDOT Local Agency Agreement — River Road Transfer 2 O z 16J 0 W N FOR INDEX OF SHEETS, SEE SHEET NO. 0 ,----;,-511.,--7-1: f 1 _ -, 2 1' 1., I l .. 1rn Y DEPARTMENT OF TRANSPORTATION FOR LIST OF STANDARDS SEE SHEET NO,7 DIVISION OF HIGHWAYS Q r � Q 0 2 C_ ' 0 1... CCW !!!!il CD En ac C2 co W CC • W Z E o coIr I 0 .2 t• o 4, t[7 C9NV... zi ...1 2! sE 0 b, I C. O Ia. O N I"yp UU O F:. W 0 Q N ec N Q Z J a.w N C7 2 1- S 7.1 aca = 0 1— g W O W 2 W DESIGN DESIGI +c -c • ►oz Qa.Y y� Y gV4E3 .8 Y e 2 41v Em alvoo e�� Oy y • ,q,••=85.4;12.-.14 eZV V W1q`.Pm ;10 id... °' CC Wuaaraeil Exhibit B Agency Construction Scope Construction Cost Construction Engineering Cost Total Cost Illinois Road Reconstruction $10,801,008.32 $1,080,100.83 $11,881,109.15 Department of Transportation City of Des Plaines Traffic Signal, Curb and Sidewalk $180,005 36 $18,000.54 $198,005.90 Village of Traffic Signal $112,415.57 $11,241.56 $123,657.13 Rosemont Midwest Gaming & Entertainment Traffic Signal, Lighting, Entrance $319,531.38 $31,953.14 $351,484.52 LLC Project Acceleration $140,000.00 $14,000.00 $154,000.00 Total = $11,552,960.63 $1,155,296.07 $12,708,256.70 Local Agency City of Desplalnes Section 51 R-1 Exhibit C Inds Department of lansportation Local Agency/State Agreement Job Number - Construction C-91-155-01 Job Number-Engineering/ROW D-91-285-10 This Agreement is made and entered into between the above local agency hereinafter referred to as "LA", and the State of Illinois, acting by and through its Department of Transportation, hereinafter referred to as "STATE°. The STATE and LA jointly propose to improve the designated location as shown below. Location Local Name Des Plaines River Road Termini Higgins Road to Touhy Avenue Route FAU 2710 Length 8,357 L.F. Current Jurisdiction State Project Description Pavement reconstruction and widening along approximately 8,357 lineal feet of Des Plaines River Road to provide two 11' and variable width through traffic lanes in each direction separated by an 11' and variable width median/two way left tum lane. Northbound Des Plaines River Road will be provided with dual 11' left tum lanes at Devon Avenue and at the Casino Entrance, a single 11' left tum lane at Touhy Avenue and at Chase Avenue and a 11' right tum lane at Devon Avenue and Touhy Avenue. Southbound Des Plaines River Road will be provide with dual 11' left tum lanes at Devon Avenue, a single 11' left tum lane at Touhy Avenue and a 11' right tum lane at Touhy Avenue, both Casino entrances and at Devon Avenue. Trafic signal work shall include traffic signal modernization at Devon Avenue and at Touhy Avenue, traffic signal installation at the Casino entrance and emergency vehicle pre-emption equipment at all signals. Other work to be included shall be sidewalk installation, roadway lighting, roadway drainage and all other work necessary complete the Improvement In accordance with the approved plans and speclficatlons. Type of Work Participating Construction Division of Cost STATE LA Total 0 Non -Participating Construction 0 Preliminary Engineering 0 Construction Engineering 0 Right -of -Way 0 0 0 TOTAL Note: See Exhibit B s 0 $ 0 $ 0 $ 0 Payment Method (check one): ❑ Upon award of the project and request of payment from the LA, the STATE will pay the LA 100% its share of the project costs. ® Upon execution of the construction contract and request of payment from the LA, the STATE will pay the LA 95% of its share of the project costs The remaining 5% will be paid to the LA upon receipt of the final invoice. ❑ The STATE will reimburse the LA for the STATE share of the project on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LA Esc vi. i 6 tT 4. 1 Printed 4/7/2010 Page 1 of 3 SLR 05323 (Rev 07/21/09) Agreement Provisions 1. It Is mutually agreed that the PROJECT will be processed, let and constructed in accordance with Motor Fuel Tax standards, policies and procedures. 2. The LA will certify to the STATE that all necessary right-of-way, temporary and permanent easements, and temporary use permits have been obtained or are not required, prior to the LA advertising for bids for the PROJECT. 3. The PROJECT will be let and awarded by the LA upon approval of the plans and specifications by the STATE. 4. The LA agrees to retain jurisdiction and to maintain or cause to be maintained the completed PROJECT in a manner satisfactory to the STATE unless otherwise specified by addendum. 5. Upon approval of the final plans and specifications by the STATE and the LA, the LA agrees to accept bids and award the contract to the lowest responsible bidder after receipt of a satisfactory bid and concurrence in the award has been received from the STATE. If necessary the LA agrees to provide, or cause to be provided, all of the Initial funding necessary to complete the project subject to reimbursement by the STATE. 6. The LA shall maintain, for a minimum of 3 years after the completion of the project, adequate books, records, and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with this Agreement. All books, records, and supporting documents related to the project shall be available for review and audit by the Auditor General and the Department. The LA agrees to cooperate fully with any audit conducted by the Auditor General and the Department and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents requlred 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 of whlch adequate books, records, and supporting documentation are not available to support their purported disbursement. 7. To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed $1,000,000 (five years if the project costs exceed $1,000,000). 8. Upon completion of this phase of the project, the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the project. If a final invoice is not received within one year of completion of this phase of the project, the most recent Invoice may be considered the final Invoice and the obligation of funds closed. 9. Obligations of the STATE shall cease immediately without penalty or further payment being required If, in any fiscal year, the Illinois General Assembly fails to appropriate or otherwise make available funds for the work contemplated herein. 10. All projects 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 11. This Agreement shall be binding upon and Inure to the benefit of the parties hereto, their successors and assigns. Local Agency City of Des Plaines Printed 4/7/2010 Section 51 R-1 Page 2 of 3 BLR 05323 (Rev 07/21/09) EXHIBITS Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Exhibit A - Location Map Exhibit B - Estimate of Cost, Exhibit C - Jurisdictional Transfer The LA further agrees, as a condition of payment, that It accepts and will comply with the applicable provisions set forth in this Agreement and alt exhibits indicated above. APPROVED APPROVED Local Agency State of Illinois Department of Transportation Martin J. Moylan (Print or Type Name) Ina Aril r ' A • (C�pufly BoWd Chairpersdh/MayorMilage President/etc.) Delegates Signature) CC r,.r>. / , q , s, % :(11t99 re, , fr / r� TtkSTr.• � ' ,l i) . °, City lerk TIN Number 3(0 "UM 5gq-C1 Gary Hannig, Secretary of Transportation Date By: iP3-/D Date NOTE: If signature is by an APPOINTED official, a resolution said appointed official to execute this agreement is required. (Delegate's Name -Printed) Christine M. Reed, Director of Highways/Chief Engineer Date Ellen J. Schanzte-Haskins, Chief Counsel Date Ann L. Schneider Director of Finance and Administration Date Local Agency City of Des Plaines Printed 4/7/2010 Section 51 R-1 Page 3 of 3 SLR 05323 (Rev 07/21/09) LIMITS OF IMPROVEMENT EXHIBIT A 4 0 F' 0 o coo p0) e - EA 0 0 O 117 EA 0 0 C co EA 0 0 oco to 0 0 N EA 0 0 EA 0 0 N N EA 0 0 EA 1 $ 38,000I 1 $ 150,000 Og0 0 oNN EA EA 0 EA ` $ 80,000 00C ? X01 el ER o E r 1 EA 1 1$ 1,252,900 1 1$ 1 D,UOV,uuv STATE •^.�_vi DESPLAINES OTHERS Tyne of Work COST COST _ % ` COST All roadway work excluding the following $ 11,968,000 100% , $ N/A% $ N/A% G o o .p- Modernization at Des Plaines River Road @ Touhy ve $ 280,000 100% $ N/A% $ WA% , Z Z Modernization at Des Plaines River Rd. @ Devon Ave $ 252,000 90% $ N/A% $ 28,000 10% e 0 e- � Installation at Des Plaines River Rd @ Casino Entrance $ I N/A% $ N/A% $ 220,000 100% e Q Z 100% e < e 10 e N eO 0 e EA o 0 0 EA EA $ 38,000 EA 0 `c'm1110 EA EA 0 N EA EA $ 1,139,000 0' �' r EA 0 0 c 1Q EA Q e 0 o e Q z %001. e Q z o 10 e Q �2 1 25% `pg Q Z -4: Q Z 00 0 o ER EA 0 O to Eft EA $ 75,000 EA 8 0 0 EA EA $ 80,000 f $ 231,000 0 cfj N EA $ 254,100 e o Z e Z WA% 0 0 1a 0 1n N/A% < Z e Z EA EA FA EA Additional Sidewalk requested by Des Plaines $ 75,000 $ 5,000 $ 120,000 EA Driveway entrances per Des Plaines Specifications $ SUB TOTAL $ 12,700,000 Construction Engineering (10%) $ 1,270,000 TOTAL $ 13,970,000 EA Additional Roadway work i ran, tprt by OTHERS i 9 �0d � u LL r no Emergency Vehicle Pre-emption at Des Plaines @ Touhy Ave. Emergency Vehicle Pre-emption at Des Plaines River Rd. @ Devon Ave Emergency vehicle Pre-emption at Des Plaines River Road @ Casino Entrance Temporary Signals at One O'Hare C'_antar 3 ' LL i C Additional Sidewalk requested by OTHERS Roadway Lighting at Devon Avenue Additional Roadway Lighting ED N C )iu C ) Q L oW o C (D o 6 j o 20 0 C 7 o°• ) 2a c c o 6$0 c �� o !A 9,N 87 c 03 S D. Q EO = C l0 a°19 0 0 jy C yy o a . —ate 8 -13o c� C. 0 E z'0 Illinois Department of 'Transportation EXHIBIT C Local Agency -State Jurisdictional Transfer Local Agency Type of S stems Transfer Des Plaines _ Type 1 From: State Highway System To: Local Highway System Type 2 From: Local Highway System To: State Highway System _Municipality: Township/Road District: County: Cook SectionNumber. 51 R-1 e T 1 The above local agency, and the State of Illinois, acting by and through its Department of Transportation, agree to transfer the jurisdiction of the designated location In the manner indicated above under Type of Systems Transfer. Name Des Plaines River Road Termini Location Description Route FAU 2710 Length Aoorox. 5.550 LF. • 11 1 : 1 . 1 1 :.. ' • • : 11 : , • 1: • 1 _ :1 : . 1: :. 1 :1,; y .: :11:1 • . 1 _ :1 1 :J :1 in Its entirety_ This transfer 0 does ® does not Include Structure No. The transfer 0 does ® does not include a transfer to land rights (4-508). If it does, attach letter of intent approved by the Department. WHEREAS, the authority to enter Into this contract is granted the STATE by Section 4-409 of the Illinois HighwayCode and the authority to make changes in the State Highway System is granted the State under Section 2-101 of the Illinois Highway Code. Include for Municipalities Only WHEREAS, the authority to make changes to the Municipal Street System is granted to the Municipality by Section 7-101 of the Illinois Highway Code. NOW THEREFORE IT IS AGREED that the corporate authority of said municipality will pass an ordinance providing for the transfer of the above location and shall attach hereto and make a part hereof a copy of a location map as Addendum No. 1 and a copy of the ordinance as Addendum No. 2, and Include for Counties Only WHEREAS, the authority to make changes to the County Highway System Is granted to the County by Section 5-105 of the Illinois Highway Code. NOW THEREFORE IT IS AGREED that the County Board of said County will pass a resolution providing for the transfer of the above location and shall attach hereto and make a part hereof a copy of a location map as Addendum No, 1 and a copy of the resolution as Addendum No. 2, and Include for Township/Road Districts Only WHEREAS, the authority to make changes to the Township/Road District System is granted to the Highway Commissioner under Section 6-201.3 of the Illinois Highway Code and said Highway Commissioner shall attach hereto and make a part hereof a copy of a location map as Addendum No. 1, and IT IS MUTUALLY AGREED, that this jurisdictional transfer will become effective 21 calendar days after (check one) ❑ Final Inspection by the State (Type ) ® Execution of Agreement ❑ Acceptance by the State 0 Approval of Land Conveyance 0 Other Supplements Additional information and/or stipulations, if any, are hereby attached and identified below as being a part of this jurisdictional transfer Supplement Ad enctur Jyo. 1 an AddendumNo. 2 (Insert supplement numbers of fetters and page numbers, if applicable.) IT IS FURTHER AGREED, that the provisions of this jurisdictonal transfer shall be binding and inure to the benefit of the parties hereto, their successors and assigns. Printed 4/7/2010 SLR 05210 (Rev.04/08!08) EXHIBIT C ADDENDUM NO. 1 LIMITS OF JURISDICTIONAL TRANSFER EXHIBIT C ADDENDUM NO. 2 AN ORDINANCE PROVIDING FOR THE ADDITION OF DES PLAINES RIVER ROAD FROM THE NORTH EDGE OF PAVEMENT OF DEVON AVENUE TO THE SOUTH EDGE OF PAVEMENT OF TOUHY AVENUE, IN ITS ENTIRETY TO THE MUNICIPAL STREET SYSTEM OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS. WHEREAS, the City of Des Plaines, in the County of Cook, and the State of Illinois, under date of Ppri 1 1 ,20 ID, entered into an Agreement with the State of Illinois for the jurisdictional transfer of Des Plaines River Road, State Section: 51 R-1; and, WHEREAS, the aforementioned Agreement provided that, upon twenty one (21) calendar days after the execution of the agreement by the State, and notification by the District Engineer, the City of Des Plaines would assume jurisdiction of the specified route. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE CITY OF DES PLAINES, that Des Plaines River Road from the north edge of pavement of Devon Avenue to south edge of pavement of Touhy Avenue, in its entirety, will be included in the municipal street system of said CITY, upon twenty one (21) calendar days after the execution of the agreement by the STATE, and notification by the District Engineer; and That the CITY Clerk is directed to forward a certified copy of this Ordinance to the State of Illinois through its District Engineer's Office at Schaumburg, Illinois. APPROVED this 1(111 -‘day of oue9AA1 ATTEST: OOOOO 4 , 20 10. CITY OF DES PLAINES RESOLUTION R - 53 - 10 A RESOLUTION APPROVING THE EXECUTION OF A LOCAL AGENCY/STATE AGREEMENT BETWEEN THE ILLINOIS DEPARTMENT OF TRANSPORTATION AND THE CITY OF DES PLAINES FOR THE RECONSTRUCTION AND JURISDICTIONAL TRANSFER OF DES PLAINES RIVER ROAD UPON RECONSTRUCTION OF THE ROADWAY. WHEREAS, Article VII, Section 10, of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations and corporations, in any manner not prohibited by law or ordinance; and WHEREAS, the City of Des Plaines signed a Letter of Intent with the Illinois Department of Transportation (IDOT) to separate the Des Plaines River Road reconstruction and jurisdictional transfer into two segments in order to avoid conflict with the pending casino construction project; and WHEREAS, the City must enter into an intergovernmental agreement with IDOT in order to transfer the jurisdiction of Des Plaines River Road from Touhy Avenue to Devon Avenue from IDOT to the City; and WHEREAS, IDOT is now prepared to execute the agreement for the reconstruction and jurisdictional transfer of Des Plaines River Road from Touhy Avenue to Devon Avenue; and WHEREAS, the agreement will allow IDOT to pay the City. 95% of the construction and engineering costs for the reconstruction of Des Plaines River Road upon execution of the contract. The City will receive an approximate amount of $13,271,500.00 for the reconstruction of Des Plaines River Road; and WHEREAS, it is the best interest of the City of Des Plaines to enter into the Local Agency/State Agreement with the Illinois Department of Transportation to receive funds from IDOT for the reconstruction of Des Plaines River Road and to allow the jurisdictional transfer of Des Plaines River Road from Touhy Avenue to Devon Avenue from the Illinois Department of Transportation to the City of Des Plaines; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: That the recitals set forth herein above are incorporated herein by reference as the factual basis for this transaction. 1 SECTION 2: That the Mayor is hereby authorized to execute, and the City Clerk to attest, the Local Agency/State Agreement, along with any and all other necessary documents attached thereto, with the Illinois Department of Transportation to receive funds from IDOT for the reconstruction of Des Plaines River Road and to allow the jurisdictional transfer of Des Plaines River Road from Touhy Avenue to Devon Avenue from the Illinois Department of Transportation to the City of Des Plaines, a copy of which is attached hereto and made a part hereof as Exhibit "1." SECTION 3: That this Resolution shall be in frill force and effect from and after its passage and approval according to law. PASSED this 1 i'day of (A, , 2010 a t4 APPROVED this ! - day of 2010 VOTE: AYES B' NAYS 0 ABSENT .-©— ATTEST: Approved as to form: CITY CLERK °Lei 42 VA. David R. Wiltse, City Attorney Legal\Res\20101IDOT Local Agency Agreement River Road Transfer CITY 04 YANIr Consent Agenda Items #8 & 8a City of Des Plaines City Attorney's Office tw 1420 Miner Street, Room 401 DES PLAINES Des Plaines, IL. 60016 ILLINOIS Tel: 847-391-5303 Fax: 847-391-5003 INTEROFFICE MEMORANDUM Date: July 12, 2010 10-606 To: Jason Slowinski, Actin r y Manager From: David R. Wiltsc, City At icy /8. vat Re: Acceptance of a Plat of Dedication tin• a Portion of Devon Avenue Issue: To accept the dedication of a portion of the right of way for a portion of Devon Avenue in conjunction with the improvements and construction of the Des Plaines Casino. Analysis: In conjunction with the street widening improvements and construction of the Des Plaines Casino, Midwest Gaming and Entertainment LLC seeks to dedicate two small portions of property to the City of Des Plaines in furtherance of the street improvements. This will enable street improvements which will benefit the casino operations and the City of Des Plaines. Recommendation: That the City Council approve and accept the dedication of property shown on the Plat of Dedication prepared by Edward J. Molloy & Associates, Land & Construction Surveyors which is attached to the Resolution as Exhibit "A". Attachments Resolution Plat of Dedication DRW:ms Legal\Memos\City Manager\ Acceptance of Plat of Dedication Devon Avenue CITY OF DES PLAINES RESOLUTION R - 106 - 10 A RESOLUTION APPROVING AND ACCEPTING THE PLAT OF DEDICATION TO PUBLIC USE AS PART OF THE PUBLIC STREET KNOWN AS DEVON AVENUE, IN DES PLAINES, ILLINOIS. WHEREAS, Article VII, Section 10, of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations, in any manner not prohibited by law or ordinance; and WHEREAS, Midwest Gaming & Entertainment, LLC has agreed to dedicate a portion of their property way along Devon Avenue to the City of Des Plaines for roadway widening of Devon Avenue for the Des Plaines Casino; and WHEREAS, it is in the best interest of the City to accept and approve thc Plat of Dedication for public use as part of thc public street known as Devon Avenue in Des Plaines, Illinois; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, Cook County, Illinois, in the exercise of its home rule powers, as follows; SECTION 1: That the recitals set forth herein above are incorporated herein by reference as part of the factual basis for this Resolution. SECTION 2: That the Plat of Dedication for public use as part of the public street known as Devon Avenue in the City of Des Plaines is hereby accepted and approved by the City Council. SECTION 3: That the Mayor is hereby authorized to execute and the City Clerk attest, on behalf of the City Council, the approval and acceptance of the Plat of Dedication, a copy of which is attached hereto and made a part hereof as Exhibit "A." SECTION 4: That the City Clerk is hereby authorized to prepare a Certificate of Approval of the City of Des Plaines, together with attesting the Mayor's signature on the original Plat of Dedication for filing with the Recorder of Deeds of Cook County. 1 SECTION 5: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2010. APPROVED this day of , 2010. VOTE: AYES NAYS ABSENT ATTEST Approved as to form: MAYOR tiact CITY CLERK David R. Wiltse, City Attorney Legal \Res\2010\Acceptance of Plat of Dedication Devon Ave - Casino PLAT OF DEDICATION TO PUBLIC USE AS PART OF THE PUBLIC STREET KNOWN AS DEVON AVENUE, IN THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS 2:7447:3 .4"..sahriTI:01POI.Trittihrera:Lzmo, •.cy sun s mum I. Dawn No m ..uwn twee OWII . ,. s::xrrr a21 a,P. r .P fyytr..•t 10/1 • WOO COMO e• MO Iu 121.0 (0,.21.. 10.02,• P1 ...II J✓.I•JJA ••1 Ian s ----- 1 s OW ▪ MO TOMS WWI XI IOW 4"45:111ZE6224 ..<,.. V'M ie s Itr±U1 10 10 1'-�. L Il17r VErir;' not. 4532311 II ,u11 nln nto l -PARCEL 0DU0600 0210. 0 I0 100 00 0 We'.1 ra API .1 • LOCI .ruin nu M It 02110. n Ig DEVON AVE. I a sE r_r SW ✓ .o. .., In I OWN. 00 W OW 0 =WOO PO MOW. AS Smet•IreflOMI ran rOrtr ONO MONO. 1400S WI SW Cor W. Mg NAIRIMils& w. • +'rte-Fur.:z-2 > m um i" N PARCEL 0DU0601 .100 WWI) 100 09X11: 5.11 re.P. x otv w.ns! .3331 01 1l I0 31 11 794*4.110 PIP CO. 10101813 .1 Ira IyAlw9 \ WI 11:1 :s 1M,t001II P•109 as ref 1sl LW .o. ORO y1rlw..a P'01 '$'L'73YL ON 0 WON l+. COW MO WO I ram scut mrts—w wog 01. NO s.a.w _ O,0 _ •. P. ^f 0.015. r.ge,.., •1 re PUY'i11 01 . r0 WmIN � < •S m I we ro s00t ✓ Nr W. ✓ ✓. PLAN. m m•.wa mmo wow. mows wow VA v4321 30.4t9• ::NOWT WI 0.1•100101w.. ▪ urneut, tay.1.1 a. 0000(4 1 a WO AS MONIS NOM 01 IMPIC nut 4, N WT 0 MO •4•MOIS MOO lar •Wim "A" .90.,790.21, Pe. 1 00 o 1▪ `»:i' ,."0.a'e Ogg •• WNW,. II SW CROON ,.sn. w.. Wm r MS, ORDER NO.: 2010-0169 FILE: J4-41-12 Man b: Few OW 0MPA0f0 w EDWARD J. MOLLOY do ASSOCIATES, LTD. LAND & CONSTRUCTION SURVEYORS 0a... V3331.11336133•13.1.10.1 UM F1 0O 33333.10,1w..w0 3,0313•33/0 non.% "91"o 900(4.0(107941(4150(47 w s ,2145. awn m MOW. WINO OW% FR Pe On MI MONO NWI ILI IWO MO WI Ol NM. 9e WPM. corn. OWN COAT. VOL WO`W .P a 00.••••• arts. AN Oa o• IN u. . ,• . e. 1 Per I W 01•1 MOWN IX•ra 111•044 WOO 1.. an OW Or s ...0 e1 M. ✓a [.001000921. ..• i01R47...'m.'a P...21 a..e. Cm OF Consent Agenda Items #9 & 9a City of Des Plaines City Manager's Office Division of Information Technology DES PLAINES 1420 Miner Street ILLINOIS Des Plaines, IL 60016 Tel: 847-391-5623 MEMORANDUM Date: July 9, 2010 To: Jason Slowinski, Ac ' g ity Manager From: Michael Duebner, re or Information Technology g) Subject: Call One Contract Renewal through Suburban Purchasing Cooperative Issue: The City is seeking a 36 -month renewal contract for telephone services with Call One through the Suburban Purchasing Cooperative. Analysis: Call One is a single source supplier of voice and data circuits and is the nation's largest reseller of AT&T products offering discounts over and above those available from AT&T directly. The City has relied on Call One for our voice grade, alarm and data circuits since March of 2002 as part of the Suburban Purchasing Cooperative (SPC). SPC is a joint purchasing program sponsored by the Northwest Municipal Conference (NWMC), DuPage Mayors & Managers Conference (DMMC) South Suburban Mayors and Managers Association (SSMMA), and Will County Governmental League (WCGL). Together the SPC represents 158 municipalities and townships in the Chicagoland region. SPC held an RFP bid opening for telecommunications products in their offices in December 2008. Bids were received from Call One and Cimco. The proposal from Cimco was rejected due to non- compliance with the contractual terms. Since Call One is a reseller of AT&T, AT&T did not submit a direct bid. As a result of the RFP process, SPC renewed their agreement with Call One from January 1, 2009 through December 31, 2009 with four (4) one-year renewal options. Due to the economic pinch that Call One clients have been feeling, Call One has negotiated promotional pricing with AT&T that expands on the discounts previously offered. Depending on the product mix that is maintained by the City over the term of the contract, substantial savings can be realized, `I he City's monthly telephone bill is approximately $18,000 for qualifying lines, circuits and usage. Due to the purchasing power of the Cooperative, this 36 -month renewal contract is expected to save the City approximately $5,000 per month. In addition, the contract includes a one-time retroactive 5% rebate on voice grade lines and usage for the prior 12 -month period. Call One Contract Renewal Page 2 of 2 July 9, 2010 Recommendation: Staff is recommending the renewal of the 36 -month contract with Call One based on the negotiated rates and discounts of the Suburban Purchasing Cooperative Telecommunications Agreement for voice grade (POTS), Centrex and low -baud data circuits. Attachments Call One Contract Resolution CITY OF DES PLAINES RESOLUTION R - 104 - 10 A RESOLUTION AUTHORIZING THE EXECUTION O THREE YEAR RENEWAL F A AGREEMENT BETWEEN UNITED COMMUNICATIONSSTOMER �CE SYSTEMS CpMPANY OF DES PLAINES FOR TELEPHONE SERVILL ONE C THE CITY CES. WHEREAS, Article VII, Section 10 of the 1970 Illinois Con to contract with individuals, associations and co or ordinance; and Constitution authorizes the City corporations, in any manner not prohibited by law WHEREAS, the City of Des Plaines is a member of Cooperative, which is sponsored by the Northwest the Suburban Purchasing Cooper & e, sponsored Conference (DMMC) Conferencee Mayors ),and Will ( MMC) South Suburban Mayors and (NWMC),As DuPage Cooperative represents 158 municipalities Governmental and LeagueYManagers Purchasing (WCGL). The Suburbann townships in the Chicagoland region; and WHEREAS, the Suburban Purchasing Cooperative renew One; and ed their agreement with Call WHEREAS, the City of Des Plaines has relied on Call One data circuits since 2002; and for voice grade, alarm and WHEREAS, Call One is a single source provider of voice nation's largest reseller of AT&T products, offering and from AT&T directly;g discounts over and dabove those avail ata circuits and is the and able WHEREAS, Call One has offered the City a new three Agreement for telephone services based on the negotiated rates Purchasing telepho services Telecommunications A yearRenewal Customer Service and discounts of the Suburban low -baud circuits; and Agreement for voice grade (POTS), Centrex and WHEREAS, it is in the best interest of the City of Des Plaines policies and guidelines in the City Code and enter into a three a waive the purchasing Agreement, together with any and all other necessaryyear Renewal Customer Service Agreement, betweenhUnited transaction, for telephone services based Communications Systems, Inc.ontr/a Call One and documents tot complete the Purchasing Cooperative vices based on negotiated rates/and discounts of It City u Des low -baud circuits and authorize the Director of Finance,Agreemtoohvoicehe Suburban loUw-baud Communications a Systems, Inc.grade (POTS),omaa Centrex ando d/b/a Call One upon receipt of iinnvoi a each month;eats to NOW, THEREFORE, BE IT RESOLVED by the CityC Plaines, Cook County, Illinois, in the exercise of its home Council of the City of Des rule powers, as follows: 1 SECTION 1: That the recitals set forth herein above are incorporated herein by reference as the factual basis for this transaction. SECTION 2: That the City Manager is hereby authorized to execute the three year Renewal Customer Service Agreement, together with any and all other necessary contract documents to complete the transaction, between United Communications Systems, Inc. d/b/a Call One and the City of Des Plaines for telephone services based on the negotiated rates and discounts of the Suburban Purchasing Cooperative Telecommunications Agreement for voice grade (POTS), Centrex and low -baud circuits, a copy of which is attached hereto and made a part of as Exhibit "A." SECTION 3: That the Director of Finance, or her designee, is hereby authorized to make payments, to United Communications Systems Company d/b/a Call One, 123 N. Wacker Drive, 7t'' Floor, Chicago, Illinois 60606 upon receipt of invoice each month. SECTION 4: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this day of _, 2010. APPROVED this day of , 2010. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: CITY CLERK David R. Wiltse, City Attorney Legai'Res\2010,Call One Renewal Customer Service Agreement 2010 3 year 2 Suburban Purchasing Cooperative • tki llrws:t Mu (IK Iµ1: C0frittrvA:r * Wet! iirl.L�l l,lun^ 041 Ca•-,inq•rw I `..V.r:huriS' ...11,1•01f. Y. fl:Jn.NJCrs r•'.SGf tit: 1 •Y.•ra(c.;,:;r v: rrrr rtn:lNgt,e •ss ••e• CALL ArwU'h Co t r Renewal Customer Service Agreement This Customer Service Agreement ("Agreement") authorizes United Communication Systems, Inc. d/b/a Call Dna), with a principal place of business at 123 North Wacker, Floor 7, Chicago, IL 60606 ("Call One") to provide telecommunication services ("Services") to the customer identified immediately below ("Customer"). The Services provided hereby are subject to the Terms and Conditions set forth in this Agreement. Customer City of Des Plaines Address 1420 Miner Street City Des Plaines ST IL ZIP 60016 Billing Telephone Numbers (BTN) associated with this account: Physical Location City BTN 1420 MINER DES PLAINES 847-296-2171 1420 MINER 597 LYMAN AV 1420 MINER 601 COLUMBIA AV See next page(s),/or additional billing telephone numbers... DES PLAINES 847-297-0793 DES PLAINES 847-297-8066 DES PLAINES 847-297-8217 DES PLAINES 847-297-9975 Please check box to determine term and discount [ ] 1 Year 5% discount on lines, features, and non -termed circuits [ ] 2 Year 10% discount on lines, features, and non -termed circuits [X] 3 Year 15% discount on lines and features and 25% discount on non -termed circuits Usage Rates Additional Service Rates Band A: 0.0085 $/min Outbound 1+ Interstate: 0.0290 $/min Band B: 0.0180 $/min Outbound I+ In-state' 0.0290 $/min Band C: 0.0180 $/min Inbound 800/888 Interstate: 0.0290 $/min Inbound 800/888 In state: 0.0290 $/mtn Calling Card(s)-Domestic: 0.1500 $/min l rrlhuri:rd cm/tuner rigaaarr Don CullOne antlun_rd srgrmnar Print name Title Print name Dale United Communication Systems, Inc. 123 N Wacker Drive 7th Floor - Chicago, IL 60606 - Telephone 312-681-8300 - Fax 312-681-8301 Page 1 of 5 Service/Additional Terms (continued): Additional Charges: Member of SPC. $14.12 per service order. Line Base Rates per line: Arca A $7.05, Arca B $9.19, Arca C $12.87. RCF $5.50 per path, Caller ID $5.00 per line, Caller ID with name $7.00 per line. No PICC Fccs. "36 Month Term SPC Promotion: Client to receive additional 5% discount on stated discounts of lines, features, and non -termed circuits going forward for the duration of the terns. In addition, Call One will extend an additional 5% discount to line, feature, and non -termed low baud circuits for the previous 12 invoices. This will be issued as a one-time Promotional Credit." Customer iniliuls Cal! One initials United Communication Systems. Inc. 123 N Wacker Drive 7th Floor - Chicago. IL 60606 - Telephone 312-681-8300 - Fax 312-681-8301 Page 2 of 5 Billing Telephone Numbers (BTN) (continued): Physical Location 1420 MINER 1871 BIG BEND DR 1420 MINER 2200 E GOLF RD 75 S EAST RIVER RD 405 S RIVER RD 1167 ELMHURST RD 1313 E OAKTON 1420 MINER 130 THACKER 1111 JOSEPH SCHWAB RD 1420 MINER 1928 E TOUHY AV 200 VINE AV 1420 MINER 648 METROPOLITAN WY 2555 MAPLE 700 PEARSON 130 THACKER 1111 JOSEPH SCHWAB RD 65 WILLE RD 1925 BUSSE HWY 1420 MINER 405 S RIVER RD 1420 MINER 203 E PARALLEL 1420 MINER 1420 MINER 1418 MINER 648 METROPOLITAN WY 1420 MINER 1420 MINER 1420 MINER 1420 MINER 1420 MINER 1420 MINER 1420 MINER City BTN DES PLAINES 847-298-0945 DES PLAINES 847-298-6272 DES PLAINES 847-298-6474 DES PLAINES 847-299-5219 DES PLAINES 847-299-5261 DES PLAINES 847-299-5993 DES PLAINES 847-364-2608 DES PLAINES 847-375-0045 DES PLAINES 847-391-5001 DES PLAINES 847-391-5128 DES PLAINES 847-391-5465 DES PLAINES 847-391-5665 DES PLAINES 847-391-9767 PARK RIDGE 847-685-9095 DES PLAINES 847-699-7867 DES PLAINES 847-768-9434 DES PLAINES 847-795-0013 DES PLAINES 847-795-0057 DES PLAINES 847-803-1524 DES PLAINES 847-803-2107 DES PLAINES 847-803-8219 DES PLAINES 847-824-0564 DES PLAINES 847-824-5893 DES PLAINES 847-824-6524 DES PLAINES 847-8274140 PALATIN 847-991-7372 DES PLAINES 847-R06-1469 DES PLAINES 847-R16-2357 DES PLAINES 847-R16-2363 DES PLAINES 847-R16-3233 DES PLAINES 847-R18-0481 DES PLAINES 847-R18-0482 DES PLAINES 847-R18-0499 DES PLAINES 847-R18-0500 DES PLAINES 847-R18-0501 DES PLAINES 847-R18-0502 DES PLAINES 847-R18-0510 Customer initials Call One initials United Communication Systems, Inc. 123 N Wacker Drive 7th Floor - Chicago, 1L 60606 - Telephone 312-681-8300 - Fax 312-681-8301 Page 3 of 5 1420 MINER DES PLAINES 847-R18-0512 1420 MINER DES PLAINES 847-R18-0514 1420 MINER DES PLAINES 847-R18-0515 700 PEARSON DES PLAINES 847-R18-0583 1420 MINER DES PLAINES 847-R18-0483 1420 MINER DES PLAINES 847-R18-0484 1420 MINER DES PLAINES 847-R18-0485 1420 MINER DES PLAINES 847-R18-0486 1420 MINER DES PLAINES 847-R18-0487 1420 MINER DES PLAINES 847-R18-0489 1420 MINER DES PLAINES 847-R18-0490 1420 MINER DES PLAINES 847-R18-0491 1420 MINER DES PLAINES 847-R18-0492 1420 MINER DES PLAINES 847-R18-0493 1420 MINER DES PLAINES 847-R18-0494 1420 MINER DES PLAINES 847-R18-0495 1420 MINER DES PLAINES 847-R18-0496 1420 MINER DES PLAINES 847-R18-0497 1420 MINER DES PLAINES 847-R18-0498 Customer initials Call One initials United Communication Systems, Inc. 123 N Wacker Drive 7th Floor - Chicago, IL 60606 - Telephone 312-681-8300 - Fax 312.681-8301 Page 4 of 5 Terms and Conditions 1 Term. Customer hereby orders the Local Exchange, Interexchange and miscellaneous services incident thereto as described herein (collectively, the "Services") for the term selected by Customer on Page 1 of this Agreement (the "Term"), effective as of the date the Services are installed or first provided. Upon expiration of the Term, the usage rates and monthly recurring charges applicable to a Term other than Month -to -Month will revert to Call One's prevailing month-to-month rates unless Customer has (1) entered into a successor agreement or (2) canceled the Service, in each case effective as of the expiration of the Term. The Term shall begin on the later of (i) the date Call One signs the first page of this Agreement and (ii) the date any installation necessary to begin the Service is completed. 2. Rates. (a) Unless otherwise specified on Page 1 of this Agreement, Call One's prevailing month-to-month rates for lines, features, other monthly recurring charges and non-recurring charges (e.g., installation, service establishment and/or other non-recurring charges) will apply to the Services. By executing this Agreement, Customer acknowledges that it has received notice of and is aware of the rates and other charges that apply to the Services that are not specifically identified on Page 1 of this Agreement. If there is any change to Call One's prevailing rates or charges that apply to the Services, Customer will be nolified to Customer in its monthly invoice or in the applicable state tariff, and will be effective as stated therein. If Customer has elected a Term other than Month -to -Month, the usage rates and monthly recurring charges (each expressed as a rate or as a discount off Call One's prevailing month-to-month rates) identified on Page 1 of this Agreement will apply to the Services during the Term. (b) Call One shall also bill Customer as a separate line item all applicable federal, state and other governmental fees, surcharges and taxes. (c) Call One may, at its sole discretion, increase the rates for Band C, 1+ long distance or inbound 800/888 toll-free Services, if and to the extent the charge from the local exchange carrier to terminate the outbound calls or to originate the inbound calls exceeds twenty-five percent of the rate for that Service, and that Service will be provided on a month-to-month term. 3. Authorization. Customer authorizes Call One to act as its agent for purposes of obtaining information on Customer's existing telecommunications and related service(s) and to submit orders to reflect the Services ordered under this Agreement for the specific Billing Telephone Numbers (BTN) and/or physical locations listed below and included in any supplement to this Agreement. This grant of agency shall remain in effect until revoked by Customer. 4. Existing Commitments. (a) If Customer has an existing term commitment contract with another service provider (a "Third Party Commitment") that is not specifically identified as being terminated pursuant to Section 4(b), Customer acknowledges that it shall remain obligated under the terms of such Third Party Commitment and shall be solely responsible for any penalties, fees or charges by virtue of that Third Party Commitment. (b) If as part of Call One's provision of Services Customer has agreed to terminate a Third Party Commitment(s) identified on Page 1 of this Agreement, Customer agrees that it is solely responsible for the fees associated with such termination. Further, no discount is provided for the related services unless and until Customer has terminated the Third Party Commitment(s) as provided above or the Third Party Commitment(s) have expired and Customer has entered a new agreement directly with Call One. 5. Early Termination/Cancellation. Customer shall be required to provide Call One a minimum of 30 days notice in writing of any termination/cancellation of Service(s). (a) If Customer terminates the Service in whole or in part prior to the expiration of the Term, Customer will be liable for an early termination charge equal to the Term Savings Recovery. As used herein, "Term Savings Recovery" is the total usage and monthly recurring charge discount received by the Customer calculated as follows: (A) the difference between the total usage charges billed to Customer at the discounted rates Customer received for the Term selected in this Agreement and the total usage charges that would have been billed to Customer at the Call One tariff month-to-month usage rates in effect as of the Effective Date; and (B) the difference between the discounted monthly recurring charges Customer received for the Term selected in this Agreement and the Call One tariff non -discounted monthly recurring charges in effect as of the Effective Date limes the number of months Service was provided. In addition, Customer shall also be liable for any installation and/or other non-recurring charges that were waived. (b) If Customer cancels Service before the Service is established, Customer shall be liable to Call One for all reasonable expenses incurred by Call One to process the order for Service. 6. Conversion. Customer may at any time during the Term convert its Service to another Call One agreement under a contract term that is equal to or greater than the Term remaining under this Agreement and under which Customer's financial commitment is equal to or greater than the remaining commitment under this Agreement. In such event, early termination charges shall not apply. 7. Inside Wiring. All inside wiring required by customer to complete the installation of the Service will be charged at $75 for the trip charge and $100 per hour. In addition, any installation charges identified on Page 1 of this Agreement as a "Non -Recurring Charge" applies only to the initial Service install it does not include the jacks or other inside materials and wiring 8. Liability. The entire liability of Call One, if any, for damages to Customer or to any third party whether in negligence, tort, contract or otherwise, which may arise from Call One's performance or non-performance of the Services is limited to an amount equal to a prorated adjustment of applicable monthly recurring charges for the Services affected or any portion thereof The foregoing limitation of liability includes any mistakes, omissions, interruptions delays, errors or defects in transmission occurring in the course of installing and/or fumishing the Service. 9. Applicability of Tariffs. This Agreement orders Services at rates provided herein and subject to the terms and conditions set forth in Call One's then -applicable state tariff, which tariff is incorporated by reference. State tariffs are available through the regulatory page of the Call One web site currently at www.callone.com. Customer acknowledges all services purchased pursuant to this agreement are for business purposes. 10. Assignment. Customer may not assign this Agreement (by operation of law or otherwise) without the prior written consent of Call One, which consent will not be unreasonably withheld or delayed. Any prohibited assignment shall be void ab initio. 11. Entire Agreement Signed facsimile or scanned copies of this Agreement will legally bind the parties to the same extent as originally executed documents The terms contained in this Agreement and any documents attached hereto and referenced herein or therein constitute the entire agreement between the parties with respect to the subject matter hereof, superseding all prior and contemporaneous understandings, proposals and other communications, oral or written. Customer initials C'a/l One initials United Communication Systems, Inc. 123 N Wacker Drive 7th Floor - Chicago, IL 60606 - Telephone 112-681-8300 - Fax 312 681 8301 Page 5 of 5 r � � Suburban Purchasing Cooperative twv ll:ttr .L Yfurucru: CC"dr.•r, , r C..trtr.t f:ungp!JC,r.nlrvtr:p r ;.r,.Ut�.urie .".,9047.2: rater lgeft.4tl4Cy! r,.: • 5r.. Cc..., -q :-:•tonna^,; :cages .4 ---' • • • ••• ••• , CALL AIwors Conn r.tnU• Centrex Renewal Customer Service Agreement This Customer Service Agreement ("Agreement") authorizes United Communication Systems, Inc. d/b/a Call OneTo, with a principal place of business at 123 North Wacker, Floor 7, Chicago, IL 60606 ("Call One") to provide telecommunication services ("Services") to the customer identified immediately below ("Customer"). The Services provided hereby arc subject to the Terms and Conditions set forth in this Agreement. Customer City of Des Plaines Address 1420 Miner St City Des Plaines ST IL ZIP 60016 Billing Telephone Numbers (BTN) associated with this account: Physical Location City 1420 MINER DES PLAINES Term Agreement: 36 Months Centrex Monthly Charge: 8.50 Number of Lines Guaranteed: 2 Additional Charges: No PICC Fees labor,:ed rvcHnnrcr.crg"unirr BTN 847-391-5001 flaw Collate authorized signature Pt int none Tide Prins mute Daly United Communication Systems, Inc. 123 N Wacker Drive 7th Floor - Chicago, 1L 60606 -Telephone 312-681-8300 - Fax 312-681-8301 Page 1 of 2 Terms and Conditions 1. Term. Customer hereby orders the Local Exchange, Interexchange and miscellaneous services incident thereto as described herein (collectively, the "Services") for the term selected by Customer on Page 1 of this Agreement (the "Term"), effective as of the date the Services are installed or first provided. Upon expiration of the Term, the usage rates and monthly recurring charges applicable to a Term other than Month -to -Month will revert to Call One's prevailing month-to-month rates unless Customer has (1) entered into a successor agreement or (2) canceled the Service, in each case effective as of the expiration of the Term. The Term shall begin on the later of (i) the date Call One signs the first page of this Agreement and (ii) the date any installation necessary to begin the Service is completed. 2. Rates. (a) Unless otherwise specified on Page 1 of this Agreement, Call One's prevailing month-to-month rates for lines, features, other monthly recurring charges and non-recurring charges (e.g., installation, service establishment and/or other non-recurring charges) will apply to the Services. By executing this Agreement, Customer acknowledges that it has received notice of and is aware of the rates and other charges that apply to the Services that are not specifically identified on Page 1 of this Agreement. If there is any change to Call One's prevailing rates or charges that apply to the Services, Customer will be notified to Customer in its monthly invoice or in the applicable state tariff, and will be effective as stated therein. If Customer has elected a Term other than Month -to -Month, the usage rates and monthly recurring charges (each expressed as a rate or as a discount off Call One's prevailing month-to-month rates) identified on Page 1 of this Agreement will apply to the Services during the Term. (b) Call One shall also bill Customer as a separate line item all applicable federal, state and other governmental fees, surcharges and taxes. (c) Cali One may, at its sole discretion, increase the rates for Band C, 1+ long distance or inbound 800/888 toll-free Services, if and to the extent the charge from the local exchange carrier to terminate the outbound calls or to originate the inbound calls exceeds twenty-five percent of the rate for that Service, and that Service will be provided on a month-to-month term. 3. Authorization. Customer authorizes Call One to act as its agent for purposes of obtaining information on Customer's existing telecommunications and related service(s) and to submit orders to reflect the Services ordered under this Agreement for the specific Billing Telephone Numbers (BTN) and/or physical locations listed below and included in any supplement to this Agreement. This grant of agency shall remain in effect until revoked by Customer. 4. Existing Commitments. (a) If Customer has an existing term commitment contract with another service provider (a "Third Party Commitment") that is not specifically identified as being terminated pursuant to Section 4(b), Customer acknowledges that it shall remain obligated under the terms of such Third Party Commitment and shall be solely responsible for any penalties, fees or charges by virtue of that Third Party Commitment. (b) If as part of Call One's provision of Services Customer has agreed to terminate a Third Party Commitment(s) identified on Page 1 of this Agreement, Customer agrees that it is solely responsible for the fees associated with such termination. Further, no discount is provided for the related services unless and until Customer has terminated the Third Party Commitment(s) as provided above or the Third Party Commitment(s) have expired and Customer has entered a new agreement directly with Call One. 5. Early Termination/Cancellation. Customer shall be required to provide Call One a minimum of 30 days notice in writing of any termination/cancellation of Service(s). (a) If Customer terminates the Service in whole or in part prior to the expiration of the Term, Customer will be liable for an early termination charge equal to the Term Savings Recovery. As used herein, 'Term Savings Recovery" is the total usage and monthly recurring charge discount received by the Customer calculated as follows: (A) the difference between the total usage charges billed to Customer at the discounted rates Customer received for the Term selected in this Agreement and the total usage charges that would have been billed to Customer at the Call One tariff month-to-month usage rates in effect as of the Effective Date; and (B) the difference between the discounted monthly recurring charges Customer received for the Term selected in this Agreement and the Call One tariff non -discounted monthly recurring charges in effect as of the Effective Date times the number of months Service was provided. In addition, Customer shall also be liable for any installation and/or other non-recurring charges that were waived. (b) If Customer cancels Service before the Service is established, Customer shall be liable to Call One for all reasonable expenses incurred by Call One to process the order for Service. 6. Conversion. Customer may at any time during the Term convert its Service to another Call One agreement under a contract term that is equal to or greater than the Term remaining under this Agreement and under which Customer's financial commitment is equal to or greater than the remaining commitment under this Agreement In such event, early termination charges shall not apply. 7. Inside Wiring. All inside wiring required by customer to complete the installation of the Service will be charged at $75 for the trip charge and $100 per hour. In addition, any installation charges identified on Page 1 of this Agreement as a "Non -Recurring Charge" applies only to the initial Service install, it does not include the jacks or other inside materials and wiring. 8. LlabIllty. The entire liability of Cali One, if any, for damages to Customer or to any third party whether in negligence, tort, contract or otherwise, which may arise from Call One's performance or non-performance of the Services is limited to an amount equal to a prorated adjustment of applicable monthly recurring charges for the Services affected or any portion thereof. The foregoing limitation of liability includes any mistakes, omissions, interruptions, delays, errors or defects in transmission occurring in the course of installing and/or furnishing the Service 9. Applicability of Tariffs. This Agreement orders Services at rates provided herein and subject to the terms and conditions set forth in Call One's then -applicable state tariff, which tariff is incorporated by reference. State tariffs are available through the regulatory page of the Call One web site currently at www.callone.com Customer acknowledges all services purchased pursuant to this agreement are for business purposes. 10. Assignment. Customer may not assign this Agreement (by operation of law or otherwise) without the prior written consent of Call One which consent will not be unreasonably withheld or delayed. Any prohibited assignment shall be void ab initio 11. Entire Agreement. Signed facsimile or scanned copies of this Agreement will legally bind the parties to the same extent as originally executed documents. The terms contained in this Agreement and any documents attached hereto and referenced herein or therein constitute the entire agreement between the parties with respect to the subject matter hereof, superseding all prior and contemporaneous understandings, proposals and other communications, oral or written Custome, iniuul s Cull One initiulc O t nitcd Communication Systems, Inc. - CO 123 N Wacker Drive 7th Floor Chicago, IL 60606 - Telephone 312-681-8300 - Fax 312-681 8301 Page 2 of 2 ••• ••• ••• CALL Aways Ccnrec 'rg BUSINESS DOWNTURN CUSTOMER SERVICE AGREEMENT ADDENDUM The Call One Customer Service Agreement for a 3 -year term will be amended to provide the 3 -year term discount for monthly recurring line charges for a 1 -year term commitment including an automatic option for two years. The option will be waived in the event the customer is required to reduce services, close a location or sell assets due to an economic change of circumstances. The monthly recurring discount affects line charges including related features. The discount does not include the terms for circuits that require a mandatory term (i.e. ISDN PRI circuits, DSL, Ti Lines). Customer Name: Customer Account Number: Signed and Accepted Call One Customer Cali One Page 1 of 1 RIDER TO THE CONTRACT BETWEEN THE CITY OF DES PLAINES AND UNITED COMMUNICATION SYSTEMS, INC. d/b/a CALL ONE 1. The parties agree to pay their own attorneys' fees and costs in any disputes arising hereunder. This agreement shall be construed in accordance with the laws of the State of Illinois. Venue shall be in the Second District of the Circuit Court of Cook County. Illinois. 3. Call One understands that amendments to the Illinois Freedom of Information Act (P.A. 96-0542) which took effect January 1, 2010, will, if requested, require Call One to produce company records and documents which are related to the performance of services under this agreement. Call One agrees to deliver to the City all records in its possession relating to this agreement that are not exempt from disclosure at no additional cost to the City within three (3) business days of a request by the City for said records. Once the documents are received, the City will assert and defend each exemption available, if any, under the law in response to a request for the inspection and copying of documents related to the performance of services under this agreement. 4. Call One agrees to reimburse the City any fees, fines, or costs incurred by or assessed against the City under the Act and attributable to the failure of Call One to deliver requested records in its possession within three (3) business clays of its receipt of a request from the City to do so. For purposes of this paragraph, an e-mail request for records and documents will be considered received on the day sent. 5. If there is any conflict between the terms of the rider and the terms of the agreement, the terms of the rider shall control. UNITED COMMUNICATION SYSTEMS, INC. d/b/a Call One Print Name: .S Its: Date: 7 —, / 0 CITY OF DES PLAiNES By: Jason Slowinski Its: Acting City Manager Date: 1:17 Y Or 16 i. DES PLAINES ILLINOIS Consent Agenda Items #10 & 10a City of Des Plaines City Attorney's Office 1420 Miner Street, Room 401 Des Plaines, IL 60016 Tel: 847-391-5303 Fax: 847-391-5003 INTEROFFICE MEMORANDUM Datc: July 8, 2010 To: Jason Slowinski, c ing City Manager From: David R. Wilts Ci Attorney 3, )i/4. Re: PNC Contract Amendment 10-592 Issue: The City Council has authorized, by Resolution R-42-10, a contract with PNC Equipment Finance, which contains a standard Rider that we have been using since January 1, 2010 requiring, among other items, compliance with the provisions of the new FOIA law. PNC has agreed to put the other provisions in their contract rider, which they call an Amendment, but is refusing to agree to add compliance with the new FOIA to the Amendment. This contract is for copy machines in the Fire Department and the Legal Division. Analysis: This year's contract Riders were expanded to add the new State requirement of the Freedom of Information Act to standard Rider provisions on choice of law, venue on the Second District of Cook County and similar minor, but important clauses. The FOIA clause was added to put contractors on notice that the law requiring documents in five days existed. PNC has subsequently objected to the FOIA compliance clause indicating that it would not have any other documents germane to a FOIA request other that the contract documents as approved by the Council. It is important to note the irrespective of whether the clause in is the contract, it still remains a requirement of Illinois State law. Recommendation: Staff recommends that the City Council approve the contract for copier lease with the revised Amendment to the contract which removes the language relating to the FOIA compliance. Attachments: Resolution R-105-10 Contract and Arnended Riders DRW:ms Legal\Memos\2010\Slowinski PNC Contract Change 2 CITY OF DES PLAINES RESOLUTION R - 105 - 10 A RESOLUTION APPROVING THE REVISED AMENDMENT TO THE FIVE YEAR LEASE AGREEMENTS BETWEEN PNC EQUIPMENT FINANCE AND THE CITY OF DES PLAINES, WITH ALL RELATED DOCUMENTS. WHEREAS, Article VI1, Section 10, of the 1970 Illinois Constitution authorizes the City to contract with individuals, associations, and corporations, in any manner not prohibited by law or ordinance; and WHEREAS, on April 5, 2010, by Resolutions R-42-10, the City Council authorized the execution of Amendments to the five year lease agreements between PNCEF, LLC d/b/a PNC Equipment Finance and the City of Des Plaines, with all related documents, and maintenance agreements between Chicago Office Technology Group, Inc. and the City of Des Plaines for copy machines for the Legal Division and Fire Department. The riders to the contracts included new language requiring compliance with the Illinois Freedom of Information Act (FOIA); and WHEREAS, PNC Equipment Finance is refusing to agree to add compliance with the new FOIA to the Amendments; and WHEREAS, it is in the best interest of the City to approve the Amendments to the five year lease agreements between PNC Equipment Finance and the City of Des Plaines, with all related documents, for the copy machines for the Legal Division and Fire Department; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Des Plaines, County of Cook, Illinois in the exercise of its home rule powers, as follows: SECTION 1: That the recitals set forth herein above are incorporated herein by reference as the factual basis for this transaction. SECTION 2: That in the best interest of the City, the City Council hereby authorizes the Acting City Manager to execute the Amendments to the five year lease agreements between PNC Equipment Finance and the City of Des Plaines, with all 1 related documents, for the copy machines for the Legal Division and Fire Department, copies of which are attached hereto and made a part hereof, as Exhibit "A." SECTION 3: That the terms and conditions of all other documents previously approved by Resolution R-42-10 remain in full force and effect. SECTION 4: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2010. APPROVED this day of , 2010. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: CITY CLERK David R. Wiltse, City Attorney Legal\Res\2010\PNC Copier Lease Amendment 2 Lease Agreement Dated as of June 23 2010 Lease Number 130562000 Exhibit rrA" Lessor: PNCEF, LLC, dba PNC Equipment Finance 995 Dalton Avenue Cincinnati, OH 45203 Lessee: LFSSEF FULL. L.FOAL. NAME FI•DI'RAI FAX 11) City of Des Plaines 366005849 1420 Miner Street Des Plaines, IL 60016 Equipment See attached Certificate of Acceptance for Equipment Description Description Rent Lease Term is for 60 months, with Rent payments due in Advance ® monthly;❑ quarterly; ['semi - Payment annual; ['annually; each in the amount of $540.00 beginning , -or- Schedule ❑ in the amounts set forth in the attached Schedule of Payments. Lessee shall pay Rent payments exclusively from legally available funds in U.S. currency to Lessor in the amounts and on the dates set forth herein, without notice or demand. TERMS AND CONDITIONS 1. LEASE. Subject to the terms of this Lease, Lessee agrees to lease from Lessor the equipment (the "Equipment") described in the attached Certificate of Acceptance when Lessor accepts this Lease. Lesscc agrccs to he bound by all the terms of this Lease. 2. DELIVERY AND ACCEPTANCE OF EQUIPMENT. Acceptance of the Equipment occurs upon delivery. When Lessee receives the Equipment, Lesscc agrccs to inspect it and to verify by telephone or in writing such information as Lcssor may require. Delivery and installation costs are the Lessee's responsibility. If Lessee signed a purchase contract for the Equipment, by signing this Lease Lessee assigns its rights, but none of its obligations under the purchase contract, to Lessor. 3. RENT. Lessee agrees to pay Lessor Rent (plus applicable taxes) in the amount and frequency stated above. Rent Payments under this Lease do not include the accrual of an interest portion. If Lessee's Rent payments are due in Advance, the first Rent payment is due on the date Lessee accepts the Equipment under the Lease. Lcssor will advise Lesscc as to (a) the due date of each Rent payment, and (b) the address to which Lesscc must send payments. Rent is due whether or not Lessee receives an invoice from Lessor. Lessee will pay Lessor any required advance rent when Lessee signs this Lease. Lesscc authorizes Lcssor to change the Rent by not more than 15% due to changes in the Equipment configuration, which may occur prior to Lessor's acceptance of this Lease. Restrictive endorsements on checks Lessee sends to Lessor will not reduce obligations to Lessor. Unless a proper exemption certificate is provided, applicable sales and use taxes will be added to the Rent. NON -APPROPRIATION OF FUNDS. Lessee intends to remit all Rent and other payments to Lessor for the full Lease Term if funds are legally available. In the event Lessee is not granted an appropriation of funds at any time during the Lease Term for the Equipment subject to this Lease and operating funds are not otherwise available to Lessee to pay the Rent and other payments due and to become due under this Lease, and there is no other legal procedure or available funds by or with which payment can be made to Lessor, and the non -appropriation did not result from an act or omission by Lessee, Lesscc shall have the right to return the Equipment in accordance with Scction 16 of the Lease and terminate this Lease on the last day of the fiscal period for which appropriations were received without penalty or expense to Lessee, except as the portion of Rent for which funds shall have been appropriated and budgeted. At least thirty (30) days prior to the end of Lessee's fiscal year, Lcsscc's chief executive officer (or legal counsel) shall certify in writing that (a) funds have not been appropriated for the upcoming fiscal period, (b) such non -appropriation did not result from any act or failure to act by Lessee, and (c) Lessee has exhausted all funds legally available for the payment of Rent. 4. UNCONDITIONAL OBLIGATION. LESSEE AGREES THAT 1T IS UNCONDITIONALLY OBLIGATED TO PAY ALL RENT AND ANY OTHER AMOUNTS DUE UNDER THIS LEASE IN ALL FISCAL YEARS IN WHICH FUNDS HAVE BEEN APPROPRIATED NO MATTER WHAT HAPPENS, EVEN IF THE EQUIPMENT IS DAMAGED OR DESTROYED, IF IT IS DEFECTIVE OR IF LESSEE HAVE TEMPORARY OR PERMANENT LOSS OF ITS USE. LESSEE IS NOT ENTITLED TO ANY REDUCTION OR SET-OFF AGAINST RENT OR OTHER AMOUNTS DUE UNDER THIS LEASE FOR ANY REASON WHATSOEVER. 5. DISCLAIMER OF WARRANTIES. THE EQUIPMENT IS BEING LEASED TO LESSEE IN "AS -IS" CONDITION. LESSEE AGREES THAT LESSOR HAS NOT MANUFACTURED THE EQUIPMENT AND THAT LESSEE HAS SELECTED THE EQUIPMENT BASED UPON LESSEE'S OWN JUDGMENT. LESSEE HAS NOT RELIED ON ANY STATEMENTS LESSOR OR ITS EMPLOYEES HAVE MADE. LESSOR HAS NOT MADE AND DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, DESIGN, CONDITION, DURABILITY, OPERATION, QUALITY OF MATERIALS OR WORKMANSHIP, OR COMPLIANCE WITH SPECIFICATIONS OR APPLICABLE LAW. Lessee is aware of the name of the Equipment manufacturer and will contact the manufacturer for a description of warranty rights. If the manufacturer has provided Lessor with a warranty, Lessor 1 of 4 assigns its rights to such warranty to Lessee and Lessee may enforce all warranty rights directly against the manufacturer of the Equipment. Lessee agrees to settle any dispute regarding performance of the Equipment directly with the manufacturer of the Equipment. 6. TITLE AND SECURITY INTEREST. Unless otherwise required by the laws of the state where Lessee is located, Lessor shall have title to the Equipment, except as set forth in section 15. 7. USE, MAINTENANCE AND REPAIR. Lessee will not move the Equipment from the Equipment Location without Lessor's advance written consent. Lessee will give Lessor reasonable access to the Equipment Location so that Lessor can check the Equipment's existence, condition and proper maintenance. Lessee will use the Equipment in the manner for which it was intended, as required by all applicable manuals and instructions, and keep it eligible for any manufacturer's certification and/or standard full service maintenance contract. At Lessee's own cost and expense, Lessee will keep the Equipment in good repair, condition and working order, ordinary wear and tear excepted. Lessee will not make any permanent alterations to the Equipment. 8. TAXES. Lessee agrees to pay Lessor, when invoiced, all taxes (including any sales, use and personal property taxes), fines, interest and penalties relating to this Lease and the Equipment (excluding taxes based on Lessor's net income). Lesscc agrees to file any required personal property lax returns and, if Lessor asks, Lessee will provide Lessor with proof of payment. Lessor does not have to contest any tax assessments. 9. INDEMNITY. Lessor is not responsible for any injuries, damages, penalties, claims or losses, inducing legal expenses, incurred by Lessee or any other person caused by the transportation, installation, manufacture, selection, purchase, lease, ownership, possession, modification, maintenance, condition, operation, use, return or disposition of the Equipment. To the extent permitted by law, Lessee agrees to reimburse Lessor for and defend Lessor against any claims for such losses, damages, penalties, claims, injuries, or expenses. This indemnity continues even after this Lease has expired, for acts or omissions that occurred during the Lease Tenn. 10. IDENTIFICATION. Lessee authorizes Lessor to insert or correct missing information on this Lease, including Lessee's official name, serial numbers and any other inlonnation describing the Equipment. Lessor will send Lessee copies of such changes. Lessee will attach to the Equipment any name plates or stickers Lessor provides Lessee. 11. LOSS OR DAMAGE. Lessee is responsible for any loss of the Equipment from any cause at all, whether or not insured, from thc time the Equipment is shipped to Lessee until it is returned to Lessor. If any item of Equipment is lost, stolen or damaged, Lessee will promptly notify Lessor of such event. Then, at Lessor's option, Lessee will either (a) repair the Equipment so that it is in good condition and working order, eligible fbr any manufacturer's certification, or (b) pay Lessor an amount equal to the Net Book Value (as defined in Section 14) of the lost, stolen or damaged Equipment. If Lessee has satisfied Lessee's obligations under this Section 11, Lessor will forward to Lessee any insurance proceeds which Lessor receives for lost, damaged, or destroyed Equipment. If Lessee is in default, Lessor will apply any insurance proceeds Lessor receives to reduce Lessee's obligations under Section 14 of this Lcasc. 12. INSURANCE. Lessee agrees to (a) keep the Equipment fully insured against loss, naming Lessor as loss payee, and (b) obtain a general public liability insurance policy covering both personal injury and property damage in amounts not less than Lcssor may tell Lessee, naming Lcssor as additional insured, until Lessee has met all Lessee's obligations under this Lease. Lessor is under no duty to tell Lessee if Lessee's insurance coverage is adequate. The policies shall state that Lessor is to be notified of any proposed cancellation at least 30 days prior to thc date set for cancellation. Upon Lessor's request, Lessee agree to provide Lessor with certificates or other evidence of insurance acceptable to Lessor. If Lessee docs not provide Lessor with evidence of proper insurancc within 10 days of Lessor's request or Lcssor receives notice of policy cancellation, Lessor may (but Lessor is not obligated to) obtain insurance on Lessor's interest in the Equipment at Lessee's expense. Lessee will pay all insurance premiums and related charges. 13. DEFAULT. Lessee will be in default under this Lease if any of the following happens: (a) Lessor does not receive any Rent or other payment due under this Lease within 10 days after its due date, (b) Lessee fails to perform or observe any other promise or obligation in this Lease and does not correct the default within 10 days after Lessor sends Lessee written notice of default, (c) any representation, warranty or statement Lessee has made in this Lease shall prove to have been false or misleading in any material respect, (d) any insurance carrier cancels or threatens to cancel any insurance on the Equipment, (c) thc Equipment or any part of it is abused, illegally used, misuscd, lost, destroyed, or damaged beyond repair, (0 a petition is filed by or against Lessee under any bankruptcy or insolvency laws, or (g) Lessee defaults on any other agreement between it and Lessor (or Lessor's affiliates). 14. REMEDIES. Upon the occurrence of a default, Lessor may, in its sole discretion, do any or all of the following: (a) provide written notice to Lessee of default, (b) as liquidated damages for loss of a bargain and not as a penalty, declare due and payable, the present value of (i) any and all amounts which may be then due and payable by Lessee to Lessor under this Lease, plus (ii) all Rent payments remaining through the end of the Lease Term, discounted at the higher of 3% or the lowest rate allowed by law, plus the Fair Market Value of the Equipment (collectively, the "Net Book Value"). Lessor has the right to require Lessee to make the Equipment available to Lessor for repossession during reasonable business hours or Lessor may repossess the Equipment, so long as Lessor does not breach the peace in doing so, or Lessor may use legal process in compliance with applicable law pursuant to court order to have the Equipment repossessed. Lessee will not make any claims against Lessor or the Equipment for trespass, damage or any other reason. If Lessor takes possession of the Equipment Lessor may (a) sell or lease the Equipment at public or private sale or lease, and/or (b) exercise such other rights as may be allowed by applicable law. Although Lessee agrees that Lessor has no obligation to sell the Equipment, if Lessor does sell the Equipment, Lessor will reduce the Net Book Value by the amounts Lessor receives. Lessee will immediately pay Lessor the remaining Net Book Value. Lessee agrees (a) that Lessor only needs to give Lessee 10 days advance notice of any sale and no notice of advertising, (b) to pay all of the costs Lessor incurs to enforce Lessor's rights against Lessee, including attorney's fees, and (c) that Lessor will retain all of Lessor's rights against Lessee even if Lessor does not choose to enforce them at the time of Lessee's default. 15. LESSEE'S OPTION AT END OF LEASE. Notwithstanding anything contained in the Lcasc to thc contrary, so long as no default shall have occurred and be continuing, Lessee may, at Lessee's option, purchase the Equipment leased pursuant to this Rental Schedule on an "as is, where is" basis, without representation or warranty, express or implied, at the end of the Initial Term at a price equal to the Fair Market Value thereof, plus applicable taxes. "Fair Market Value" shall be equal to the value which would be obtained in an arms-length transaction between an informed and willing buyer and an informed and willing seller under no compulsion to sell, and in such determination, costs of removal of the Equipment from its location of current use shall not be a deduction from such value. if Lessee and Lessor cannot agree on the Fair Market Value thereof, such value shall be determined by appraisal at the sole expense of Lessee. Appraisal shall be a procedure whereby two recognized independent appraisers, one chosen by Lessee and one by Lessor, shall mutually agree upon the amount in question. If the appraisers are unable to agree upon the amount in question, a third recognized independent appraisers' evaluation shall be binding and conclusive on Lessee and Lessor. This purchase option as applicable shall only be available if Lessee gives Lessor ninety (90) days prior written notice of Lessee's irrevocable intent to exercise such option and Lessor and Lessee shall have agreed to all terms and conditions of such purchase prior to the expiration date of the Initial Term. Until the Equipment is returned as required below, all terms of the Lease shall remain in full force and effect including the obligation to pay Rent. 2 of 4 16. RETURN OF EQUIPMENT. If (a) default occurs, (b) a non-appropriation of funds occurs in accordance with Section 3, or (e) Lessee does not purchase the Equiptnent pursuant to Section 15, Lessee will immediately return the Equipment to any location(s) in the continental United States and aboard any carriers(s) Lessor may designate. The Equipment must he properly packed for shipment in accordance with the manufacturer's recommendations or specifications, freight prepaid and insured, maintained in accordance with Section 7, and in "Average Saleable Condition." "Average Saleable Condition" means that all oldie Equipment is immediately available for use by a third parry buyer, user or lessee, other than Lessee named in this Lease, without the need fir any repair or refurbishment. All Equipment must he free of markings. Lessee will pay Lessor Ibr any missing or defective parts or accessories. Lessee will continue to pay Rent until the Equipment is received and accepted by Lessor. 17. LESSEE'S REPRESENTATIONS AND WARRANTIES. Lessee hereby represents and warrants to Lessor that as of the date of this Lease, and throughout the Lease Terni: (a) Lessee is the entity indicated in this Lease; (b) Lessee is a State or a fully constituted political subdivision or agency of the State in which Lessee is located; (c) Lessee is duly organized and existing under the Constitution and laws of the State in which Lessee is located; (d) Lessee is authorized to enter into and carry out Lessee's obligations under this Lease, any documents relative to the acquisition of the Equipment and any other documents required to be delivered in connection with this Lcasc (collectively, the "Documents"); (c) the Documents have been duly authorized, executed and delivered by Lessee in accordance with all applicable laws, rules, ordinances, and regulations, the Documents are valid, legal, binding agreements, enforceable in accordance with their terms and the person(s) signing the Documents have the authority to do so, are acting with the full authorization of Lessee's governing body, and hold the offices indicated below their signature, each of which is genuine; (f) the Equipment is essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of Lessee's authority and shall be used during the Lease Term only by Lessee and only to pertonm such function; (g) Lessee intends to use the Equipment for the entire Lease Tenn and shall take all necessary action to include in Lessee's annual budget any funds required to fulfill Lessee's obligations for each fiscal year during thc Lease Term; (h) Lessee has complied fully with all applicable law govcming open meetings, public bidding and appropriations required in connection with this Lease and the acquisition of the Equipment; (i) Lessee's obligations to remit Rent under this Lease constitutes a current expense and not a debt under applicable state law and no provision of this Lcasc constitutes a pledge of Lessee's tax or general revenues, and any provision which is so constructed by a court of competent jurisdiction is void from the inception of this lease; (j) all payments due and to become due during Lessee's current fiscal year are within the fiscal budget of such year, and arc included within an unrestricted and unencumbered appropriation currently available for the lease of the Equipment; and (k) all financial information Lessee has provided to Lessor is true and accurate and provides a good representation of Lessee's financial condition. 18. LESSEE'S PROMISES. In addition to the other provisions of this Lease, Lessee agrees that during the tern of this Lease (a) Lessee will promptly notify Lessor in writing if it moves Lessee's principal office or it changes names or its legal structure, (b) Lessee will provide to Lessor such financial information as may reasonably request from time to time, and (c) Lessee will take any action Lessor reasonably requests to protcct Lessor's rights in the Equipment and to meet Lessee's obligations under this Lease. 19. ASSIGNMENT. LESSEE WILL NOT SELL, TRANSFER, ASSIGN, PLEDGE, SUB-LEASE OR PART WITH POSSESSION OF THE EQUIPMENT OR FILE OR PERMIT A LIEN TO BE FILED AGAINST THE EQUIPMENT. Lessee will not attach any of the Equipment to any real estate. Upon Lessor's reasonable request and at Lessee's cost, Lessee will obtain from each person having an interest in the real estate where the Equipment is located a waiver of any rights they may have in the Equipment. 20. ASSIGNMENT BY LESSOR. This Lease, and the rights of Lessor hereunder and in and to thc Equipment, may be assigned and reassigned in whole or in part to one or more assignees by Lessor or its assigns at any time without the necessity of obtaining the consent of Lessee; provided, however, no such assignment or reassignment shall be effective unless and until Lessee shall have been given written notice of assignment disclosing the name and address of the assignee or its agent authorized to receive payments and otherwise service this Lease on its behalf. Upon receipt of notice of assignment, Lessee agrees to record the same in records maintained for such purpose, and further, to make all payments as designated in the assignment, notwithstanding any claim, defense, setoff or counterclaim whatsoever (whether arising from a breach of this Lease or otherwise) that Lessee may from time to time have against Lessor or Lessor's assigns. Lessee agrees to execute all documents, including acknowledgments of assignment, which may reasonably be requested by Lessor or its assigns to protcct their interests in the Equipment and in this Lease. 21. COLLECTION EXPENSES, OVERDUE PAYMENT. Lessee agrees that Lessor can, but does not have to, take on Lessee's behalf any action which Lessee fails to take as required by this Lcasc, and Lessor's expenses will be in addition to that of the Rcnt which Lessee owcs Lessor. If Lessor receives any payment from Lessee after the due date, Lessee shall pay Lessor on demand as a late charge five percent (5%) of such overdue amount, limited, however, to the maximum amount allowed by law. 22. AGREED LEASE RATE FACTOR. Lessee understands that the Equipment may be purchased for cash (the "Equipment Cost") or it may be leased. By signing this Lease, Lessee acknowledges that it has chosen to lease the Equipment from Lessor for the Lease Term and that Lessee has agreed to pay Rent. Each payment of Rent includes a principal amount based on thc Equipment Cost and a lease charge rate. If it is determined that Lessee's payments under this Lease result in an interest payment higher than allowed by applicable law, then any excess interest collected will be applied to the repayment of principal and interest will be chargcd at the highest rate allowed by law. In no event will Lessor charge or receive or will Lessee pay any amounts in excess of the legal amount. 23. MISCELLANEOUS. This Lease contains the entire agreement and supersedes any conflicting provision of any equipment purchase order or any other agreement. TIME IS OF THE ESSENCE IN THIS LEASE. If a court finds any provision of Lease to be unenforceable, the remaining terms of this Lease shall remain in effect. TO THE EXTENT THAT THIS LEASE IS FOUND TO NOT BE A TRUE LEASE, THIS LEASE ISA "FINANCE LEASE" AS DEFINED IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE. Lessee authorizes Lessor (or Lessor's agent) to (a) obtain credit reports, (b) make such other credit inquires as Lessor may deem necessary, and (c) furnish payment history information to credit reporting agencies. To the extent permitted by law, Lessor may charge Lessee a fee of $250.00 to cover Lessor's documentation and investigation costs. 24. NOTICES. All of Lessee's written notices to Lessor must be sent by certified mail or recognized ovemight delivery service, postage prepaid, to Lessor at Lessor's address stated in this Lease, or by facsimile transmission to Lessor's facsimile telephone number, with oral confirmation of receipt. All of Lessor's notices to Lessee may be sent first class mail, postage prepaid, to Lessee's address stated in this Lease. At any time after this Lease is signed, Lessee or Lessor may change an address or facsimile telephone number by giving notice to the other of the change. 25. WAIVERS. LESSOR AND LESSEE EACH AGREE TO WAIVE, AND TO TAKE ALL REQUIRED STEPS TO WAIVE, ALL RIGHTS TO A JURY TRIAL. To the extent Lessee is permitted by applicable law, Lessee waives all rights and remedies conferred upon a lessee by Article 2A (Sections 508-522) of the Uniform Commercial Code including but not limited to Lessee's rights to: (a) cancel or repudiate this Lease; (b) reject or revoke acceptance of the Equipment; (c) recover damages from Lessor for any breach of warranty or for any other reason; (d) grant a security interest in any Equipment in Lessee's possession. To the extent Lessee is permitted by applicable law, Lessee waives any rights they now or later may have under any statute or otherwise which requires Lessor to sell or otherwise use any Equipment to reduce Lessor's damages, which requires 3 of 4 Lessor to provide Lessee with notice of default, intent to accelerate amounts becoming due or acceleration of amounts becoming due, or which may otherwise limit or modify any of Lessor's rights or remedies. ANY ACTION LESSEE TAKES AGAINST LESSOR FOR ANY DEFAULT, INCLUDING BREACH OF WARRANTY OR INDEMNITY, MUST BE STARTED WITHIN ONE (1) YEAR ANTER THE EVENT, WHICH CAUSED IT. Lessor will not he liable for specific performance of this Lease or for any losses, damages, delay or failure to deliver Equipment. IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS LEASE SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. TERMS OR ORAL PROMISES WIIICH ARE NOT CONTAINED IN THIS WRITTEN AGREEMENT MAY NOT BE LEGALLY ENFORCED. THE TERMS OF THIS LEASE MAY ONLY BE CHANGED BY ANOTHER WRITTEN AGREEMENT BETWEEN LESSEE AND LESSOR. LESSEE AGREES TO COMPLY WITH THE TERMS AND CONDITIONS OF TIIIS LEASE. LESSEE AGREES THAT 'I'HE EQUIPMENT WILL BE USED FOR BUSINESS PURPOSES ONLY AND NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. LESSEE CERTIFIES TIIAT ALL. TIIE INFORMATION GIVEN IN THIS LEASE AND LESSEE'S APPLICATION WAS CORRECT AND COMPLETE WHEN THIS LEASE WAS SIGNED. T1115 LEASE IS NOT BINDING UPON LESSOR OR EFFECTIVE UNLESS AND UNTIL LESSOR EXECUTES THIS LEASE. THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS. Citv of Des Plaines ("Lessee") PNCEF. LLC. dba PNC Equipment Finance ("Lessor") X X Authorized Signature Authorized Signature Print Name Print Name Title: Title: Date 1420 Miner Street Des Plaines, IL 60016 995 Dalton Ave. Cincinnati, OH 45203 OPINION OF COUNSEL I have acted as counsel to the above -referenced Lessee (the "Lessee") with respect to this Lease Agreement by and between the Lessee and Lessor (the "Lease"), and in this capacity have reviewed the original or duplicate originals of the Lease and such other documents as 1 have deemed relevant. Based upon the foregoing, I ani of the opinion that: (A) Lessee is a state or a fully constituted political subdivision or agency of a state within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended; (B) the execution, delivery and performance of the Lease by Lessee has been duly authorized by all necessary action on the part of Lessee; (C) the Lease constitutes a legal, valid and binding obligation of Lessee enforceable in accordance with its terms, except as limited by laws of general application affecting the enforcement of creditors' rights, and does not constitute a debt of Lessee which is prohibited by state law; (D) the authorization, approval and execution of the Lease and all other proceedings of Lessee related to the transactions contemplated thereby have been performed in accordance with all open - meeting laws, public bidding laws, and all other applicable state laws. The undersigned certifies that (s)he is an attorney duly authorized to practice law in the State of The foregoing opinions are limited to the laws of such State and federal laws of the United States. Attorney of Lessee By: Print Name: Law firm: 4 of 4 tPNC EQUIPMENT FINANCE AMENDMENT This Amendment ("Amendment"), elated and effective as of the 23"I day of June, 2010, to Lease #130562000 ("Lease"), is entered into between PNCEF, LLC dba Equipment Finance ("Lessor") and City of Des Plaines("Lessee"). In consideration of the mutual covenants contained herein and other valuable consideration received, and with the intent to be legally bound, the parties amend the Lease as follows: Lease Agreement section 3: NON -APPROPRIATION OF FUNDS "Lessee intends to remit all rent and other payments to Lessor...all funds legally available for the payment of Rent." Will be changed to "In the event Lessee is not granted an appropriation of funds at any time during the Lease Term for the equipment subject to this Lease, Lessee shall have the right to return the equipment in accordance with Section 16 of the Lease and terminate this Lease on the last day of the fiscal period for which appropriation were received without penalty or expense to Lessee." Lease Agreement section 13: Default part (a) change "within 10 days after its due date" to "within 35 days after its due date" In addition, at the end of the bolded section of the the following sentence shall be deleted "THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS." The following shall be added: " THE PARTIES AGREE TO PAY THEIR OWN ATTORNEY FEES AND COSTS IN ANY DISPUTES, BARRIGNG THOSE SPECIFICALLY MENTIONED IN SECTION 13 OF THIS LEASE. THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE SECOND DISTRICT OF THE CIRCUIT COURT OF COOK COUNTY, STATE OF ILLINOIS. All other terms and conditions of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date above written. City of Des Plaines PNCEF, LLC dba PNC Equipment Finance Authorized Signature Authorized Signature Printed Name Printed Name Title Title PNC EQUIPMENT FINANCE AMENDMENT This Amendment ("Amendment"), datcd and effective as of the 23'' day of June, 2010, to Lease #130670000("Lease"), is entered into between PNCEF, LLC dba Equipment Finance ("Lessor") and City of Des Plaines("Lessee"). Lease Agreement section 3: NON -APPROPRIATION OF FUNDS "Lessee intends to remit all rent and other payments to Lessor...all funds legally available for the payment of Rent." Will be changed to "In the event Lessee is not granted an appropriation of funds at any time during the Lease Term for the equipment subject to this Lease, Lessee shall have the right to return the equipment in accordance with Section 16 of the Lease and terminate this Lease on the last day of the fiscal period for which appropriation were received without penalty or expense to Lessee." Lease Agreement section 13: Default — part (a) change "within 10 days after its duc date" to "within 35 days after its due date" In addition, at the end of the bolded section of the the following sentence shall be deleted "THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS." The following shall be added: " THE PARTIES AGREE TO PAY THEIR OWN ATTORNEY FEES AND COSTS IN ANY DISPUTES, BARRIGNG THOSE SPECIFICALLY MENTIONED IN SECTION 13 OF THIS LEASE. THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE SECOND DISTRICT OF THE CIRCUIT COURT OF COOK COUNTY, STATE OF ILLINOIS. All other terns and conditions of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date above written. City of Des Plaines PNCEF, LLC dba PNC Equipment Finance Authorized Signature Authorized Signature Printed Name Printed Name Tide Title CITY OF DES PLAINES ILLINOIS Consent Agenda Item #11 City of Des Plaines Public Works and Engineering Department 1111 Joseph Schwab Road Des Plaines, IL 60016 Tel: 847-391-5464 Fax: 847-297-6801 MEMORANDUM Date: July 8, 2010 To: Jason Slowinsl ting City Manager From: Adam M. Boec Cc: Subject: Bid Notice -- Contractual Snow Removal Services .E., CFM, Asst. Dir. of Public Works and Engineering yaw Timothy P. Oakley, P.E., CFM Director of Public Works and Engineering0 Issue: The approved 2010 Budget contains $75,000 in the Streets and Grounds Maintenance Division for contractual snow plowing within the City. The contract for last winter has expired and the need exists to continue to utilize contractual snow removal services. Analysis: Prior to last winter, staff prepared a pilot program to procure contractual snow removal services for various local roads in the north and west portions of the City. This program was introduced due to the elimination of various personnel positions within the Public Works division in 2010. The contract ran concurrent with the City's fiscal year, beginning in January. The pilot program proved to be successful, receiving favorable comments from residents along the contractual routes and providing the necessary, auxiliary support for in-house staff during plow events. In order to establish a full program to cover the entire winter season, the City must procure a contract that runs through two different fiscal years. Last season's contract was terminated upon completion of the winter season in mid-April at an overall expense from January through April of $23,932.00. Therefore, approximately $51,000.00 remains for contractual snow removal through December. In order to develop efficiency and consistency of operation, staff is recommending a three-year contract. Based on review of the pilot program, staff has revised the bid specifications to enhance communications between the contractor and City staff. Recommendation: Staff requests authorization to bid Snow Removal Services with a bid opening of August 6, 2010. The contract amount will be $75,000, funded by the current $51,000 balance in the 2010 General Fund — Streets/Grounds Maintenance account as well as a portion of proposed 2011 funds from the same account. Attachments: Bid Notice INVITATION TO BID Bids for CONTRACTUAL SNOW REMOVAL SERVICES for the City of Des Plaines, Illinois, will be received at the Office of the City Clerk, Room 602, 1420 Miner Street, Des Plaines, Illinois until Friday, August 6, 2010, 3:00 p.m., after which time they will be publicly opened and read aloud. Prospective bidders are required to attend a Pre -Bid Meeting scheduled for Friday, July 30, 2010, 2:00 p.m. at Des Plaines Public Works Facility, 1111 Joseph Schwab Road, Des Plaines, Illinois to review the scope of the services and specifications. This contract includes the following approximate items: SNOW REMOVAL, PER PASS Bidders must submit a firm bid. All bids must be accompanied by a Bid Bond, Certified Check, or Bank Cashier's Check made payable to the CITY OF DES PLAINES, in the amount of $5,000. The outside of the bid must clearly identify the firm, individual, or organization that is submitting the bid. Relevant portions of "An Act to Prohibit Discrimination and Intimidation on Account of Race or Color in Employment under Contracts for Public Buildings or Public Works", approved July 8, 1933, as amended, "Fair Employment Practices Act", approved July 21, 1961, as amended and "The Prevailing Wage Act", Illinois Revised Statutes, as amended. (Contract Provisions required by Section 85.38 of the Code of Federal Regulations, US Department of Housing and Urban Development apply to this bid.) Contractor understands amendments to the Illinois Freedom of Information Act (P.A. 96-0542) requiring the Contractor to produce to the Requester any of its company records and documents which are in any way related to the performance of services under this agreement and not exempt from disclosure within five business days of the City's receipt of a request for said records. The Contractor agrees to be bound by the provisions of the Illinois Freedom of Information Act ( 5 ILCS 140/1 et seq.), and agrees to deliver to the City all records in its possession relating to this agreement within three (3) business days of a request by the City for said records. Contractor agrees to reimburse the City any fees, fines, or costs incurred by or assessed against the City for its failure to deliver requested records in the possession of the Contractor, and which the Contractor failed to deliver to the City within three (3) business days of its receipt of a request from the City to do so. An e- mail request for records and documents will be considered received by the Contractor on the day sent. The successful bidder will be required to furnish a Contract Performance Bond in the amount of $75,000.00. The cost of this Bond shall be included in the total price bid. Prior to award of the Contract, the apparent low bidder is required to submit the Contractor Sworn Work History Statement, Subcontractor Sworn Work History Statement, and other information relative to their ability to complete the work in a satisfactory manner and within the time specified. INV -1 Qualification of Bidders: A. Factors. Owner intends to award the Contract only to a Bidder that furnishes satisfactory evidence that it has the requisite experience, ability, capital, facilities, plant, organization and staffing to enable it to perform the Work in a satisfactory manner and to complete the Work for the Contract Unit Prices and within the Contract Time. B. Additional Information. Owner reserves the right to require from any Bidder, prior to award of the Contract, a detailed statement regarding the business and technical organizations of Bidder that is available for the work. Information pertaining to financial resources, experience of personnel, contract defaults, litigation history, and pending projects may also be requested. C. Final Determination. The final selection of the final Bidder shall be made on the basis of the amount of the Bidder's Price Proposals, Owner's prior experience with the Bidders, Owner's knowledge of the Bidders performance on other relevant projects, any additional information submitted by Bidders to satisfy the Owner that Bidders are adequately prepared to fulfill the Contract, and all other relevant facts or matters mentioned in the Contract Documents or that the Owner may legally consider in making its determination. Bid Documents may be obtained in three ways: 1. Via the Internet at www.desplaines.org/ReferenceDesk/BidsProposals.htm - no charge 2. CD/DVD copy in person from the Public Works Department, 1111 Joseph Schwab Road, Des Plaines, IL, 60016. A $5 non-refundable bid deposit is required prior to issuance. 3. Hard copy in person from the Public Works Department, 1111 Joseph Schwab Road, Des Plaines, IL, 60016. A $5 non-refundable bid deposit is required prior to issuance of Bid Documents. Bidders must execute all signatures where required on their submitted Bid proposals. Bidders need not return the entire contract proposal when bids are submitted unless otherwise required. Portions of the proposal that must be returned include the following: 1. Contract Cover 2. Contract Proposal 3. Contract Schedule of Prices 4. Proposal Bid Bond 5. Contractor Sworn Work History Statement The City of Des Plaines reserves the right to waive any and all technicalities and to reject any or all bids, and to make an award in the best interest of the City. By Order of the CITY COUNCIL, CITY OF DES PLAINES, Gloria Ludwig, City Clerk INV -2 CITY OF DES PLAINES ILLINOIS Consent Agenda Items #12 & 12a City of Des Plaines Finance Department Des Plaines, IL 60016 Tel: 847-391-5300 Fax: 847-391-5402 INTEROFFICE MEMORANDUM Date: July 13, 2010 To: Jason Slowinski, City ager (Acting) From: Dorothy Wisniews • . ce Director 67°3 Re: Tax Levy Abatement Ordinance - 2010A and 2010B G.O. Refunding Bonds Issue: Adoption of the Tax Levy Abatement Ordinance for the 2010A General Obligation Refunding Bonds and 2010B General Obligation Refunding Bonds (Capital Appreciation Bonds). Analysis: Each year the City abates all, or a portion of, several General Obligation bond issues' annual property tax levy. It was understood when these bonds were approved that alternative revenue would be established, or designated, and used to pay the annual debt service. Abatement of the 2010A and 2010B General Obligation Refunding Bonds This ordinance abates or cancels the entire property tax levy for the 2010A and 2010B ($140,836.72) General Obligation Refunding Bonds. The 2010A and 2010B issues were utilized to restructure debt service costs within TIF #3 and will be funded by TIF #3 revenues. Recommendation: I recommend that the City Council approve the 2010A & 2010B General Obligation Refunding Bonds property tax abatements that will result in a reduction to the 2009 Property Tax Levy. Due to the filing deadline with the Cook County CIerk, staff recommends advancing this item to Second Reading on July 19, 2010. CITY OF DES PLAINES ORDINANCE M - 29 - 10 ABATEMENT OF THE 2009 TAX LEVY FOR THE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010A AND SERIES 2010B. AN ORDINANCE OF THE CORPORATE AUTHORITIES OF THE CITY OF DES PLAINES, PROVIDING FOR THE ABATEMENT OF THE 2009 TAX LEVY PREVIOUSLY MADE BY THE CITY OF DES PLAINES, FOR THE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010A AND SERIES 2010B (CAPITAL APPRECIATION BONDS). WHEREAS, the Corporate Authorities of the City of Des Plaines adopted on November 16, 2009, Ordinance M-44-09, which provided for the issuance of $3,945,000.00 Series 2010A General Obligation Refunding Bonds and $6,110,759.50 Series 2010B General Obligation Refunding Bonds (Capital Appreciation Bonds); and WHEREAS, said Ordinance also provides for the levy of taxes for the tax year 2009 sufficient to produce the amount of $140,836.72 for the payment of principal and interest on said bonds; and NOW, THEREFORE, BE IT ORDAINED by the Corporate Authorities of the City of Des Plaines, Cook County, Illinois as follows: SECTION 1: That the City of Des Plaines has $140,836.72 of TIF #3 Fund funds on hand equal to the amount of taxes levied for the tax year 2009 in Section 13 of Ordinance M-44-09 to pay principal and interest on the $3,945,000.00 General Obligation Refunding Bonds Series 2010A and $6,110,759.50 General Obligation Refunding Bonds Series 2010B (Capital Appreciation Bonds). SECTION 2: That there be abated the levy of taxes for the tax year 2009 in the amount of $140,836.72 of the $140,836.72 for the Series 2010A General Obligation Refunding Bonds and 2010B General Obligation Refunding Bonds (Capital Appreciation Bonds) as provided in Ordinance M-44-09 entitled "Ordinance Authorizing the Issuance of General Obligation Refunding Bonds, Series 2010A and Series 2010B, of the City of Des Plaines, Illinois" adopted by the Mayor 1 and Corporate Authorities of the City of Des Plaines and a certified copy of which was filed with the County Clerk of Cook County, Illinois. SECTION 3: That the City Clerk of the City of Des Plaines is hereby directed to file with the County Clerk of Cook County, Illinois, a certified copy of this Ordinance. SECTION 4: That the County Clerk is hereby directed to abate the amount of taxes for the tax year 2009 as set forth in this Ordinance. SECTION 5: That this Ordinance shall be in full force and effect from and after its passage and approval according to law. PASSED this day of , 2010 APPROVED this day of , 2010 VOTE: Ayes Nays Absent MAYOR ATTEST: CITY CLERK Published in pamphlet form this Approved as to form: day of , 2010 CITY CLERK David R. Wiltse, City Attorney Legal \Ord\Finance12009 Abatement Ords12009 Abatement 20I0A and 2010B COMMITTEE OF THE WHOLE PACKET CITY OF DES PLAINES ILLINOIS Committee of the Whole Item #is, City of Des Plaines Finance Department Des Plaines, IL 60016 Tel: 847-391-5300 Fax: 847-391-5402 INTEROFFICE MEMORANDUM Date: July 9, 2010 To: Jason Slowinski, Acting CAi ager CC: Mayor, City Council, City, City Attomey, Department Directors From: liana Bromber, Assistant Director of Finance Subj: Resolution R-102-10 July 19, 2010 Warrant Register I recommend that the above-mentioned Warrant Register be approved in the amount shown below: Warrant Register $2,547,244.93 IB/wj CITY OF DES PLAINES RESOLUTION R-102-10 Be it resolved by the City Council of the City of Des Plaines that the following bills are due and payable and that the Mayor and City Clerk be and are hereby authorized to make payment for same. July 19, 2010 FUND # 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 FUND TITLE GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND GENERAL FUND FUND # FUND TITLE 201 LIBRARY FUND 201 LIBRARY FUND FUND # FUND TITLE 202 LIBRARY CAPITAL PROJECTS FUND # FUND TITLE 203 MOTOR FUEL TAX FUND FUND # FUND TITLE 204 HUD:COM DEV BLOCK GRANT FUND # FUND TITLE 205 T.I.F. #1 DOWNTOWN FUND # FUND TITLE 206 EMERGENCY COMMUNICATIONS FUND # 208 208 208 208 FUND TITLE DPPD SEIZED ASSETS FUND DPPD SEIZED ASSETS FUND DPPD SEIZED ASSETS FUND DPPD SEIZED ASSETS FUND FUND # FUND TITLE 210 T I.F #3 W W'LI.E RD FUND # FUND TITLE 212 TIF #5 PERRY/LEE CITY OF DES PLAINES ORGANIZATION CHART ORGANIZATION # 0620 0631 0632 0634 0635 0637 0639 0651 0657 0659 1811 1820 1830 1840 1211 1212 1213 1214 1221 1222 1223 1224 1241 2451 2453 2454 ORGANIZATION # 2110 ORGANIZATION TITLE ELECTED OFFICE CITY MANAGER INFORMATION TECHNOLOGY LEGAL MEDIA SERVICES HUMAN RESOURCES HEALTH & HUMAN SERVICES FISCAL SERVICES OVERHEAD - GEN FUND GEOGRAPHIC INFO. SYSTEMS ENGINEERING/GENERAL (PW & ENGINEERING DEPT) BLDG & CODE ENFORCEMENT PLANNING & ZONING ECONOMIC DEVELOPMENT POLICE ADMINISTRATION POLJCE UNIFORMED PATROL POLICE CRIMINAL INVEST POLICE SUPPORT SERVICES FIRE ADMINISTRATION FIRE EMERGENCY SERVICES FIRE PREVENTION SERVICES EMA POLICE & FIRE COMMISSION STREET/GROUNDS MAINTENANCE VEHICLE MAINTENANCE DIV PUBLIC WORKS ADMIN ORGANIZATION TITLE LIBRARY SERVICES 2130 IL LIBRARY PER CAP GRANT ORGANIZATION # 202F LIBRARY CAPITAL PROJECTS ORGANIZATION TITLE ORGANIZATION # ORGANIZATION TITLE 203F MOTOR FUEL TAX ORGANIZATION # ORGANIZATION TITLE 204F HUD:COM DEV BLOCK GRANT ORGANIZATION # ORGANIZATION TITLE 205F T.I.F. #1 DOWNTOWN ORGANIZATION # ORGANIZATION TITLE 206F EMERGENCY COMMUNICATIONS ORGANIZATION # 208F 2081 2082 2083 ORGANIZATION # 210F ORGANIZATION # 212F ORGANIZATION TITLE DPPD SEIZED ASSETS FORFEITURE ACCOUNT CUSTOM ASSETS DEA ACCOUNT ORGANIZATION TITLE TIF #3 WILLE ROAD ORGANIZATION TITLE T I F. #5 PERRY/LEE FUND # FUND TITLE 213 T.I.F.#6 MANNHEIM/HIGGINS FUND # FUND TITLE 214 T.I.F. #4 FIVE CORNERS FUND # FUND TITLE 230 GRANT FUNDED PROJECTS 230 GRANT FUNDED PROJECTS 230 GRANT FUNDED PROJECTS FUND # FUND TITLE 414 CAPITAL PROJECTS FUNDS FUND # FUND TITLE 501 METRA LEASED PARKING FUND FUND # 502 502 502 502 502 FUND TITLE WATER/SEWER FUND WATER/SEWER FUND WATER/SEWER FUND WATER/SEWER FUND WATER/SEWER FUND FUND # FUND TITLE 503 CITY OWNED PARKING FUND FUND # FUND TITLE 604 ESCROW FUND FUND # FUND TITLE 625 125 CAFETERIA PLAN FUND # FUND TITLE 701 RISK MANAGEMENT FUND FUND # 702 702 702 702 702 FUND TITLE EQUIPMENT REPLACEMENT EQUIPMENT REPLACEMENT EQUIPMENT REPLACEMENT EQUIPMENT REPLACEMENT EQUIPMENT REPLACEMENT FUND # FUND TITLE 703 I T REPLACEMENT FUND FUND # FUND TITLE 705 HEALTH BENEFITS FUND FUND # FUND TITLE 706 COMPENSATED ABSENCES FUND # FUND TITLE 707 LIBRARY COMPENSATED ABS CITY OF DES PLAINES ORGANIZATION CHART ORGANIZATION # ORGANIZATION TITLE 213F T.I.F. #6 MANNHEIM/HIGGIN ORGANIZATION # ORGANIZATION TITLE 214F T.I.F. #4 FIVE CORNERS ORGANIZATION # 2310 2320 2330 ORGANIZATION TITLE PUBLIC SAFETY GRANTS CAPITAL GRANTS OTHER GRANTS ORGANIZATION # ORGANIZATION TITLE 414F CAPITAL PROJECTS ORGANIZATION # ORGANIZATION TITLE 5011 METRA LEASED LOTS ORGANIZATION # 0655 1812 5023 5024 5025 ORGANIZATION TITLE FISCAL SERVICES/WATER ENGINEERING/WATER (PW & ENGINEERING DEPT) WATER SYSTEMS PW - WATER - PLANT SEWER SYSTEMS ORGANIZATION # ORGANIZATION TITLE 5013 CITY OWNED PARKING OPS ORGANIZATION # ORGANIZATION TITLE 604F ESCROW ORGANIZATION # ORGANIZATION TITLE 625F CAFETERIA PLAN ORGANIZATION # ORGANIZATION TITLE 701F RISK MANAGEMENT ORGANIZATION # 702F 7021 7022 7023 702304 ORGANIZATION TITLE EQUIPMENT REPLACEMENT EQUIPMENT REPCMNT - WATER FIRE DEPT EQUIP REPLCMNT POLICE DEPT EQUIP RPLCMNT SHORT TERM EQUIPMENT LOAN ORGANIZATION # ORGANIZATION TITLE 703F I T REPLACEMENT ORGANIZATION # ORGANIZATION TITLE 705F HEALTH BENEFITS ORGANIZATION # ORGANIZATION TITLE 706F COMPENSATED ABSENCES ORGANIZATION # ORGANIZATION TITLE 707F LIBRARY COMPENSATED ABS SUNGARD PENTAMATION INC FUND ACCOUNTING DATE: 07/09/10 TIME: 07:59:30 SELECTION CRITERIA: payable.due date -"07/19/2010" FUND - 100 - GENERAL FUND ORGANIZATION ACCOUNT TITLE 0620 0620 0620 0620 0620 920230 930590 970100 970100 970260 PUBLICATION OF N MISCELLANEOUS EX OFFICE SUPPLIES OFFICE SUPPLIES POSTAGE AND PARC CITY OF DES PLAINES CASH REQUIREMENTS BILL LIST 01597 103202 102798 102798 103035 PAGE NUMBER: 1 ACCTPAY1 ACCOUNTING PERIOD: 7/10 VENDOR---- ------- PURCHASE OR INVOICE RECNO SALES TAX JOURNAL AND TOPICS NE MYRON CORPORATION HINCKLEY SPRING WATER HINCKLEY SPRING WATER FEDERAL EXPRESS TOTAL ELECTED OFFICE 0631 970100 OFFICE SUPPLIES 102798 HINCKLEY SPRING WATER TOTAL CITY MANAGER 0632 0632 0632 0632 0632 0632 0632 0632 0632 0632 970115 970115 970115 970270 970270 970270 970900 970900 970900 970900 SUPPLIES: DEPT/O SUPPLIES: DEPT/0 SUPPLIES: DEPT/O PRINTING-REPROD- PRINTING-REPROD- PRINTING-REPROD EQUIPMENT <$5,00 EQUIPMENT c$5,00 EQUIPMENT <$5,00 EQUIPMENT <$5,00 TOTA1. INFORMATION TECHNOLOGY 05124 05124 05124 104248 104248 104248 05124 05124 D5324 09638 0635 960990 MISC CONTRACTUAL 107880 0635 960990 MISC CONTRACTUAL 107880 0635 960990 MISC CONTRACTUAL 107880 0635 960990 MISC CONTRACTUAL 107880 0635 960990 MISC CONTRACTUAL 107881 0635 960990 MISC CONTRACTUAL 107997 0635 960990 MISC CONTRACTUAL 107997 0635 960990 MISC CONTRACTUAL 107997 0635 960990 MISC CONTRACTUAL 107997 0635 960990 MISC CONTRACTUAL 107998 0635 960990 MISC CONTRACTUAL 108043 0635 960990 MISC CONTRACTUAL 108070 0635 960990 MISC CONTRACTUAL 108070 0635 960990 MISC CONTRACTUAL 108070 0635 960990 MISC CONTRACTUAL 108070 0635 960990 MISC CONTRACTUAL 108070 0635 960990 MISC CONTRACTUAL 108070 0635 960990 MISC CONTRACTUAL 108070 0635 960990 MISC CONTRACTUAL 108445 0635 960990 MISC CONTRACTUAL 108445 TOTAL MEDIA SERVICES C D W GOVERNMENT INCO C D W GOVERNMENT INCO C D W GOVERNMENT INCO CHICAGO OFFICE TECHNO CHICAGO OFFICE TECHNO CHICAGO OFFICE TECHNO C D W GOVERNMENT INCO C D W GOVERNMENT INCO C D W GOVERNMENT INCO OFFICE DEPOT JACQUELYN OHLSON JACQUELYN OHLSON JACQUELYN OHLSON JACQUELYN OHLSON JESSICA HEMAUER CHESLEA HANCOCK CHESLEA HANCOCK CHESLEA HANCOCK CHESLEA HANCOCK ETHAN HERDRICH WAYNE LANDINO DON BARRETT DON BARRETT DON BARRETT DON BARRETT DON BARRETT DON BARRETT DON BARRETT HOLLY BUTZ HOLLY BUTZ 0637 920205 TUITION REIMBURS 107483 MICHAEL DUIBNER 0637 920220 MEMBERSHIP DUES 103635 SOCIETY FOR HUMAN RES 135830 9 0.00 7461966 298 0.00 0610 1651583 154 0.00 0610 1667853 107 0.00 7 134 07977 116 0.00 0.00 0610 1667853 108 0.00 D.00 TCP6280 109 0.00 TBX6271 151 0.00 SXX2218 317 0 00 958892 320 0.00 961384 102 0.00 961387 104 0.00 TBR5408 111 0.00 TCH1250 101 0.00 SXX2218 319 0.00 1227328782 269 0.00 0.00 07-04-10 190 0.00 06 21 10 197 0.00 06.23-10A 196 0.00 06 23-1OB 195 0.00 06-23-2010 1 0 00 06-21-2010 3 0.00 06-29-2010 6 0.00 07-01-2010 7 0.00 07-03-2010 155 0.00 06-23-2010 2 0 00 07-04 2010 159 0.00 07-02-2010 136 0.00 07-03-20.0 129 0 00 07-04-2010 124 0.00 07-01-2010 30 0.00 06-23-2010 327 0 00 06-22-2010 318 0.00 06 21-200 328 0.00 06 22-2010 332 0 00 07 01 2010 28 0.00 0.00 REIMB 06-10 120 0.00 9003413120 175 0.00 RUN DATE 07/09/2010 TIME 07:59:34 SUNGARD PENTAMATION INC - FUND ACCOUNTING AMOUNT 1050.00 176.68 34.31 22.40 15.95 1299.34 22.40 22.40 60.75 111.42 21.54 127.14 165.09 1677.89 6.74 58.34 18 21 24.99 2272.11 120.00 35.00 27.50 27.50 27.50 35.00 55.00 25 00 50 00 27 50 120.00 37.50 75.00 180.00 37 50 52 50 45.00 33 75 30 00 22 50 1063 75 2200.00 160 00 SUNGARD PENTAMATION INC - FUND ACCOUNTING DATE 07/09/10 TIME. 07:59:30 SELECTION CRITERIA: payable.due date="07/19/2010" FUND 100 GENERAL FUND ORGANIZATION ACCOUNT TITLE-- - 0637 0637 0637 0637 960040 960040 960040 970100 EMPLOYEE PHYSICA EMPLOYEE PHYSICA EMPLOYEE PHYSICA OFFICE SUPPLIES CITY OF DES PLAINES CASH REQUIREMENTS BILL LIST 106122 106122 106122 102798 TOTAL HUMAN RESOURCES 0639 970115 SUPPLIES: DEPT/0 71891 TOTAL HEALTH & HUMAN SERVICES VENDOR ALEXIAN BROTHERS CORP ALEXIAN BROTHERS CORP ALEXIAN BROTHERS CORP HINCKLEY SPRING WATER RUNCO OFFICE SUPPLY 0651 970100 OFFICE SUPPLIES 09638 OFFICE DEPOT 0651 970260 POSTAGE AND PARC 103035 FEDERAL EXPRESS TOTAL FISCAL SERVICES 0657 0657 0657 0657 0657 960970 960975 960975 960990 960993 "TJTAL OVERHEAD - GEN FUND 100 100 100 100 100 100 00 100 00 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 810500 830100 830100 830100 830100 830100 830100 830100 830'00 830100 830100 630100 830100 830100 830100 830100 830100 830100 830100 830100 830100 830100 830100 830100 830100 830100 AMB FEE PROCESSI FINE/FEE COLLECT FINE/FEE COLLECT MISC CONTRACTUAL INCENTIVE ADVANT REAL ESTATE TRAN VEHICLE VEHICLE VEHICLE VEHICLE VEHICLE VEHICLE VEHICLE VEHICLE VEHICLE VEHICLE VEHICLE VEHICLE VEHICLE VEHICLE VEHICLE VEHICLE VEHICLE VEHICLE VEHICLE VEHICLE VEHICLE VEHICLE VEHICLE VEHICLE VEHICLE LICENSES LICENSES LICENSES LICENSES LICENSES LICENSES LICENSES LICENSES LICENSES LICENSES LICENSES LICENSES LICENSES LICENSES LICENSES LICENSES LICENSES LICENSES LICENSES LICENSES LICENSES LICENSES LICENSES LICENSES LICENSES 05697 100706 100706 105295 09420 108643 09141 100159 102026 105550 107101 107162 107181 108604 108605 108606 108607 108608 108609 108610 108611 108612 108613 108617 108618 108620 100621 108622 108625 108626 108628 MEDICAL REIMBURSEMENT A R CONCEPTS INCORPOR A R CONCEPTS INCORPOR AZAVAR TECHNOLOGIES DES PLAINES CHRYSLER JOHN 8 MCCONVILL FLORENCE CARLSON LAURA VIVAR GUILLERMO MEDINA KATHY LANKFORD ROBERT HATTENHAUER WLODZIMIERZ MICHALAK SALLY GUENTHER PATRICIA AGRIEST1 IVAN ALVARADO ADAM AND KAREN RHINE WILLIAM KOLLER WILLIAM E NIEHAUS FRANCES KAUTZ ELZBIETA OLKOWICZ ROSE PRZYBYSLAWSKI TAHIRA ZEC NICOLAS LEMBESSIS STANISLAWA OCHWAT ANN MANCINI EMILY KLOR JERRY KURYLO GERARDO VERTZ JENNIFER QUIROZ LANETTE BERRY DONALD SMITH JR PAGE NUMBER: 2 ACCTPAY1 ACCOUNTING PERIOD: 7/10 PURCHASE OR INVOICE RECNO SALES TAX AMOUNT 367518 333 0.00 50.00 367609 126 0.00 125.00 369078 139 0.00 166.00 0610 1652108 153 0.00 64.78 0.00 2765.78 464447-0 212 0.00 189.00 0.00 189.00 522526327001 289 0.00 140.43 7-134-07977 117 0.00 32.07 0.00 172.50 2681 264 0.00 5821.38 MAY 2010 336 0 00 616.81 JUNE 2010 127 0.00 1055.37 8034 64 0.00 2113.95 ADJUSTMENT 115 0 00 2976.78 0.00 12584.29 REFUND 07-10 244 0.00 270.00 REFUND 07 10 16 0.00 5.00 REFUND 06-10 236 0.00 69 00 REFUND 06-10 304 0.00 25.00 REFUND 06 10 86 0.00 30.00 REFUND 06-10 5 0.00 24.00 REFUND 06-10 306 0.00 50.00 REFUND 06-10 67 0.00 20.00 REFUND 06-10 338 0.00 25 00 REFUND 06-10 339 0.00 60 00 REFUND 06-10 202 0.00 20 00 REFUND 06-10 54 0.0D 5 00 REFUND 06-10 255 0.00 30 00 REFUND 06-10 55 0 00 10 00 REFUND 06-10 198 0.00 30 00 REFUND 06-10 219 0.00 5 00 REFUND 06-10 222 0.00 _0 00 REFUND 06-10 81 0 00 30.00 REFUND 06-10 199 0.00 20.00 REFUND 06-10 301 0.00 10.00 REFUND 06-10 52 0.00 30.00 REFUND 06-10 50 0.00 30.00 REFUND 06 10 237 0.00 88.00 REFUND 06-10 217 0.00 30.00 REFUND 06 10 26 0.00 30.00 REFUND 07 10 174 0.00 30.00 RUN DATE 07/09/2010 TIME 07.59:34 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGARD PENTAMATION INC - FUND ACCOUNTING DATE. 07/09/10 TIME: 07:59:30 SELECTION CRITERIA: payable.duedate="07/39/2010" FUND 100 - GENERAL FUND ORGANIZATION ACCOUNT TITLE 100 100 100 100 100 100 100 100 100 100 100 830100 830100 830100 830100 830100 830400 830700 840100 850101 850101 850103 VEHICLE LICENSES VEHICLE LICENSES VEHICLE LICENSES VEHICLE LICENSES VEHICLE LICENSES PET LICENSES OCCASIONAL SALE BUILDING PERMITS ORD FINES:DIRECT ORD FINES:DIRECT COMPLIANCE TICKE CITY OF DES PLAINES CASH REQUIREMENTS BILL LIST 108629 108630 108635 108636 26004 108637 108627 108619 108614 108615 108638 VENDOR RONALD ZACHWIEJA CARL LIDD LEONARD THORNE UNITED SHOCK WAVE THE BILL MARTIN JEAN BRODIE KIM DOYLE ABC ROOFING & SIDING JASON RAYMOND ROSALIMA & THONGCHAI MARTIN NISTLER TOTAL GENERAL FUND 1211 970260 POSTAGE AND PARC 102028 KUSTOM SIGNALS INCORP TOTAL POLICE ADMINISTRATION 1212 1212 1212 1212 1212 1212 1212 920120 920204 920204 920204 920204 970900 970900 COMMUNICATION SE TRAINING TRAINING TRAINING TRAINING EQUIPMENT c$5,00 EQUIPMENT <$5,00 92510 108623 44056 44056 44056 105913 105913 NORTHERN ILLINOIS POL CALIBRE PRESS NORTH EAST MULTIREGIO NORTH EAST MULTIREGIO NORTH EAST MULTIREGIO GIESERLAB INCORPORATE GIESERLAB INCORPORATE TOTAL POLICE UNIFORMED PATROL 1213 970100 OFFICE SUPPLIES 100279 GARVEY'S OFFICE PLUS TOTAL POLICE CRIMINAL INVEST 1214 1214 1214 1214 1214 1214 1214 1214 1214 1214 1214 1214 1214 1214 1214 1214 1214 1234 930010 930010 930010 930010 960020 960990 960990 960990 960990 970100 970100 970100 970110 970115 970115 970 50 970190 970190 R & M EQUIPMENT R & M EQUIPMENT R & M EQUIPMENT R & M EQUIPMENT DISPOSITION OF A MISC CONTRACTUAL MISC CONTRACTUAL MISC CONTRACTUAL MISC CONTRACTUAL OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES MEALS (PRSNRS/WR SUPPLIES: DEPT/O SUPPLIES: DEPT/O COMMUNITY RELATI UNIFORMS/APPAREL UNIFORMS/APPAREL 05923 05937 09276 103587 98930 103484 108124 108124 108124 100279 100279 100279 101226 100279 102798 05529 11061 11061 NORTHWEST VOLTWAGON SARGE'S RANGE SERVICE FREDRIKSEN FIRE EQUIP EASTMAN KODAK COMPANY A B C HUMANE WILDLIFE AFTERMATH INCORPORATE SHRED -IT SHRED -IT SHRED -IT GARVEY'S OFFICE PLUS GARVEY'S OFFICE PLUS GARVEY'S OFFICE PLUS DES PLAINES ENTERPRIS GARVEY'S OFFICE PLUS HINCKLEY SPRING WATER PROFORMA M T S SAFETY PRODUCTS M T S SAFETY PRODUCTS PAGE NUMBER: 3 ACCTPAYI ACCOUNTING PERIOD: 7/10 PURCHASE OR INVOICE RECNO SALES TAX REFUND 06-10 223 REFUND 07-10 48 REFUND 07-10 163 REFUND 07-1D 230 REFUND 06-10 305 REFUND 06 10 122 REFUND 06-10 80 REFUND 06-10 329 REFUND 06-10 203 REFUND 06-10 324 REFUND 06-10 262 418730 7302 57749 134635 134646 134691 4000A 4000 147743 AMOUNT 0.00 30.00 0.00 30.00 0.00 39.00 0.00 88.00 0.00 30.00 0.00 3.00 0.00 6.00 0.00 35.00 0.00 67.40 0.00 25.00 0.00 40.00 0.00 1379.40 53 0 00 11.00 O 00 11.00 254 0.00 122.10 326 0.00 215.00 259 0 00 50.00 258 0.00 75.00 253 0 00 350.00 13 0.00 2400.00 11 0.00 2400.00 0.00 5612.10 105 0.00 426.88 0.00 426.88 92143 250 SRS -172 173 125110 316 266I72722 308 109795 330 JC09-417 335 21362790 169 21362792 170 21362791 67 145763 74 146896 75 144701 65 MAY 2010 311 143081 66 0610 3644384 4 /18001610 218 2873701 27 2911000 251 O 00 57.00 0.00 270.00 0.00 224.25 0.00 529.00 0.00 85 00 O 00 95.00 0.00 60.00 O 00 60.00 0.0' 60.00 0.00 27 17 0.00 19.99 0.00 22.99 0.00 582.65 0.00 185 31 0.00 38.04 0.00 816.34 0.00 330.72 0.00 1217.66 RUN DATE 07/09/2010 TIME 07:59:34 SUNGARD PENTAMATION INC FUND ACCOUNTING SUNGARD PENTAMATION INC - FUND ACCOUNTING DATE: 07/09/10 TIME: 07:59:30 CITY OF DES PLAINES CASH REQUIREMENTS BILL LIST PAGE NUMBER: 4 ACCTPAY1 ACCOUNTING PERIOD: 7/10 SELECTION CRITERIA: payable.due_date="07/19/2010" FUND - 100 - GENERAL FUND ORGANIZATION ACCOUNT TITLE -- -- -VENDOR -- -- PURCHASE OR INVOICE RECNO SALES TAX AMOUNT 1214 970190 UNIFORMS/APPAREL 19300 RAY O'HERRON CO INC 0 23660 201 0.00 197.25 1214 970270 PRINTING-REPROD 09705 COPYSET CENTER 31465 321 0.00 1733.00 TOTAL. POLICE SUPPORT SERVICES 0.00 6611.37 1222 920120 COMMUNICATION SE 106781 U S A MOBILITY WIRELE T6318935F 239 0.00 836.56 1222 920204 TRAINING 107727 FIRE TRAINING RESOURC 2010-1-0066 113 0.00 85.00 1222 920204 TRAINING 107727 FIRE TRAINING RESOURC 2010-1-0042 112 0.00 85.00 1222 930010 R & M EQUIPMENT 02840 SAFETY-KLEEN CORPORAT 51105961 177 0.00 224.16 1222 930010 R & M EQUIPMENT 02840 SAFETY-KLEEN CORPORAT 51098973 176 0.00 224.16 1222 930010 R & M EQUIPMENT 103054 BREATHING AIR SYSTEMS 1011099 123 0.00 491.35 1222 930010 R & M EQUIPMENT 107285 SENSIT TECHNOLOGIES 145259 179 0.00 253.56 1222 930010 R & M EQUIPMENT 57716 K 'N' S UPHOLSTERY 18561 143 0.00 44.00 1222 930010 R & M EQUIPMENT 57716 K 'N' S UPHOLSTERY 18570 142 0.00 32.00 1222 960040 EMPLOYEE PHYSICA 106122 ALEXIAN BROTHERS CORP 367777 140 0 00 309.00 1222 960040 EMPLOYEE PHYSICA 106122 ALEXIAN BROTHERS CORP 368477 135 0.00 1033 00 1222 970100 OFFICE SUPPLIES 04102 SAM'S CLUB DIRECT 0532 178 0.00 169 20 1222 970115 SUPPLIES: DEPT/0 04086 WELDING INDUSTRIAL SU 1098218 229 0.00 94 68 1222 970115 SUPPLIES: DEPT/0 103165 BARSON CHEMICAL COMPA 58258 125 0.00 1005.00 1222 970115 SUPPLIES: DEPT/0 105387 HENRY SCHEIN INCORPOR 2814426-01 137 0.00 1346.00 1222 970115 SUPPLIES: DEPT/0 105387 HENRY SCHEIN INCORPOR 14592014 152 0.00 -649.00 1222 970115 SUPPLIES: DEPT/0 105387 HENRY SCHEIN INCORPOR 7095502-01 150 0.00 643.05 1222 970115 SUPPLIES: DEPT/0 108462 CALIFORNIA CONTRACTOR 73418 103 0.00 149.85 1222 970115 SUPPLIES: DEPT/0 108634 IMPACT INSTRUMENTATIO 98017 145 0 00 300.65 1222 970260 POSTAGE AND PARC 103596 THE U P S STORE 06 18-10 235 0.00 153.62 TOTAL FIRE EMERGENCY SERVICES 0 00 6830.84 1223 920120 COMMUNICATION SE 106781 U S A MOBILITY WIRELE T6318935F 238 0 00 26.20 1223 970100 OFFICE SUPPLIES 08520 WAREHOUSE DIRECT 719012-0 227 0.00 69.72 TOTAL FIRE PREVENTION SERVICES 0.00 95 92 1224 960990 MISC CONTRACTUAL 108140 BRUCE AHLMANN 105 131 0.00 625 00 1224 970190 UNIFORMS/APPAREL 19300 RAY O'HERRON CO INC 0 23999 21 0.00 352.80 TOTAL EMA 0 00 977 80 1811 970115 SUPPLIES: DEPT/0 09638 OFFICE DEPOT 523365784001 293 0.00 81 96 TOTAL ENGINEERING/GENERAL 0 00 81 96 1820 970100 OFFICE SUPPLIES 09638 OFFICE DEPOT 52195816700 194 0 00 14.61 1820 970100 OFFICE SUPPLIES 09638 OFFICE DEPOT 523590492001 9 0 00 .06 08 1820 970100 OFFICE SUPPLIES 09638 OFFICE DEPOT 523305263001 189 0 00 13 01 1820 970100 OFFICE SUPPLIES 09638 OFFICE DEPOT 52331368600: I92 0 00 '.6 92 TOTAL BLDG & CODE ENFORCEMENT 0.00 150.62 1830 920230 PUBLICATION OF N 01597 JOURNAL AND TOP•CS NE 135672 56 0.00 121 21 RUN DATE 07/09/2010 PIME 07:59:34 SUNOARD PENTAMATION INC FUND ACCOUNTING SUNGARD PENTAMATION INC - FUND ACCOUNTING DA'. F.: 07/09/10 TIME: 07:59:30 SELECTION CRITERIA: payable.due_date="07/19/2010" FUND - 100 - GENERAL FUND ORGANIZATION ACCOUNT TITLE CITY OF DES PLAINES CASH REQUIREMENTS BILL LIST VENDOR 1830 920230 PUBLICATION OF N 107767 PADDOCK PUBLICATIONS 1830 970100 OFFICE SUPPLIES 09638 OFFICE DEPOT TOTAL PLANNING & ZONING 2451 930020 2451 930020 2451 930020 2451 930020 2451 930020 2451 930020 2451 930020 2451 960130 2451 960990 2451 960990 2451 960990 2451 960990 2451 960990 2451 960990 2451 960990 2451 970160 2451 970167 2451 970170 2451 970240 2451 970240 2451 970250 2451 970250 2451 970250 2451 970250 2451 970250 2451 970250 2451 970250 2451 970310 2451 970320 2451 970320 2451 970320 TOTAL STREET/GROUNDS MAINT 2453 2453 2453 2453 2453 2453 2453 930030 930230 930230 930230 960990 970160 970310 970310 970310 970:.0 970310 R & M SLOGS R & M BLDGS R & M BLDGS R & M BLDGS R & M BLDGS R & M BLDGS R & M BLDGS TREE MISC MISC MISC MISC MISC MISC MISC ST ST ST ST ST ST ST MAINTENANCE CONTRACTUAL CONTRACTUAL CONTRACTUAL CONTRACTUAL CONTRACTUAL CONTRACTUAL CONTRACTUAL TOOLS AND HARDWA SAFETY EQUIPMENT JANITORIAL STREET AND TRAFF STREET AND TRAFF SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: STREET STREET STREET STREET STREET STREET STREET EQUIP BLDG R BLDG R BLDG R R & M VEHICLES RENTAL OF UNIFOR RENTAL OF UNIFOR RENTAL OF UNIFOR MISC CONTRACTUAL TOOLS AND HARDWA SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: EQUIP EQUIP EQUIP EQUIP EQUIP 02946 02989 02989 02989 107678 107678 14348 02072 101864 107969 107969 107969 107969 107969 107969 08636 04338 104328 05337 05337 83923 83923 83923 83923 83923 83923 83923 100268 00189 00189 02804 09336 107969 107969 107969 06311 102128 104287 105649 105649 107772 12912 LORCHEM TECHNOLOGIES BEDCO INC BEDCO INC BEDCO INC COLLEY ELEVATOR COMPA COLLEY ELEVATOR COMPA PRO -LINE DOOR SYSTEMS ROBERT W HENDRICKSEN WHITE WAY SIGN & MAIN CINTAS CINTAS CINTAS CINTAS CINTAS CINTAS #22 #22 #22 #22 #22 #22 ACE DES PLAINES INCOR PROSAFETY CASE LOTS INCORPORATE SIGN A SIGN A ORANGE ORANGE ORANGE ORANGE ORANGE ORANGE ORANGE RAMA, USA RAMA, USA CRUSH CRUSH CRUSH CRUSH CRUSH CRUSH CRUSH THOMPSON RENTAL STATI ANDERSON LACK CO LTD ANDERSON LOCK CO LTD STATE INDUSTRIAL PROD PIRTEK O'HARE CINTAS #22 CINTAS #22 CINTAS #22 PRAXAIR/GAS TECH JOHN DAHLGREN TENNANT SALES & SERVI LEE AUTO PARTS LEE A TO PARTS N A P A OF DES PLAINE ILLINOIS TOOL SERVICE PAGE NUMBER: 5 ACCTPAY1 ACCOUNTING PERIOD: 7/10 PURCHASE OR INVOICE RECNO SALES TAX AMOUNT T4217432 210 0.00 35.10 523139829001 193 0.00 9.31 0.00 165.62 44118 89 0.00 1994 59 16176 25 0.00 228.70 16195 27 0.00 2021.60 16196 24 0.00 380.00 98213 15 0.00 257.50 98214 78 0.00 381.10 58987 273 0.00 247.10 201D 130 209 0.00 19219.50 CD2008044625 231 0.00 66.23 22844446 23 0.00 63.38 22847682 14 0.00 -52.50 22837961 19 0.00 87.38 22837961 20 0.00 63.38 22847682 21 0.00 -72.66 22B44446 34 0.00 87.38 218168 63 0.00 14.46 2-665200 277 0.00 57.60 024253 17 0.00 388.20 25907 184 0.00 373.16 26015 183 0.00 77.00 378456 268 0.00 176.97 377450 276 0.00 217.77 378273 299 0.00 347.82 377847 297 0.00 214.20 377723 295 0.00 77.01 377976 300 0.00 435 54 377583 301 0.00 445.23 449134 164 0 00 59.31 0617546 62 0.00 38 00 0615750 331 0.00 14.97 94668904 186 0.00 423 07 0 00 28332.99 51399684.001 286 0.00 808 92 22847682 29 0 00 47 00 22837961 18 0 00 48.00 22844446 22 0 00 48 00 36845693 287 0.00 367 82 REIMS 06 10 119 0 00 400 00 900791111 165 0.00 62.95 472474 45 0 00 13.81 472515 44 0 00 4.79 347678 257 0 00 40.25 48097 49 0.00 205.00 RUN DATE 07/09/2010 TIME 07:59.35 SUNGARD PENTAMATION INC FUND ACCOUNTING SUNGARD PENTAMATION INC DATE. 07/09/10 TIME: 07:59:30 FUND ACCOUNTING SELECTION CRITERIA: payable.due date="07/19/2010" FUND 100 GENERAL FUND ORGANIZATION ACCOUNT TITLE 2453 970330 2453 970330 2453 970330 2453 970330 2453 970330 2453 970330 2453 970330 2453 970330 2453 970330 2453 970330 2453 970330 2453 970330 2453 970330 2453 970330 2453 970330 2453 970330 2453 970330 2453 970330 2453 970330 2453 970330 2453 970330 2453 970330 2453 970330 2453 970330 2453 970330 2453 970330 2453 970330 2453 970330 2453 970330 2453 970840 2453 970850 CITY OF DES PLAINES CASH REQUIREMENTS BILL LIST SUPPLIES: VEHICL 06198 SUPPLIES: VEHICL 08778 SUPPLIES: VEHICL 100929 SUPPLIES: VEHICL 100929 SUPPLIES: VEHICL 100929 SUPPLIES: VEHICL 100929 SUPPLIES: VEHICL 100929 SUPPLIES: VEHICL 100929 SUPPLIES: VEHICL 105649 SUPPLIES: VEHICL 105649 SUPPLIES: VEHICL 105649 SUPPLIES: VEHICL 105649 SUPPLIES: VEHICL 105649 SUPPLIES: VEHICL 105649 SUPPLIES: VEHICL 105649 SUPPLIES: VEHICL 105649 SUPPLIES: VEHICL 105649 SUPPLIES: VEHICL 105649 SUPPLIES: VEHICL 105649 SUPPLIES: VEHICL 105649 SUPPLIES: VEHICL 105649 SUPPLIES: VEHICL 105649 SUPPLIES: VEHICL 105649 SUPPLIES: VEHICL 105649 SUPPLIES• VEHICL 105824 SUPPLIES: VEHICL 106667 SUPPLIES: VEHICL 107709 SUPPLIES: VEHICL 25335 SUPPLIES: VEHICL 56360 DIESEL 107795 GASOLINE 107795 TOTAL VEHICLE MAINTENANCE DIV 2454 2454 2454 2454 2454 2454 2454 920155 960990 960990 970100 970100 970100 970620 TOTAL PUBLIC WORKS ADMIN TOTAL FUND UTILITY BILLING MISC CONTRACTUAL MISC CONTRACTUAL OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES SUBSCRIPTIONS 6 08770 108550 14491 096 8 108231 08231 86 2 VENDOR WHOLESALE DIRECT, INC HAVEY COMMUNICATIONS GOLF MILL GOLF MILL GOLF MILL GOLF MILL GOLF MILL GOLF MILL LEE LEE LEE LEE LEE LEE LEE LEE LEE LEE LEE LEE LEE LEE LEE LEE AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO AUTO FORD FORD FORD FORD FORD FORD PARTS PARTS PARTS PARTS PARTS PARTS PARTS PARTS PARTS PARTS PARTS PARTS PARTS PARTS PARTS PARTS ASHLAND INCORPORATED RUNNION EQUIPMENT COM AUTOZONE HOSKINS CHEVROLET INC MORTON GROVE AUTO WES AL WARREN OIL COMPANY AL WARREN OIL COMPANY THIRD MILLENNIUM ASSO LEPRECAN PORTABLE RES LAMP RECYCLERS OFFICE DEPOT LOGSDON OFFICE SUPPLY LOGSDON OFFICE SUPPLY APWA PAGE NUMBER: 6 ACCTPAY1 ACCOUNTING PERIOD: 7/10 PURCHASE OR INVOICE RECNO SALES TAX AMOUNT 178831 233 0.0D 19.44 1568 37 0.00 238.90 265931P 72 0.00 297.42 266003P 68 0.00 187.35 266126P 70 0.00 15.92 CM266003P 8 0.00 -35.00 266127P 10 0.00 103.01 266164P 12 0.00 25.34 473374 42 0.00 81.08 473463 41 0.00 13.37 473575 46 0.00 283.99 473858 99 0.00 148.83 474010 98 0 00 49.99 473825 100 0.00 4.99 474697 91 0.00 27 76 477312 94 0.00 75.19 475457 95 0.00 115.16 476438 92 0.00 11.98 475980 88 0.00 10.42 473648 91 0.00 123.68 476272 90 0.00 110.58 477225 93 0.00 83.18 475253 96 0.00 83.18 475546 87 0.00 87.89 93501707 6'. 0.00 785.00 112843 216 0.00 58.51 2571683901 71 0 00 36.42 400818 51 0.00 64.61 48268 248 0.00 225.00 I600465 36 D 00 8205.67 I601539 40 0 00 13864.01 0.00 27449.41 12674 161 0 00 563.65 06F00080 84 0 00 66.00 45854 47 0.00 1033.90 52328857300. 292 0 00 51.18 332685 83 0 00 42.42 332897 82 0.00 -22.93 710145 130 0 00 109.00 0 00 1843.22 0 00 100338.30 RUN DATE 07/09/2010 TIME 01.59:35 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGARD PENTAMATION INC - FUND ACCOUNTING SATE. 07/09/10 IME: 07:59:30 CITY OF DES PLAINES CASH REQUIREMENTS BILL LIST PAGE NUMBER: 7 ACCTPAY1 ACCOUNTING PERIOD: 7/10 SELECTION CRITERIA: payable.due_date="07/19/2010" FUND - 203 - MOTOR FUEL TAX FUND ORGANIZATION ACCOUNT TITLE- -- - VENDOR---- - --- PURCHASE OR INVOICE RECNO SALES TAX AMOUNT 203F 920110 PROFESSIONAL SER 107069 CHICAGO TESTING LABOR 10EG70502 322 0.00 916.00 203F 980300 IMPROVEMENTS 04633 ARROW ROAD CONSTRUCTI PYMT 5 FINAL 288 0.00 14722.24 TOTAL MOTOR FUEL TAX 0.00 15638.24 TOTAL FUND 0.00 15638.24 RUN DATE 07/09/2010 TIME 07:59.35 SUNGARD PENTAMATION INC FUND ACCOUNTING SUNGARD PENTAMATION INC DATE: 07/09/10 TIME: 07:59:30 FUND ACCOUNTING SELECTION CRITERIA: payable.due_date="07/19/2010" FUND - 204 - HUD:COM DEV BLOCK GRANT ORGANIZATION ACCOUNT 204F 204F 204F 204F 204F 920235 920480 920480 920480 920480 TITLE CITY OF DES PLAINES CASH REQUIREMENTS BILL LIST RECORDING FEES SUBSIDY:RESIDENT SUBSIDY:RESIDENT SUBSIDY:RESIDENT SUBSIDY:RESIDENT TOTAL HUD:COM DEV BLOCK GRANT TOTAL FUND 34881 100983 100983 100983 108644 PAGE NUMBER: 8 ACCTPAY1 ACCOUNTING PERIOD: 7/10 VENDOR---- - - PURCHASE OR INVOICE RECNO SALES TAX COOK COUNTY RECORDER THE LEAD INSPECTORS I THE LEAD INSPECTORS I THE LEAD INSPECTORS I WEISS BUILDING & DEVE 29005312010 325 4968 141 5089 160 4928 149 1393E WALNUT 234 0.00 0.00 0.00 0.00 0.00 0.00 0.00 RUN DATE 07/09/2010 TIME 07.59.35 SUNGARD PENTAMATION INC - FUND ACCOUNTING AMOUNT 76.00 275.00 275.00 275.00 20000.00 20901.00 20901.00 SUNGARD PENTAMATION INC - FUND ACCOUNTING DATE: 07/09/10 TIME: 07:59:30 SELECTION CRITERIA: payable.due_date.°07/19/2010" FUND - 205 T.I.F. 01 DOWNTOWN ORGANIZATION ACCOUNT --- TITLE 205F 960185 205F 960185 205F 960185 205F 960185 205F 970223 205F 970223 205E 970223 205F 970223 205F 970223 205F 970223 205F 970223 205F 970223 205F 970223 205F 970223 205F 970223 205F 970223 205F 970223 205F 970223 TOTAL T.I.F. 01 DOWNTOWN TOTAL FUND DOWNTOWN LANDSCA DOWNTOWN LANDSCA DOWNTOWN LANDSCA DOWNTOWN LANDSCA RESTORATION RESTORATION RESTORATION RESTORATION RESTORATION RESTORATION RESTORATION SUPP SUPP SUPP SUPP SUPP SUPP SUPP RESTORATION SUPP RESTORATION SUPP RESTORATION SUPP RESTORATION SUPP RESTORATION SUPP RESTORATION SUPP RESTORATION SUPP CITY OF DES PLAINES CASH REQUIREMENTS BILL LIST 106613 106613 106613 106613 02618 02618 02618 02618 02618 02618 02618 02618 02618 02618 02618 106560 17132 59843 VENDOR ROSBOROUGH PARTNERS ROSBOROUGH PARTNERS ROSBOROUGH PARTNERS ROSBOROUGH PARTNERS PESCHE'S PESCHE'S PESCHE'S PESCHE'S PESCHE'S PESCHE'S PESCHE'S PESCHE'S PESCHE'S PESCHE'S PESCHE'S INC INC INC INC INC INC INC INC INC INC INC I 1 I I LURVEY LANDSCAPE SUPP MENARDS SHERWIN WILLIAMS PAGE NUMBER: 9 ACCTPAY1 ACCOUNTING PERIOD: 7/10 PURCHASE OR INVOICE RECNO SALES TAX AMOUNT 58410 207 0.00 2495.00 58840 204 0 00 295.00 58839 205 0.00 375.00 58409 206 0.00 2495.00 14548 220 0.00 169.45 14549 228 0 00 112.80 14572 280 0.00 59.94 14633 281 0.00 163.78 14678 282 0.00 22.46 14674 283 0.00 164.94 14531 271 0.00 93.83 14532 270 0.00 126.40 14632 279 0.00 137.76 14673 284 0.00 84.99 14530 303 0.00 136.09 0626775 85 0.00 235.00 21120 241 0.00 24.36 1622-5 171 0.00 14.76 0.00 0.00 RUN DATE 07/09/2010 TIME 07!59:35 SUNGARD PENTAMATION INC FUND ACCOUNTING 7206.56 7206.56 SUNGARD PENTAMATION INC FUND ACCOUNTING DATE: 07/09/10 TIME. 07:59:30 SELECTION CRITERIA: payable.due date="07/19/2010" FUND 206 - EMERGENCY COMMUNICATIONS ORGANIZATION ACCOUNT 206F 206F 206F 206F 206F 206F 920110 920110 920110 930110 970100 970115 TITLE CITY OF DES PLAINES CASH REQUIREMENTS BILL LIST PROFESSIONAL SER PROFESSIONAL SER PROFESSIONAL SER R & M SOFTWARE OFFICE SUPPLIES SUPPLIES: DEPT/0 TOTAL EMERGENCY COMMUNICATIONS TOTAL FUND 02722 104629 15885 101545 09638 09638 PAGE NUMBER: 10 ACCTPAYI ACCOUNTING PERIOD: 7/10 VENDOR---- --- - PURCHASE OR INVOICE RECNO SALES TAX STEPHEN A LASER ASSOC EMERGENCY SERVICES CO JOHN REID & ASSOCIATE PRIORITY DISPATCH OFFICE DEPOT OFFICE DEPOT 2002448 188 10-1006 76 115025 146 57653 285 522003067001 290 521354329002 291 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 RUN DATE 07/09/2010 TIME 07:59:35 SUNGARD PENTAMATION INC - FUND ACCOUNTING AMOUNT 525.00 3574.21 400.00 405.00 156.27 137.67 5198.15 5198.15 SUNGARD PENTAMATION INC FUND ACCOUNTING DATE: 07/09/10 TIME. 07:59:30 CITY OF DES PLAINES CASH REQUIREMENTS BILL LIST PAGE NUMBER: 11 ACCTPAY1 ACCOUNTING PERIOD: 7/10 SELECTION CRITERIA: payable.due date="07/19/2010" FUND 208 DPPD SEIZED ASSETS FUND ORGANIZATION ACCOUNT TITLE - VENDOR ----------- PURCHASE OR INVOICE RECNO SALES TAX AMOUNT 208 910180 SEIZED, PENDING 109156 ILLINOIS STATE POLICE ISP 107515 60 0.00 219.00 TOTAL DPPD SEIZED ASSETS FUND 0.00 219.00 TOTAL FUND 0.00 219.00 RUN DATE 07/09/2010 TIME 07:59.35 SUNGARD PENTAMATION INC FUND ACCOUNTING SUNGARD PENTAMATION INC FUND ACCOUNTING DATE: 07/09/10 TIME: 07:59:30 CITY OF DES PLAINES CASH REQUIREMENTS BILL LIST PAGE NUMBER: 12 ACCTPAY1 ACCOUNTING PERIOD: 7/10 SELECTION CRITERIA: payable.due date="07/19/2010" FUND - 319 2001 GO RISK MANGMNT RGANIZATION ACCOUNT - - -TITLE VENDOR PURCHASE OR INVOICE RECNO SALES TAX AMOUNT 3 9F 990300 BANK/TRUST/AGENC 07107 AMALGAMATED BANK OF C 1851681001 133 0.00 60.00 TAI. 2001 GO RISK MANAGEMENT 0.00 60.00 0 AL FUND 0.00 60.00 RUN DATE 07/09/2010 TIME 07.59:35 SUNGARD PENTAMATION INC FUND ACCOUNTING SUNGARD PENTAMATION INC FUND ACCOUNTING DATE: 07/09/10 TIME. 07:59:30 SELECTION CRITERIA: payable.due date="07/19/2010" FUND - 414 - CAPITAL PROJECTS FUND ORGANIZATION ACCOUNT 414301 TOTAL 2001 BOND 414F 414F 414F 414F 414F 414F 434F TITLE 990300 BANK/TRUST/AGENC 07107 920155 960990 970904 970904 980300 980300 980300 TAL CAPITAL PROJECTS AL FUND UTILITY BILLING MISC CONTRACTUAL CAPITAL MAINTENA CAPITAL MAINTENA IMPROVEMENTS IMPROVEMENTS IMPROVEMENTS 08770 07508 04633 04633 107874 108314 108646 CITY OF DES PLAINES CASH REQUIREMENTS BILL LIST VENDOR AMALGAMATED BANK OF C THIRD MILLENNIUM ASSO ILLINOIS STATE TOLL H ARROW ROAD CONSTRUCTS ARROW ROAD CONSTRUCTI M Q CONSTRUCTION COMP KOVILIC CONSTRUCTION JOHN NERI CONSTRUCTIO PAGE NUMBER: 13 ACCTPAY1 ACCOUNTING PERIOD: 7/10 PURCHASE OR INVOICE RECNO SALES TAX AMOUNT 1851681001 134 0.00 350.00 0 00 350.00 12674 16B 0.00 225.45 1243 57 0.00 1000.00 22627MB 35 0.00 2573.68 22605MB 31 0.00 102.82 PYMT 6 FINAL 267 0.00 38164.89 PMT #3 FINAL 144 0.00 700.6D PAYMENT #1 148 0.00 136678.95 0 00 0.00 RUN DATE 07/09/2010 TIME 07.59:35 SUNGARD PENTAMATION INC FUND ACCOUNTING 179446 39 179796.39 SUNGARD PENTAMAT1ON INC DATE 07/09/10 IME. 07:59:30 FUND ACCOUNTING SELECTION CRITERIA: payable.due date="07/]9/2010" FUND 502 WATER/SEWER FUND ORGANIZATION ACCOUNT - - TITLE CITY OF DES PLAINES CASH REQUIREMENTS BILL LIST VENDOR 0655 920155 UTILITY BILLING 08770 THIRD MILLENNIUM ASSO 0655 960975 FINE/FEE COLLECT 100706 A R CONCEPTS INCORPOR TOTAL FISCAL SERVICES/WATER 5023 930480 5023 960980 5023 970167 5023 970223 5023 970310 5023 970330 5023 970340 5023 970340 5023 970340 5023 970340 5023 970340 5023 970340 5023 970340 5023 970340 5023 970340 5023 970340 5023 970340 5023 970340 5023 970340 5023 970340 5023 970340 5023 970340 5023 970340 5023 970340 5023 970840 5023 970850 TOTAL WATER SYSTEMS 5025 920410 5025 920410 5025 920410 5025 920410 5025 920410 5025 920410 5025 920415 5025 920415 5025 930060 5025 930060 5025 930060 5025 960990 5025 960990 5025 970310 5025 970330 5025 970840 DISPOSAL/DEBRIS WATER SAMPLE TES SAFETY EQUIPMENT RESTORATION SUPP SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: SUPPLIES: DIESEL GASOLINE EQUIP VEHICL PUMP/T PUMP/T PUMP/T PUMP/T PUMP/T PUMP/T PUMP/T PUMP/T PUMP/T PUMP/T PUMP/T PUMP/T PUMP/T PUMP/T PUMP/T PUMP/T PUMP/T PUMP/T SUBSIDY:FLOOD AS SUBSIDY:FLOOD AS SUBSIDY:FLOOD AS SUBSIDY:FLOOD AS SUBSIDY:FLOOD AS SUBSIDY:FLOOD AS SEWER LATERAL PR SEWER LATERAL PR R & M SEWERS & L R & M SEWERS & L R & M SEWERS & L MISC CONTRACTUAL MISC CONTRACTUAL SUPPLIES: EQUIP SUPPLIES: VEHIC:. DIESEL 108095 28442 04338 17132 05875 105649 01250 0125D 02125 02125 02125 02125 03507 03507 03507 04574 04574 105845 105845 108095 59843 59843 59843 59843 107795 107795 104246 107451 107863 108341 108640 10864] .06998 108639 06994 106821 33643 :08616 108616 09903 056-2 107795 RAVENSWOOD DISPOSAL S SUBURBAN LABORATORIES PROSAFETY MENARDS ATLAS BOBCAT INC. LEE AUTO PARTS GRAINGER GRAINGER MEYER MATERIAL COMPAN MEYER MATERIAL COMPAN MEYER MATERIAL COMPAN MEYER MATERIAL COMPAN ZIEBELL WATER SERVICE ZIEBELL WATER SERVICE ZIEBELL WATER SERVICE PRAIRIE MATERIAL SALE PRAIRIE MATERIAL SALE H D SUPPLY WATERWORKS H D SUPPLY WATERWORKS RAVENSWOOD DISPOSAL S SHERWIN WILLIAMS SHERWIN WILLIAMS SHERWIN WILLIAMS SHERWIN WILLIAMS AL WARREN OIL COMPANY AL WARREN OIL COMPANY SANDY ANTONOPOULOS DONNIE HARVEY KARYL MOSE BESS TINAGLIA MARY ANN MANIACEK PATRICIA BEDNAREK THOMAS J RYAN ANDREW HOLOVATY GATWOOD CRANE SERVICE FLOW -TECHNICS STEINER ELECTRIC COMP ILLINOIS EPA ILLINOIS EPA SEWER EQUIPMENT COMPA S ANDARD EQUIPMENT CO AL WARREN OIL COMPANY PAGE NUMBER: 14 ACCTPAYI ACCOUNTING PERIOD: 7/10 PURCHASE OR INVOICE RECNO SALES TAX 12674 162 0.00 MAY 2010 337 0.00 0.0D AMOUNT 1089.72 52.08 1141.80 210 256 0.00 3803.75 1780 172 0.00 322.00 2 667010 275 0.00 18.00 20831 245 0.00 31 96 B96869 69 0.00 52.98 472955 43 0.00 36 29 9272256943 73 0.00 63.08 9272564858 110 0.00 403.78 121824 247 0.00 321.00 120667 249 0.00 963.00 856892 246 0.00 17.00 869083 243 0 00 62.60 208817 226 0.00 219.43 208947 224 0.00 716.72 208921 225 0.00 336.56 94501189 272 0 00 696 00 94504521 274 0.00 580.00 1506121 157 0 00 1845 01 1508314 156 0.00 1645.59 210 208 0.00 6178.12 951-4 181 0.00 475.68 1348-2 182 0.00 256 80 1627-9 180 0.00 273.35 1444-9 181 0.00 17.47 I600465 33 0.00 1061.91 I601539 39 0 00 1369.28 0 00 21767.36 FRP10 108 '28 0 DO 2000.00 FRP10-094 106 0 00 1320.90 FRP10-110 302 0.00 1000.00 FRP10-111 166 0.00 322.50 FRP10-109 252 0.00 1702.50 FRP10-112 121 0.00 1291.50 SLP10.036 22] 0.00 93.00 SLP10-037 158 0.00 2000.00 327315 114 0.00 700.00 1117 118 0.00 631.90 S3247772 00 200 0.00 6209.12 ILM580026 59 0.00 5000.00 ILR400325 58 0.00 1000.00 105641 232 0.00 216.47 C57030 185 0.00 486.27 I600465 32 0.00 386.15 RUN DATE 07/09/2010 TIME 07:59:35 SUNGARD PENTAMATION INC FUND ACCOUNTING SUNGARD PENTAMATION INC - FUND ACCOUNTING DA': E 07/09/10 TIME: 07:59:30 SELECTION CRITERIA: payable.due_date="07/19/2010" FUND - 502 - WATER/SEWER FUND ORGANIZATION ACCOUNT TITLE 5025 970850 GASOLINE TOTAL SEWER SYSTEMS CITY OF DES PLAINES CASH REQUIREMENTS BILL LIST VENDOR 107795 AL WARREN OIL COMPANY PAGE NUMBER: 15 ACCTPAY1 ACCOUNTING PERIOD: 7/10 PURCHASE OR INVOICE RECNO SALES TAX AMOUNT I601539 38 0.00 1882.77 0.00 26243.08 5030 980300 IMPROVEMENTS 04633 ARROW ROAD CONSTRUCTI PYMT 5 FINAL 296 0.00 1361.79 5030 980300 IMPROVEMENTS 107874 M Q CONSTRUCTION COMP PYMT 6 FINAL 266 0.00 7043.b5 5030 980300 IMPROVEMENTS 108646 JOHN NERI CONSTRUCTIO PAYMENT 111 147 0.00 2255.22 TOTAL CIP - WATER/SEWER 0.00 10660.56 TOTAL FUND 0.00 59812.80 RUN DATE 01/09/2010 TIME 07.59:35 SUNGARD PENTAMAT ON INC FUND ACCOUNTING SUNGARD PENTAMATION INC FUND ACCOUNTING DATE: 07/09/10 TIME: 07:59:30 CITY OF DES PLAINES CASH REQUIREMENTS BILL LIST PAGE NUMBER: 16 ACCTPAY1 ACCOUNTING PERIOD: 7/10 SE.ECTION CRITERIA: payable.due_date="07/19/2010" FUND - 503 CITY OWNED PARKING FUND ORGANIZATION ACCOUNT TITLE --. --VENDOR PURCHASE OR INVOICE RECNO SALES TAX AMOUNT 5013 930050 R & M PARKING LO 107678 COLLEY ELEVATOR COMPA 98260 77 0.00 370.00 5013 930050 R & M PARKING LO 107678 COLLEY ELEVATOR COMPA 98207 79 0.00 190.55 5013 970350 SUPPLIES: PARKIN 17132 MENARDS 21077 242 0.00 15.21 TOTAL CITY OWNED PARKING OPS 0.00 575.76 503 880100 MUNICIPAL PARKIN 108642 GINA ROTHWEITER REFUND 06-10 213 0.00 21.00 TOTAL CITY OWNED PARKING FUND 0.00 21.00 TOTAL FUND 0.00 596.76 RUN DATE 07/09/2010 TIME 07:59.35 SUNGARD PENTAMATION INC FUND ACCOUNTING SUNOARD PENTAMATION INC FUND ACCOUNTING DA E. 07/09/10 TIME: 07:59:30 SELECTION CRITERIA: payable.due_date="07/19/2010" FUND - 604 - ESCROW FUND ORGANIZATION ACCOUNT TITLE 604 604 604 604 604 604 604 TOTAL ESCROW FUND TOTAL FUND 410040 410040 410040 410040 410050 410060 410060 REFUNDABLE BONDS REFUNDABLE BONDS REFUNDABLE BONDS REFUNDABLE BONDS POLICE ESCROW IT ENGINEERING: ADD ENGINEERING: ADD CITY OF DES PLAINES CASH REQUIREMENTS BILL LIST 108201 108645 108645 108645 08522 04633 107874 VENDOR PANATTONI CONSTRUCTIO N F DEMOLITION INC N F DEMOLITION INC N F DEMOLITION INC CHICAGO BADGE & TNSIG ARROW ROAD CONSTRUCTI M Q CONSTRUCTION COMP PAGE NUMBER: 17 ACCTPAY1 ACCOUNTING PERIOD: 7/10 PURCHASE OR INVOICE RECNO SALES TAX REFUND 07 10 278 REFUND 7-10A 261 REFUND 7-10B 260 REFUND 07 10 263 10325 323 PYMT 5 FINAL 294 PYMT 6 FINAL 265 AMOUNT 0.00 5000.00 0.00 5000.00 0.00 5000.00 O 00 5000.00 0.00 73.92 0.00 33.98 0.00 25.16 0.00 O 00 RUN DATE 07/09/2010 TIME 01:59:35 SUNGARD PENTAMATION INC FUND ACCOUNTING 20133.06 20133.06 SUNGARD PENTAMATION INC - FUND ACCOUNTING DATE: 07/09/10 TIME: 07:59:30 SELECTION CRITERIA: payable.due date="07/19/2010" FUND - 701 - RISK MANAGEMENT FUND ORGANIZATION ACCOUNT --- --TITLE 701F 701F 701F 701F 701F 701F 920115 920115 920115 920350 920350 920350 TOTAL RISK MANAGEMENT TOTAL FUND SUBSTANCE ABUSE SUBSTANCE ABUSE SUBSTANCE ABUSE WORKMENS COMPENS WORKMENS COMPENS WORKMENS COMPENS CITY OF DES PLAINES CASH REQUIREMENTS BILL LIST 106122 106122 106122 05050 05050 11803 VENDOR ALEXIAN BROTHERS CORP ALEXIAN BROTHERS CORP ALEXIAN BROTHERS CORP THOMAS RICHARD THOMAS RICHARD A M 0/ A H H C 12 PAGE NUMBER: 18 ACCTPAYI ACCOUNTING PERIOD: 7/10 PURCHASE OR INVOICE RECNO SALES TAX 367518 314 368843 334 369474 138 05/25-06/07 214 06/08.06/21 215 DOS 11-09-09 132 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 RUN DATE 07/09/2010 TIME 0/:59:35 SUNGARD PENTAMATION INC FUND ACCOUNTING AMOUNT 55.00 55.00 55.00 989.12 989.12 145.00 2288.24 2288.24 SUNGARD PENTAMATION INC - FUND ACCOUNTING DATE• 07/09/10 TIME: 07:59:30 SELECTION CRITERIA: payable.due_date="07/19/2010" FUND - 703 - I T REPLACEMENT FUND ORGANIZATION ACCOUNT - - TITLE-- - - 703F 703F 703F 703F 703F 970115 970115 980410 980410 980410 TOTAL. I T REPLACEMENT TOTAL FUND TOTAL REPORT SUPPLIES: DEPT/0 SUPPLIES: DEPT/0 COMPUTER HARDWAR COMPUTER HARDWAR COMPUTER HARDWAR 200294 200294 200294 200294 200294 CITY OF DES PLAINES CASH REQUIREMENTS BILL LIST VENDOR • DELL DELL DELL DELL DELL MARKETING MARKETING MARKETING MARKETING MARKETING LP LP LP LP LP PAGE NUMBER: 19 ACCTPAY1 ACCOUNTING PERIOD: 7/10 PURCHASE OR INVOICE RECNO SALES TAX XDWRKW447 XDWRB49W4 XDX283DD1 XDX2D4KK6 XDWKF9931 313 312 309 310 315 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 RUN DATE 07/09/2010 TIME 07:59:35 SUNGARD PENTAMATION INC FUND ACCOUNTING AMOUNT 216.69 443.81 2096.94 1269.66 164.99 4192 09 4192.09 416380.59 SUNGARD PENTAMATION INC DATE: 07/09/10 TIME: 09:30:37 FUND ACCOUNTING CITY OF DES PLAINES CHECK REGISTER - DISBURSEMENT FUND Manual Checks - Various Funds & Accounts '.SH ACCT CHECK NO .02005 02005 102005 :02005 102005 102005 102005 102005 102005 102005 102005 102005 102005 TOTAL CHECK 401623 401624 401625 401626 401626 401626 401626 401626 401626 401626 401626 401626 401626 102005 401627 102005 401628 102005 102005 102005 102005 102005 TOTAL CHECK 102005 102005 102005 102005 102005 102005 2005 102005 102005 102005 4016,0 401640 401640 401640 401640 401641 401642 401643 401644 401645 401646 401647 401648 401649 401650 ISSUE DT -• - 07/01/10 107152 07/01/10 00828 07/01/10 108624 07/01/10 07/01/10 07/01/1D 07/01/10 07/01/10 07/01/10 07/01/10 07/01/10 07/01/10 07/01/10 04102 04102 04102 04102 04102 04102 04102 04102 04102 04102 07/01/10 104712 07/01/10 105976 07/02/10 07/02/10 07/02/10 07/02/10 07/02/10 101888 101888 101888 101888 101888 07/02/10 104295 07/02/10 102970 VENDOR-- -- -- - ORGANIZATION NEOPOST LEASING PETTY CASH PORTABLE JOHN INC SAM'S SAM'S SAM'S SAM'S SAM'S SAM'S SAM'S SAM'S SAM'S SAM'S CLUB CLUB CLUB CLUB CLUB CLUB CLUB CLUB CLUB CLUB DIRECT DIRECT DIRECT DIRECT DIRECT DIRECT DIRECT DIRECT DIRECT DIRECT VERIZON WIRELESS WIDE OPEN WEST A A A A A T & T T & T T & T T & T T & T KEVIN CHEATOM COMCAST CABLE 0657 604 604 2451 1221 0635 0620 0632 206F 1214 1211 1222 0651 DESCRIPTION 1.808041015 7/10 - 8/9 JULY 4TH PARKING $ JULY 4TH PORTOPOTTIES 2010-11 2010 11 2010 11 2010 11 2010-11 2010 11 2010•11 2010-11 2010-11 2010-11 MEMBERSHIP MEMBERSHIP MEMBERSHIP MEMBERSHIP MEMBERSHIP MEMBERSHIP MEMBERSHIP MEMBERSHIP MEMBERSHIP MEMBERSHIP 0632 380469810 5/14 - 6/13 0632 206F 206F 206F 206F 206F 0634 206F 07/02/10 107335 DIRECT ENERGY BUSINESS L 2451 07/02/10 200116 CLOWNING AROUND ENTERTAI 604 07/02/10 108631 DON JACOBS BAND 07/02/10 100312 DIANE A HARDY 604 604 07/02/10 101622 NEW GENERATION FANCY DRI 604 07/02/10 100311 07/02/10 108624 PATCH 22 PORTABLE JOHN INC 07/02/10 108633 TEBALA SHRINE RUN DATE 07/09/10 TIME 09.30:38 604 604 604 8855 11 035 0091894 JUN 16 TO JUL 15 JUN 16 TO JUL 15 JUN 16 TO JUL 15 JUN 19 TO JUL 18 JUN 19 TO JUL 18 SETTLEMENT OF CLAIM 8771 10 071 0016740 05 18 10 TO 06 15 10 JULY 4TH PARADE JULY 4TH PARADE JULY 4TH PARADE JULY 4TH PARADE JULY 4TH PARADE JULY 4TH PARADE JULY 4TH PARADE Page 20 SALES TAX AMOUNT 0.00 370.92 0.00 400.00 0.00 1026.00 0.00 15.00 0.00 15 00 0.00 15.00 0.00 15.00 0.00 15.00 0.00 15.00 0.00 15.00 0.00 15.00 O 00 30.00 O 00 35.00 0.00 185.00 O 00 144.03 0.00 84.50 O 00 192 47 0.00 141.15 0.00 615.93 0.00 60.73 0.0D 79.94 O 00 1090.22 0.00 400.00 O 00 101.99 O 00 7671.83 O 00 690.00 O 00 350.00 0.00 475.00 0.00 1500.00 0.00 1200.00 0.00 1026 00 0.00 300 00 SUNGARD PENTAMATION INC FUND ACCOUN']NG SUNGARD PENTAMATION INC FUND ACCOUNTING )A. E: 07/09/10 IME: 09:30:37 CITY OF DES PLAINES CHECK REGISTER - DISBURSEMENT FUND Manual Checks - Various Funds & Accounts CASH ACCT CHECK NO ISSUE DT VENDOR Page 21 ORGANIZATION DESCRIPTION SALES TAX AMOUNT 102005 401651 07/02/10 102707 THOSE FUNNY LITTLE PEOPL 604 JULY 4TH PARADE 0 00 550.00 102005 401652 07/02/10 108632 WATERLOO GERMAN BAND 604 JULY 4TH PARADE 0.00 630.00 TOTAL CASH ACCOUNT 0.00 18195.99 TOTAL FUND 0 00 18195 49 TOTAL REPORT 0.00 18195.49 RUN DATE 07/09/10 TIME 09:30:38 SUNGARD PENTAMATION INC - FUND ACCOUNTING for Warrant Register July 19, 2010 Page 22 Amount Transfer Date Automated Accounts Payable $416,380.59 Manual Checks $18,195.49 ** Payroll Activity: Payroll $1,234,889.68 07-02-10 RHS Payments - Electronic Transfer $0.00 Electronic Transfer Activity: Bank of America Credit Card $0.00 Chicago Water Bill ACH $0.00 Postage Meter Direct Debits $0.00 IMRF Payments $164,197.70 07-08-10 MICA Payment $0.00 Property Taxes $0.00 Short Term Loan Payoff $0.00 Debt Service Payments $0.00 Employee Medical/Dental Trust $713,581.47 * 07-07-10 * Multiple transfers processed on or before date shown ** See attached report Total Cash Disbursements: $2,547,244.93 ADOPTED BY THE CITY COUNCIL OF DES PLAINES THIS NINETEENTH DAY OF JULY 2010 AYES NAYS ABSENT Gloria J. Ludwig - City Clerk Martin J. Moylan - Mayor "Tao •cisriN �°'� OFFICE OF THE MAYOR �� 11 City of Des Plaines DES PLAINEST 1420 Miner Street ILLINOIS Des Plaines, Illinois 60016 Telephone: 847/391-5301 Fax: 847/391-5378 Committee of the Whole Item #2a Martin J. Moylan DATE: July 13, 2010 TO: Honorable Aldermen FROM: Martin J. Moylan Mayor RE: JAK Miner, Inc.,d/b/a Miner Street Tavern, 1492 Miner Street, Class A - J Tavern Liquors Dealers License attached to Special 4 am Liquor License) - Change of Ownership ******************************************************************** Attached please find an application for a Class A J Tavern Liquor Dealers License and Special 4 am Liquor License, as well as the Articles of Incorporation and the signature pages of the lease for the property. The complete application is on file in the Mayor's office. Fees have been paid, required posting has been done, background check has been completed and owners are Alcohol Awareness certified. This will come before you under Committee of the Whole - Legal and Licensing at the July 19, 2010 City Council meeting. Martin J. Moylan Mayor Local Liquor License Control Commissioner cc: Jason Slowinski, Acting City Manager 11. Has any officer or director of applicant corporation, or any stockholders, owning in this aggregate more than five percent (5%) of the stock of such corporations, ever plead guilty, received supervision, plead nolo contendere (no contest) to any felony under any Federal, State, County or Municipal law or ordinance? iJ 0 If Yes, attach additional sheet identifying charge, date of finding, Court name and Branch and case docket number. 12. Has any officer or director of said corporation, or any stockholders owning in the aggregate more than five percent (5%) of the stock of such corporation, ever plead guilty to or been found guilty of a violation of any Federal, State, County or Municipal, liquor laws or ordinance. If so, give name of person so convicted, court, date of offense and the offense. N t) 13. Has any officer or director of said corporation, or any stockholders owning in the aggregate more than five percent (5%) of the stock of such corporation, ever plead guilty to or been found guilty under any Federal, State, County or Municipal law or ordinance of being the keeper of a house of ill fame; or of pandering or any other crime or misdemeanor opposed to decency or morality? ?JO If so, give name of person so convicted, stating date and the offense 14. Has the applicant corporation or any Officer, Manager, or Director of said corporation, or any stockholders owning in the aggregate more than five percent (5%) of the stock of such corporation, made application for a similar license for this period for any premises other than those described above? 1•10 If so, give name of applicant, location of premises, date and disposition of application 740 hit 15. Has any license previously issued by Federal, State, or local authorities to the applicant corporation or to any officer, manager, or director of said corporation, or any stockholder or stock holders owning in the aggregate more than five percent (5%) of the stock of such corporation, been revoked? lt) t) If so, give name of licensee and state reasons for and date of revocation 16. List any person identified in this application who is currently certified by any alcohol awareness training program: Attach copies of all certificates. Pit eX 6.'4" IA; KOu1i.), 14os-F-c , Gianai; kow.1►.s, Toket 6re%1.1 -1q Complete the supplementary Manager's form for each person identified above who has not previously answered these questions. (Attach Confidential Information Forms for Each) 17. I (We) acknowledge that any change in address, ownership or management must be immed'ately reported to the city and that the application must be updated and signed at that time. (Please initial) ACP, ff, AFFIDAVIT STATE OF ILLINOIS COUNTY OF COOK S.S. The undersigned swear (or affirm) that the corporation in whose name this application is made will not violate any of the ordinances of the City of Des Plaines or the laws of the State of Illinois or of the United States of America, in the conduct of the place of business described herein and that the statements contained in this application are true and correct to the best of our knowledge and belief. An Alcohol Awareness trained manager shall be on duty at all times when the business sells alcohol. I further understand and acknowledge that any false statements in this application may result in the denial of this application, or revocation of any liquor license issued pursuaryt.Lo this applicar n. Subscribed and sworn to before me This day of f"t flY 20 1 0 Notary Public Seal President Secretary Notary Public SUPPLEMENTARY MANAGERS FORM Will the business be conducted or supervised by a Manager or Agent? PD. If answer is "Yes," the following questions must be answered by such Agent or Manager: I. Name 2. Have you ever plead guilty to or been found guilty of any felony under the Criminal Code of Illinois? 3. Have you ever plead guilty to or been found guilty of any felony under any Federal, State, County or Municipal law ordinance of being the keeper of house of ill fame; or of pandering, or of other crime or misdemeanor opposed to decency and morality? If so, give dates and state the offense 4. Have you ever plead guilty to or been found guilty of a violation of any Federal, State, County or Municipal Liquor law or ordinance since If so, give dates and state the offense 5. Have you ever plead guilty, been found guilty, received supervision, plead nolo contendere (no contest) to any felony under any Federal, State, County or Municipal law ordinance? If Yes, attach additional sheet identifying charge, date of finding, Court name and Branch and case docket number. 6. Has any license previously issued to you by State, Federal or local authorities been revoked? If so, state reasons therefore and date of revocation 7. Attach a copy of the current Alcohol Awareness Certification. 8. Attach Confidential Information Form I swear (or affirm) that I will not violate any of the ordinances of the City of Des Plaines or the laws of the State of Illinois or the laws of the United States of America, in the conduct of the place of business described herein, and that the statements made by me herein are true and correct to the best of my knowledge and belief. Subscribed and sworn to before me this Manager Signature day of 20 Notary Public Notary Public Seal FORM BCA 2.10 ARTICLES OF INCORPORATION Business Corporation Act Filing Fee: $150 Franchise Tax: $ 25 Total: $175 File #• 66902889 Approved By: MJE FILED MAR 16 2009 Jesse White Secretary of State 1. Corporate Name: JAK MINER, INC. 2. Initial Registered Agent: NICKOLAS K. PRITTIS First Name Initial Registered Office: 1300 JEFFERSON ST STE 303 Number Street Middle Initial Last Name Suite No DES PLAINES IL 60016-7127 COOK City ZIP Code County 3. Purposes for which the Corporation is Organized: The transaction of any or all lawful businesses for which corporations may be incorporated under the Illinois Business Corporation Act. 4. Authorized Shares, Issued Shares and Consideration Received: Class COMMON Number of Shares Authorized 10000 Number of Shares Proposed to be Issued Consideration to be Received Therefor 1000 $ 1000 NAME & ADDRESS OF INCORPORATOR 5. The undersigned incorporator hereby declares, under penalties of perjury, that the statements made in the foregoing Articles of Incorporation are true. Dated MARCH 16 Month & Day JOHN GRAMMATIS 2009 512 E. HAVEN ST. Year Street ARLINGTON HEIGHTS IL 60005 Name City/Town State ZIP Code THIS DOCUMENT MUST BE RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY IN WHICH THE REGISTERED OFFICE OF THE CORPORATION IS LOCATED, AS PROVIDED BY SECTION 1.10 OF THE BUSINESS CORPORATION ACT OF THIS STATE FOR FURTHER INFORMATION CONTACT YOUR COUNTY RECORDER OF DEEDS OFFICE. This document was generated electronically at www.cyberdrivell,inois.com MEMORANDUM OF ACTION OF DIRECTORS OF JAK MINER, INC. I, the undersigned, being the sole Directors of JAK MINER, INC., an Illinois corporation, do hereby take the following actions, without formal meeting, pursuant to Section 8.45 of the Illinois Business Corporation Act of 1983: (1) ELECTION OF OFFICERS: The following person is elected to the office set opposite his name, to serve for the term provided in the Bylaws. ,41kGlcrrin,Ccsc.�/1 PRESIDENT VICE PRESIDENT kl35.45 (-;ian 1,l ia/& SECRETARY (2) The Directors hereby ratify and confirm the actions of the Officers since the last meeting of the Board. Dated this 16th day of March, 2010. KOSTAS - IANNIKOULIS 4,'. NI ALEX GIA KOULIS Jak Miner, Inc. -Lease LEASE ARTICLE 1. BASIC LEASE PROVISIONS AND EXHIBITS DATE: May 19, 2009 Section 1.1. Basic Lease Provisions LANDLORD: TED AND PANAGIOTA VLAHOPOULOS ADDRESS OF LANDLORD: 234 Waukegan Road, Glenview, IL 60025 TENANT: JAK MINER, Inc., an Illinois Corporation ADDRESS OF TENANT: 1492 Minor Street, Des Plaines, IL 60016 TENANT'S TRADE NAME: TDB by Tenant, Miner Street Tavern LEASED PREMISES: 1492 Minor Street, Des Plaines, IL 60016 in the county of Cook (and all Equipment, Furniture, and Fixtures in premises.) ORIGINAL LEASE TERM: TEN (10) YEARS RENEWAL OR OPTION TERMS: TWO (2) FIVE (5) YEAR OPTIONS NOTICE FROM TENANT TO EXERCISE OPTION: 90 DAYS written notice to Landlord LEASE COMMENCEMENT DATE: June 1st, 2009 RENT COMMENCEMENT DATE: July 1st, 2009 LEASE TERMINATION DATE: June 30`h, 2019 DATE FOR COMPLETION OF LANDLORD'S WORK: Does not apply ANTICIPATED DATE FOR COMPLETION OF TENANT'S WORK: Does not apply FIXED BASE RENT: see rent schedule attached as Exhibit B. 1 Jak Miner, Inc. -Lease IN WITNESS WHEREOF, the Landlord and Tenant have caused this Lease to be signed, as of the Execution Date: A s 1 y ! r1 , 2009. Witnesses as to Landlord: Landlord: Witnesses as to Tenant: Tenant: JAK MINER, Inc. fi`7 , r -.)-\.By: ___.-- / • Kostas ...- Kostas iannikoulis-President // By; ` i f l John Grammatis=Sedretary 25 By: 77 / i(/ Ted Vlahopoulos By: 441 'v� anagiota Vlahopfos Jak Miner, Inc. -Lease EXHIBIT B RENT SCHEDULE Lease Year Annual Fixed Rent Monthly Fixed Rent 1 $36,000.00 $3,000.00 2 $36,000.00 $3,000.00 3 $36,000.00 $3,000.00 For Years 4 to 10 Three (3%) annual increase per year. 26 Jak Miner, Inc. -Lease EXHIBIT C —TENANT'S WORK Any additional work required by Tenant in order to build out store will be at Tenant's expense and shall be approved by Landlord on a case by case basis. END OF EXHIBIT C 27