20200518 Council PacketMonday, May 18, 2020 Regular Session – 7:00 p.m.
As the City of Des Plaines continues to follow social distancing requirements and Governor Pritzker’s
Stay-at-Home Order, the City Council Meeting on Monday, May 18, 2020 will be held virtually
beginning at 7:00 p.m.
The meeting will be live-streamed via: http://desplaines.org/accessdesplaines and played on DPTV
Channel 17.
Public comments should be e-mailed to publiccomments@desplaines.org. Public comments
received by 5 p.m., Monday, May 18, 2020 will be distributed to City Council members prior to the
Council meeting. Public comment is limited to 200 words or less. Public comments should be e-
mailed and contain the following information:
In the subject line, identify “City Council Meeting Public Comment”
Name
Address (optional)
City
Phone (optional)
Organization, agency representing, if applicable
Topic or agenda item number of interest
All e-mails received will be acknowledged. Individuals with no access to e-mail may leave a message
with the City Clerk’s Office at 847-391-5311.
The City of Des Plaines remains united in ensuring the safety and health of our community and our
employees. To protect the public and staff, the City will continue to provide only essential functions
and services during the Governor’s Stay-at-Home Order. The City urges residents and businesses
to comply with the Order. If residents must leave their home, it is very important to practice social
distancing and keep at least six feet between others. For a list of services and additional information
during this time, please visit www.desplaines.org. The City encourages individuals to sign up for its
e-news for important information from the City and its government partners, including State and
Federal authorities. The City updates its website and posts on social media daily. To sign up for
electronic newsletters, please visit https://www.desplaines.org/mycity/.
Monday, May 18, 2020
Regular Session – 7:00 p.m.
Via Zoom Video Conference
publiccomments@desplaines.org
CALL TO ORDER
REGULAR SESSION
ROLL CALL
PRAYER
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT – publiccomments@desplaines.org
ALDERMEN ANNOUNCEMENTS/COMMENTS
MAYORAL ANNOUNCEMENTS/COMMENTS
Motion to Extend Declaration of Civil Emergency
CITY CLERK ANNOUNCEMENTS/COMMENTS
MANAGER’S REPORT
CITY ATTORNEY/GENERAL COUNSEL REPORT
|
CONSENT AGENDA
1. SECOND READING – ORDINANCE M-9-20: Approving a New Class L Liquor License for Uncork
Unwind, LLC, 1440 Miner Street
2. RESOLUTION R-95-20: Approving an Agreement with the Illinois Department of Transportation for the
Ballard Road Over Farmer’s Creek Culvert Improvement. Budgeted Funds – Capital Projects.
3. RESOLUTION R-96-20: Approving a First Amendment to the Lease Agreement Dated August 31, 2014
with SBC Tower Holdings, LLC for the Monopole Structure and Associated Wireless Antennas at 1099/1111
Joseph Schwab Road
4. RESOLUTION R-97-20: Waiving Bidding Requirements and Approving the Barracuda 995 Backup Server
Three-Year Maintenance Agreement with SpeedLink, New Port Richey, FL, in the Not-to-Exceed Amount of
$179,460. Budgeted Funds – IT/R&M Equipment.
5. RESOLUTION R-98-20: Approving the 2020-2021 Annual Membership Renewal to the Northwest
Municipal Conference (NWMC) in the Amount of $25,528.00. Budgeted Funds – Elected Office.
6. RESOLUTION R-100-20: Approving a Renewal Agreement for Water Supply with Illinois American Water
7. Minutes/Regular Meeting – May 4, 2020
UNFINISHED BUSINESS
n/a
NEW BUSINESS
1. FINANCE & ADMINISTRATION – Alderman Malcolm Chester, Chair
a. Warrant Register in the Amount of $3,645,366.61 – RESOLUTION R-99-20
OTHER MAYOR/ALDERMEN COMMENTS FOR THE GOOD OF THE ORDER
CLOSED SESSION
PERSONNEL – SPECIFIC EMPLOYEES
COLLECTIVE BARGAINING
ADJOURNMENT
City of Des Plaines, in compliance with the Americans With Disabilities Act, requests that persons with disabilities, who req uire
certain accommodations to allow them to observe and/or participate in the meeting(s) or have questions about the accessibilit y of the
meeting(s) or facilities, contact the ADA Coordinator at 391 -5486 to allow the City to make reasonable accommodations for these
persons.
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5301
desplaines.org
Date: April 14, 2020
To: Honorable Aldermen
From: Matthew J. Bogusz, Local Liquor Commissioner
Cc: Vickie Baumann, Secretary/Licensing Division
Subject: Liquor License Request for an Increase in Liquor License Classification
Attached please find a Liquor License request for the following applicant:
Uncork Unwind LLC
1440 Miner St
Class L – Wine only / for on-site and off-site consumption
-New Increase from 0 to 1
The complete application packet is on file in the Community and Economic Development Department. The
required posting will be completed May 4, 2020 and all necessary fees have been secured.
This request will come before you on the Consent Agenda of the City Council meeting of Monday,
May 4, 2020.
Matthew J. Bogusz
Mayor
Local Liquor Commissioner
Attachments: Ordinance M-9-20
Application Packet
Page 1 of 8
CONSENT AGENDA #1.
[Deleted text is struck through; inserted text is bold and double underlined.]
1
CITY OF DES PLAINES
ORDINANCE M - 9 - 20
AN ORDINANCE AMENDING THE CITY CODE TO ADD
ONE CLASS “L” LIQUOR LICENSE.
WHEREAS, Uncork Unwind, LLC, ("Applicant") submitted an application to the
Department of Community and Economic Development for a Class L liquor license for the
premises commonly known as 1440 Miner Street, Des Plaines, Illinois ("Premises"), pursuant to
Chapter 4 of Title 4 of the Des Plaines City Code ("City Code"); and
WHEREAS, the City desires to issue one Class L liquor license to the Applicant for the
Premises; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
grant the Applicant a Class L liquor license for the Premises;
NOW, THEREFORE, 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: RECITALS. The foregoing recitals are incorporated into, and made a part
of, this Ordinance as the findings of the City Council.
SECTION 2: APPROVAL OF LIQUOR LICENSE. The City Council hereby grants
the Applicant a Class L Liquor License for the Premises.
SECTION 3: FEE SCHEDULE. Section 1, titled “Fee Schedule,” of Chapter 18, titled
"Schedule of Fees," of Title 4, titled “Business Regulations,” of the City Code is hereby amended
further to read as follows:
4-18-1: FEE SCHEDULE:
Section Fee Description Number Term Fee
New
* * *
Chapter 4 Liquor Control
4-4-5A License Fees and Number:
Class Number Term Initial Fee Annual Fee
* * *
Class L 0 1 Annual $2,860.00 $1,430.00
* * *
Page 2 of 8
[Deleted text is struck through; inserted text is bold and double underlined.]
2
SECTION 4: SEVERABILITY. 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 Ordinance.
SECTION 5: EFFECTIVE DATE. 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 ____________, 2020.
APPROVED this _____ day of ____________, 2020.
VOTE: AYES _____ NAYS _____ ABSENT ______
MAYOR
ATTEST:
CITY CLERK
Published in pamphlet form this Approved as to form:
______ day of ________________, 2020.
CITY CLERK Peter M. Friedman, General Counsel
DP-Ordinance Add One Class L Liquor License for Uncork Unwind 1440 Miner St
Page 3 of 8
Page 4 of 8Attachment 1
Page 5 of 8Attachment 1
Page 6 of 8Attachment 1
Page 7 of 8Attachment 1
Page 8 of 8Attachment 1
PUBLIC WORKS AND
ENGINEERING DEPARTMENT
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5390
desplaines.org
Date: April 28, 2020
To: Michael G. Bartholomew, MCP, LEED-AP, City Manager
From: Jon Duddles, P.E., CFM, Assistant Director of Public Works and Engineering
Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works & Engineering
Subject: Illinois Department of Transportation - Ballard Road Improvements Intergovernmental
Agreement
Issue: The Illinois Department of Transportation (IDOT) has prepared the attached agreement in connection
with their proposed improvement of Ballard Road over Farmer’s Creek and over unnamed ditch west of
Greenwood Avenue located in the City of Des Plaines and the Village of Niles.
Analysis: The general scope of work within Des Plaines consists of culvert removal and replacement,
drainage improvements to the existing drainage system east of I-294 to Farmer’s Creek, and restoration of the
existing drainage system west of I-294. Additional work includes roadway removal and replacement,
roadway resurfacing, pavement marking, and any collateral and incidental work necessary to complete the
project. This work requires the City to remove and relocate its existing watermain in the project location. The
City would be responsible for approximately $149,500 to relocate our water main and the associated
engineering costs.
On December 6, 2017, the City signed a letter of intent with the IDOT for the general project design and local
cost participation. The current intergovernmental agreement is based upon that letter of intent, and is
necessary for the improvement to proceed within IDOT’s FY 2020-2025 proposed Highway Improvement
Program which is subject to state funding.
Recommendation: We recommend approval of the Agreement with the Illinois Department of Transportation
for the Ballard Road over Farmer’s Creek - Culvert Improvement. Source of funding would be budgeted
Capital Projects Funds.
Attachments:
Resolution R-95-20
Exhibit A – Intergovernmental Agreement
MEMORANDUM
Page 1 of 12
CONSENT AGENDA #2.
{00114859.1} 1
CITY OF DES PLAINES
RESOLUTION R - 95 - 20
A RESOLUTION APPROVING AN AGREEMENT WITH
THE ILLINOIS DEPARTMENT OF TRANSPORTATION
FOR CULVERT AND DRAINAGE IMPROVEMENTS
ALONG BALLARD ROAD.
WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution and the Illinois
Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., authorize and encourage
intergovernmental cooperation; and
WHEREAS, the City of Des Plaines ("City") is an Illinois home-rule municipal
corporation pursuant to Article VII, Section 6 of the Illinois Constitution; and
WHEREAS, the Illinois Department of Transportation ("IDOT") plans to reconstruct and
improve Ballard Road over Farmer’s Creek and over an unnamed ditch west of Greenwood
Avenue located in the City of Des Plaines and the Village of Niles (collectively, "Project”); and
WHEREAS, as part of the Project, IDOT will remove and replace a culvert, make drainage
improvements to the existing drainage system east of I-294 to Farmer’s Creek, and restore the
existing drainage system west of I-294, which includes roadway removal and replacement,
roadway resurfacing, pavement marking, and any collateral and incidental work necessary to
complete the project; and
WHEREAS, in order to complete the Project, IDOT requested that the City enter into an
agreement in order to set forth the parties’ respective responsibilities and obligations regarding the
Project ("Agreement"); and
WHEREAS, pursuant to the Agreement, the City will pay to remove and relocate its
existing watermain in the project location, in the estimated amount of $149,500 ("City Share");
and
WHEREAS, the City will pay IDOT 80% of the estimated City Share upon the award of
the contract for the Project and will pay the remainder of the City Share upon the completion of
the Project based upon final costs; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into the Agreement with IDOT;
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: RECITALS. The foregoing recitals are incorporated into, and made a part
of, this Resolution as findings of the City Council.
Page 2 of 12
{00114859.1} 2
SECTION 2: APPROVAL OF AGREEMENT. The City Council hereby approves the
Agreement in substantially the form attached to this Resolution as Exhibit A, and in a final form
to be approved by the General Counsel.
SECTION 3: EXECUTION OF AGREEMENT. The Mayor and City Clerk are hereby
authorized and directed to execute and seal, on behalf of the City, the final Agreement.
SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from
and after its passage and approval according to law.
PASSED this ____ day of __________________, 2020.
APPROVED this _____ day of ______________, 2020.
VOTE: AYES _____ NAYS _____ ABSENT _____
MAYOR
ATTEST: Approved as to form:
CITY CLERK Peter M. Friedman, General Counsel
DP-Resolution Approving IGA with IDOT for Ballard Road Improvements
Page 3 of 12
FAU Route 1319 – Ballard Road
West of Farmer’s Creek to Greenwood Avenue
State Section: 2019-050-T
Cook County
Job No. : C-91-395-19
Contract No.: 62J27
JN-120-012
AGREEMENT
This Agreement entered into this _______day of __________________, 2020 A.D., by and
between the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF
TRANSPORTATION, hereinafter called the STATE, and the CITY OF DES PLAINES of the State of
Illinois, hereinafter called the CITY
WITNESSETH:
WHEREAS, the STATE, in order to facilitate the free flow of traffic and ensure safety to the
motoring public, is desirous of improving Ballard Road, FAU Route 1319, from west of Farmer’s
Creek to Greenwood Avenue, identified as STATE Section 2019-050-T, STATE Job No.: C-91-
395-19, State Contract Number 62J27, including removing and replacing the existing culvert
approximately 400 feet west of Greenwood Avenue, removing the existing culvert approximately 0.5
mile east of Rand Road at Farmer’s Creek and replacing it with a three-cell 7’ x7’ box culvert,
installing two gate valves in the existing storm sewer west of I-294, installing various drainage
improvements and by performing all other work necessary to complete the improvement in
accordance with the approved plans and specifications; and
WHEREAS, the CITY has requested that the STATE include in its contract watermain relocations in
the vicinity of Farmer’s Creek; and
WHEREAS, the STATE has agreed to the CITY’s request; and
Exhibit A Page 4 of 12
WHEREAS, the CITY is desirous of said improvement in that same will be of immediate benefit to
the CITY residents and permanent in nature;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto
agree as follows:
1. The STATE agrees to make the surveys, obtain all necessary rights of way, prepare plans and
specifications, receive bids and award the contract, furnish engineering inspection during
construction and cause the improvement to be built in accordance with the approved plans,
specifications and contract.
2. The STATE agrees to pay for all right of way, construction and engineering cost subject to
reimbursement by the CITY, as hereinafter stipulated.
3. It is mutually agreed by and between the parties hereto that the estimated cost and cost proration
for this improvement is as shown on Exhibit A attached hereto and made a part hereof.
4. The CITY has passed a resolution appropriating sufficient funds to pay its share of the cost for this
improvement, a copy of which is attached hereto as Exhibit B and made a part hereof.
The CITY further agrees that upon award of the contract for this improvement, the CITY will pay to
the STATE, in a lump sum from any funds allotted to the CITY, an amount equal to 80% of its
obligation incurred under this AGREEMENT, and will pay to said STATE the remainder of the
obligation (including any non-participating costs on FA Projects) in a lump sum, upon completion of
the project, based upon final costs.
5. The CITY further agrees to pass a supplemental resolution to provide necessary funds for its share
of the cost of this improvement if the amount appropriated in Exhibit B proves to be insufficient to
cover said cost.
Exhibit A Page 5 of 12
6. The CITY agrees not to permit the construction of additional entrances, private or commercial,
along Ballard Road without the consent of the STATE.
7. The CITY shall exercise its franchise rights to cause private utilities to be relocated, if required, at
no expense to the STATE.
8. The CITY agrees to cause its utilities installed on right of way after said right of way was acquired
by the STATE or installed within the limits of a roadway after the said roadway’s jurisdiction was
assumed by the STATE, other than the aforementioned watermain, to be relocated and/or adjusted,
if required, at no expense to the STATE.
9. All CITY owned utilities, on STATE right of way within the limits of this improvement, which are to
be relocated/adjusted under the terms of this Agreement, will be relocated/adjusted in accordance
with the applicable portions of the “Accommodation of Utilities of Right of Way of the Illinois State
Highway System.” (92 Ill. Adm. Code 530).
10. Upon final field inspection of the improvement and so long as Ballard Road is used as a STATE
Highway, the STATE agrees to maintain or cause to be maintained the box culvert, the median, the
through traffic lanes, the left-turn lanes and right turn lanes and the stabilized shoulders and ditches
adjacent to those traffic lanes and turn lanes.
11. Upon final field inspection of the improvement, the CITY agrees to maintain or cause to be
maintained those portions of the improvement which are not maintained by the STATE, including
new and existing sidewalks and shared use paths, parkways, crosswalk and stopline markings,
CITY owned utilities including appurtenances thereto, and the two Levee 50 gate valves installed in
the existing storm sewer.
Exhibit A Page 6 of 12
12. The CITY further agrees to continue its existing maintenance responsibilities on all side road
approaches under its jurisdiction, including all left and right turn lanes on said side road
approaches, up to the through edge of pavement of Ballard Road. Drainage facilities, if any, at the
aforementioned side roads located within the STATE right-of-way shall be the joint maintenance
responsibility of the STATE and the CITY unless there is an agreement specifying different
responsibilities.
13. The CITY has adopted a resolution, will send a letter, or sign the Plan Approval page which is part
of this document, prior to the STATE advertising for the work to be performed hereunder, approving
the plans and specifications as prepared.
14. Under penalties of perjury, the CITY certifies that its correct Federal Tax Identification number is
36-6005849 and it is doing business as a GOVERNMENTAL ENTITY, whose mailing address is:
City of Des Plaines
1420 Miner Street
Des Plaines, IL 60016
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SEE NEXT PAGE FOR SIGNATURES
Exhibit A Page 7 of 12
Obligations of the STATE and the CITY will cease immediately without penalty or further payment being
required if, in any fiscal year, the Illinois General Assembly or Federal funding source fails to appropriate or
otherwise make available funds for this contract.
This AGREEMENT and the covenants contained herein shall be null and void in the event the contract
covering the construction work contemplated herein is not awarded within the three years subsequent to
execution of the agreement.
This Agreement shall be binding upon and to the benefit of the parties hereto, their successors and
assigns.
CITY OF DES PLAINES
By: __________________________
(Signature)
Attest:
By: ___________________________
(Print or Type)
___________________________
Clerk Title: __________________________
Date: __________________________
(SEAL)
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
By: ____________________________
Anthony J. Quigley, P.E.
Region One Engineer
Date: __________________________
Job No.: C-91-395-19
Agreement No.: JN-120-012
Exhibit A Page 8 of 12
PLAN APPROVAL
WHEREAS, in order to facilitate the improvement of FAU Route 1319, known as Ballard Road,
Contract No. 62J27, State Section 2019-050-T, the CITY agrees to that portion of the plans and
specifications relative to the CITY’s financial and maintenance obligations described herein, prior to
the STATE’s advertising for the aforedescribed proposed improvement.
Approved_________________________________________
Title _____________________________________________
Date _____________________________________________
Exhibit A
Mayor
Page 9 of 12
TOTAL
Type of Work $%$%$%
All roadway work excluding the
following:$1,539,200 80%$384,800 20%$1,924,000
P&C Engineering (15%)$230,880 80%$57,720 20%$288,600
UTILITIES
Watermain Relocation $130,000 100%$130,000
P&C Engineering (15%)$19,500 100%$19,500
TOTAL $2,362,100
EXHIBIT A
ESTIMATE OF COST Contract 62J27
$1,770,080 $442,520
NOTE: Local participation shall be predicated upon the percentages shown above for the specified work. Local Agency cost
shall be determined by multiplying the final quantities times contract unit price plus the percentage shown for construction
and/or preliminary engineering unless otherwise noted.
FEDERAL STATE CITY OF DES PLAINES
$149,500
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“Exhibit B”
FUNDING RESOLUTION
WHEREAS, the CITY OF DES PLAINES (CITY) has entered into an AGREEMENT with the STATE OF
ILLINOIS (STATE) for the improvement of Ballard Road at Farmer’s Creek, known as State Section; 2019-050-
T; and
WHEREAS, in compliance with the aforementioned AGREEMENT, it is necessary for the CITY to
appropriate sufficient funds to pay its share of the cost of said improvement.
NOW THEREFORE, BE IT RESOLVED, that there is hereby appropriated the sum of One Hundred
Forty Nine Thousand Five Hundred Dollars ($149,500.00) or so much thereof as may be necessary, from any
money now or hereinafter allotted to the CITY, to pay its share of the cost of this improvement as provided in
the AGREEMENT; and
BE IT FURTHER RESOLVED, that upon award of the contract for this improvement, the CITY will pay
to the STATE in a lump sum from any funds allotted to the CITY, an amount equal to 80% of its obligation
incurred under this AGREEMENT, and will pay to said STATE the remainder of the obligation in a lump sum,
upon completion of the project, based on final costs.
BE IT FURTHER RESOLVED, that the CITY agrees to pass a supplemental resolution to provide any
necessary funds for its share of the cost of this improvement if the amount appropriated herein proves to be
insufficient, to cover said cost.
Exhibit A Page 11 of 12
STATE OF ILLINOIS )
COUNTY OF COOK )
I, ______________________, _____________Clerk in and for the CITY of DES PLAINES hereby certify the
foregoing to be a true perfect and complete copy of the resolution adopted by the CITY Council at a meeting
on ______________, 2020 A.D.
IN TESTIMONY WHEREOF, I have hereunto set my hand seal this _____ day of ___________, 2020 A.D.
__________________________
Clerk
(SEAL)
Exhibit A Page 12 of 12
PUBLIC WORKS AND
ENGINEERING DEPARTMENT
1111 Joseph J. Schwab Road
Des Plaines, IL 60016
P: 847.391.5464
desplaines.org
Date: April 29, 2020
To: Michael G. Bartholomew, MCP, LEED-AP, City Manager
From: Timothy Watkins, Assistant Director of Public Works and Engineering
Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering
Subject: SBC Tower Holdings Lease Extension
Issue: SBC Tower Holdings LLC has requested an extension to their existing lease with the City.
Analysis: SBC Tower Holdings, LLC ("SBC") maintains a monopole structure and associated
wireless antennas on a portion of the City’s Public Works yard at 1099-1111 Joseph Schwab Road
pursuant to a lease agreement dated August 31, 2014. We have successfully negotiated a lease
extension that includes a one-time $25,000 signing bonus, an annual increase of $1,800 (9.2%) and
collocation fees for future tenants equal to $250 per month. The lease extension will continue to
automatically increase by 5% annually. The current lease has a final expiration date of August 31,
2039. The lease extension will have a final expiration date of August 31, 2054. This rate is consistent
with the City’s other cellular leases.
Recommendation: We recommend approval of the lease extension with SBC Tower Holdings, LLC,
Suite 13-F West Tower, 575 Morosgo Drive, Atlanta, GA 30324.
Attachments:
Resolution R-96-20
Exhibit A – First Amendment to Lease Agreement
MEMORANDUM
Page 1 of 15
CONSENT AGENDA #3.
{00114861.1} 1
CITY OF DES PLAINES
RESOLUTION R - 96 - 20
A RESOLUTION APPROVING A FIRST AMENDMENT TO
THE LEASE AGREEMENT BETWEEN THE CITY OF DES
PLAINES AND SBC TOWER HOLDINGS LLC
REGARDING THE WIRELESS SERVICE FACILITY AT
1099-1111 JOSEPH SCHWAB ROAD.
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, SBC Tower Holdings, LLC ("SBC") maintains a monopole structure and
associated wireless antennas ("Tower") on a portion of the City’s Public Works yard at 1099-1111
Joseph Schwab Road ("City Property"); and
WHEREAS, on August 18, 2014, the City Council approved Resolution R-16-14, which
approved a Lease Agreement between SBC and the City with a final expiration date of August 31,
2039 ("Original Lease"); and
WHEREAS, the City has negotiated a lease extension through August 31, 2054 that
includes a one-time signing bonus of $25,000, an annual increase of $1,800, and future collation
fees for future tenants equal to $250 per month ("First Amendment"); and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into the First Amendment to the Original Lease with SBC to allow SBC to continue to operate
the Tower on City Property;
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: RECITALS. That the recitals set forth herein above are incorporated herein
by reference as the factual basis for this transaction.
SECTION 2: APPROVAL OF FIRST AMENDMENT. The City Council hereby
approves the First Amendment in substantially the form attached to this Resolution as Exhibit A,
and in a final form to be approved by the General Counsel.
SECTION 3: AUTHORIZATION TO EXECUTE FIRST AMENDMENT. The City
Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on
behalf of the City, the First Amendment.
SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from
and after its passage and approval according to law.
Page 2 of 15
{00114861.1} 2
PASSED this _____ day of ____________, 2020.
APPROVED this _____ day of _____________, 2020.
VOTE: AYES _____ NAYS _____ ABSENT _____
___________________________________
MAYOR
ATTEST: Approved as to form:
CITY CLERK Peter M. Friedman, General Counsel
DP-Resolution Approving First Amendment to Lease with SBC for Monopole at 1099-1111 Joseph Schwab Rd 2020
Page 3 of 15
Site No: 303860
Site Name: Des Plaines
THE FIRST AMENDMENT TO LEASE AGREEMENT
This First Amendment to LEASE AGREEMENT (the “First Amendment”) is made effective as of the latter
signature date hereof (the “Effective Date”) by and between CITY OF DES PLAINES, an Illinois municipal
corporation (“Landlord”) and SBC Tower Holdings LLC, a Delaware limited liability company (“Tenant”)
(Landlord and Tenant being collectively referred to herein as the “Parties”).
RECITALS
WHEREAS, Landlord and Tenant entered into that certain LEASE AGREEMENT dated August 31, 2014,
pursuant to which the Tenant leases a portion of the the property commonly known as 1099-1111 Joseph
Schwab Road, Des Plaines, IL (“Premises”), which is owned by Landlord, and is the beneficiary of certain
easements for access and public utilities, all as more particularly described in the Lease (such portion of the
Premises so leased along with such portion of the Premises so affected, collectively, the “Leased Property”);
and
WHEREAS, the Premises and the Leased Property are both legally described in the Lease; and
WHEREAS, notwithstanding anything to the contrary contained in the Lease, the Parties agree that the Lease,
without giving effect to this First Amendment and assuming the exercise by Tenant of all remaining renewal
terms in the Lease, has a final expiration date of August 31, 2039; and
WHEREAS, Tenant entered into that certain Sublease Agreement dated December 14, 2000 with Southern
Towers, Inc., predecessor-in-interest to American Tower Asset Sub II, LLC (“American Tower”), whereby
American Tower subleases the Leased Property from Tenant; and
WHEREAS, Landlord and Tenant desire to amend the terms of the Lease to extend the term thereof and to
otherwise modify the Lease as expressly provided herein.
NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants set forth herein and
other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby
acknowledged, the Parties hereby agree as follows:
1. One-Time Payment. The definition of “Rent” in Article 2 of the Lease is amended to add a new
subsection (c) as follows:
“c. Tenant shall pay to Landlord a one-time payment in the amount of Twenty Five
Thousand and No/100 Dollars ($25,000.00), payable within thirty (30) days of the Effective
Date of the First Amendment to this Lease and subject to the following conditions
precedent: (a) Tenant’s receipt of the First Amendment executed by Landlord, on or before
May 30, 2020; and (b) Tenant’s receipt of any documents and other items reasonably
requested by Tenant in order to effectuate the transaction and payment contemplated
herein and (c) receipt by Tenant of an original Memorandum of Lease (attached hereto)
executed by Landlord. Exhibit F to the Lease is hereby deleted and replaced with the
Memorandum of Lease attached hereto as Exhibit F. In the event that Tenant elects to pay
the one-time payment prior to the satisfaction of any of the conditions precedent set forth
in this subsection (c), Landlord shall still be required to comply with items (a) - (c) above.”
2. Lease Term Extended. The definition of “Renewal Term” in Article 2 of the Lease is amended to include
three additional five-year renewal terms (each a “New Renewal Term” and, collectively, the “New
Renewal Terms”). Unless the Lease is otherwise terminated prior to September 1, 2039, the first New
Renewal Term shall commence on September 1, 2039, and shall automatically renew for each
subsequent New Renewal Term unless Tenant notifies Landlord that Tenant elects not to renew the
Page 4 of 15Exhibit A
Site No: 303860
Site Name: Des Plaines
Lease not less than ninety (90) days prior to the expiration of the then current New Renewal Term.
3. Rent and Escalation.
a. Exhibit E to the Lease is hereby deleted and replaced with a new Exhibit E, attached to and, by this
reference, made a part of this First Amendment as Exhibit A.
b. Subsection (b) of the definition of “Rent” set forth in Article 2 of the Lease is deleted in its entirety and
replaced as follows:
“b. For the Lease year beginning September 1, 2020, the rent payable from Tenant to
Landlord under the Lease is Forty Six Thousand Eight Hundred Twenty Seven and 21/100
Dollars ($46,827.21) Commencing in the Lease year thereafter, and on each successive
annual anniversary thereof, Rent due under the Lease shall increase by an amount equal to
five percent (5%) of the Rent paid during the previous year as set forth in the Rent Schedule
attached as Exhibit E. In the event of any overpayment of Rent or Collocation Fee (as
defined in Article 18) prior to or after the Effective Date, Tenant shall have the right to
deduct from any future Rent payments an amount equal to the overpayment amount.
Notwithstanding anything to the contrary contained in the Lease, all Rent and any other
payments expressly required to be paid by Tenant to Landlord under the Lease, as amended
shall be paid to CITY OF DES PLAINES.
4. Collocation Fee. Article 2 of the Lease is amended to add a definition for “Collocation Fee” as follows:
“Collocation Fee Subject to the other applicable terms, provisions, and conditions of
this Lease, Tenant shall pay Landlord an amount equal to Two Hundred Fifty and
No/100 Dollars ($250.00) per month for each sublease, license or other collocation
agreement for the use of any portion of the Leased Property entered into by and
between Tenant or American Tower and a third party (any such party, the “Additional
Collocator”) subsequent to the Effective Date of the First Amendment to the Lease
(such amount, the “Collocation Fee”). The Collocation Fee shall not be subject to the
escalations to Rent as delineated in this Lease. The initial payment of the Collocation
Fee shall be due within thirty (30) days of actual receipt by Tenant or American Tower
of the first collocation payment paid by an Additional Collocator. In the event a
sublease or license with an Additional Collocator expires or terminates, Tenant’s
obligation to pay the Collocation Fee for such sublease or license shall automatically
terminate upon the date of such expiration or termination. Notwithstanding
anything contained herein to the contrary, Tenant shall have no obligation to pay to
Landlord and Landlord hereby agrees not to demand or request that Tenant pay to
Landlord any Collocation Fee in connection with the sublease to or transfer of
Tenant’s obligations and/or rights under the Lease, as amended by the First
Amendment, to any subsidiary, parent or affiliate of Tenant or American Tower.
6. Subletting. Article 18 of the Lease is amended to add the following paragraphs:
“Landlord hereby acknowledges and agrees that Tenant and American Tower have the sole
and absolute right to enter into, renew, extend, terminate, amend, restate, or otherwise
modify (including, without limitation, reducing rent or allowing the early termination of) any
future or existing subleases, licenses or collocation agreements for occupancy on Tenant’s
communications tower, all on such terms as Tenant and/or American Tower deem advisable,
Page 5 of 15Exhibit A
Site No: 303860
Site Name: Des Plaines
in Tenant’s and/or American Tower’s sole and absolute discretion, notwithstanding that the
same may affect the amounts payable to the Landlord pursuant to this Section.
Notwithstanding anything to the contrary contained herein, Landlord hereby acknowledges
and agrees that Tenant shall have no obligation to pay and shall not pay to Landlord any
Collocation Fee in connection with: (i) any subleases, licenses, or other collocation
agreements between Tenant (or American Tower), or Tenant’s (or American Tower’s)
predecessors-in-interest, as applicable, and American Tower or any third parties, or such
third parties’ predecessors or successors-in-interest, as applicable, entered into prior to the
Effective Date (any such agreements, the “Existing Agreements”); (ii) any amendments,
modifications, extensions, renewals, and/or restatements to and/or of the Existing
Agreements entered into prior to the Effective Date or which may be entered into on or
after the Effective Date; (iii) any subleases, licenses, or other collocation
agreements entered into by and between Tenant (or American Tower) and any Additional
Collocators for public emergency and/or safety system purposes that are required or
ordered by any governmental authority having jurisdiction at or over the Leased Property; or
(iv) any subleases, licenses or other collocation agreements entered into by and between
Tenant (or American Tower) and any Additional Collocators if the Landlord has entered into
any agreements with such Additional Collocators to accommodate such Additional
Collocators’ facilities outside of the Leased Property and such Additional Collocators pay any
amounts (whether characterized as rent, additional rent, use, occupancy or other types of
fees, or any other types of monetary consideration) to Landlord for such use.”
7. Tenant Address. Section 1.2 of the Lease is amended as follows:
“ 1.2 Tenant: SBC TOWER HOLDINGS LLC, a Delaware limited liability company (Tenant),
whose notice address is: SBC Tower Holdings LLC, Attn: Network Real Estate Administration,
RE: Cell Site No. 4, Cell Site Name DES PLAINES FA No. 10005053, 1025 Lenox Park Blvd NE, 3rd
Floor, Atlanta, GA 30319; with copy to: AT&T Legal Department, Attn.: Network Counsel, RE:
FA No. 10005053, 208 S. Akard Street, Dallas, TX 75202-4206; and also with copy to: American
Tower, Attn.: Land Management, 10 Presidential Way, Woburn, MA 01801; and also with copy
to: Attn.: Legal Dept. 116 Huntington Avenue, Boston, MA 02116.”
8. Notice. Section 28.1 of the Lease is hereby amended to read as follows:
“28.1 Notices. Any notice or other communication required or permitted to be given under this
Lease must be in writing and shall be valid upon receipt when delivered by hand, by nationally
recognized courier service, or by First Class United States Mail, certified, return receipt requested to
the addresses set forth in Article 1 of this Lease. Unless otherwise expressly provided in this Lease,
notices shall be deemed received at the earlier (a) of actual receipt, or (b) one (1) business day after
deposit with an overnight courier as evidenced by a receipt of deposit or (c) three (3) business days
following deposit in the U.S. mail, as evidenced by a return receipt. Any of the Parties, by thirty (30)
days prior written notice to the others in the manner provided herein, may designate one or more
different notice addresses from those set forth above.”
9. Conflict/Capitalized Terms. The Parties hereby acknowledge and agree that in the event of a conflict
between the terms and provisions of this First Amendment and those contained in the Lease, the terms
and provisions of this First Amendment shall control. Except as otherwise defined or expressly provided
in this First Amendment, all capitalized terms used in this First Amendment shall have the meanings or
Page 6 of 15Exhibit A
Site No: 303860
Site Name: Des Plaines
definitions ascribed to them in the Lease. To the extent of any inconsistency in or conflict between the
meaning, definition, or usage of any capitalized terms in this First Amendment and the meaning,
definition, or usage of any such capitalized terms or similar or analogous terms in the Lease, the
meaning, definition, or usage of any such capitalized terms in this First Amendment shall control.
10. Counterparts. This First Amendment may be executed in multiple counterparts, each of which when so
executed and delivered, shall be deemed an original and all of which, when taken together, shall
constitute one and the same instrument.
[SIGNATURES COMMENCE ON FOLLOWING PAGE]
Page 7 of 15Exhibit A
Site No: 303860
Site Name: Des Plaines
LANDLORD:
CITY OF DES PLAINES
an Illinois municipal corporation
Signature: _____________________________
Print Name: ____________________________
Title: _________________________________
Date: _________________________________
TENANT:
SBC Tower Holdings LLC
a Delaware limited liability company
Signature: _____________________________
Print Name: ____________________________
Title: _________________________________
Date: _________________________________
Page 8 of 15Exhibit A
Site No: 303860
Site Name: Des Plaines
EXHIBIT A
This Exhibit A may be replaced at Tenant’s option as described below.
PREMISES
Tenant shall have the right to replace this description with a description obtained from Landlord’s deed (or
deeds) that include the land area encompassed by the Lease and Tenant’s improvements thereon.
The Premises consists of the entire legal taxable lot owned by Landlord as described in a deed (or deeds) to
Landlord of which the Leased Property is a part thereof with such Premises being described below:
Being Cook County, IL APN: 09-21-205-008-8002
LEASED PROPERTY
Tenant shall have the right to replace this description with a description obtained from the Lease or from a
description obtained from an as-built survey conducted by Tenant.
The Leased Property consists of that portion of the Premises as defined in the Lease which shall include
access and utilities easements. The square footage of the Leased Property shall be the greater of: (i) the land
area conveyed to Tenant in the Lease; (ii) Tenant’s (and Tenant’s customers) existing improvements on the
Parent Parcel; or (iii) the legal description or depiction below (if any).
ACCESS AND UTILITIES
The access and utility easements include all easements of record as well that portion of the Premises
currently utilized by Tenant (and Tenant’s customers) for ingress, egress and utility purposes from the Leased
Property to and from a public right of way.
Page 9 of 15Exhibit A
DP: 1099/1111 Joseph Schwab Road Lease Rent Schedule for SBC Tower Holdings
Lease Year Calendar Year
Initial Term Annual Period Commencing Monthly Annual
1 9/1/2014 $2,800.00 $33,600.00
2 9/1/2015 $2,940.00 $35,280.00
3 9/1/2016 $3,087.00 $37,044.00
4 9/1/2017 $3,241.35 $38,896.20
5 9/1/2018 $3,403.42 $40,841.01
1st Renewal Term Monthly Annual
6 9/1/2019 $3,573.59 $42,883.06
7 9/1/2020 $3,902.27 $46,827.21
8 9/1/2021 $4,097.38 $49,168.57
9 9/1/2022 $4,302.25 $51,627.00
10 9/1/2023 $4,517.36 $54,208.35
2nd Renewal Term Monthly Annual
11 9/1/2024 $4,743.23 $56,918.77
12 9/1/2025 $4,980.39 $59,764.70
13 9/1/2026 $5,229.41 $62,752.94
14 9/1/2027 $5,490.88 $65,890.59
15 9/1/2028 $5,765.43 $69,185.12
3rd Renewal Term Monthly Annual
16 9/1/2029 $6,053.70 $72,644.37
17 9/1/2030 $6,356.38 $76,276.59
18 9/1/2031 $6,674.20 $80,090.42
19 9/1/2032 $7,007.91 $84,094.94
20 9/1/2033 $7,358.31 $88,299.69
4th Renewal Term Monthly Annual
21 9/1/2034 $7,726.22 $92,714.67
22 9/1/2035 $8,112.53 $97,350.41
23 9/1/2036 $8,518.16 $102,217.93
24 9/1/2037 $8,944.07 $107,328.82
25 9/1/2038 $9,391.27 $112,695.26
5th Renewal Term Monthly Annual
26 9/1/2039 $9,860.84 $118,330.03
27 9/1/2040 $10,353.88 $124,246.53
28 9/1/2041 $10,871.57 $130,458.86
29 9/1/2042 $11,415.15 $136,981.80
30 9/1/2043 $11,985.91 $143,830.89
6th Renewal Term Monthly Annual
31 9/1/2044 $12,585.20 $151,022.43
32 9/1/2045 $13,214.46 $158,573.55
33 9/1/2046 $13,875.19 $166,502.23
34 9/1/2047 $14,568.95 $174,827.34
35 9/1/2048 $15,297.39 $183,568.71
7th Renewal Term Monthly Annual
36 9/1/2049 $16,062.26 $192,747.15
37 9/1/2050 $16,865.38 $202,384.50
38 9/1/2051 $17,708.64 $212,503.73
39 9/1/2052 $18,594.08 $223,128.91
40 9/1/2053 $19,523.78 $234,285.36
Rent
First Amendment Renewals
EXHIBIT E to the Lease
Page 10 of 15Exhibit A
Site No: 303860
Site Name: Des Plaines
MEMORANDUM OF LEASE
This Memorandum of Lease (the “Memorandum”) is entered into on the __________ day of
__________________, 202___ by and between CITY OF DES PLAINES, an Illinois municipal corporation
(“Landlord”) and SBC Tower Holdings LLC, a Delaware limited liability company (“Tenant”).
NOTICE is hereby given of the Lease (as defined and described below) for the purpose of recording and giving
notice of the existence of said Lease. To the extent that notice of such Lease has previously been recorded,
then this Memorandum shall constitute an amendment of any such prior recorded notice(s).
1. Parent Parcel and Lease. Landlord is the owner of certain real property being described in Exhibit A
attached hereto and by this reference made a part hereof (the “Premises”). Landlord (or its predecessor-
in-interest) and Tenant (or its predecessor-in-interest) entered into that certain LEASE AGREEMENT
dated August 31, 2014 (as the same may have been amended from time to time, collectively, the
“Lease”), pursuant to which the Tenant leases a portion of the Parent Parcel and is the beneficiary of
certain easements for access and public utilities, all as more particularly described in the Lease (such
portion of the Parent Parcel so leased along with such portion of the Parent Parcel so affected,
collectively, the “Leased Property”), which Leased Property is also described on Exhibit A.
2. Expiration Date. Subject to the terms, provisions, and conditions of the Lease, and assuming the exercise
by Tenant of all renewal options contained in the Lease, the final expiration date of the Lease would be
August 31, 2054. Notwithstanding the foregoing, in no event shall Tenant be required to exercise any
option to renew the term of the Lease.
3. Right of First Refusal. There is a right of first refusal in the Lease.
4. Effect/Miscellaneous. This Memorandum is not a complete summary of the terms, provisions and
conditions contained in the Lease. In the event of a conflict between this Memorandum and the Lease,
the Lease shall control. Landlord hereby grants the right to Tenant to complete and execute on behalf of
Landlord any government or transfer tax forms necessary for the recording of this Memorandum. This
right shall terminate upon recording of this Memorandum.
Prepared by and Return to:
American Tower
10 Presidential Way
Woburn, MA 01801
Attn: Land Management/Alexander Linsky, Esq.
ATC Site No: 303860
ATC Site Name: Des Plaines
Assessor’s Parcel No(s): 09-21-205-008-8002
Prior Recorded Lease Reference:
Book _____, Page _____
Document No: __________
State of Illinois
County of Cook
EXHIBIT F to the Form of Memorandum of Lease
Page 11 of 15Exhibit A
Site No: 303860
Site Name: Des Plaines
5. Notices. All notices must be in writing and shall be valid upon receipt when delivered by hand, by
nationally recognized courier service, or by First Class United States Mail, certified, return receipt
requested to the addresses set forth herein: to Landlord at: 1420 Miner/Northwest Highway, Des
Plaines, IL 60016; to Tenant at: SBC Tower Holdings LLC, Attn: Network Real Estate Administration, RE:
Cell Site No. 4, Cell Site Name DES PLAINES FA No. 10005053, 1025 Lenox Park Blvd NE, 3rd Floor, Atlanta,
GA 30319; with copy to: AT&T Legal Department, Attn.: Network Counsel, RE: FA No. 10005053, 208 S.
Akard Street, Dallas, TX 75202-4206; and also with copy to: American Tower, Attn.: Land Management,
10 Presidential Way, Woburn, MA 01801; and also with copy to: Attn.: Legal Dept. 116 Huntington
Avenue, Boston, MA 02116. . Any of the Parties, by thirty (30) days prior written notice to the others in
the manner provided herein, may designate one or more different notice addresses from those set forth
above. Refusal to accept delivery of any notice or the inability to deliver any notice because of a changed
address for which no notice was given as required herein, shall be deemed to be receipt of any such
notice.
6. Counterparts. This Memorandum may be executed in multiple counterparts, each of which when so
executed and delivered, shall be deemed an original and all of which, when taken together, shall
constitute one and the same instrument.
[SIGNATURES COMMENCE ON FOLLOWING PAGE]
Page 12 of 15Exhibit A
Site No: 303860
Site Name: Des Plaines
IN WITNESS WHEREOF, Landlord and Tenant have each executed this Memorandum as of the day and year
set forth below.
LANDLORD
CITY OF DES PLAINES
an Illinois municipal corporation
Signature: _____________________________
Print Name: ____________________________
Title: _________________________________
Date: _________________________________
2 WITNESSES
Signature: _____________________________
Print Name: ____________________________
Signature: _____________________________
Print Name: ____________________________
WITNESS AND ACKNOWLEDGEMENT
State/Commonwealth of _____________________
County of ________________________
On this ____ day of _____________________, 201___, before me, the undersigned Notary Public,
personally appeared _____________________________________________, who proved to me on the basis
of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
___________________________________
Notary Public
Print Name: _________________________
My commission expires: _______________ [SEAL]
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
Page 13 of 15Exhibit A
Site No: 303860
Site Name: Des Plaines
TENANT
SBC Tower Holdings LLC
a Delaware limited liability company
Signature: _____________________________
Print Name: ____________________________
Title: _________________________________
Date: _________________________________
WITNESS
Signature: _____________________________
Print Name: ____________________________
Signature: _____________________________
Print Name: ____________________________
WITNESS AND ACKNOWLEDGEMENT
State/Commonwealth of _____________________
County of ________________________
On this ____ day of _____________________, 201___, before me, the undersigned Notary Public,
personally appeared _____________________________________________, who proved to me on the basis
of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
___________________________________
Notary Public
Print Name: _________________________
My commission expires: _______________ [SEAL]
Page 14 of 15Exhibit A
Site No: 303860
Site Name: Des Plaines
EXHIBIT A to the Memorandum of Lease
This Exhibit A may be replaced at Tenant’s option as described below.
PREMISES
Tenant shall have the right to replace this description with a description obtained from Landlord’s deed (or
deeds) that include the land area encompassed by the Lease and Tenant’s improvements thereon.
The Premises consists of the entire legal taxable lot owned by Landlord as described in a deed (or deeds) to
Landlord of which the Leased Property is a part thereof with such Premises being described below:
Being Cook County, IL APN: 09-21-205-008-8002
LEASED PROPERTY
Tenant shall have the right to replace this description with a description obtained from the Lease or from a
description obtained from an as-built survey conducted by Tenant.
The Leased Property consists of that portion of the Premises as defined in the Lease which shall include
access and utilities easements. The square footage of the Leased Property shall be the greater of: (i) the land
area conveyed to Tenant in the Lease; (ii) Tenant’s (and Tenant’s customers) existing improvements on the
Parent Parcel; or (iii) the legal description or depiction below (if any).
ACCESS AND UTILITIES
The access and utility easements include all easements of record as well that portion of the Premises
currently utilized by Tenant (and Tenant’s customers) for ingress, egress and utility purposes from the Leased
Property to and from a public right of way.
Page 15 of 15Exhibit A
Information Technology Department
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5300
desplaines.org
Date: April 27, 2020
To: Michael G. Bartholomew, City Manager
From: Romeo Sora, Director Information Technology
Subject: Three Year Barracuda 995 Backup Server Maintenance Agreement
Issue: For the City to enter into a three year Barracuda 995 Backup Server Maintenance Agreement with
authorized reseller SpeedLink. The 2020 Budget has $70,394 approved for this maintenance expenditure.
Analysis: In order to keep pace with the growing data volumes, the existing Barracuda 890 Back Server
with 16TB of storage capacity needed to be replaced. On June 6, 2016, the City authorized the purchase of a
Barracuda 995 Backup Server with 72TB of storage, and all applicable service and maintenance
subscriptions from SpeedLink.
SpeedLink is a “Partner of Record” with Barracuda, and as such has preferential pricing in place with
Barracuda that other vendors would not receive. SpeedLink has consistently provided the City of Des
Plaines with the lowest price pertaining to Barracuda products and services.
At the request of staff, SpeedLink reached out to Barracuda to obtain reduced pricing on the backup server
maintenance and support. Barracuda provided SpeedLink with a three year maintenance and support
renewal option in the amount of $179,460.
Recommendation: I recommend the City Council waive bidding requirements and approve the Fourth
Amendment to the agreement with SpeedLink, 4039 Floramar Ter, New Port Richey, FL 34652, for an
additional three year renewal period in the not to exceed amount of $179,460. Payment for this agreement
will be made in three annual installments of $59,820. This year’s payment will be funded from the budgeted
IT R&M Equipment Account (100-20-230-0000-6305).
Attachments:
Resolution – R-97-20
Exhibit A – Amendment of Agreement
MEMORANDUM
Page 1 of 7
CONSENT AGENDA #4.
{00114862.1} 1
CITY OF DES PLAINES
RESOLUTION R - 97 - 20
A RESOLUTION APPROVING A FOURTH AMENDMENT
TO THE AGREEMENT WITH SPEEDLINK SOLUTIONS,
INC. FOR BACKUP SERVER MAINTENANCE
AND CLOUD STORAGE SERVICES.
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, Speedlink Solutions, Inc. ("Vendor") currently provides the City with
subscriptions to (i) Barracuda Backup 995 Server Energizer Updates, (ii) Instant Replacement; and
(iii) Barracuda Backup 995 Server Unlimited Cloud Storage (collectively, "Subscriptions")
pursuant to that certain “City of Des Plaines Contract for Pricing and Delivery of a Barracuda
Backup Server” dated as of June 17, 2016 ("Agreement"); and
WHEREAS, the Subscriptions provide services relating to the City’s Barracuda 995
Backup Server ("Server") including updates and maintenance services, replacement protection in
the event the Server becomes inoperable, and unlimited cloud-based backup storage for Server
data; and
WHEREAS, on June 5, 2017, City Council approved Resolution No. R-103-17, approving
the First Amendment to the Agreement, which renewed the Agreement for an additional one-year
term beginning June 17, 2017 and ending June 17, 2018; and
WHEREAS, on May 21, 2018, City Council approved Resolution No. R-108-18,
approving the Second Amendment to the Agreement, which renewed the Agreement for a second
additional one-year term beginning June 18, 2018 and ending June 18, 2019; and
WHEREAS, on May 20, 2019, City Council approved Resolution No. R-101-19,
approving the Third Amendment to the Agreement, which renewed the Agreement for a third
additional one-year term beginning June 19, 2019 and ending June 19, 2020; and
WHEREAS, the City and Vendor desire to further amend the Agreement to renew the
Agreement for an additional three-year term beginning on June 20, 2020 and ending on June 20,
2023 ("Fourth Amendment") in an amount of $59,820 per year and in a total amount not to exceed
$179,460, subject to appropriated funds in years two and three of the Fourth Amendment; and
WHEREAS, sufficient funds have been appropriated to procure the Subscriptions during
the 2020 fiscal year; and
Page 2 of 7
{00114862.1} 2
WHEREAS, pursuant to Chapter 10 of Title 1 of the City Code of Des Plaines and the
City purchasing policy, the City Council desires to waive competitive bidding for the continued
procurement of the Subscriptions from the Vendor; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into the Fourth Amendment with Vendor;
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: RECITALS. The foregoing recitals are incorporated into, and made a part
of, this Resolution as findings of the City Council.
SECTION 2: WAIVER OF COMPETITIVE BIDDING. The requirement that
competitive bids be solicited for the purchase of the Subscriptions is hereby waived.
SECTION 3: APPROVAL OF FOURTH AMENDMENT. The City Council hereby
approves the Fourth Amendment in substantially the form attached to this Resolution as Exhibit
A, and in a final form to be approved by the General Counsel.
SECTION 4: EXECUTION OF FOURTH AMENDMENT. The City Manager and the
City Clerk are authorized and directed to execute and seal, on behalf of the City, the Fourth
Amendment upon receipt by the City Clerk of at least one original copy of the Fourth Amendment
executed by Vendor; provided, however, that if the executed copy of the Fourth Amendment is not
received by the City Clerk within 60 days after the effective date of this Resolution, then this
authority to execute and attest shall, at the option of the City Council, be null and void.
SECTION 5: EFFECTIVE DATE. This Resolution shall be in full force and effect from
and after its passage and approval according to law.
PASSED this _____ day of ____________, 2020.
APPROVED this _____ day of _____________, 2020.
VOTE: AYES _____ NAYS _____ ABSENT _____
MAYOR
ATTEST: Approved as to form:
CITY CLERK Peter M. Friedman, General Counsel
Page 3 of 7
{00114863.1}
FOURTH AMENDMENT OF AGREEMENT BY AND BETWEEN
THE CITY OF DES PLAINES AND SPEEDLINK SOLUTIONS, INC.
FOR BACKUP SERVER MAINTENANCE AND CLOUD STORAGE SERVICES
THIS FOURTH AMENDMENT is made and entered into as of the _____ day of
_________, 2020, by and between the City of Des Plaines, an Illinois home rule municipal
corporation (“City”), and Speedlink Solutions, Inc., a Florida corporation ("Vendor"). In
consideration of the recitals and mutual covenants and agreements set forth in this
Renewal, the receipt and sufficiency of which are hereby acknowledged and agreed, the
parties agree as follows:
Section 1. Recitals.
A. The City and the Vendor entered into that certain "City of Des Plaines
Contract for Pricing and Delivery of a Barracuda Back Up Server" dated as of June 16,
2016 ("Agreement").
B. Pursuant to the Agreement, the City agreed to procure from the Vendor a
new Barracuda 995 Backup Server (“Server”) and one-year subscriptions to (i) the
Barracuda Backup 995 Server Energizer Updates; (ii) Instant Replacement; (iii) and
Barracuda Backup 995 Server Unlimited Cloud Storage, as more fully described in Exhibits
A and B attached to and incorporated into the Agreement (collectively, "Subscriptions"),
and the Vendor agreed to provide the Server and Subscriptions to the City.
C. On June 5, 2017, the City and Vendor entered into that certain “First
Amendment of Agreement By and Between the City of Des Plaines and Speedlink
Solutions, Inc. for Backup Server Maintenance and Cloud Storage Services,” which
amended the Agreement to provide for a one-year renewal term and renew the term of the
Agreement for a period commencing June 17, 2017 and ending June 18, 2018 (“First
Amendment”).
D. On May 21, 2018, the City and Vendor entered into that certain “Second
Amendment of Agreement By and Between the City of Des Plaines and Speedlink
Solutions, Inc. for Backup Server Maintenance and Cloud Storage Services,” which
amended the Agreement to provide for a one-year renewal term and renew the term of the
Agreement for a period commencing June 18, 2018 and ending June 18, 2019 (“Second
Amendment”).
E. On May 20, 2019, the City and Vendor entered into that certain “Third
Amendment of Agreement By and Between the City of Des Plaines and Speedlink
Solutions, Inc. for Backup Server Maintenance and Cloud Storage Services,” which
amended the Agreement to provide for a one-year renewal term and renew the term of the
Agreement for a period commencing June 19, 2019 and ending June 19, 2020 (“Third
Amendment”).
F. Section 7.H of the Agreement provides that the City and the Vendor may
mutually agree to amend the Agreement, provided the amendment is reduced to writing.
G. The City and Vendor desire to further amend of the Agreement (“Fourth
Amendment”) to allow for a fourth three-year renewal term of the Subscriptions (“Fourth
Subscription Renewal”) commencing June 20, 2020 and ending June 20, 2023 (“Fourth
Renewal Term”).
Page 4 of 7Exhibit A
{00114863.1} 2
Section 2. Definitions.
A. Definitions. All initial-capitalized words and phrases used throughout this
Fourth Amendment have the meanings set forth in the various provisions of this Fourth
Amendment. If a word or phrase is not specifically defined in this Fourth Amendment or the
Fourth Subscription Renewal, it has the same meaning as in the Agreement.
B. Rules of Construction. Except as specifically provided in this Fourth
Amendment, all terms, provisions and requirements contained in the Agreement and the
remain unchanged and in full force and effect. In the event of a conflict between the text of
the Agreement or the text of the First Amendment and the text of this Fourth Amendment,
the text of this Fourth Amendment controls.
Section 3. Fourth Renewal.
The City and Vendor hereby amend Section 3 of the Agreement to allow for a Fourth
three-year renewal term for the Subscriptions and hereby renew the term of the Agreement
for the Subscriptions for a period commencing June 20, 2020 and ending June 20, 2023.
Section 4. Pricing.
During the Fourth Subscription Renewal, the City will pay the Vendor for the
Services in accordance with the Schedule of Prices attached to, and by this reference made
a part of, this Fourth Amendment as Exhibit 1.
Section 5. Termination.
Either the City or the Vendor may terminate this Fourth Amendment, the Fourth
Subscription Renewal, and the Agreement without cause by delivering to the other party
written notice of termination, which termination will be effective 90 days after the delivery of
the notice.
Section 6. Effect.
All terms, conditions, and provisions of the Agreement that are not specifically
amended, modified, or supplemented by this Fourth Amendment will remain unchanged and
in full force and effect as if fully set forth herein. In the event of a conflict between the text of
the Agreement, or any part thereof, or the text of the First Amendment and the text of this
Fourth Amendment, the text of this Fourth Amendment will control.
IN WITNESS WHEREOF, the parties have caused this Fourth Amendment to be
executed by their duly authorized representatives.
(SIGNATURE PAGE FOLLOWS)
Page 5 of 7Exhibit A
{00114863.1} 3
ATTEST: CITY OF DES PLAINES
By: By:
Jennifer L. Tsalapatanis, City Clerk Michael Bartholomew, City Manager
Date: Date:
WITNESS: SPEEDLINK SOLUTIONS, INC.
By: By:
Print Name: Print Name:
Date: Date:
Page 6 of 7Exhibit A
Quote
Date
4/22/2020
Quote #
BC-DESPL626
Name / Address
City of Des Plaines
Accts Payable
1420 Miner St
Des Plaines, IL 60016-4498
P.O. No.Terms
Net 30
Due Date
5/22/2020
Rep
JE
Account #
8
FOB
Phone #
630-904-5254
Fax #E-mail
jevans@speedlnk.com
Total
Subtotal
Sales Tax (0.0%)
Freight is prepay and add on all orders Signature
4039 Floramar Ter
New Port Richey, FL 34652
Item Description Qty Cost Total
3 YEAR SPECIAL RENEWAL OFFER
BBS995 3YR
BC-BBS995a-e3 BBS 995 3 Year EU 1 36,556.00 36,556.00T
BC-BBS995a-h3 BBS 995 3 Year IR 1 44,060.00 44,060.00T
BC-BBS995-b3 BBS995 3 Year Unlimited Cloud Backup Storage 1 98,844.00 98,844.00T
Barracuda BBS995 with 3 year EU & IR 179,460.00
BAR-BS-788513
Support expires 06/18/2020
Des Plaines commits to 3 year PO but only pays 1/3rd now and 1/3rd in 2021 and
1/3rd in 2022 . Each payment is $59820.
_____________________________________
Thank you for the Opportunity to provide this quote. Prices are good for 30 Days.
$179,460.00
$179,460.00
$0.00
Page 7 of 7Exhibit A
OFFICE OF the MAYOR
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5301
desplaines.org
Date: May 7, 2020
To: Aldermen
Cc: Michael G. Bartholomew, City Manager
From: Matthew J. Bogusz, Mayor
Subject: Annual Member Dues to the Northwest Municipal Conference
Issue: An invoice for annual membership dues to the Northwest Municipal Conference has been received for
the 2020-2021 fiscal year.
Analysis: The City of Des Plaines is presently a member of the Northwest Municipal Conference. An invoice
was recently received in the amount of $25,528.00, which is based on our population figure of 58,364 @ .437
per capita. The amount of the dues has been included in the 2020 Budget under Elected Office.
Recommendation: That the City of Des Plaines continue as a member of the Northwest Municipal
Conference and remit annual dues of $25,528.00 for the 2020-2021 fiscal year.
Attachments:
Resolution R-98-20
Exhibit A – Invoice
MEMORANDUM
Page 1 of 4
CONSENT AGENDA #5.
CITY OF DES PLAINES
RESOLUTION R - 98 - 20
A RESOLUTION AUTHORIZING THE CITY OF DES
PLAINES TO RENEW ITS MEMBERSHIP IN THE
NORTHWEST MUNICIPAL CONFERENCE.
WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes the City
of Des Plaines ("City") to contract with individuals, associations and corporations, in any
manner not prohibited by law or ordinance; and
WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., encourages
cooperation between governmental entities and agencies; and
WHEREAS, the City is a member of the Northwest Municipal Conference ("NWMC"),
a regional association of over 40 municipalities that works to strengthen communities and enhance
intergovernmental relationships in the north and northwest suburbs of Chicago through the
provision of numerous programs and services, such as a joint purchasing program, legislative
services, and transportation planning services; and
WHEREAS, the City appropriated $25,600 in the Elected Office, Membership Dues Fund
for membership in the NWMC during the 2020 fiscal year; and
WHEREAS, membership dues in the NWMC are based on a fee of $.437 per resident
multiplied by the City’s population of 58,364 persons, for a total of $25,528 for the 2020-2021
membership year ("Membership Dues"); and
WHEREAS, the City desires to: (i) renew its membership in the NWMC; and (ii) pay to
the NWMC the Membership Dues of $25,528; and
WHEREAS, the City Council has determined that it is in the best interest of the City
to renew its NWMC membership and to pay the Membership Dues to the NWMC;
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: RECITALS. The foregoing recitals are hereby incorporated into, and
made a part of, this Resolution as findings of the City Council.
SECTION 2: APPROVAL OF MEMBERSHIP RENEWAL. The City Council
hereby approves the renewal of its membership in the NWMC.
SECTION 3: AUTHORIZATION OF RENEWAL AND PAYMENT. The City
Manager and City Clerk are hereby authorized and directed to execute and attest all necessary
Page 2 of 4
documents approved by the General Counsel to renew the City’s membership in the NWMC, and
the City Manager is authorized to pay to the NWMC the Membership Dues in the not-to-exceed
amount of $25,528.
SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect
upon its passage and approval according to law.
PASSED this _____ day of ____________, 2020.
APPROVED this _____ day of _____________, 2020.
VOTE: AYES _____ NAYS _____ ABSENT _____
MAYOR
ATTEST: Approved as to form:
CITY CLERK Peter M. Friedman, General Counsel
DP-Resolution Authorizing the City of Des Plaines to Renew its Membership in the NWMC 2020
Page 3 of 4
Page 4 of 4
PUBLIC WORKS AND
ENGINEERING DEPARTMENT
1420 Miner Street
Des Plaines, IL 60016
P: 847.391.5390
desplaines.org
Date: May 6, 2020
To: Michael G. Bartholomew, MCP, LEED-AP, City Manager
From: Timothy P. Oakley, P.E., CFM, Director of Public Works & Engineering
Subject: Illinois-American Water Supply Agreement Renewal
Issue: The City of Des Plaines sells potable Lake Michigan water to the Wayciden service area of Illinois-
American Water Company (IAWC) through a pumping and metering station located at Beau Drive south of
Dempster Street. The original water supply agreement was executed on March 16, 1992 with the predecessor
company, Citizens Utilities Company of Illinois, and expired on September 30, 2016. The renewal agreement
is presented for approval.
Analysis: The renewal agreement begins June 1, 2020 and runs through November 30, 2024. The terms and
conditions essentially remain the same; however, the water rate formula has changed slightly. IAWC will
continue to pay the wholesale rate as charged by the City of Chicago ($3.046 per 100 cubic feet effective June
1, 2020), as well as 100% of our Des Plaines operation and maintenance rate ($2.22 per 100 cubic feet adopted
January 1, 2020) for a total of $5.266 per 100 cubic feet. In the previous agreement, IAWC payed the City of
Chicago charge plus only 70% of our operation and maintenance rate.
Recommendation: We recommend approval of the Illinois-American Water Supply Agreement Renewal
effective June 1, 2020.
Attachments:
Resolution R-100-20
Exhibit A – IAWC Water Supply Agreement Renewal
MEMORANDUM
Page 1 of 27
CONSENT AGENDA #6.
1
CITY OF DES PLAINES
RESOLUTION R - 100 - 20
A RESOLUTION APPROVING A WATER SUPPLY
AGREEMENT BETWEEN THE CITY OF DES PLAINES
AND ILLINOIS-AMERICAN WATER COMPANY. ______
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, Illinois-American Water Company ("IAWC") owns and operates a public
utility water system and furnishes water to the public located in, and in the vicinity of, the corporate
limits of the City ("IAWC System"); and
WHEREAS, IAWC acquired substantially all of the assets of Citizens Utilities Company
of Illinois ("Citizens") in 2002; and
WHEREAS, the City had previously entered into that certain Water Supply Agreement
Between the City of Des Plaines and Citizens Utilities Company of Illinois, dated March 16, 1992
pursuant to which the City sold to Citizens and Citizens purchased from the City a supply of Lake
Michigan water to serve the IAWC System for the period through September 30, 2016; and
WHEREAS, IAWC desires to continue to obtain a supply of Lake Michigan water from the
City in accordance with its water allocation as established by the Illinois Department of Natural
Resources in its Order No. LMO-08-02, dated December 24, 2008, ("Allocation Order") to meet
the requirements of the IAWC System; and
WHEREAS, the City and IAWC now propose to enter into a new water supply agreement
("Agreement"), pursuant to which the City would continue to provide IAWC with an adequate
supply of Lake Michigan water from its sources of supply pursuant to water supply contracts with
the City of Chicago and the Northwest Water Commission; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into the Agreement with IAWC;
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: RECITALS. The foregoing recitals are incorporated into, and made a part
of, this Resolution as findings of the City Council.
SECTION 2: APPROVAL OF AGREEMENT. The City Council hereby approves the
Agreement in substantially the form attached to this Resolution as Exhibit A, and in a final form
to be approved by the General Counsel.
Page 2 of 27
2
SECTION 3: AUTHORIZATION TO EXECUTE AGREEMENT. The City Council
authorizes and directs the Mayor and the City Clerk to execute and seal, on behalf of the City, the
final Agreement only after receipt by the City Clerk of at least two original copies of the Agreement
executed by IAWC; provided, however, that if such executed copies of the Agreement are not received by
the City Clerk within 60 days after the date of adoption of this Resolution, then this authority to execute
and seal shall, at the option of the City Council, be null and void.
SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from
and after its passage and approval according to law.
PASSED this ____ day of __________________, 2020.
APPROVED this _____ day of ______________, 2020.
VOTE: AYES _____ NAYS _____ ABSENT _____
MAYOR
ATTEST: Approved as to form:
CITY CLERK Peter M. Friedman, General Counsel
DP-Resolution Approving Water Supply Agreement with Illinois-American Water Company (2020)
Page 3 of 27
WATER SUPPLY AGREEMENT
BETWEEN THE CITY OF DES PLAINES
AND ILLINOIS-AMERICAN WATER COMPANY
THIS WATER SUPPLY AGREEMENT (“Agreement”) is made and entered into as of this
1st day of June, 2020, by and between the CITY OF DES PLAINES, a home rule municipal
corporation organized and existing under the Constitution and laws of the State of Illinois
(hereinafter referred to as “Des Plaines”), and ILLINOIS-AMERICAN WATER COMPANY, an
Illinois corporation (hereinafter referred to as “IAWC”);
W I T N E S S E T H:
WHEREAS, IAWC owns and operates a public utility water system and furnishes water to
the public located in, and in the vicinity of, the corporate limits of the City of Des Plaines, Cook
County, Illinois, as described in Article I, Section 2 of this Agreement for residential, commercial,
industrial and corporate purposes (“IAWC System”); and
WHEREAS, IAWC acquired substantially all of the assets of Citizens Utilities Company of
Illinois (“Citizens”) in 2002; and
WHEREAS, Des Plaines had previously entered into that certain Water Supply Agreement
Between the City of Des Plaines and Citizens Utilities Company of Illinois, dated March 16, 1992
(“1992 Agreement”) pursuant to which Des Plaines sold to Citizens and Citizens purchased from
Des Plaines a supply of Lake Michigan water to serve the IAWC System for the period through
September 30, 2016; and
WHEREAS, Des Plaines has entered into that certain Water Supply Contract between the
City of Chicago and City of Des Plaines, dated June 28, 2001, and extended by letter agreement
dated July 2, 2010, for a period through and including December 31, 2020 (collectively, “Chicago
Contract”) for a supply of potable Lake Michigan water; and
WHEREAS, Des Plaines has entered into that certain Supplemental Water Purchase and
Sale Agreement By and Between the Northwest Water Commission and the City of Des Plaines,
dated October, 2014, as it may be amended from time to time, for a period through and including
Exhibit A Page 4 of 27
a portion of October, 2034 (“NWC Contract”) for a supply of Lake Michigan water; and
WHEREAS, IAWC desires to continue to obtain a supply of Lake Michigan water from Des
Plaines in accordance with its water allocation as established by the Illinois Department of Natural
Resources in its Order No. LMO-08-02, dated December 24, 2008, (“Allocation Order”) to meet
the requirements of the IAWC System; and
WHEREAS, pursuant to Article I, Section 2 of the 1992 Agreement, Des Plaines and IAWC
have negotiated the terms of this Agreement, pursuant to which Des Plaines would continue to
provide IAWC with an adequate supply of Lake Michigan water from its sources of supply pursuant
to the Chicago Contract and the NWC Contract; and
WHEREAS, the City of Chicago has reviewed and has approved the sale and delivery of
water by Des Plaines to IAWC; and
WHEREAS, Northwest Water Commission has also authorized the provision of water
service outside of the Des Plaines city limits to existing Des Plaines customers (including IAWC);
and
NOW, THEREFORE, for and in consideration of the foregoing and of the mutual
covenants and agreements herein contained, the parties hereby agree as follows:
ARTICLE I
SCOPE OF AGREEMENT; WATER SUPPLY; TERM
Section 1 - Background
The foregoing recitals are incorporated in and made a part of this Agreement by this
reference as though fully set forth below.
Section 2 - Lake Michigan Water Requirements
1. Subject to the terms and conditions set forth in this Agreement, Des Plaines shall
deliver and sell to IAWC, and IAWC shall purchase and receive from Des Plaines, IAWC’s total
supply of Lake Michigan water in order to accommodate the residential, commercial, industrial
and corporate water requirements within (A) IAWC’s certificated service area known as the
Exhibit A Page 5 of 27
Waycinden Service Area and shown on the “WAYCINDEN” Plan revised 6/17/1983, which is
Exhibit A attached to and made a part of this Agreement, and (B) such areas adjacent to the
Waycinden Service Area located outside the Des Plaines corporate limits that may be certificated
by the Illinois Commerce Commission (“ICC”) and added to the Waycinden Service Area from time
to time, as shown on the “Certificated Area Drawing-IAWC Waycinden,” prepared by IAWC, which
is Exhibit B attached to and made a part of this Agreement. IAWC shall not sell, furnish or give
away water to or for customers outside the Waycinden Service Area, as that area is described or
as it may be described in the future and agreed to between the parties.
2. To the extent required by IAWC, Des Plaines shall furnish and deliver the below
listed Lake Michigan water quantities, except for emergencies described in Article II, Section 3,
of this Agreement. Lake Michigan water quantities for annual periods other than those shown will
be established by straight line interpolation. These quantities of water may be adjusted by Des
Plaines if the State of Illinois, Department of Natural Resources (i) makes any future revisions of
the Allocation Order related to the Waycinden Service Area of IAWC or (ii) extends the Allocation
Order or issues a future order for years commencing October 1, 2030 or thereafter.
ACCOUNTING PERIOD AVERAGE MAXIMUM DAILY
QUANTITY
[MGD 1] QUANTITY [MGD]
October 1, 2019 - September 30, 2020 0.714 1.428
October 1, 2020 - September 30, 2021 0.714 1.428
October 1, 2021 - September 30, 2022 0.714 1.428
October 1, 2022 - September 30, 2023 0.714 1.428
October 1, 2023 - September 30, 2024 0.714 1.428
October 1, 2024 - September 30, 2025 0.714 1.428
October 1, 2025 - September 30, 2026 0.714 1.428
October 1, 2026 - September 30, 2027 0.714 1.428
October 1, 2027 - September 30, 2028 0.714 1.428
October 1, 2028 - September 30, 2029 0.714 1.428
October 1, 2029 - September 30, 2030 0.714 1.428
3. The quantity of Lake Michigan water furnished by Des Plaines to IAWC in any one
accounting period may be up to 15 percent greater than that shown as the average for the
1 Million gallons per day.
Exhibit A Page 6 of 27
respective twelve-month accounting period.
Section 3 - Term and Renewal of Agreement
1. Des Plaines shall deliver Lake Michigan water pursuant to this Agreement for the
period commencing on the first day of the month following the execution of this Agreement through
November 30, 2024. This term is, however, subject to continuation, extension or renewal of the
Chicago Contract and the NWC Contract; provided, however, that Des Plaines agrees that should
either its Chicago Contract or NWC Contract, or both, be terminated during the term, and a new
water service contract for Lake Michigan water be entered into with a third party at any point
during such term, then Des Plaines will offer to provide Lake Michigan water to IAWC subject to
the terms of Des Plaines’ agreement with the third party. If either the Chicago Contract or the
NWC Contract is terminated and not renewed, Des Plaines reserves the right to reduce the
quantity of water it provides to IAWC.
2. Des Plaines and IAWC shall commence negotiations to continue, extend, or renew
this Agreement no later than eighteen months prior to November 30, 2024. Otherwise this
Agreement shall be considered terminated at the end of the day on November 30, 2024.
3. No officer, official or agent of Des Plaines has the power to amend, modify or revise
this Agreement or waive any of its conditions as to bind Des Plaines by making any promise or
representation not contained in this Agreement. Any said amendment, modification or revision to
this Agreement shall be set forth in writing and shall not be effective unless approved by the
corporate authorities of Des Plaines and accepted by IAWC in writing.
Section 4 - Emergency Water Service
1. IAWC may enter into an emergency water service agreement with any other
person, corporation, firm, municipality, or utility for the purpose of obtaining or providing water in
the event that there is a partial or total failure by Des Plaines to supply the quantities called for in
Article I, Section 2, or in the event that the Lake Michigan water supply from Des Plaines becomes
contaminated. IAWC shall notify Des Plaines at least 45 days prior to entering into such an
Exhibit A Page 7 of 27
agreement, which notice shall include a copy of the proposed agreement, and IAWC shall not
enter into such agreement without Des Plaines’ prior written approval.
2. IAWC and Des Plaines acknowledge that IAWC has a point of interconnection
with Mount Prospect, as shown on Exhibit A, which interconnection existed prior to the 1992
Agreement between IAWC and Des Plaines and for which IAWC is unable to locate any written
agreement. Any proposed emergency water service agreement between IAWC and Mount
Prospect is subject to this Article I, Section 4.
3. IAWC shall notify Des Plaines prior to operating or using any water
interconnections with any other entity.
Section 5 - Applicability of Water Supply Contract between City of Chicago and City of Des
Plaines and Supplemental Water Purchase and Sale Agreement Between Northwest Water
Commission and City of Des Plaines
Subject to the provisions of Article I, Section 3, above, Des Plaines and IAWC agree that
all rights of IAWC herein shall be subject to the terms and conditions of the Chicago Contract and
the NWC Contract; provided, however, that the ICC approves such rate and tariff changes as may
be requested by IAWC as a result of any amendments or extensions to the Chicago Contract and
the NWC Contract, and further provided that such amendments or extensions do not contravene
this Agreement. Des Plaines shall have the right to intervene in and protest any such ICC rate
and tariff requests, and to appeal any ICC action thereon.
Section 6 - Water Service Delivery
1. IAWC has previously designed, constructed and installed, or caused to be
designed, constructed or installed, a meter vault and connecting water main to connect to Des
Plaines’ adjacent 12-inch water main, as well as appurtenances and a water meter, at IAWC’s
site on Dempster Street at Beau Drive (“Delivery Site”). The metering vault and connecting water
main shall be owned by IAWC, subject to the approval by Des Plaines, and maintained, repaired
and replaced by IAWC at IAWC’s sole cost and expense.
Exhibit A Page 8 of 27
2. IAWC has replaced the meter located at the Delivery Site prior to the date of this
Agreement with a new six-inch Sensus Omni T2 water meter, with associated automatic meter
reading equipment (“New Meter”), at the location depicted in the plan entitled “Booster Pump
Station, Waycinden Lake Water, Des Plaines, Illinois,” prepared by Engineered Fluid, Inc., dated
1992, attached to and made a part of this Agreement as Exhibit C, at IAWC’s sole cost and
expense. The New Meter is installed and in place in the existing meter vault and booster station
at the Delivery Site. IAWC shall transfer title to the New Meter by bill of sale prepared and
delivered by IAWC to Des Plaines within 30 days following the date of execution of this
Agreement.
3. IAWC shall provide and install a new, first quality replacement meter at the Delivery
Site from time to time during the term of this Agreement and any extension or renewal thereof
(each a “Replacement Meter”) with the first replacement not later than December 31, 2026 and
every ten years thereafter. IAWC shall provide all necessary drawings and specifications for the
construction of each Replacement Meter to Des Plaines for review and comment; upon approval
of the drawings and specifications and completion of installation of the Replacement Meter, Des
Plaines shall furnish and deliver Lake Michigan water to IAWC at the Point of Delivery. Following
completion and acceptance by Des Plaines, all water delivered to IAWC under this Contract shall
continue to be delivered through the Replacement Meter.
4. The point at which water is considered delivered from Des Plaines to IAWC shall
be the downstream edge of the New Meter, as depicted on Exhibit C, or any Replacement Meter,
to be referred to as the Point of Delivery. Title to the water shall transfer from Des Plaines to IAWC
at the Point of Delivery.
5. Water will be delivered by Des Plaines to the Delivery Point at a pressure
exceeding 30 p.s.i., but less than 60 p.s.i.
6. Lake Michigan water delivered at IAWC’s Point of Delivery shall be clear, potable
Exhibit A Page 9 of 27
water, safe for human consumption, meeting drinking water standards of the Illinois Pollution
Control Board and the United States Environmental Protection Agency (“EPA”).
ARTICLE II
TECHNICAL PROVISIONS
Section 1 - Measurement of Lake Michigan Water
All Lake Michigan water furnished and delivered by Des Plaines to IAWC shall be
measured by the New Meter located at the Delivery Site. All flow will be measured in units of 100
cubic feet (“ccf”) or parts thereof.
Section 2 - Meter Tests, Repair and Replacement
1. In the event that, the New Meter, or any Replacement Meter or other future meter,
installed for measuring the quantity of Lake Michigan water delivered to IAWC fails to register,
the parties shall determine the period of time during which any such meter failed to register and
the quantity of Lake Michigan water delivered through such meter during such period. An
appropriate adjustment shall be made in the amount billed to IAWC.
2. The existing meter, the New Meter, or any Replacement Meter or other future
meter installed for measuring the quantity of Lake Michigan water delivered to IAWC shall be
tested for accuracy every twelve (12) months at IAWC’s expense. Either party shall, at its own
expense, have the right, upon written notice to the other, but no more frequently than once within
any thirty (30) day period, to demand and have a test made of the accuracy of the then-current
meter installed for measuring the quantity of Lake Michigan water delivered to IAWC. Tests
performed pursuant to this Section shall be performed by a mutually agreed upon entity or
corporation, and the results of such tests shall be furnished to both Des Plaines and IAWC.
3. Any replacement or repair of any meter shall be charged to and paid by IAWC.
Said meter shall be replaced or repaired within 72 hours after notice by Des Plaines of the
reasonable need to repair or replace. If Des Plaines undertakes to repair or replace said meter,
Exhibit A Page 10 of 27
IAWC shall pay for repairs or replacement made. If any such test shows the meter to be registering
within one and one-half (1-1/2%) percent, plus or minus, of the correct quantity, it shall be
considered accurate. If any such test shows the meter to be measuring incorrectly greater than
plus or minus one and one-half percent (1-1/2%), an adjustment shall be made to the appropriate
party with respect to the amount paid or to be paid to Des Plaines for water passing through such
meter based on the difference between the correct quantity and the amount that is either above
or below the variance of one and one-half percent (1-1/2%) for one-half of the period since the
last meter test.
4. Des Plaines shall use reasonable diligence to maintain continuous SCADA
communications with all meters, and shall respond promptly to IAWC’s requests for repair and
adjustment of SCADA equipment necessary to maintain such communications in that IAWC uses
the New Meter and Replacement Meter for reporting to the Illinois Environmental Protection
Agency (“IEPA”) for operational recording and compliance.
Section 3 - Continuity of Service and Consumption
1. IAWC shall use reasonable diligence to operate the IAWC System in a manner
so as not to cause surges and backflows into the Des Plaines water system, and so that the water
pressure in the Des Plaines water system does not drop below 30 p.s.i. IAWC shall install, and
maintain in good operating condition, such backflow prevention devices as Des Plaines and IAWC
mutually agree are reasonably necessary to prevent backflow into the Des Plaines water system.
2. If Des Plaines is unable to supply the said Lake Michigan water requirements of
IAWC for any reason, IAWC may obtain additional water service from sources other than Des
Plaines for the period of time that Des Plaines cannot fulfill IAWC’s requirements. Subject to the
requirements of the Illinois Department of Natural Resources, IAWC would be allowed to retain
its deep wells to use as an emergency water supply source.
3. IAWC shall use reasonable diligence in the operation and maintenance of its
pumping and storage facilities and will not require Lake Michigan water to be supplied at a flow
Exhibit A Page 11 of 27