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20220815 Council Packet
Monday, August 15, 2022 Regular Session – 7:00 p.m. Room 102 CALL TO ORDER REGULAR SESSION ROLL CALL PRAYER PLEDGE OF ALLEGIANCE PROCLAMATION NATIONAL SENIOR CITIZENS’ DAY (AUGUST 21) PUBLIC COMMENT (matters not on the agenda) 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. RESOLUTION R-141-22: Approving a One-Year Renewal Term for Contractual Sidewalk Snow Removal with DGO Premium Services Company, Des Plaines, Illinois. Budgeted Funds – Street Maintenance – Miscellaneous Contractual Services. 2. RESOLUTION R-142-22: Approving Task Order No. 3 with G&L Contractors, Inc., Skokie, Illinois. Budgeted Funds – Street Maintenance – Miscellaneous Contractual Services. 3. RESOLUTION R-143-22: Approving, in the Best Interest of the City, a First Amendment to the 2020-2022 Tree Maintenance Contract to Landscape Concepts Management, Inc., Grayslake, Illinois per 2022 Unit Pricing Submitted. Budgeted Funds – Street Maintenance – Tree Maintenance. 4. RESOLUTION R-144-22: Approving a Contract with Crowe, LLP for Professional Audit Services for a 3- Year Term Not-to-Exceed $231,400. Budgeted Funds – General Fund. 5. RESOLUTION R-145-22: Approving the Renewal of a Multi-Year Agreement with the United States Geological Survey (USGS) for the Continued Operation and Maintenance of the River Gauge Installed on the Algonquin Road Bridge in the Not-to-Exceed Amount of $44,400. Budgeted Funds – Sewer Maintenance. 6. RESOLUTION R-123-22: Approving a Lease with Nicor for an Antenna at Golf and River Roads 7. Minutes/Regular Meeting – August 1, 2022 8. RESOLUTION R-131-22: Approving a Side Letter Agreement to the Collective Bargaining Agreement with the Des Plaines Professional Firefighters Union – International Association of Firefighters (IAFF) Local 4211 9. Minutes/Closed Session – August 1, 2022 UNFINISHED BUSINESS n/a NEW BUSINESS 1. FINANCE & ADMINISTRATION – Alderman Artur Zadrozny, Chair a. Warrant Register in the Amount of $2,661,646.89 – RESOLUTION R-146-22 2. COMMUNITY DEVELOPMENT – Alderman Malcolm Chester, Chair a. Consideration of a Resolution Supporting and Consenting to Approval of a Cook County Class 6b Incentive for the Property Located at 580 South Wolf Road – RESOLUTION R-140-22 3. LEGAL & LICENSING – Alderman Carla Brookman, Chair a. Consideration of a Resolution to Place a Public Question Via Referendum on the November 8, 2022 Ballot Regarding the Elimination of Term Limits – RESOLUTION R-147-22 | OTHER MAYOR/ALDERMEN COMMENTS FOR THE GOOD OF THE ORDER ADJOURNMENT ORDINANCES ON THE AGENDA FOR FIRST READING APPROVAL MAY ALSO, AT THE COUNCIL’S DISCRETION, BE ADOPTED FOR FINAL PASSAGE AT THE SAME MEETING. 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. OFFICE OF the MAYOR 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5301 desplaines.org Date: To: From: Cc: August 3, 2022 Aldermen Andrew Goczkowski, Mayor Michael G. Bartholomew, City Manager Subject: Proclamation At the beginning of the August 15, 2022 City Council Meeting, we will be issuing a Proclamation declaring the day of Aug. 21 as National Senior Citizens Day. MEMORANDUM Page 1 of 2 PROCLAMATION Page 2 of 2 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1111 Joseph J. Schwab Road Des Plaines, IL 60016 P: 847.391.5464 desplaines.org Date: August 4, 2022 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Tom Bueser, Superintendent of General Services Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Timothy Watkins, Assistant Director of Public Works and Engineering Subject: Contractual Sidewalk Snow Removal – Renewal Term Issue: The City has the option to renew the 2020/2021 sidewalk snow removal contract with DGO Premium Services Company for the upcoming 2022/2023 snow season. Analysis: The Public Works and Engineering Department utilizes outside contractors to provide auxiliary support for in-house staff during snow removal operations on sidewalks within the downtown and other areas. The current contract allows for two additional one-year renewal terms. This would be the second and final renewal term which would commence on November 1, 2022 and end on April 15, 2023. Public Works and Engineering staff has contacted DGO Premium Services Company and they are agreeable to the renewal term. The rates remain the same as the 2020/2021 contract. Recommendation: We recommend the one-year renewal term for Contractual Sidewalk Snow Removal contract to DGO Premium Services Company, 9214 Delphia Ave., Des Plaines, IL 60016. Funding for this contract will be from the Street Maintenance Miscellaneous Contractual Services (100-50-530-0000.6195) 2022 amount of $5,600 and 2023 requested budget amount of $75,000. Attachments: Attachment 1 - DGO Contracting, Inc. Contract Resolution R-141-22 Exhibit A – Second Renewal MEMORANDUM Page 1 of 21 CONSENT AGENDA #1. Attachment 1 Page 2 of 21 Attachment 1 Page 3 of 21 Attachment 1 Page 4 of 21 Attachment 1 Page 5 of 21 Attachment 1 Page 6 of 21 Attachment 1 Page 7 of 21 Attachment 1 Page 8 of 21 Attachment 1 Page 9 of 21 Attachment 1 Page 10 of 21 Attachment 1 Page 11 of 21 Attachment 1 Page 12 of 21 Attachment 1 Page 13 of 21 Attachment 1 Page 14 of 21 Attachment 1 Page 15 of 21 Attachment 1 Page 16 of 21 Attachment 1 Page 17 of 21 1 CITY OF DES PLAINES RESOLUTION R - 141 - 22 A RESOLUTION APPROVING THE SECOND RENEWAL OF A CONTRACT WITH DGO PREMIUM SERVICES CO. FOR SIDEWALK SNOW REMOVAL 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, on September 8, 2020, City Council adopted Resolution R-154-20, approving a one-year contract ("Contract") with DGO Premium Services Co. ("Contractor") for sidewalk snow removal work ("Work") during the 2020/2021 snow season; and WHEREAS, the Contract provides that the City and Contractor may agree to renew the Contract for up to two additional one-year terms; and WHEREAS, the City and Contractor desire renew the Contract for a second one-year term beginning November 1, 2022 and ending April 15, 2023 in the not-to-exceed amount of $150,000 ("Second Renewal"); and WHEREAS, in accordance with Section 1-10-2 of the City Code of the City of Des Plaines (“City Code”) and the City purchasing policy, the City Council has determined to waive competitive bidding for procurement of the Work; and WHEREAS, sufficient funds have been appropriated to procure the Work during the 2022 fiscal year in the Street Maintenance Miscellaneous Contractual Services Fund; and WHEREAS, the City Council has determined that it is in the best interest of the City to waive the competitive bidding requirements and approve the Second Renewal with Contractor; 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. Pursuant to Section 1-10-2 of the City Code and the City purchasing policy, the City Council hereby waives the requirement that competitive bids be solicited for the procurement of the Work by the City. SECTION 3: APPROVAL OF SECOND RENEWAL. The City Council hereby approves the Second Renewal in substantially the form attached to this Resolution as Exhibit A, and in a final form approved by the General Counsel. Page 18 of 21 2 SECTION 4: AUTHORIZATION TO EXECUTE SECOND RENEWAL. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, the final Second Renewal after receipt by the City Clerk of at least two executed copies of the Second Renewal from Contractor; provided, however, that if the City Clerk does not receive such executed copies of the Renewal from Contractor within 60 days after the date of adoption of this Resolution, then this authority to execute and seal the Second Renewal, 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 ____________, 2022. APPROVED this _____ day of _____________, 2022. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Renewal of Contract with DGO Premium Services Company for Sidewalk Snow Removal 2022-2023 Page 19 of 21 1 SECOND RENEWAL OF THE AGREEMENT WITH DGO PREMIUM SERVICES COMPANY FOR SIDEWALK SNOW REMOVAL SERVICES THIS SECOND RENEWAL is made and entered into as of the _____ day of ___________, 2022, by and between the City of Des Plaines, an Illinois home rule municipal corporation (“City”), and DGO Premium Services Company ("Contractor"). In consideration of the recitals and mutual covenants and agreements set forth in this Second 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 Contractor entered into that certain "Contract for Contractual Sidewalk Snow Removal" dated September 8, 2020 ("Agreement"), pursuant to which Agreement the Contractor agreed to perform certain snow and ice removal services for the City ("Services"). B. Section 3 of the Agreement states that that the initial term of the Agreement began November 1, 2020 and ends April 15, 2021. C.Section 3 of the Agreement provides that the Agreement may be renewed for two additional one-year renewal terms. D.On September 7, 2021, the Owner and the Contractor renewed the Contract for a one-year renewal term that terminated on April 15, 2022 ("First Renewal"). E.The City and Contractor desire to renew the Agreement for an additional one- year renewal term that will begin on November 1, 2022 and terminate on April 15, 2023 ("Second Renewal Term") in accordance with the provisions, terms, and conditions of this Second Renewal. F.Contractor has agreed to charge the City the same rates during the Renewal Term for the Services as set forth in the Schedule of Prices attached to the Agreement as Exhibit C (“Schedule of Prices”). Section 2. Definitions. All capitalized words and phrases used throughout this Second Renewal have the meanings set forth in the various provisions of this Second Renewal. If a word or phrase is not specifically defined in this Second Renewal, it has the same meaning as in the Agreement. Section 3. Second Renewal of the Agreement. Pursuant to Section 3 the Agreement, the City and the Contractor hereby renew the Agreement for the Renewal Term. During the Renewal Term, the City will pay the Contractor for the Services in accordance with the Schedule of Prices. Section 4. Effect. All terms, conditions and provisions of the Agreement that are not specifically amended, modified, or supplemented by this Second Renewal shall 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 and the text of this Second Renewal, the text of this Second Renewal shall control. Exhibit A Page 20 of 21 IN WITNESS WHEREOF, the parties have caused this Second Renewal to be executed by their duly authorized representatives. CITY OF DES PLAINES By: _____________ _ Michael G. B artholomew, City Manager Date: ____________ _ ATTEST: By: ___________ _ Jessica Mastalski, City Clerk Date:. ____________ _ 2 DGO PREMIUM SERVICES COMPANY Date: Ot / 19 / /J..OJ..J_I WITNESS: By:---+-)r+---------A-"-Av-........___..,.,-0 I� Date: _ ___,O"--'-"=J+J ...... , ..... q-t-/66,...0 ...... 2......_Z _____ _ r J Exhibit A Page 21 of 21 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1111 Joseph J. Schwab Road Des Plaines, IL 60016 P: 847.391.5464 desplaines.org Date: August 4, 2022 To: Mike Bartholomew, MCP, LEED-AP, City Manager From: Tom Bueser, Superintendent of General Services Joe Coons, Superintendent Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Timothy Watkins, Assistant Director of Public Works and Engineering Subject: Task Order #3, G&L Contractors, Inc. Issue: The City has a Professional Services Master Contract with G&L Contractors, Inc. for snow plowing services. Each task order requires City Council approval. Analysis: The Public Works and Engineering Department utilizes outside contractors to provide auxiliary support for in-house staff during snow removal operations on City maintained roads. The master contract includes dead end streets and cul de sacs in the Fourth, Seventh and Eighth Wards. The Public Works and Engineering staff has contacted G & L Contractors, who performed well during the last seven years of the contract. The company will have an approximately 7.6% increase in pricing from the previous year. G&L Contractor’s maintenance staff has knowledge of the City’s routes, department expectations for this public safety service, and has shown reliable response and results to scheduled and emergency calls. Recommendation: We recommend in the best interest of the City, that the City Council approve Task Order #3 with G&L Contractors, Inc., 7401 North St. Louis Avenue, Skokie, Illinois, 60076. Funding for this contract will be from the Street Maintenance Miscellaneous Contractual Services (100-50-530-0000.6195) 2022 remaining amount of $53,429 and 2023 requested budget amount of $100,000. Attachments: Resolution R-142-22 Exhibit A – Task Order #3 MEMORANDUM Page 1 of 12 CONSENT AGENDA #2. 1 CITY OF DES PLAINES RESOLUTION R - 142 - 22 A RESOLUTION APPROVING TASK ORDER NO. 3 WITH G&L CONTRACTORS, INC. FOR SNOW PLOWING 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, on August 17, 2020, the City Council approved Resolution R-146-20, which authorized the City to enter into a master contract ("Master Contract") with G&L Contractors, Inc. ("Contractor") to perform snow plowing services for the City as such services are needed over time ("Plowing Services") pursuant to task orders issued by the City in accordance with the Master Contract; and WHEREAS, Contractor submitted a proposal in the not-to-exceed amount of $100,000 to perform the Plowing Services for the 2022/2023 snow season; and WHEREAS, the City has a positive existing relationship with the Contractor, the Contractor having satisfactorily performed Plowing Services for the City in the past; and WHEREAS, the City desires to enter into Task Order No. 3 under the Master Contract for the procurement of the Plowing Services from Contractor in the not-to-exceed amount of $100,000 ("Task Order No. 3"); and WHEREAS, the City has sufficient funds in the Street Maintenance Miscellaneous Contractual Services Fund for the procurement of the Plowing Services from Contractor; and WHEREAS, the City Council has determined that it is in the best interest of the City to waive the competitive bidding requirements in the City Code and enter into and Task Order No. 3 with Contractor; 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 procurement of the Construction Services is hereby waived. Page 2 of 12 2 SECTION 3: APPROVAL OF TASK ORDER NO. 3. The City Council hereby approves Task Order No. 3 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: AUTHORIZATION TO EXECUTE TASK ORDER NO. 3. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, final Task Order No. 3 only after receipt by the City Clerk of at least one executed copy of final Task Order No. 3 from Contractor; provided, however, that if the City Clerk does not receive one executed copy of final Task Order No. 3 from Contractor within 60 days after the date of adoption of this Resolution, then this authority to execute and seal final Task Order No. 3 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 __________________, 2022. APPROVED this _____ day of ______________, 2022. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Task Order No. 3 with G&L Contractors for Snow Plowing Services Page 3 of 12 Exhibit A Page 4 of 12 Exhibit A Page 5 of 12 Exhibit A Page 6 of 12 Exhibit A Page 7 of 12 Exhibit A Page 8 of 12 Exhibit A Page 9 of 12 Exhibit A Page 10 of 12 Exhibit A Page 11 of 12 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: August 4, 2022 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Tom Bueser, Superintendent of General Services Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Timothy Watkins, Assistant Director of Public Works and Engineering Subject: Approve First Amendment to the Tree Maintenance Contract 2020-2022 Issue: The current Tree Maintenance contract expires on December 31, 2022. Analysis: The Public Works and Engineering Department utilizes outside contractors to provide tree maintenance services including tree pruning, removal, stump grinding, brush chipping, and emergency services as needed. This service was competitively bid in 2019 with award to Landscape Concepts Management, Inc. who have performed well throughout the contract thus far. With the current contract set to expire Public Works staff reached out to communities to inquire on pricing trends for their recently opened tree maintenance bids. Feedback from these communities shows an increase in operational costs for tree maintenance bids in the range of 20% to 35% with low bid pricing and as much as 50% for other bids received. Before putting this contract out to bid for 2023, staff reached out to Landscape Concepts Management to inquire if they would be willing to add an additional contract year at current pricing. Landscape Concepts Management is willing to add another year at current 2022 pricing. Recommendation: We recommend, in the best interests of the City, approval of the first amendment to the Tree Maintenance 2020-2022 contract to Landscape Concepts Management, Inc., 31745 N. Alleghany Rd., Grayslake, IL 60030 pursuant to 2022 unit pricing. This contract will be funded from the Streets Maintenance account for Tree Maintenance: 100-50-530-0000.6170 for proposed 2023 budget amount of $500,000. Attachments: Attachment 1 – Landscape Concepts Management, Inc. Contract Resolution R-143-22 Exhibit A – First Amendment to the Contract MEMORANDUM Page 1 of 26 CONSENT AGENDA #3. Attachment 1 Page 2 of 26 Attachment 1 Page 3 of 26 Attachment 1 Page 4 of 26 Attachment 1 Page 5 of 26 Attachment 1 Page 6 of 26 Attachment 1 Page 7 of 26 Attachment 1 Page 8 of 26 Attachment 1 Page 9 of 26 Attachment 1 Page 10 of 26 Attachment 1 Page 11 of 26 Attachment 1 Page 12 of 26 Attachment 1 Page 13 of 26 Attachment 1 Page 14 of 26 Attachment 1 Page 15 of 26 Attachment 1 Page 16 of 26 Attachment 1 Page 17 of 26 Attachment 1 Page 18 of 26 Attachment 1 Page 19 of 26 Attachment 1 Page 20 of 26 Attachment 1 Page 21 of 26 Attachment 1 Page 22 of 26 1 CITY OF DES PLAINES RESOLUTION R - 143 - 22 A RESOLUTION APPROVING A FIRST AMENDMENT TO THE CONTRACT WITH LANDSCAPE CONCEPT MANAGAGEMENT, INC. FOR TREE MAINTENANCE 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, in 2019, the City Council approved a three-year contract ("Contract") with Landscape Concept Management, Inc. ("Contractor") for tree maintenance services ("Services"), which Contract expires on December 31, 2022; and WHEREAS, Contractor and the City have a positive relationship, Contractor having performed the Services over the term of the Contract in a manner satisfactory to the City; and WHEREAS, Contractor has agreed to perform the Services for one additional year at the same rates set forth in the Contract; and WHEREAS, the City desires to amend the Contract to extend the term of the Contract for an additional year ending December 31, 2023 at the rates set forth in the Contract and in an amount not-to-exceed $500,000 ("First Amendment"); and WHEREAS, the City has appropriated sufficient funds for the procurement of the Services from Contractor pursuant to the First Amendment; and WHEREAS, the City Council has determined that it is in the best interest of the City and the public to waive the competitive bidding requirements in the City Code and approve the First Amendment to the Contract with Contractor; 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 procurement of the Services is hereby waived. Page 23 of 26 2 SECTION 3: APPROVAL OF FIRST AMENDMENT. The City Council hereby approves the First Amendment to the Contract with Contractor 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: AUTHORIZATION TO EXECUTE FIRST AMENDMENT. The City Council hereby authorizes and directs the City Manager to execute, on behalf of the City, the final First Amendment only after receipt by the City Clerk of at least two executed copies of the First Amendment from Contractor; provided, however, that if the City Clerk does not receive two executed copies of the First Amendment from Contractor within 60 days after the date of adoption of this Resolution, then this authority to execute and seal the First Amendment will, 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 ____________, 2022. APPROVED this _____ day of _____________, 2022. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel Page 24 of 26 FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DES PLAINES AND LANDSCAPE CONCEPTS MANAGEMENT, INC., FOR TREE MAINTENANCE THIS FIRST AMENDMENT is made and entered into as of the __ day of _________, 2022, by and between the City of Des Plaines, an Illinois home rule municipal corporation (“City”), and Landscape Concepts Management, Inc., an Illinois corporation ("Contractor"). In consideration of the recitals and mutual covenants and agreements set forth in this First Amendment, the receipt and sufficiency of which are hereby acknowledged and agreed, the parties agree as follows: SECTION 1. RECITALS. A.The City and the Contractor entered into a contract for tree maintenance services dated as of October 25, 2019 ( “Contract”). B.Pursuant to the Contract, the City agreed to procure from the Contractor certain tree maintenance services ("Services"), and the Contractor agreed to perform the Services for the City. C.The initial term of the Contract commenced on January 1, 2020, and terminates on December 31, 2022 (“Term”). D. The City and the Contractor desire to amend the Contract to extend the Term for an additional year until December 31, 2023 at the current rates set forth in the Contract, and in the total amount not-to-exceed $500,000. SECTION 2. DEFINITIONS; RULES OF CONSTRUCTION. A.Definitions. All initial-capitalized words and phrases used throughout this First Amendment have the meanings set forth in the various provisions of this First Amendment. If a word or phrase is not specifically defined in this First Amendment, it has the same meaning as in the Contract and the Renewal. B.Rules of Construction. Except as specifically provided in this First Amendment, all terms, provisions and requirements contained in the Contract and the Renewal remain unchanged and in full force and effect. In the event of a conflict between the text of the Contract or the Renewal and the text of this First Amendment, the text of this First Amendment controls. SECTION 3. EXTENSION OF TERM. The City and the Contractor hereby amend Section 3 of the Contract to amend and extend the Term for an additional year. The Term, as amended and extended by this Section 3, shall terminate on December 31, 2023 (“Extended Term”). Except as otherwise provided in this First Amendment, the City and the Vendor affirm all of the terms of the Contract, including Tree Maintenance Schedule of Prices, which terms shall be in full force and effect for the duration of the Extended Term. Exhibit A Page 25 of 26 Exhibit A Page 26 of 26 Finance Department 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5300 desplaines.org Date: August 3, 2022 To: Michael G. Bartholomew, City Manager From: Dorothy Wisniewski, Assistant City Manager / Director of Finance Subject: Professional Auditing Services Issue: For the City Council to consider the renewal of the Audit contract with Crowe LLP for the years 2022 through 2024. Analysis: The City is required by State Statute to have an audit conducted over its financial statements on an annual basis. This audit is to be conducted by a State licensed CPA firm and the City’s current contract with Crowe LLP ended with the completion of the fiscal year 2021. The Government Finance Officers Association (GFOA) recommends that governmental entities enter into multi-year agreements with an audit firm as they allow for greater continuity and help minimize the potential for disruption in connection with the independent audit. Multiyear agreements can also help reduce audit costs by allowing auditors to recover certain “startup” costs over several years. Over the past 11 years Crowe has done an outstanding job in terms of the audit services provided. Beginning with the 2014 Audit, Crowe had an audit partner rotation on the City’s engagement which allows for a separate individual to review and sign off on the annual audit. Additionally, the firm has many experts on hand that handle a variety of questions that may arise in the taxability area of payroll and various IRS regulations that may be imposed which assist the City in staying abreast of the current developments. The result of the annual audit is the publishing and filing of the City's Annual Comprehensive Financial Report (ACFR). The ACFR is a standard format financial report utilized by bond rating agencies as well as other State and Federal regulators. There are four other required reports that the auditors prepare annually. 1.Federal single audit is required if the City spends more than $500,000 in Federal funding (e.g., CDBG, law enforcement grants, and flood assistance.) 2.Special audit conducted on the Tax Increment Financing Districts (TIF) funds. 3.Annual Financial Report (AFR) submitted to the State Comptroller. 4.Consolidated Year End Financial Report (CYEFR) submitted as part of the overall Grant Accountability Transparency Act (GATA) which is a new requirement beginning with the 2018 filing. The Des Plaines Public Library is a component unit of the City and its financial information is included in the City’s Annual ACFR. The fee for this service, for the fiscal year ending December 2021, was $67,500 MEMORANDUM Page 1 of 20 CONSENT AGENDA #4. and has increased to $72,200 due to the required new reporting in addition to a slight increase on the remaining required financial reports. The following chart provides the fees for the annual audit that would be conducted for years 2022 through 2024: 2022 2023 2024 ACFR $ 53,200 $ 56,900 $ 60,900 Single Audit Report 6,700 7,100 7,600 TIF Compliance Letter 3,400 3,600 3,800 AFR 1,300 1,300 1,400 CYEFR 2,200 2,300 2,500 Sub-total for City $ 66,800 $ 76,200 $ 71,200 Library $ 5,400 $ 5,700 $ 6,100 Total $ 72,200 $ 76,900 $ 82,300 Recommendation: I recommend that the City Council approve the Resolution to enter into a contract with Crowe LLP located at One Mid America Plaza, Suite 700, Post Office Box 3697, Oak Brook, Illinois 60522-3697 to perform the auditing services for the City of Des Plaines and the Des Plaines Public Library for fiscal years 2022, 2023 and 2024. Attachments: Attachment 1 – Resolution R-144-22 Exhibit A – Contract with Crowe LLP Page 2 of 20 {00127695.1} 1 CITY OF DES PLAINES RESOLUTION R - 144 - 22 A RESOLUTION APPROVING A CONTRACT WITH CROWE LLP FOR PROFESSIONAL AUDIT 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, the City desires to procure professional auditing services to conduct an audit over its financial statement on an annual basis as required by State law ("Audit Services"); and WHEREAS, in accordance with Chapter 10 of Title 1 of the City Code of the City of Des Plaines and the City purchasing policy, City staff has determined that the procurement of the Audit Services does not require competitive bidding because the Audit Services require a high degree of professional skill and judgment where the ability or fitness of the individual plays an important part; and WHEREAS, the City has an existing relationship with Crowe LLP ("Consultant"), which has satisfactorily performed Audit Services for the City in the past; and WHEREAS, the City requested a proposal from Consultant, to perform Audit Services for the City on an annual basis for the years 2022 through 2024; and WHEREAS, Consultant submitted a proposal in the total not-to-exceed amount of $231,400 to perform the Audit Services for the years 2022 through 2024; and WHEREAS, the City desires to enter into a Contract for the procurement of the Audit Services for years 2022 through 2024 from Consultant in the total not-to-exceed amount of $231,400 ("Contract"); and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Contract with Consultant; 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 CONTRACT. The City Council hereby approves the Contract in the total not-to-exceed amount of $231,400, in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the General Counsel. Attachment 1 Page 3 of 20 {00127695.1} 2 SECTION 3: AUTHORIZATION TO EXECUTE CONTRACT. The City Council hereby authorizes and directs the City Manager and the City Clerk to execute and seal, on behalf of the City, final Contract only after receipt by the City Clerk of at least one executed copy of final Contract from Consultant; provided, however, that if the City Clerk does not receive one executed copy of final Contract from Consultant within 60 days after the date of adoption of this Resolution, then this authority to execute and seal final Contract 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 ____________, 2022. APPROVED this _____ day of _____________, 2022. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Contract with Crowe Horwath for Professional Audit Services 2022-2024 Attachment 1 Page 4 of 20 Crowe LLP Independent Member Crowe Global One Mid America Plaza, Suite 700 Oakbrook Terrace, IL 60181 Tel +1 630 574 7878 Fax +1 630 574 1608 www.crowe.com July 27, 2022 Management, the Honorable Mayor, and the City Council City of Des Plaines 1420 Miner Street Des Plaines, Illinois 60016 This letter confirms the arrangements for Crowe LLP (“Crowe” or “us” or “we” or “our”) to provide the professional services discussed in this letter to the City of Des Plaines (“you”, “your” or “Client”). The attached Crowe Engagement Terms, and any other attachments thereto, are integral parts of this letter, and such terms are incorporated herein. AUDIT SERVICES Our Responsibilities We will audit and report on the financial statements of the Client for the year ending December 31, 2022. We will audit and report on the financial statements of the governmental activities, the business-type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements of the Client for the period(s) indicated. In addition to our report on the financial statements, we plan to evaluate the presentation of the following supplementary information in relation to the financial statements as a whole, and to report on whether this supplementary information is fairly stated, in all material respects, in relation to the financial statements as a whole. Schedule of Expenditures of Federal Awards Combining and Individual Fund Financial Statements and Schedules Illinois Grant Accountability and Transparency Act – Consolidated Year End Financial Report In addition to our report on the financial statements, we also plan to perform specified procedures in order to describe in our report whether the following required supplementary information is presented in accordance with applicable guidelines. However, we will not express an opinion or provide any assurance on this information due to our limited procedures. Management’s Discussion and Analysis Budgetary Comparison Schedules Schedule of Changes in Total OPEB Liability and Related Ratios Schedule of Changes in Net Pension Liability and Related Ratios Schedule of Contributions Schedule of Investment Rate of Return Exhibit A Page 5 of 20 City of Des Plaines 2 July 27, 2022 The document will also include the following additional information that will not be subjected to the auditing procedures applied in our audit of the financial statements, and for which our auditor’s report will disclaim an opinion: Introductory Section of the Comprehensive Annual Financial Report Statistical Section of the Comprehensive Annual Financial Report 2021 comparative actual amounts on the individual fund financial statements and schedules Continuing Disclosure – Annual Financial Information The objective of the audit is the expression of an opinion on the financial statements. We will plan and perform the audit in accordance with auditing standards generally accepted in the United States of America, the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards require that we obtain reasonable, rather than absolute, assurance about whether the financial statements are free of material misstatement whether caused by error or fraud, and that we report on the Schedule of Expenditures of Federal Awards (as noted above), and on your compliance with laws and regulations and on its internal controls as required for a Single Audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements is considered material if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the entity's compliance with the requirements of the federal programs as a whole. Because of inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some material misstatements may not be detected exists, even though the audit is properly planned and performed in accordance with applicable standards. An audit is not designed to detect error or fraud that is immaterial to the financial statements. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment including the assessment of the risks that the financial statements could be misstated by an amount that we believe would influence the judgment made by a reasonable user of these financial statements. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. As required by the standards, we will maintain professional skepticism throughout the audit. In making our risk assessments, we obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances but not for the purpose of expressing an opinion on the effectiveness of the Client’s internal control. However, we will communicate in writing to those charged with governance and management concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit. We will communicate to management other deficiencies in internal control identified during the audit that have not been communicated to management by other parties and that, in our professional judgment, are of sufficient importance to merit management’s attention. We will also communicate certain matters related to the conduct of the audit to those charged with governance, including (1) fraud involving senior management, and fraud (whether caused by senior management or other employees) that causes a material misstatement of the financial statements, (2) illegal acts that come to our attention (unless they are clearly inconsequential) (3) disagreements with management and other significant difficulties encountered in performing the audit and (4) various matters related to the Client‘s accounting policies and financial statements. Our engagement is not designed to address legal or regulatory matters, which matters should be discussed by you with your legal counsel. Exhibit A Page 6 of 20 City of Des Plaines 3 July 27, 2022 As part of our audit, we will conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the Client's ability to continue as a going concern for a reasonable period of time. We expect to issue a written report upon completion of our audit of the Client’s financial statements. Our report will be addressed to the Honorable Mayor and the City Council of the Client. Circumstances may arise in which it is necessary for us to modify our opinion, add an emphasis of matter or other matter paragraph or a separate section in the auditor's report, or withdraw from the engagement. In addition to our report on the financial statements and supplemental information, we plan to issue the following reports: Independent Auditor’s Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards — The purpose of this report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Client’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Independent Auditor’s Report on Compliance for Each Major Federal Program and Report on Internal Control Over Compliance -- The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose. We will also perform tests of controls including testing underlying transactions, as required by the Uniform Guidance, to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each of your major federal awards programs. We will determine major programs in accordance with the Uniform Guidance. Our tests will be less in scope than would be necessary to render an opinion on these controls and, accordingly, no opinion will be expressed. We will inform you of any non-reportable conditions or other matters involving internal control, if any, as required by the Uniform Guidance. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will also perform tests of your compliance with applicable laws, regulations, contracts and grants. However, because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that material errors, irregularities, or illegal acts, including fraud or defalcations, may exist and not be detected by us. However, the objective of our audit of compliance relative to the financial statements will not be to provide an opinion on overall compliance with such provisions, and we will not express such an opinion. We will advise you, however, of any matters of that nature that come to our attention, unless they are clearly inconsequential. The Uniform Guidance requires that we plan and perform the audit to obtain reasonable assurance about whether you have complied with certain provisions of laws, regulations, contracts and grants. Our procedures will consist of the applicable procedures described in the United States Office of Management and Budget (OMB) Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of your major programs. The purpose of our audit will be to express an opinion on your compliance with requirements applicable to major Federal award programs. Because an audit is designed to provide reasonable assurance, but not absolute assurance, the audit is not designed to detect immaterial violations or instances of noncompliance. Our audit and work product are intended for the benefit and use of the Client only. The audit will not be planned or conducted in contemplation of reliance by any other party or with respect to any specific transaction and is not intended to benefit or influence any other party. Therefore, items of possible Exhibit A Page 7 of 20 City of Des Plaines 4 July 27, 2022 interest to a third party may not be specifically addressed or matters may exist that could be assessed differently by a third party. The working papers for this engagement are the property of Crowe and constitute confidential information. However, we may be requested to make certain working papers available to your oversight agency or grantors pursuant to authority given to them by law, regulation, or contract. If requested, access to such working papers will be provided under the supervision of our personnel. Furthermore, upon request, we may provide photocopies of selected working papers to your oversight agency or grantors. The working papers for this engagement will be retained for a minimum of three years after the date our report is issued or for any additional period requested by the oversight agency or pass-through entity. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party contesting the audit finding for guidance prior to destroying the working papers. Government Auditing Standards require that we provide you with a copy of our most recent peer review report, which accompanies this letter. The Client’s Responsibilities The Client’s management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America. Management is also responsible for the design, implementation and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to error or fraud. The Client’s management is also responsible for complying with applicable laws, regulations, contracts and grants and such responsibility extends to identifying the requirements and designing internal control policies and procedures to provide reasonable assurance that compliance is achieved. Management has the responsibility to make Crowe aware of significant contractor relationships in which the contractor is responsible for program compliance. Client's management is responsible for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts, and grant agreements that the auditor reports. Additionally, it is management’s responsibility to follow up and take corrective action on reported audit findings, to establish and maintain a process for tracking the status of findings and recommendations, and to prepare a summary schedule of prior audit findings, which should be available for our review, and a corrective action plan. Management has the responsibility to adopt sound accounting policies, maintain an adequate and efficient accounting system, to safeguard assets, and to design and implement programs and controls to prevent and detect fraud. Management’s judgments are typically based on its knowledge and experience about past and current events and its expected courses of action. Management’s responsibility for financial reporting includes establishing a process to prepare the accounting estimates included in the financial statements and to devise policies to ensure that the Client complies with applicable laws and regulations. In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the Client's ability to continue as a going concern for one year after the date the Financial Statements are made available to be issued. Management is responsible for providing to us, on a timely basis, all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, and other matters. Management is also responsible for providing such other additional information we may request for the purpose of the audit, and unrestricted access to persons within the Client from whom we determine it necessary to obtain audit evidence. Additionally, those charged with governance are responsible for informing us of their views about the risks of fraud within the Client, and their knowledge of any fraud or suspected fraud affecting the Client. Exhibit A Page 8 of 20 City of Des Plaines 5 July 27, 2022 Management is responsible for adjusting the financial statements to correct material misstatements related to accounts or disclosures. As part of our audit process, we will request from management written confirmation concerning representations made to us in connection with the audit, including that the effects of any uncorrected misstatements aggregated by us during the audit are immaterial, both individually and in the aggregate, to the financial statements, and to the Client’s compliance with the requirements of its Federal programs. Management acknowledges the importance of management’s representations and responses to our inquiries, and that they will be utilized as part of the evidential matter we will rely on in forming our opinion. Because of the importance of such information to our engagement, you agree to waive any claim against Crowe and its personnel for any liability and costs relating to or arising from any inaccuracy or incompleteness of information provided to us for purposes of this engagement. Management is responsible for the preparation of the supplementary information identified above in accordance with the applicable criteria. As part of our audit process, we will request from management certain written representations regarding management’s responsibilities in relation to the supplementary information presented, including but not limited to its fair presentation in accordance with the applicable criteria, the method of measurement and presentation and any significant assumptions or interpretations underlying the supplementary information. In addition, it is management’s responsibility to include the auditor’s report on supplementary information in any document that contains the supplementary information and that indicates that we have reported on such supplementary information. It is also management’s responsibility to present the supplementary information with the audited financial statements or, if the supplementary information will not be presented with the audited financial statements, to make the audited financial statements readily available to the intended users of the supplementary information no later than the date of issuance by Client of the supplementary information and the auditor’s report thereon. Management is responsible for the preparation of the required supplementary information identified above in accordance with the applicable guidelines. We will request from management certain written representations regarding management’s responsibilities in relation to the required supplementary information presented, including but not limited to whether it has been measured and presented in accordance with prescribed guidelines, the method of measurement and presentation and any significant assumptions or interpretations underlying the supplementary information. At the conclusion of the engagement, it is management’s responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditor’s reports, and corrective action plan) along with the Data Collection Form to the designated federal clearinghouse and, if appropriate, to pass-through entities. The Data Collection Form and the reporting package must be submitted within the earlier of thirty days after receipt of the auditor’s reports or nine months after the end of the audit period. Management is responsible for report distribution responsibilities, including determining which officials or organizations will receive the report and making the report available to the public as applicable when the audit organization is responsible for report distribution. OTHER SERVICES Preparation of the following additional reports on behalf of the Client: State of Illinois Annual Financial Report Financial Statement Preparation The Client will provide us with the necessary information to assist in the preparation of the draft financial statements including the notes thereto. We are relying on the Client to provide us with the detailed trial balance, note disclosure information and any other relevant report information in a timely fashion and Exhibit A Page 9 of 20 City of Des Plaines 6 July 27, 2022 ensure the data is complete and accurate. Management is solely responsible for the presentation of the financial statements. Data Collection Form input services We will provide assistance in completing sections of the Data Collection Form (DCF) relative to its federal award programs pursuant to the requirements of Section §200.512 of the Uniform Guidance that are promulgated to be completed by the Client. While we may provide this data entry service and assist you in satisfying your electronic data communication requirements to the Federal Audit Clearinghouse, the completeness and accuracy of this information remains the responsibility of your management. With respect to the above other services, we will perform the services in accordance with applicable professional standards. We, in our sole professional judgment, reserve the right to refuse to do any procedure or take any action that could be construed as making management decisions or assuming management responsibilities. In connection with performing the above other services, you agree to: assume all management responsibilities including making all management decisions; oversee the service by designating an individual, preferably within senior management, who possesses suitable skill, knowledge, and/or experience; evaluate the adequacy and results of the services performed; and accept responsibility for the results of the services. FEES Our fees are outlined below. Our invoices are due and payable upon receipt. Invoices that are not paid within 30 days of receipt are subject to a monthly interest charge of one percent per month or the highest interest rate allowed by law, whichever is less, which we may elect to waive at our sole discretion, plus costs of collection including reasonable attorneys’ fees. If any amounts invoiced remain unpaid 30 days after the invoice date, you agree that Crowe may, in its sole discretion, cease work until all such amounts are paid or terminate this engagement. Description of Services Fee Amount Annual Comprehensive Financial Report $53,200 Single Audit Report $6,700 TIF Compliance Letter $3,400 AFR $1,300 CYEFR $2,200 Sub-total for the City of Des Plaines $66,800 Library $5,400 Total for the year ending December 31, 2022 $72,200 We will invoice you as our services are rendered. PROVISION FOR THREE-YEAR PROPOSAL We have agreed to the following fees for the next two subsequent years as follows: Description of Services 2023 2024 Annual Comprehensive Financial Report $56,900 $60,900 Single Audit Report $7,100 $7,600 TIF Compliance Letter $3,600 $3,800 AFR $1,300 $1,400 CYEFR $2,300 $2,500 Exhibit A Page 10 of 20 City of Des Plaines 7 July 27, 2022 Sub-total for the City of Des Plaines $71,200 $76,200 Library $5,700 $6,100 Total for the year $76,900 $82,300 Because each year is a separate engagement and this three-year period does not constitute a continuous engagement, we will require execution of a new engagement letter for each subsequent year listed above. However, we agree to the fees listed above for each year unless we both agree in writing to a modification. The fees outlined above are based on certain assumptions. Those assumptions may be incorrect due to incomplete or inaccurate information provided, or circumstances may arise under which we must perform additional work, which in either case will require additional billings for our services. Examples of such circumstances include, but are not limited to: Changing service requirements New professional standards or regulatory requirements New financial statement disclosures Work caused due to the identification of, and management’s correction of, inappropriate application of accounting pronouncements Erroneous or incomplete accounting records Evidence of material weakness or significant deficiencies in internal controls Substantial increases in the number of significant deficiencies in internal controls Regulatory examination matters Change in your organizational structure or size due to merger and acquisition activity or other events Change in your controls New or unusual transactions Agreed-upon level of preparation and assistance from your personnel not provided Numerous revisions to your information Lack of availability of appropriate Client personnel during fieldwork. More than one major program related to the Single Audit Additional audit procedures relating to the impact of COVID-19 on Client or additional regulatory requirements relating thereto Additionally, to accommodate requests to reschedule fieldwork without reasonable notice, additional billings for our services could be required, and our assigned staffing and ability to meet agreed upon deadlines could be impacted. Our fee assumes that we will be provided with auditable trial balances for all funds at year end, that all bank accounts and investment accounts will be reconciled through the end of the year being audited to the trial balances, that interfund and transfer accounts will balance, the subsidiary ledgers will reconcile to the general ledger and that beginning fund equity amounts will be reconcilable to prior year audited ending fund equity. We assume that the Client will cooperate with our requests for information such as explanations of account activity. We assume that requested records such as invoices, contracts, grant agreements and supporting documentation will be located and provided to us. We also assume the Client will prepare the introductory Section, the MD&A section, the Statistical section and the Continuing Disclosures section of the report. Our fee does not include implementation of any other future accounting or auditing pronouncements and/or government requirements that may change, thus, the scope or amount of auditing necessary to complete our engagements may increase beyond what is currently anticipated. Should such events occur, we would present you with our estimate of any possible increase prior to beginning our audit for Exhibit A Page 11 of 20 City of Des Plaines 8 July 27, 2022 the given year. An equitable adjustment in the proposed fee will be negotiated if the cost of time required for performance of the audit service is increased or decreased pursuant to a change in scope of the audit requested by the Client or required by State or Federal regulations. When we become aware of circumstances which impact the amount or scheduling of our work, we will issue, for your approval, a formal change order detailing the reason and the anticipated impact of the change. Our fees are exclusive of taxes or similar charges, as well as customs, duties or tariffs, imposed in respect of the Services, any work product or any license, all of which Client agrees to pay if applicable or if they become applicable (other than taxes imposed on Crowe’s income generally), without deduction from any fees or expenses invoiced to Client by Crowe. The Client and Crowe agree that the Client may periodically request Crowe to provide additional services for accounting and reporting advice regarding completed transactions and potential or proposed transactions. The fees for such additional services will be based on Crowe’s hourly billing rates plus expenses or as mutually agreed upon between the Client and Crowe. To facilitate Crowe’s presence at Client’s premises, Client will provide Crowe with internet access while on Client’s premises. Crowe will access the internet using a secure virtual private network. Crowe will be responsible for all internet activity performed by its personnel while on Client’s premises. In the event Client does not provide Crowe with internet access while on Client’s premises, Client will reimburse Crowe for the cost of internet access through other means while on Client’s site. MISCELLANEOUS In delivering services to Client, Crowe may use subsidiaries owned and controlled by Crowe within and outside the United States. Crowe subsidiaries are subject to the same information security policies and requirements as Crowe LLP and will meet the requirements set forth in the confidentiality and data protection provisions of this Agreement. For purposes of this Miscellaneous section, the Acceptance section below, and all of the Crowe Engagement Terms, “Client” will mean the entity(ies) defined in the first paragraph of this letter and will also include all related parents, subsidiaries, and affiliates of Client who may receive or claim reliance upon any Crowe deliverable. Crowe will provide the services to Client under this Agreement as an independent contractor and not as Client’s partner, agent, employee, or joint venturer under this Agreement. Neither Crowe nor Client will have any right, power or authority to bind the other party. This engagement letter agreement (the “Agreement”) reflects the entire agreement between the parties relating to the services (or any reports, deliverables or other work product) covered by this Agreement. The engagement letter and any attachments (including without limitation the attached Crowe Engagement Terms) are to be construed as a single document, with the provisions of each section applicable throughout. This Agreement may not be amended or varied except by a written document signed by each party. No provision of this Agreement will be deemed waived, unless such waiver will be in writing and signed by the party against which the waiver is sought to be enforced. It replaces and supersedes any other proposals, correspondence, agreements and understandings, whether written or oral, relating to the services covered by this letter, and each party agrees that in entering this Agreement, it has not relied on any oral or written representations, statements or other information not contained in or incorporated into this Agreement. Any non-disclosure or other confidentiality agreement is replaced and superseded by this Agreement. Each party shall remain obligated to the other party under all provisions of this Agreement that expressly or by their nature extend beyond and survive the expiration or termination of this Agreement. If any provision (in whole or in part) of this Agreement is found unenforceable or invalid, this will not affect the remainder of the provision or any other provisions in this Agreement, all of which will continue in effect as if the stricken portion had not been included. This Agreement may be executed in two or more actual, scanned, emailed, or electronically copied counterparts, each and all of which together are one and the same instrument. Accurate transmitted copies (transmitted copies are Exhibit A Page 12 of 20 City of Des Plaines 9 July 27, 2022 reproduced documents that are sent via mail, delivery, scanning, email, photocopy, facsimile or other process) of the executed Agreement or signature pages only (whether handwritten or electronic signature), will be considered and accepted by each party as documents equivalent to original documents and will be deemed valid, binding and enforceable by and against all parties. This Agreement, including any dispute arising out of or related to this Agreement and the parties’ relationship generally, will be governed and construed in accordance with the laws of the State of Illinois applicable to agreements made and wholly performed in that state, without giving effect to its conflict of laws rules to the extent those rules would require applying another jurisdiction’s laws. * * * * * We are pleased to have this opportunity to serve you, and we look forward to a continuing relationship. If the terms of this Agreement and the attached Crowe Engagement Terms are acceptable to you, please sign below and return one copy of this letter at your earliest convenience. Please contact us with any questions or concerns. (Signature Page Follows) Exhibit A Page 13 of 20 City of Des Plaines 10 July 27, 2022 ACCEPTANCE I have reviewed the arrangements outlined above and in the attached “Crowe Engagement Terms,” and I accept on behalf of the Client the terms and conditions as stated. By signing below, I represent and warrant that I am authorized by Client to accept the terms and conditions as stated. IN WITNESS WHEREOF, Client and Crowe have duly executed this Agreement effective the date first written above. City of Des Plaines Crowe LLP ICLM_ExtSignature:1 Signature ICLM_IntSignature:1 Signature Ext1Text47176|Client Signatory Name|ICM-NO-ATTRIBUTE|1|0|0 Printed Name Christine Torres Printed Name Ext1Text12890|Client Signatory Title|ICM-NO-ATTRIBUTE|1|0|0 Title Partner Title ExtDate1 Date IntDate1 Date July 27, 2022 Exhibit A Page 14 of 20 City of Des Plaines 11 July 27, 2022 Crowe Engagement Terms Crowe wants Client to understand the terms under which Crowe provides its services to Client and the basis under which Crowe determines its fees. These terms are part of the Agreement and apply to all services described in the Agreement as well as all other services provided to Client (collectively, the “Services”), unless and until a separate written agreement is executed by the parties for separate services. Any advice provided by Crowe is not intended to be, and is not, investment advice. CLIENT’S ASSISTANCE – For Crowe to provide Services effectively and efficiently, Client agrees to provide Crowe timely with information requested and to make available to Crowe any personnel, systems, premises, records, or other information as reasonably requested by Crowe to perform the Services. Access to such personnel and information are key elements for Crowe’s successful completion of Services and determination of fees. If for any reason this does not occur, a revised fee to reflect additional time or resources required by Crowe will be mutually agreed. Client agrees Crowe will have no responsibility for any delays related to a delay in providing such information to Crowe. Such information will be accurate and complete, and Client will inform Crowe of all significant tax, accounting and financial reporting matters of which Client is aware. PROFESSIONAL STANDARDS – As a regulated professional services firm, Crowe must follow professional standards when applicable, including the Code of Professional Conduct of the American Institute of Certified Public Accountants (“AICPA”). Thus, if circumstances arise that, in Crowe’s professional judgment, prevent it from completing the engagement, Crowe retains the right to take any course of action permitted by professional standards, including declining to express an opinion or issue other work product or terminating the engagement. REPORTS – Any information, advice, recommendations or other content of any memoranda, reports, deliverables, work product, presentations, or other communications Crowe provides under this Agreement (“Reports”), other than Client’s original information, are for Client’s internal use only, consistent with the purpose of the Services. Client will not rely on any draft Report. Unless required by an audit or other attestation professional standard, Crowe will not be required to update any final Report for circumstances of which we become aware or events occurring after delivery. CONFIDENTIALITY – Except as otherwise permitted by this Agreement or as agreed in writing, neither Crowe nor Client may disclose to third parties the contents of this Agreement or any information provided by or on behalf of the other that ought reasonably to be treated as confidential and/or proprietary. Client use of any Crowe work product will be limited to its stated purpose and to Client business use only. However, Client and Crowe each agree that either party may disclose such information to the extent that it: (i) is or becomes public other than through a breach of this Agreement, (ii) is subsequently received by the recipient from a third party who, to the recipient's knowledge, owes no obligation of confidentiality to the disclosing party with respect to that information, (iii) was known to the recipient at the time of disclosure or is thereafter created independently, (iv) is disclosed as necessary to enforce the recipient's rights under this Agreement, or (v) must be disclosed under applicable law, regulations, legal process or professional standards. USE OF SUBCONTRACTORS FOR SERVICE DELIVERY – Crowe may engage third-party subcontractors in delivering Services to Client. Third-party subcontractors are not owned or controlled by Crowe (including without limitation Crowe Global member firms). If Crowe engages such a subcontractor to deliver Services to Client, Crowe will execute an agreement for the protection of Client’s confidential information consistent with the provisions of this Agreement. Crowe will be solely responsible for the provision of Services (including those provided by subcontractors) and for the protection of Client’s confidential information. The limitations in this Agreement on Client’s remedies will also apply to any subcontractors. USE OF THIRD-PARTIES IN CROWE OPERATIONS – Crowe uses third-party providers in the ordinary course of Crowe business operations. Third-party providers used in the ordinary course of Crowe business operations include without limitation email providers, cyber-security providers, and data hosting Exhibit A Page 15 of 20 City of Des Plaines 12 July 27, 2022 centers. Crowe also uses its subsidiaries (owned and controlled by Crowe) within and outside the United States for various administrative and support roles. Crowe subsidiaries and any third-party providers used in the ordinary course of Crowe business operations will meet the confidentiality and data protection requirements in this Agreement. The limitations in this Agreement on Client’s remedies will also apply to any such third-party providers and Crowe subsidiaries. CLIENT-REQUIRED CLOUD USAGE – If Client requests that Crowe access files, documents or other information in a cloud-based or web-accessed hosting service or other third-party system accessed via the internet, including, without limitation iCloud, Dropbox, Google Docs, Google Drive, a data room hosted by a third party, or a similar service or website (collectively, “Cloud Storage”), Client will confirm with any third parties assisting with or hosting the Cloud Storage that either such third party or Client (and not Crowe) is responsible for complying with all applicable laws relating to the Cloud Storage and any information contained in the Cloud Storage, providing Crowe access to the information in the Cloud Storage, and protecting the information in the Cloud Storage from any unauthorized access, including without limitation unauthorized access to the information when in transit to or from the Cloud Storage. Client represents that it has authority to provide Crowe access to information in the Cloud Storage and that providing Crowe with such access complies with all applicable laws, regulations, and duties owed to third parties. DATA PROTECTION – If Crowe holds or uses Client information that can be linked to specific individuals who are Client’s customers ("Personal Data"), Crowe will treat it as confidential as described above and comply with applicable US state and federal law and professional regulations (including, for financial institution clients, the objectives of the Interagency Guidelines Establishing Information Security Standards) in disclosing or using such information to carry out the Services. The parties acknowledge and understand that while Crowe is a service provider as defined by the California Consumer Privacy Act of 2018 and processes information on behalf of Client and pursuant to this Agreement, Crowe retains its independence as required by applicable law and professional standards for purposes of providing attest services and other related professional services. Crowe will not (1) sell Personal Data to a third party, or (2) retain, use or disclose Personal Data for any purpose other than for (a) performing the Services and its obligations on this Agreement, (b) as otherwise set forth in this Agreement, (c) to detect security incidents and protect against fraud or illegal activity, (d) to enhance and develop our products and services, including through machine learning and other similar methods and (e) as necessary to comply with applicable law or professional standards. Crowe has implemented and will maintain physical, electronic and procedural safeguards reasonably designed to (i) protect the security, confidentiality and integrity of the Personal Data, (ii) prevent unauthorized access to or use of the Personal Data, and (iii) provide proper disposal of the Personal Data (collectively, the “Safeguards”). Client warrants (i) that it has the authority to provide the Personal Data to Crowe in connection with the Services, (ii) that Client has processed and provided the Personal Data to Crowe in accordance with applicable law, and (iii) will limit the Personal Data provided to Crowe to Personal Data necessary to perform the Services. To provide the Services, Client may also need to provide Crowe with access to Personal Data consisting of protected health information, financial account numbers, Social Security or other government-issued identification numbers, or other data that, if disclosed without authorization, would trigger notification requirements under applicable law ("Restricted Personal Data"). In the event Client provides Crowe access to Restricted Personal Data, Client will consult with Crowe on appropriate measures (consistent with legal requirements and professional standards applicable to Crowe) to protect the Restricted Personal Data, such as: deleting or masking unnecessary information before making it available to Crowe, using encryption when transferring it to Crowe, or providing it to Crowe only during on-site review on Client’s site. Client will provide Crowe with Restricted Personal Data only in accordance with mutually agreed protective measures. Crowe and Client will each allow opportunistic TLS encryption to provide for secure email communication, and each party will notify the other in writing if it deactivates opportunistic TLS encryption. If Client fails to allow opportunistic TLS encryption, Client agrees that each party may use unencrypted electronic media to correspond or transmit information, and Client further agrees that such use of unencrypted media will not in itself constitute a breach of any confidentiality or other obligation relating to this Agreement. Otherwise, Client and Crowe agree each may use unencrypted electronic media to correspond or transmit information and such use will not in itself constitute a breach of any confidentiality obligations under this Agreement. Crowe will reasonably cooperate with Client in responding to or addressing any request from a consumer or data subject, a data privacy authority with Exhibit A Page 16 of 20 City of Des Plaines 13 July 27, 2022 jurisdiction, or the Client, as necessary to enable Client to comply with its obligations under applicable data protection laws and to the extent related to Personal Data processed by Crowe. Client will promptly reimburse Crowe for any out-of-pocket expenses and professional time (at Crowe’s then-current hourly rates) incurred in connection with providing such cooperation. Client will provide prompt written notice to Crowe (with sufficient detailed instructions) of any request or other act that is required to be performed by Crowe. As appropriate, Crowe shall promptly delete or procure the deletion of the Personal Data, after the cessation of any Services involving the processing of Client’s Personal Data, or otherwise aggregate or de-identify the Personal Data in such a way as to reasonably prevent reidentification. Notwithstanding the forgoing, Crowe may retain a copy of the Personal Data as permitted by applicable law or professional standards, provided that such Personal Data remain subject to the terms of this Agreement. If Crowe uses a third-party provider, Crowe will include terms substantially similar to those set forth in this Data Protection Paragraph into an agreement with the provider. GENERAL DATA PROTECTION REGULATION COMPLIANCE – If and to the extent that Client provides personal data to Crowe subject to the European Union General Data Protection Regulation (“GDPR”), then in addition to the requirements of the above Data Protection section, this section will apply to such personal data (“EU Personal Data”). The parties agree that for purposes of processing the EU Personal Data, (a) Client will be the “Data Controller” as defined by the GDPR, meaning the organization that determines the purposes and means of processing the EU Personal Data; (b) Crowe will be the “Data Processor” as defined by GDPR, meaning the organization that processes the EU Personal Data on behalf of and under the instructions of the Data Controller; or (c) the parties will be classified as otherwise designated by a supervisory authority with jurisdiction. Client and Crowe each agree to comply with the GDPR requirements applicable to its respective role. Crowe has implemented and will maintain technical and organizational security safeguards reasonably designed to protect the security, confidentiality and integrity of the EU Personal Data. Client represents it has secured all required rights and authority, including consents and notices, to provide such EU Personal Data to Crowe, including without limitation authority to transfer such EU Personal Data to the U.S. or other applicable Country or otherwise make the EU Personal Data available to Crowe, for the duration of and purpose of Crowe providing the Services. The types of EU Personal Data to be processed include name, contact information, title, and other EU Personal Data that is transferred to Crowe in connection with the Services. The EU Personal Data relates to the data subject categories of individuals connected to Client, Client customers, Client vendors, and Client affiliates or subsidiaries (“Data Subjects”). Crowe will process the EU Personal Data for the following purpose: (x) to provide the Services in accordance with this Agreement, (y) to comply with other documented reasonable instructions provided by Client, and (z) to comply with applicable law. In the event of a Crowe breach incident in connection with EU Personal Data in the custody or control of Crowe, Crowe will promptly notify Client upon knowledge that a breach incident has occurred. Client has instructed Crowe not to contact any Data Subjects directly, unless required by applicable law. In the event that a supervisory authority with jurisdiction makes the determination that Crowe is a data controller, Client will reasonably cooperate with Crowe to enable Crowe to comply with its obligations under GDPR. INTELLECTUAL PROPERTY - Any Deliverables, works, inventions, working papers, or other work product conceived, made or created by Crowe in rendering the Services under this Agreement (“Work Product”), and all intellectual property rights in such Work Product will be owned exclusively by Crowe. Further, Crowe will retain exclusive ownership or control of all intellectual property rights in any ideas, concepts, methodologies, data, software, designs, utilities, tools, models, techniques, systems, Reports, or other know-how that it develops, owns or licenses in connection with this Agreement ("Materials"). The foregoing ownership will be without any duty of accounting. DATA USAGE AND AGGREGATIONS - Client hereby acknowledges and agrees that Crowe may, in its discretion, use any Client information or data provided to Crowe to improve Crowe services and Materials, including without limitation developing new Crowe services and software or other products. Client also agrees that Crowe may, in its discretion, aggregate Client content and data with content and data from other clients, other sources, or third parties (“Data Aggregations”) for purposes including, without limitation, product and service development, commercialization, industry benchmarking, or quality improvement initiatives. Prior to, and as a precondition for, disclosing Data Aggregations to other Crowe customers or prospects, Crowe will anonymize any Client data or information in a manner sufficient to Exhibit A Page 17 of 20 City of Des Plaines 14 July 27, 2022 prevent such other customer or prospect from identifying Client or individuals who are Client customers. All Data Aggregations will be the sole and exclusive property of Crowe. LEGAL AND REGULATORY CHANGE – Crowe may periodically communicate to Client changes in laws, rules or regulations. However, Client has not engaged Crowe, and Crowe does not undertake an obligation, to advise Client of changes in (a) laws, rules, regulations, industry or market conditions, or (b) Client’s own business practices or other circumstances (except to the extent required by professional standards). The scope of Services and the fees for Services are based on current laws and regulations. If changes in laws or regulations change Client’s requirements or the scope of the Services, Crowe’s fees will be modified to a mutually agreed amount to reflect the changed level of Crowe’s effort. PUBLICATION – Client agrees to obtain Crowe’s specific permission before using any Report or Crowe work product or Crowe’s firm’s name in a published document, and Client agrees to submit to Crowe copies of such documents to obtain Crowe’s permission before they are filed or published. CLIENT REFERENCE – From time to time Crowe is requested by prospective clients to provide references for Crowe service offerings. Client agrees that Crowe may use Client’s name and generally describe the nature of Crowe’s engagement(s) with Client in marketing to prospects, and Crowe may also provide prospects with contact information for Client personnel familiar with Crowe’s Services. NO PUNITIVE OR CONSEQUENTIAL DAMAGES – Any liability of Crowe will not include any consequential, special, incidental, indirect, punitive, or exemplary damages or loss, nor any lost profits, goodwill, savings, or business opportunity, even if Crowe had reason to know of the possibility of such damages. LIMIT OF LIABILITY – Except where it is judicially determined that Crowe performed its Services with recklessness or willful misconduct, Crowe’s liability will not exceed fees paid by Client to Crowe for the portion of the work giving rise to liability. A claim for a return of fees paid is the exclusive remedy for any damages. This limit of liability will apply to the full extent allowed by law, regardless of the grounds or nature of any claim asserted, including, without limitation, to claims based on principles of contract, negligence or other tort, fiduciary duty, warranty, indemnity, statute or common law. This limit of liability will also apply after this Agreement. INDEMNIFICATION FOR THIRD‑PARTY CLAIMS – In the event of a legal proceeding or other claim brought against Crowe by a third party, except where it is judicially determined that Crowe performed Services with recklessness or willful misconduct, Client agrees to indemnify and hold harmless Crowe and its personnel against all costs, fees, expenses, damages and liabilities, including attorney fees and any other fees or defense costs, associated with such third‑party claim, relating to or arising from any Services performed or work product provided by Crowe that Client uses or discloses to others or this engagement generally. This indemnification is intended to apply to the full extent allowed by law, regardless of the grounds or nature of any claim, liability, or damages asserted, including, without limitation, to claims, liability or damages based on principles of contract, negligence or other tort, fiduciary duty, warranty, indemnity, statute or common law. This indemnification will also apply after termination of this Agreement. NO TRANSFER OR ASSIGNMENT OF CLAIMS – No claim against Crowe, or any recovery from or against Crowe, may be sold, assigned or otherwise transferred, in whole or in part. TIME LIMIT ON CLAIMS – In no event will any action against Crowe, arising from or relating to this Agreement or the Services provided by Crowe relating to this engagement, be brought after the earlier of 1) one (1) year after the date on which occurred the act or omission alleged to have been the cause of the injury alleged; or 2) the expiration of the applicable statute of limitations or repose. RESPONSE TO LEGAL PROCESS – If Crowe is requested by subpoena, request for information, or through some other legal process to produce documents or testimony pertaining to Client or Crowe’s Services, and Crowe is not named as a party in the applicable proceeding, then Client will reimburse Exhibit A Page 18 of 20 City of Des Plaines 15 July 27, 2022 Crowe for its professional time, plus out-of-pocket expenses, as well as reasonable attorney fees, Crowe incurs in responding to such request. MEDIATION – If a dispute arises, in whole or in part, out of or related to this engagement, or after the date of this agreement, between Client or any of Client’s affiliates or principals and Crowe, and if the dispute cannot be settled through negotiation, Client and Crowe agree first to try, in good faith, to settle the dispute by mediation administered by the American Arbitration Association, under its mediation rules for professional accounting and related services disputes, before resorting to litigation or any other dispute-resolution procedure. The results of mediation will be binding only upon agreement of each party to be bound. Costs of any mediation will be shared equally by both parties. Any mediation will be held in Chicago, Illinois. JURY TRIAL WAIVER – FOR ALL DISPUTES RELATING TO OR ARISING BETWEEN THE PARTIES, THE PARTIES AGREE TO WAIVE A TRIAL BY JURY TO FACILITATE JUDICIAL RESOLUTION AND TO SAVE TIME AND EXPENSE. EACH PARTY AGREES IT HAS HAD THE OPPORTUNITY TO HAVE ITS LEGAL COUNSEL REVIEW THIS WAIVER. THIS WAIVER IS IRREVOCABLE, MAY NOT BE MODIFIED EITHER ORALLY OR IN WRITING, AND APPLIES TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, OR MODIFICATIONS TO THIS AGREEMENT. IN THE EVENT OF LITIGATION, THIS AGREEMENT MAY BE FILED AS WRITTEN CONSENT TO A BENCH TRIAL WITHOUT A JURY. HOWEVER, AND NOTWITHSTANDING THE FOREGOING, IF ANY COURT RULES OR FINDS THIS JURY TRIAL WAIVER TO BE UNENFORCEABLE AND INEFFECTIVE IN WAIVING A JURY, THEN ANY DISPUTE RELATING TO OR ARISING FROM THIS ENGAGEMENT OR THE PARTIES’ RELATIONSHIP GENERALLY WILL BE RESOLVED BY ARBITRATION AS SET FORTH IN THE PARAGRAPH BELOW REGARDING “ARBITRATION.” ARBITRATION – If any court rules or finds that the JURY TRIAL WAIVER section is not enforceable, then any dispute between the parties relating to or arising from this Agreement or the parties’ relationship generally will be settled by binding arbitration in Chicago, Illinois (or a location agreed in writing by the parties). Any issues concerning the extent to which any dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of any of this Section, will be governed by the Federal Arbitration Act and resolved by the arbitrator(s). The arbitration will be governed by the Federal Arbitration Act and resolved by the arbitrator(s). Regardless of the amount in controversy, the arbitration will be administered by JAMS, Inc. (“JAMS”), pursuant to its Streamlined Arbitration Rules & Procedures or such other rules or procedures as the parties may agree in writing. In the event of a conflict between those rules and this Agreement, this Agreement will control. The parties may alter each of these rules by written agreement. If a party has a basis for injunctive relief, this paragraph will not preclude a party seeking and obtaining injunctive relief in a court of proper jurisdiction. The parties will agree within a reasonable period of time after notice is made of initiating the arbitration process whether to use one or three arbitrators, and if the parties cannot agree within fifteen (15) business days, the parties will use a single arbitrator. In any event the arbitrator(s) must be retired federal judges or attorneys with at least 15 years commercial law experience and no arbitrator may be appointed unless he or she has agreed to these procedures. If the parties cannot agree upon arbitrator(s) within an additional fifteen (15) business days, the arbitrator(s) will be selected by JAMS. Discovery will be permitted only as authorized by the arbitrator(s), and as a rule, the arbitrator(s) will not permit discovery except upon a showing of substantial need by a party. To the extent the arbitrator(s) permit discovery as to liability, the arbitrator(s) will also permit discovery as to causation, reliance, and damages. The arbitrator(s) will not permit a party to take more than six depositions, and no depositions may exceed five hours. The arbitrator(s) will have no power to make an award inconsistent with this Agreement. The arbitrator(s) will rule on a summary basis where possible, including without limitation on a motion to dismiss basis or on a summary judgment basis. The arbitrator(s) may enter such prehearing orders as may be appropriate to ensure a fair hearing. The hearing will be held within one year of the initiation of arbitration, or less, and the hearing must be held on continuous business days until concluded. The hearing must be concluded within ten (10) business days absent written agreement by the parties to the contrary. The time limits in this section are not jurisdictional. The arbitrator(s) will apply substantive law and may award injunctive relief or any other remedy available from a judge. The arbitrator(s) may award attorney fees and costs to the prevailing party, and in the event of a split or partial award, the arbitrator(s) may award costs or attorney fees in an Exhibit A Page 19 of 20 City of Des Plaines 16 July 27, 2022 equitable manner. Any award by the arbitrator(s) will be accompanied by a reasoned opinion describing the basis of the award. Any prior agreement regarding arbitration entered by the parties is replaced and superseded by this agreement. The arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. All aspects of the arbitration will be treated by the parties and the arbitrator(s) as confidential. NON‑SOLICITATION – Each party acknowledges that it has invested substantially in recruiting, training and developing the personnel who render services with respect to the material aspects of the engagement (“Key Personnel”). The parties acknowledge that Key Personnel have knowledge of trade secrets or confidential information of their employers that may be of substantial benefit to the other party. The parties acknowledge that each business would be materially harmed if the other party was able to directly employ Key Personnel. Therefore, the parties agree that during the period of this Agreement and for one (1) year after its expiration or termination, neither party will solicit Key Personnel of the other party for employment or hire the Key Personnel of the other party without that party’s written consent unless the hiring or engaging party pays to the other party a fee equal to the hired or engaged Key Personnel’s compensation for the prior twelve-month period with the other party. CROWE AND EQUAL OPPORTUNITY – Crowe abides by the principles of equal employment opportunity, including without limitation the requirements of 41 CFR 60-741.5(a) and 41 CFR 60-300.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability. Crowe also abides by 29 CFR Part 471, Appendix A to Subpart A. The parties agree that the notice in this paragraph does not create any enforceable rights for any firm, organization, or individual. CROWE GLOBAL NETWORK – Crowe LLP and its subsidiaries are independent members of Crowe Global, a Swiss organization. “Crowe” is the brand used by the Crowe Global network and its member firms, but it is not a worldwide partnership. Crowe Global and each of its members are separate and independent legal entities and do not obligate each other. Crowe LLP and its subsidiaries are not responsible or liable for any acts or omissions of Crowe Global or any other Crowe Global members, and Crowe LLP and its subsidiaries specifically disclaim any and all responsibility or liability for acts or omissions of Crowe Global or any other Crowe Global member. Crowe Global does not render any professional services and does not have an ownership or partnership interest in Crowe LLP or any other member. Crowe Global and its other members are not responsible or liable for any acts or omissions of Crowe LLP and its subsidiaries and specifically disclaim any and all responsibility or liability for acts or omissions of Crowe LLP and its subsidiaries. Visit www.crowe.com/disclosure for more information about Crowe LLP, its subsidiaries, and Crowe Global. Exhibit A Page 20 of 20 PUBLIC WORKS AND ENGINEERING DEPARTMENT 1111 Joseph J. Schwab Road Des Plaines, IL 60016 P: 847.391.5464 desplaines.org Date: July 18, 2022 To: Michael G. Bartholomew, MCP, LEED-AP, City Manager From: Jon Duddles, P.E., CFM, Assistant Director of Public Works and Engineering Timothy Watkins, Assistant Director of Public Works and Engineering Cc: Timothy P. Oakley, P.E., CFM, Director of Public Works and Engineering Subject: USGS River Gauge Agreement Issue: In an effort to provide reliable flood stage forecasting and redundancy, renewal of the joint- funding agreement between the City of Des Plaines and the United States Geological Survey (USGS) is needed for the continued operation and maintenance of the river gauge installed on the Algonquin Road Bridge in 2019. Analysis: The United States Geological Survey (USGS) maintains river and stream gauges throughout the nation. Due to both changing climate and various flow conditions, we are recommending continued operation and maintenance of the river gauge on the Algonquin Road Bridge. We contacted USGS and obtained operation and maintenance pricing. For the proposed agreement’s time period of October 1, 2022 to September 30, 2025, the total cost is $44,400. This equates to $14,800 per year of the agreement. Recommendation: We recommend execution of the multi-year Agreement between the City of Des Plaines and U.S. Geological Survey, Central Midwest Science Center, United States Department of the Interior, 400 S. Clinton St., Room 268, Iowa City, Iowa, 52240 in the not-to-exceed amount of $44,400. Source of funding would continue to be Sewer Maintenance fund. Attachments: Resolution R-145-22 Exhibit A – Agreement MEMORANDUM Page 1 of 7 CONSENT AGENDA #5. {00127691.1} 1 CITY OF DES PLAINES RESOLUTION R - 145 - 22 A RESOLUTION APPROVING A JOINT FUNDING AGREEMENT WITH THE UNITED STATES GEOLOGICAL SURVEY FOR THE OPERATION AND MAINTENANCE OF A RIVER GAUGE.__________________ 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 U.S. Geological Survey (“USGS”) is an agency of United States Department of Interior; and WHEREAS, USGS provides for the installation, operation, and maintenance of river gauges throughout the United States; and WHEREAS, in an effort to provide reliable forecasting of the river level in Des Plaines, a river gauge is needed on the Des Plaines River at the Algonquin Road Bridge (“River Gauge”); and WHEREAS, the City desires to enter into a three-year joint funding agreement with USGS for the operation and maintenance of the River Gauge for a total Agreement not to exceed amount of $44,400 (“Agreement”); and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Agreement with the USGS in an amount not to exceed $44,400; 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 with USGS in the total not to exceed amount of $44,400 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. Page 2 of 7 {00127691.1} 2 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 ____________, 2022. APPROVED this _____ day of _____________, 2022. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Purchase of River Gauge from USGS and Maintenance Agreement Page 3 of 7 United States Department of the Interior U.S. GEOLOGICAL SURVEY CENTRAL MIDWEST WATER SCIENCE CENTER MISSOURI 1400 Independence Rd. MS100 Rolla, MO 65401 ILLINOIS 405 N. Goodwin Ave. Urbana, IL 61801 IOWA 400 S. Clinton St. Rm 269 Iowa City, IA 52240 July 14, 2022 Mr. Jon Duddles P.E. CFM, Assistant Director of Public Works Des Plaines Public Works and Engineering Department 1420 Miner Street Des Plaines, IL 60016 Dear Mr. Duddles: Attached is our standard joint-funding agreement for the operation and maintenance on one continuous stage and streamflow gage on the Des Plains River at East Algonquin Road in Des Plaines, IL, for the period October 1, 2022 through September 30, 2025 in the amount of $44,400 from your agency. Please sign and return one fully- executed original to Alex D. Arduser via email at aarduser@usgs.gov. Federal law requires that we have a signed agreement before we start or continue work. Please return the signed agreement by October 1, 2022. If, for any reason, the agreement cannot be signed and returned by the date shown above, please contact Jonathan Lageman by phone number (815) 752-2035 or email jlageman@usgs.gov to make alternative arrangements. This is a fixed cost agreement to be billed annually via Down Payment Request (automated Form DI-1040). Please allow 30-days from the end of the billing period for issuance of the bill. If you experience any problems with your invoice(s), please contact Alex Arduser at phone number (319) 358-3656 or email at aarduser@usgs.gov. The results of all work performed under this agreement will be available for publication by the U.S. Geological Survey. We look forward to continuing this and future cooperative efforts in these mutually beneficial water resources studies. Sincerely, Kelly Warner Deputy Director, Central Midwest WSC Enclosure 23NEJFA029 Page 4 of 7Exhibit A Form 9-1366 (May 2018) U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resource Investigations Customer #: 6000006870 Agreement #: 23NEJFA029 Project #: NE009KT TIN #: 366005849 Fixed Cost Agreement YES[ X ] NO[ ] THIS AGREEMENT is entered into as of the October 1, 2022, by the U.S. GEOLOGICAL SURVEY, Central Midwest Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the Des Plaines Public Works and Engineering Department party of the second part. 1.The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation, the operation and maintenance on one continuous stage and streamflow gage on the Des Plains River at East Algonquin Road in Des Plaines, IL, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) include In-Kind-Services in the amount of $0.00 (a)$0 by the party of the first part during the period October 1, 2022 to September 30, 2025 (b)$44,400 by the party of the second part during the period October 1, 2022 to September 30, 2025 (c)Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of: $0 Description of the USGS regional/national program: (d)Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (e)The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8.The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program, and if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that scientific information and data developed as a result of the Scope of Work (SOW) are subject to applicable USGS review, approval, and release requirements, which are available on the USGS Fundamental Science Practices website (https://www.usgs.gov/about/organization/science-support/science-quality-and-integrity/fundamental-science- practices). Page 5 of 7Exhibit A 9.Billing for this agreement will be rendered annually. Invoices not paid within 60 days from the billing date will bear Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at 31 U.S.C. § 3717) established by the U.S. Treasury. USGS Technical Point of Contact Name: Jonathan Lageman Supervisory Hydrologist Address: 650 G Peace Road DE Kalb, IL 60115 Telephone: (815) 752-2035 Fax: Email: jlageman@usgs.gov Customer Technical Point of Contact Name: Jon Duddles P.E. CFM, Assistant Director of Public Works Address: 1420 Miner Street Des Plaines, IL 60016 Telephone: (847) 391-6127 Fax: Email: jduddles@desplaines.org USGS Billing Point of Contact Name: Alex Arduser Budget Analyst Address: 400 S Clinton St Room 269 Iowa City, IA 52240 Telephone: (319) 358-3656 Fax: (319) 358-3606 Email: aarduser@usgs.gov Customer Billing Point of Contact Name: Timothy Watkins Assistant Director of Public Works & Engineering Address: 1111 Joseph Schwab Rd. Des Plaines, IL 60016 Telephone: (847) 391-5468 Fax: Email: twatkins@desplaines.org U.S. Geological Survey United States Department of Interior Signature By_______________________ Date: 07/14/2022 Name: Amy Beussink Title: Director, Central Midwest WSC Des Plaines Public Works and Engineering Department Signatures By_______________________ Date: _________ Name: Title: By_______________________ Date: _________ Name: Title: By_______________________ Date: _________ Name: Title: Form 9-1366 (May 2018) U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resource Investigations Customer #: 6000006870 Agreement #: 23NEJFA029 Project #: NE009KT TIN #: 366005849 Acting For: Page 6 of 7Exhibit A Des Plaines Public Works and Engineering Department Attachment for 23NEJFA029 10/1/2022 to 9/30/2025 SURFACE WATER FUNDS SITE NUMBER & DESCRIPTION USGS COOP TOTAL 05530100 DES PLAINES R AT ALGONQUIN RD AT DES PLAINES, IL Full Range Streamflow Station $14,800 Full Range Streamflow Station $14,800 Full Range Streamflow Station $14,800 $44,400 Total: $44,400 $44,400 GRAND TOTAL: $44,400 $44,400 Page 7 of 7Exhibit A PUBLIC WORKS AND ENGINEERING DEPARTMENT 1111 Joseph J. Schwab Road Des Plaines, IL 60016 P: 847.391.5464 desplaines.org Date: August 4, 2022 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: Golf & River Water Tank - Nicor Antenna Lease Issue: Northern Illinois Gas Company (Nicor) has requested to lease space on our Golf Road at Des Plaines River Road water tank for a communications antenna. Analysis: Nicor is in the process of automating their meter reading system utility wide. In order to achieve this goal, Nicor needs to install a local meter reading station/antenna in order to capture the reads electronically. The City has worked with Nicor on negotiating a lease for this purpose consistent with our other cellular leases. The lease is for a 5-year term with 3 additional terms of 5- years each. The annual lease amount is $18,960 with a 4.5% annual increase. The initial lease will have an expiration date of July 31, 2027. This rate is consistent with the City’s other cellular leases. Recommendation: We recommend approval of the lease with Northern Illinois Gas Company, 1844 Ferry Road, Naperville, Illinois, 60563. Attachments: Resolution R-123-22 Exhibit A – Lease Agreement MEMORANDUM Page 1 of 45 CONSENT AGENDA #6. 1 CITY OF DES PLAINES RESOLUTION R - 123 - 22 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY OF DES PLAINES AND NORTHERN ILLINOIS GAS COMPANY REGARDING A COMMUNICATIONS ANTENNA ON THE WATER TOWER AT GOLF AND RIVER ROADS. 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 maintains a public water tower at Golf Road and River Road ("Tower"); and WHEREAS, Northern Illinois Gas Company, d/b/a Nicor Gas Company ("Nicor"), is in the process of automating their meter reading system and has requested placement of a communications antenna ("Antenna Facilities") on the Tower to capture meter reads electronically; and WHEREAS, Nicor desires to enter into a lease agreement with the City to allow the installation and maintenance of the Antenna Facilities on the Tower as well as appurtenant ground facilities for a 5-year term with three additional terms of 5-years each ("Lease Agreement"); and WHEREAS, City staff recommends that the City enter into the Lease Agreement with Nicor; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Lease Agreement with Nicor; 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 LEASE AGREEMENT. The City Council hereby approves the Lease Agreement with Nicor 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 LEASE AGREEMENT. That the City Manager is hereby authorized to execute, and the City Clerk to attest, the Lease Agreement. Page 2 of 45 2 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 ____________, 2022. APPROVED this _____ day of _____________, 2022. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Lease with Nicor for Antenna at Golf and River Rds Page 3 of 45 Execution Version 8/03/22 {00126167.4} LEASE AGREEMENT between CITY OF DES PLAINES, an Illinois municipal corporation as Landlord and Northern Illinois Gas Company An Illinois company as Tenant Dated as of ______________, 20__ Exhibit A Page 4 of 45 {00126167.4} TABLE OF CONTENTS ARTICLE 1 - PARTIES ..............................................................................................................1. ARTICLE 2 - BASIC LEASE TERMS AND DEFINITIONS ...........................................................2. ARTICLE 3 - DEMISE ................................................................................................................5. ARTICLE 4 - TERM .....................................................................................................................5. ARTICLE 5 - RENT ......................................................................................................................5. ARTICLE 6 - TAXES ..................................................................................................................5. ARTICLE 7 - USE ........................................................................................................................7. ARTICLE 8 - QUIET ENJOYMENT; CO-TENANTS ...................................................................7. ARTICLE 9 - UTILITIES ...............................................................................................................8. ARTICLE 10 - ACCESS ...............................................................................................................9. ARTICLE 11 - PROPERTY IN OR UPON LEASED PROPERTY ...............................................9. ARTICLE 12 - MAINTENANCE ..................................................................................................9. ARTICLE 13 - IMPROVEMENTS ...............................................................................................10. ARTICLE 14 - INDEMNIFICATION .......................................................................................... 10. Exhibit A Page 5 of 45 {00126167.4} ARTICLE 15 - INSURANCE ..................................................................................................... 11. ARTICLE 16 - EMINENT DOMAIN ........................................................................................... 12. ARTICLE 17 - ENVIRONMENTAL COMPLIANCE ................................................................... 12. ARTICLE 18 - ASSIGNMENT AND SUBLETTING ................................................................... 13. ARTICLE 19 - DEFAULT ......................................................................................................... 14. ARTICLE 20 - FORCE MAJEURE ........................................................................................... 15. ARTICLE 21 - EVIDENCE OF LEASE ..................................................................................... 15. ARTICLE 22 - ESTOPPEL CERTIFICATE ............................................................................... 15. ARTICLE 23 - SUBORDINATION ............................................................................................ 16. ARTICLE 24 - SURRENDER OF LEASED PROPERTY .......................................................... 16. ARTICLE 25 - HOLD OVER ..................................................................................................... 17. ARTICLE 26 - RENEWAL TERM(S) ........................................................................................ 17. ARTICLE 27 - BROKER’S COMMISSION ............................................................................... 17. ARTICLE 28 - GENERAL ......................................................................................................... 17. ARTICLE 29 – RENTAL STREAM……………………………………………………………………20. ARTICLE 30 – CASUALITY…………………………………………………………………………...20. Exhibit A Page 6 of 45 {00126167.4} EXHIBITS Exhibit A Plans Depicting Antenna Facilities, Equipment Building, Tenant’s Equipment Building Spaces, and Tenant’s Tower Space Exhibit B Legal Description of the Premises Exhibit C Rent Schedule Exhibit D Form of Evidence of Lease Exhibit A Page 7 of 45 {00126167.4} 1 LEASE AGREEMENT THIS LEASE AGREEMENT (“Lease”) is made as of the ____ day of ____________, 20__, by and between the parties named in Article 1, which parties, in consideration of the mutual covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, do hereby agree as follows: ARTICLE 1 - PARTIES 1.1 Landlord: CITY OF DES PLAINES, an Illinois home rule municipal corporation (“Landlord”), whose notice and rental payment address is: City of Des Plaines 1420 Miner Street Des Plaines, IL 60016 1.2 Tenant: Northern Illinois Gas Company d.b.a. Nicor Gas Company an Illinois corporation (“Tenant”), whose notice address is: Nicor Gas Company 1844 Ferry Road Naperville, IL 60563 Attn: Legal Dept AMI Tower Support With a copy to: Nicor Gas Company 1844 Ferry Road Naperville, IL 60563 Attn: Office of the Vice President, Business Support ARTICLE 2 - BASIC LEASE TERMS AND DEFINITIONS In addition to other terms that are defined elsewhere in this Lease, the following terms, whenever set forth in initial capitals in this Lease, shall have the meanings set forth in this Article, except as otherwise expressly provided in this Lease: Antenna Facilities The communications or personal wireless services antenna facilities and related improvements and facilities to be installed on the Premises (including within the Equipment Building), depicted as devoted to Tenant's use in Exhibit A. Commencement Date The Commencement Date shall be September 1, 2022. Connection Space Those certain areas where Tenant’s conduits, wires, cables, cable trays, and other necessary connections are located between the Tenant’s Equipment Building Space and the Tenant’s Tower Space, and between the Tenant’s Equipment Building Space and the electric power, telephone, and fuel sources for the Premises. Co-Tenant Any Entity other than Tenant leasing a portion of the Premises for the Intended Use or any similar purpose. Delivery Date The Delivery Date shall be the date upon which Tenant obtains the last of the Governmental Approvals and the Other Approvals. Exhibit A Page 8 of 45 {00126167.4} 2 Entity Any individual, corporation, firm, partnership, association, trustee or Governmental Agency. Equipment Building The building to be constructed on the Premises, as depicted on Exhibit A, comprising approximately 200 square feet in Floor Area. Equipment Building Common Areas All portions, both interior and exterior, of the Equipment Building except (i) those portions leased to either Tenant or some third party and (ii) those portions occupied by Landlord. Expiration Date The last day of the last Renewal Term. Environmental Law a.Any applicable federal, state or local statute, law, ordinance, rule, regulation, code, license, permit, authorization, approval, consent, order, judgment, decree, injunction, directive, requirement by, of, or agreement with any Governmental Agency, existing as of the Lease Execution Date and as amended thereafter, relating to: i.the protection, preservation or restoration of the environment (including, without limitation, air, water, vapor, surface water, ground water, drinking water supply, surface land, subsurface land, plant and animal life, or any other natural resource), or to human health and safety; or ii.the exposure to, or the use, storage, recycling, treatment, generation, transportation, processing, handling, labeling, production, release or disposal of, Hazardous Substances. b.Environmental Law also includes, without limitation, any common law or equitable doctrine (including, without limitation, injunctive relief and tort doctrines such as negligence, nuisance, trespass and strict liability) that may impose liability or obligations for injuries or damages related or incidental to, or threatened as a result of, the presence of or exposure to any Hazardous Substance and the following statutes and implementing regulations: i.the Clean Air Act, as amended (42 U.S.C. § 7401 et seq.); ii.the Water Pollution Control Act, as amended (33 U.S.C. § 1251 et seq.); iii.the Resource Conservation and Recovery Act, as amended (42 U.S.C. § 6901 et seq.); iv.the Comprehensive Environmental Response, Compensation and Liability Act, as amended (42 U.S.C. § 9601 et seq.); v.the Toxic Substances Control Act, as amended (15 U.S.C. § 2601 et seq.); and vi.the Occupational Safety and Health Act, as amended (29 U.S.C. § 651 et seq.). Exhibit A Page 9 of 45 {00126167.4} 3 Floor Area The area determined by measuring from the interior faces of all outside walls and common walls. Governmental Agency Any federal, state or local government, subdivision, district, agency, department, court, tribunal, officer, board, commission or other instrumentality. Governmental Approvals All permits, licenses, easements, zoning relief, subdivision relief, orders, certificates or other authorizations issued by any applicable Governmental Agency necessary, required by Tenant to allow for the use and occupancy of the Premises and the Equipment Building for the Intended Use and the provision of all utilities necessary for the Intended Use. Hazardous Substance Any substance, whether liquid, solid or gas, that is listed, defined, designated or classified as toxic, hazardous, radioactive or dangerous under any Environmental Law, whether by type or by quantity. Hazardous Substance includes, without limitation, any explosive or radioactive material, asbestos, asbestos containing material, urea formaldehyde foam insulation, polychlorinated biphenyls, special waste or petroleum products or any derivative or by-product thereof, methane, toxic waste, pollutant, contaminant, hazardous waste, toxic or hazardous substances or related materials, as defined in any applicable Environmental Law. Initial Term A period of five years beginning on the Commencement Date. Intended Use The construction, installation, operation and maintenance of the Antenna Facilities and utility services related thereto. Lease Execution Date The date set forth in the first paragraph of Page 1 of this Lease, irrespective of the date on which either party in fact caused this Lease to be executed. Lease Year The first Lease Year shall be for a period of twelve consecutive calendar months beginning on the Commencement Date, except that if the Commencement Date shall be other than the first day of a calendar month, the first Lease Year shall be the period beginning on the Commencement Date and ending on the last day of the calendar month in which it shall occur, plus the following twelve calendar months. Each Lease Year after the first Lease Year shall be a successive period of twelve calendar months. Leased Property Tenant's Tower Space, together with Tenant's Equipment Building Space. Other Approvals All permits, licenses, easements, zoning relief, subdivision relief, orders and certificates or other authorizations issued by any applicable Entity other than a Governmental Agency required by Tenant to allow for the use and occupancy of the Premises and the Equipment Building for the Intended Use and the provision of all utilities necessary for the Intended Use. Premises That certain real property located at 100 North River Road in Des Plaines, Illinois and legally described in Exhibit B. Renewal Term(s) Three (3) periods of five (5) Lease Years each. Exhibit A Page 10 of 45 {00126167.4} 4 Rent a.Initial Term: Annual rent of $18,960 for Lease Year beginning September 1, 2022, payable annually in advance. In year two of the Initial Term, and each year of the Initial Term thereafter, the annual rent will increase 4.5% over the Rent paid during the previous Lease Year as set forth in Exhibit C. b.Renewal Terms: Annual rent of $23,628 per Lease Year, beginning on September 1, 2027, payable annually in advance. In year two of the first Renewal Term, and each year thereafter, including throughout any additional Renewal Terms exercised, the annual rent will increase 4.5% over the Rent paid during the previous Lease Year as set forth in Exhibit C. Tax Year The year in which Taxes are due and payable to the applicable Governmental Agency. Taxes Ad valorem real property taxes and assessments (whether general or special) that are lawfully levied or assessed by any Governmental Agency and that become a lien on, or are levied against, the tax parcel of which the Leased Property is a part. Tenant's Equipment Building Space That certain space located within the Equipment Building, as depicted in Exhibit A, comprising approximately 200 square feet in Floor Area. Tenant's Proportionate Share The product of a particular cost or charge multiplied by a fraction whose numerator is the number one (1) and whose denominator is the number of Entities leasing space on the Premises as of the date such cost or charge was incurred. Tenant's Tower Space Those certain areas of the Tower, as depicted in Exhibit A. Term The Initial Term and any Renewal Term exercised pursuant to the provisions of this Lease, as the context shall require. Tower The water tower owned by Landlord and located on the Premises. ARTICLE 3 - DEMISE Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Leased Property and such related uses of the Premises as may be described in this Lease. ARTICLE 4 - TERM Tenant shall have and hold the Leased Property, and such related uses of the Premises as may be described in this Lease, for the Term, unless sooner terminated as hereinafter provided. ARTICLE 5 - RENT 5.1 On the first day of the first Lease Year, Tenant shall pay to Landlord, (i) the Rent and (ii) the Rent for each day of such Lease Year in excess of 365 days, Exhibit A Page 11 of 45 {00126167.4} 5 calculated on a per diem basis. On the first day of each subsequent Lease Year for the balance of the Term, Tenant shall pay the Rent to Landlord. 5.2 Tenant shall pay all Rent to Landlord at the address set forth in Article 1 of this Lease. 5.3 Tenant shall pay to Landlord a late payment charge equal to five percent of the total amount due for any Rent not paid within fifteen days after the date on which such Rent is due. Landlord shall invoice Tenant for all late payment charges within one (1) year from the date on which the charges were incurred; any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. 5.4 Upon request from Tenant, Landlord shall provide Tenant with a complete and accurate W-9 form and any other documents reasonably requested by Tenant for its internal, regulatory or tax compliance purposes. . ARTICLE 6 - TAXES 6.1 The Taxes on the Leased Property shall be either: (a)the actual Taxes if the Leased Property is a separate tax parcel; or (b)if the Leased Property is not a separate tax parcel, the Tenant’s Proportionate Share of the amount of the Taxes included in the tax statement(s) that includes the Premises. 6.2 In the event that this Lease results in the partial or total loss of the Premises' exemption from Taxes, Tenant shall be responsible for the payment of the following: (a)If the Leased Property is a separate tax parcel, Tenant shall pay the full amount of all Taxes assessed thereon to the Governmental Agency. (b)If the Leased Property is not a separate tax parcel, Tenant shall pay to Landlord, an amount attributable to and levied upon Tenant’s leasehold improvements on the Leased Property at least fifteen days prior to the due date for such Taxes during each Tax Year of the Term. Landlord shall then pay the amount of the Taxes assessed against the Leased Property. Landlord shall submit a bill to Tenant for the portion of Taxes owed by Tenant at least sixty (60) days before Taxes are due on the Premises. 6.3 Tenant shall be solely responsible for, and shall timely pay, all personal property taxes levied and assessed, if any, against Tenant or Tenant’s personal property. 6.4 At the request of either party, the other party shall provide evidence of payment of any Taxes or personal property taxes. 6.5 Tenant shall be solely responsible for all costs and expenses attributable to any divisions, consolidations, or other applications and relief relating to Taxes that may result from this Lease or Tenant’s use of the Leased Property and the Premises. Exhibit A Page 12 of 45 {00126167.4} 6 Tenant shall reimburse Landlord for Tenant’s Proportionate Share of any costs and expenses, including reasonable attorneys’ fees, incurred by Landlord in connection with such matters. For any Taxes for which Tenant is responsible under this Lease, Tenant shall have the right to contest, in good faith, the validity or the amount thereof using such administrative, appellate or other proceedings as may be appropriate in the jurisdiction and may pay same under protest, or take such other steps as may be permitted by the applicable jurisdiction. This right shall include the ability to institute any legal, regulatory or informal action with respect to the valuation of the Leased Property. Landlord shall cooperate with respect to the commencement of any such proceedings. The expense of any such proceedings shall be borne by Tenant and any refunds or rebates secured as a result of Tenant’s action shall belong to Tenant, to the extent the amounts were originally paid by Tenant. 6.6 If Landlord causes the Leased Property to be assigned its own tax parcel, it shall not include property in excess of the Leased Property. 6.7 Tenant shall have the right, but not the obligation at any time after the Landlord’s failure to pay the Taxes due by Landlord after the prior written notice to pay any Taxes due by Landlord hereunder if Landlord fails to timely do so, in addition to any other rights or remedies of Tenant. In the event that Tenant exercises its rights under this Section 6.7 due to Landlord’s failure to pay, Tenant shall have the right to deduct such tax amounts paid from any monies due to Landlord from Tenant. Tenant shall endeavor to give Landlord thirty (30) days prior written notice of its intent to pay Landlord’s Taxes, unless payment must be made sooner in order to prevent a foreclosure of the Premises. Notwithstanding anything to the contrary contained in this Section 6.7, Tenant shall have no obligation to reimburse any tax or assessment for which the Landlord is reimbursed or rebated by a third party. 6.8 Any tax-related notices shall be sent to Tenant in the manner set forth in Section 28.1 and, in addition, of a copy of any such notices shall be sent to the following address. Promptly after the Effective Date of this Lease, Landlord shall provide the following address to the taxing authority for the authority’s use in the event the authority needs to communicate with Tenant. Northern Illinois Gas Company Attn: Real Estate Administration -- Taxes 241 Ralph McGill Blvd.Bin #10139, ATTN: Laura Keyes Atlanta, GA 30308 ARTICLE 7 - USE 7.1 Prior to commencing the Intended Use, Tenant shall, at its sole cost and expense, obtain any and all Governmental Approvals and Other Approvals that may be required in connection with the use of the Leased Property for the Intended Use. 7.2 Tenant shall have the right during the Term to use the Leased Property for the Intended Use; provided, however, that Tenant shall not use the Leased Property in any manner that interferes with or disturbs the use of the Premises (i) by Landlord for any lawful purpose or (ii) by a Co-Tenant whose facilities were installed prior to the Commencement Date for any lawful use authorized under Landlord’s lease with Co- Tenant. Exhibit A Page 13 of 45 {00126167.4} 7 7.3 Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Premises. ARTICLE 8 - QUIET ENJOYMENT; CO-TENANTS 8.1 Tenant recognizes that Landlord has the right to, and may from time to time, lease a portion of the Premises to Co-Tenants. 8.2 Tenant recognizes, acknowledges and agrees that the primary purpose of Landlord’s ownership and use of the Tower and the Premises is for the public purposes of providing a reliable and continuous source of potable water within and without Landlord’s corporate limits, and providing public safety communications in connection with the provision of public safety services by Landlord and other Governmental Agencies. Tenant understands and agrees that its Intended Use of the Leased Property and the Premises may, from time to time, be disrupted and disturbed due to Landlord’s obligation to provide potable water and such other services, including emergency situations as determined by Landlord, and Tenant agrees to cooperate with Landlord in Landlord’s provision of such services. 8.3 Subject to the other terms and provisions of this Article, Landlord covenants and agrees that upon (i) payment by Tenant of Rent as set forth in Article 5 of this Lease and (ii) performance by Tenant of all terms, covenants and conditions of this Lease applicable to Tenant, Tenant shall peaceably and quietly hold and enjoy the Leased Property and the rights and privileges granted for the Term demised without hindrance or interference by Landlord, and Landlord shall perform all of its obligations under this Lease. 8.4 Landlord shall not permit a Co-Tenant to lease any portion of the Premises after the Commencement Date if Landlord or Northern Illinois Gas Company knows that the Co-Tenant’s proposed use will interfere with Tenant’s Intended Use. In the event that (i) Tenant's use of the Leased Property for the Intended Use is interfered with or disturbed by a Co-Tenant or an officer, agent, employee or contractor of, or other Entity acting on behalf of, a Co-Tenant, or (ii) any property of Tenant's located on the Premises is damaged by a Co-Tenant or an officer, agent, employee or contractor of, or other Entity acting on behalf of, a Co-Tenant, Tenant shall have the right to make any claim for such interference, disturbance or damage directly against such Co-Tenant. Tenant shall provide a copy of any notice by Tenant to a Co-Tenant of such claim. 8.5 Tenant operates on frequencies licensed from the FCC (“Licensed Frequencies”). Tenant warrants and represents that the Antenna Facilities and the installation, operation and maintenance of the Antenna Facilities shall not interfere with the currently existing (as of the Commencement Date) electronic equipment of any of Landlord’s licensees or tenants located on the Premises, or of nearby property owners – provided such other Landlord licensees and tenants are not operating on the Licensed Frequencies. Tenant shall eliminate any such interference within forty-eight (48) hours. If Tenant is unable to eliminate the interference within a reasonable amount of time, Tenant shall have the option to terminate this Lease. Upon such termination, Tenant will take such actions as required by this Lease at its termination. In the event of any interference with Tenant’s Antenna Facilities, Tenant shall have the right to terminate this Lease. Exhibit A Page 14 of 45 {00126167.4} 8 8.6 Tenant acknowledges its right to enforce the provisions of this Article against a Co-Tenant and that Co-Tenant has the right to enforce the provisions of this Article against Tenant. 8.7 From and after the date of this Agreement, Landlord will make every effort to avoid interference with Tenant's then-current equipment If Tenant notifies Landlord that Tenant has detected any such interference, Landlord shall take any necessary action immediately to cease such interference (including, without limitation, if required, deactivation of the equipment causing such interference) until a mutually acceptable permanent solution is developed. If such interference does not cease promptly, Tenant shall have the right, in addition to any other rights or remedies under this Agreement or at law or in equity, to terminate this Agreement. ARTICLE 9 - UTILITIES From the Commencement Date and continuing throughout the Term: a.The Landlord agrees to allow the Tenant to utilize a 20-amp circuit breaker from the Landlord’s current electric service. The cost of the electric is included in the rent. b.If electrical utility service is interrupted for an extended period of time, in Tenant’s reasonable determination, Landlord agrees to allow Tenant, at Tenant’s expense, the right to bring in a temporary source of power for the duration of the interruption as long as the temporary source of power does not interfere with Landlords operation of the Tower. Tenant will provide Landlord with as much advanced notice as is reasonably possible of its intent to provide such temporary source of power. Exhibit A Page 15 of 45 {00126167.4} 9 ARTICLE 10 - ACCESS 10.1 Tenant and its authorized representatives shall have the right to enter the Premises for the purpose of gaining access to the Leased Property upon 24 hours’ notice to Landlord; provided, however, that advance notice to Landlord shall not be required in the event of a bona fide emergency. Tenant will be allowed to access the Premises by obtaining a key from Landlord’s Public Works Water Treatment facility located at 2555 Maple Street, Des Plaines, Illinois 60018 (Contact telephone number 847-391-5490). Landlord and its agents shall have the right to enter the Premises and the Leased Property (i) for the purpose of examining and inspecting the Leased Property and the antenna facilities upon 24 hours’ notice to Tenant; provided, however, that notice to Tenant shall not be required in the event of a bona fide emergency, and (ii) for operating, maintaining, testing, repairing, and replacing the Tower and the Premises at any time without notice to Tenant. 10.2 Landlord hereby grants the Tenant the following rights: a.A right to run cable, including constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, through the Connection Space to allow the Leased Property to be used for the Intended Use. b.A right of access to and over the Premises upon advanced notice to, and approval by, Landlord for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as may be required in order to provide utility or similar services, including electronic power and telecommunications, to the Leased Property for the Intended Use. This right will extend to any company providing utility or similar services, including electronic power and telecommunications to the Leased Property. ARTICLE 11 - PROPERTY IN OR UPON LEASED PROPERTY All facilities, equipment and property of any nature that may be installed or placed in or upon the Leased Property by Tenant, but not including the Equipment Building, shall remain the property of Tenant. Landlord waives any right it may have in said facilities, equipment and property other than the Equipment Building. Tenant may assign, lien, encumber, mortgage or create a security interest in or upon its facilities, equipment or other property in or upon the Leased Property without the consent of Landlord; provided, however, that Tenant may not assign, lien, encumber, mortgage or create a security interest in any facilities, equipment or property of the Landlord, including the Tower, the Premises and the Equipment Building. ARTICLE 12 - MAINTENANCE 12.1 Tenant shall, at its sole cost and expense, maintain the Antenna Facilities and all of its improvements, equipment and other personal property located upon or within the Leased Property in good condition and repair. Tenant shall keep the Leased Property free of debris and free of any dangerous, noxious, hazardous or offensive condition prohibited by applicable law. Exhibit A Page 16 of 45 {00126167.4} 10 12.2 In the event Landlord is required to perform maintenance activities on the Tower, Landlord will make all reasonable efforts to perform such maintenance without interfering with the Antenna Facilities. If Landlord is required to perform maintenance activities that require the relocation or temporary removal of the Antenna Facilities, Tenant agrees to remove its Antenna Facilities for the duration of the maintenance and reattach the Antenna Facilities at its cost. The parties will work together in good faith to expedite any maintenance activities on the Tower. In the event Landlord determines that unplanned, emergency maintenance work requiring the immediate removal of the Antenna Facilities is necessary to preserve the structural integrity of the Tower, the safe operation of the City of Des Plaines’ (“City”) water supply system, or the safety of the City’s Public Works personnel or the City’s contractors, in accordance with Section 8.2 of this Lease, Tenant agrees to cooperate with Landlord and Landlord agrees to work in good faith and in an expedited manner to provide alternative facilities, including cellular on wheels facilities that offer the same level of service coverage, during the duration of such emergency work. ARTICLE 13 - IMPROVEMENTS The Antenna Facilities installed on the Leased Property shall conform with the plans shown in Exhibit A. No change in or modification to the Antenna Facilities that is not in conformance with Exhibit A shall be made by Tenant without an amendment to this Lease in the manner provided in Article 28 of the Lease. Notwithstanding the foregoing, Tenant has the right to modify, supplement, replace, upgrade, expand the equipment, within Tenant's Equipment Building Space at any time during the Term of this Lease, without Landlord’s consent. Furthermore, Tenant shall have the right to replace, repair and upgrade any Antenna Facilities on the Tower after providing Landlord with advanced written notice of, and an opportunity to review all plans and specifications associated with such replacement, repair or upgrade. Landlord will, within ten (10) days after receiving notice and an opportunity to review, not unreasonably withhold its consent to such replacement, repair, or upgrade, provided, however, any alteration to the Premises and the Tower that increases the number or size of panel antennas shall be considered a material alteration to the Antenna Facilities and shall require a written amendment to this Lease. If Landlord’s fails to respond in writing to Tenant's proposed plans within thirty (30) days of their receipt, Tenant shall have the right to terminate this Lease, unless and until Landlord responds. Tenant will be allowed to make such alterations to the Premises in order to ensure compliance with all applicable federal, state or local laws, rules or regulations. ARTICLE 14 - INDEMNIFICATION Tenant shall indemnify, save harmless, and defend Landlord, its boards, committees, commissions, officers, agents and employees, against any and all lawsuits, claims, demands, damages, liabilities, losses, and expenses, including attorneys’ fees and administrative expenses, that may arise, or be alleged to have arisen, out of or in connection with the existence of a breach of this Lease by Tenant or any act or omission of Tenant whether or not due or claimed to be due in whole or in part to the active, passive, or concurrent negligence or fault of Tenant, except to the extent caused by the negligence or intentional acts or omissions of Landlord, but not to the extent that Landlord’s acts or omissions are subject to tort immunity. Exhibit A Page 17 of 45 {00126167.4} 11 To the extent permitted by applicable law, Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all lawsuits, claims, demands, damages, liabilities, losses, and expenses, including attorneys’ fees and administrative expenses, that may arise, or be alleged to have arisen, out of or in connection with Landlords ownership of the Premises or breach of this Lease or any negligent or intentional act of Landlord related to this Lease, whether or not due or claimed to be due in whole or in part or the active, passive, or concurrent negligence or fault of Landlord, except to the extent that Landlord’s acts or omissions are subject to tort immunity and except to the extent caused by the negligent or intentional acts or omissions of Tenant or its officers, employees or agents. The indemnified party: (i) shall promptly provide the indemnifying party with written notice of any claim, demand, lawsuit, or the like for which it seeks indemnification pursuant to this Section and provide the indemnifying party with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of the indemnifying party; and (iii) shall fully cooperate with the indemnifying party in the defense of the claim, demand, lawsuit, or the like. A delay in notice shall not relieve the indemnifying party of its indemnity obligation, except (1) to the extent the indemnifying party can show it was prejudiced by the delay; and (2) the indemnifying party shall not be liable for any settlement or litigation expenses incurred before the time when notice is given. ARTICLE 15 - INSURANCE 15.1 Tenant shall maintain insurance on any of its property located on the Premises as it may deem reasonable and necessary. Landlord shall have no liability for damage, destruction or loss to such property other than that caused by the intentional acts of Landlord. 15.2 Tenant shall maintain, at its sole cost and expense, throughout the Term, the following policies of insurance issued by a company with at least an “A” rating from the most recently published A.M. Best and Company Guide and authorized to do business in the State of Illinois: a.Commercial general liability insurance, on Insurance Services Office (ISO) policy form CG 00 01 or its equivalent, insuring Tenant against liability for personal injury, death or damage to property arising out of the use of the Leased Premises by Tenant. Such insurance shall provide coverage with policy limits of not less than $5 million in the event of bodily injury or death to one or more persons and in an amount of not less than $5 million for property damage. b. Automobile liability insurance, on an “any auto” basis, with a combined single limit for personal injury and property damage not less than $2 million. c.Workers’ compensation insurance, with such limits as are required by law, and employees’ liability insurance, with limits not less than $500,000 per person-injury and $1 million per occurrence. With respect to all insurance policies required to be maintained by Tenant pursuant to this Lease: Exhibit A Page 18 of 45 {00126167.4} 12 a.The following parties shall be included as additional insureds: The City of Des Plaines and its boards, committees, commissions, officers, agents and employees. Such additional insured coverage: (i) shall be limited to bodily injury, property damage or personal and advertising injury caused, in whole or in part, by Tenant, its employees, agents or independent contractors; (ii) shall not extend to claims for punitive or exemplary damages arising out of the acts or omissions of Landlord, its employees, agents or independent contractors or where such coverage is prohibited by law or to claims arising out of the gross negligence of Landlord, its employees, agents or independent contractors; and (iii) shall not exceed Tenant’s indemnification obligation under this Lease, if any. b. Tenant shall give the City of Des Plaines at least thirty (30) days prior written notice of any intention not to renew any policy required hereunder or to cancel and not replace or materially alter such policies, such notice to be given by certified mail, addressed to: City Manager, City of Des Plaines, 1420 Miner Street, Des Plaines, IL 60016. Tenant shall send a certificate of insurance for each such policy to Landlord annually and any time a new policy is issued. 15.3 Notwithstanding the foregoing, Tenant may self-insure the coverages required in subsection 15.2 under the same terms provided that that (i) Tenant or its parent company maintains a net worth of $500,000,000 throughout the term of this Lease; (ii) Tenant maintains sufficient capital reserves as approved annually by Ernst & Young or any successor auditing company; (iii) Tenant uses a third party administrator to manage all claims; (iv) Tenant is responsible for payment of any self-insured retention; and (v) Tenant provides Landlord with sufficient advance notice of its intent to self- insure. In the event Tenant elects to self-insure its obligation to include Landlord as an additional insured, the following provisions shall apply (in addition to those set forth in subsection 15.2): (x) Landlord shall promptly and no later than thirty (30) days after notice thereof provide Tenant with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide Tenant with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (y) Landlord shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Tenant; and (z) Landlord shall fully cooperate with Tenant in the defense of the claim, demand, lawsuit, or the like. 15.4 Landlord shall, at its own cost and expense, at all times throughout the Term carry all-risk property insurance for or properly self-insure the Tower and Equipment Building. Exhibit A Page 19 of 45 {00126167.4} 13 ARTICLE 16 - EMINENT DOMAIN In the event that all or substantially all of the Premises shall be taken by any Governmental Agency or utility that has the power of eminent domain, then Tenant shall have the right to terminate this Lease within sixty (60) days thereafter. Each party shall have the right to maintain its own respective action against the condemning authority for its respective damages and neither party shall have any interest in any award granted to the other. ARTICLE 17 - ENVIRONMENTAL COMPLIANCE 17.1 Tenant shall, at Tenant’s sole cost and expense, comply with all Environmental Laws pertaining to Tenant's operations on the Premises. Landlord shall, at Landlord’s sole cost and expense, comply with all Environmental Laws pertaining to Landlord's operations on the Premises. 17.2 Tenant shall not cause or permit any Hazardous Substance to be brought, kept, stored or used in or about the Premises, except for normal and customary amounts used in conjunction with the Intended Use in compliance with all Environmental Laws; provided, however, that Tenant may use batteries or a temporary generator to provide power for the Antenna Facilities in the event of a bona fide emergency, so long as such power source, and its operation and use, complies with all Environmental Laws. 17.3 If Tenant causes or permits any Hazardous Substance to be brought, kept, stored or used in or about the Premises and such violation results in the contamination of the Premises, Tenant shall indemnify, save harmless and defend Landlord, and its boards, committees, commissions, officers, agents and employees, against any and all lawsuits, claims, demands, damages, liabilities, losses, and expenses, including attorneys’ fees and administrative expenses (“Claims”), that may arise, or be alleged to have arisen, out of or in connection with Tenant’s acts or omissions in connection with such Hazardous Substance whether or not due or claimed to be due in whole or in part to the active, passive, or concurrent negligence or fault of Tenant, except to the extent caused by Landlord. Landlord agrees to hold harmless and indemnify Tenant from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Landlord for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from subsurface or other contamination of the Premises with Hazardous Substances prior to the effective date of this Lease or from such contamination caused by the acts or omissions of the Landlord during the Term. 17.4 Landlord represents to the best of its knowledge that (i) the Premises, as of the date of this Lease, is free of hazardous substances, including asbestos-containing materials and lead paint, and (ii) the Premises has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation. In the event Tenant becomes aware of any Hazardous Substances on the Premises, or any environmental, health or safety condition or matter relating to the Premises, that, in Tenant’s sole determination, renders the condition of the Leased Property or Premises unsuitable for Tenant’s use, or if Tenant believes that the leasing or continued leasing of the Leased Property would expose Tenant to undue risks of liability to a government agency or third party, Tenant will provide notice and an opportunity to cure to an extent necessary to allow Tenant to use the Leased Property for the Intended Use. Tenant represents, covenants and warrants that Tenant’s Exhibit A Page 20 of 45 {00126167.4} 14 operations in, on or under the Premises shall be in compliance with all applicable Environmental Laws. ARTICLE 18 - ASSIGNMENT AND SUBLETTING Tenant will have the right to assign, sell or transfer its interest under this Lease, in whole or part, with Landlord’s consent, to: (a) Tenant’s Affiliate, (b) to any entity with a net worth of at least Twenty Million Dollars ($20,000,000) or (c) any entity that acquires all or substantially all of the Tenant’s assets in the market as defined by the Federal Communications Commission in which the Property is located. Upon notification to Landlord of such assignment, transfer or sale, Tenant will be relieved of all future performance, liabilities and obligations under this Lease. Tenant may not otherwise assign or sublease this Lease with Landlord’s consent, Landlord’s consent not to be unreasonably withheld, conditioned or delayed. “Affiliate” means with respect to a party to this Lease, any person or entity that (directly or indirectly) controls, is controlled by, or under common control with, that party. “Control” of a person or entity means the power (directly or indirectly) to direct the management or policies of that person or entity, whether through the ownership of voting securities, by contract, by agency or otherwise. ARTICLE 19 - DEFAULT 19.1 Tenant shall be in default of this Lease if Tenant shall: a.fail to pay, when due, any Rent or any other sums due and payable hereunder within 30 days after notice by Landlord to Tenant specifying the amount and details of unpaid Rent or other sums due hereunder; or b.breaches any other covenant or condition of this Lease and does not cure such other default within 30 days after notice from Landlord specifying the default complained of (provided that is such default is not reasonably susceptible of cure within said thirty day period and if Tenant is diligently and continuously pursuing such cure to completion then such cure period may be extended by up to sixty additional days); c.if Tenant abandons the Leased Property and ceases its operations at the Leased Property for more than 60 days; d.if Tenant is adjudicated as bankrupt or makes an assignment for the benefit of creditors; or e.if Tenant becomes legally insolvent. 19.2 In the event of a default as described above, Landlord shall have the right, at its option, in addition to and not exclusive of any other remedy Landlord may have in law or equity with only such further demand or notice as may be required by applicable law, to re-enter the Leased Property and eject all persons therefrom, and either: a.Declare this Lease at an end, in which event Tenant shall remove the Antenna Facilities within 60 days and pay Landlord a sum of money equal to the total of: (i) the amount of the unpaid Rent Exhibit A Page 21 of 45 {00126167.4} 15 accrued through the date of termination; and (ii) any other amount necessary to reimburse Landlord for its costs paid to third parties directly and proximately caused by Tenant’s breach of this Lease. b.Without terminating this Lease, relet the Leased Property, or any part thereof, for the account of Tenant upon such terms and conditions as Landlord may deem advisable, and any monies received from such reletting shall be applied first to the expenses of such reletting and collection, including reasonable attorneys’ fees, any real estate commissions paid, and thereafter toward payment of all sums due or to become due Landlord hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, Tenant shall pay Landlord any deficiency monthly upon demand. 19.3 No re-entry and taking of possession of the Leased Property by Landlord shall be construed as an election on Landlord’s part to terminate this Lease, regardless of the extent of renovations and alterations by Landlord, unless a written notice of such intention is given to Tenant by Landlord. Notwithstanding any reletting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. 19.4 Landlord shall be in default of this Lease if (i) Landlord fails to provide access to the Leased Property as required by this Lease within twenty-four (24) hours after written notice of such failure; or (ii) Landlord shall breach any of its covenants contained in this Lease and does not cure such other default within 30 days after notice from Landlord specifying the default complained of (provided that is such default is not reasonably susceptible of cure within said 30 day period and if Landlord is diligently and continuously pursuing such cure to completion then such cure period may be extended by up to 90 additional days). If Landlord remains in default beyond any applicable cure period, Tenant will have: (i) the right to terminate this Lease and receive from Landlord a refund of any unused, prepaid Rent on a pro rata basis, or; (ii) the right to cure Landlord’s default and to deduct the costs of such cure from any monies due to Landlord from Tenant, and (iii) any and all other rights available to it under law and equity. 19.5 In any action or proceeding hereunder, the prevailing party shall be entitled to recover from the other the prevailing party's reasonable costs and expenses in such action or proceeding, including, without limitation, reasonable attorneys' fees. In the event either party is sued by a third party as a result of a violation of a covenant or warranty herein contained by the other party hereto, then the party who has violated the covenant or warranty shall be responsible for the reasonable costs and expenses in such action or proceeding against the non-violating party, including, without limitation, reasonable attorneys' fees. ARTICLE 20 - FORCE MAJEURE Except as otherwise expressly set forth herein, in the event either party hereto shall be delayed or hindered in, or prevented from, the performance of any act required hereunder by reason of strikes, lock-outs, labor troubles, inability to procure materials, failure of power, restrictive laws or regulations of Governmental Agencies, riots, insurrection, war or other reasons of a like nature not the fault of the party delayed in doing acts required under the terms, Exhibit A Page 22 of 45 {00126167.4} 16 covenants and conditions of this Lease (all of such reasons or causes referred to in this Lease as Force Majeure), then performance of such acts shall be excused for the period of the delay and the period of the performance of any such act shall be extended for a period equivalent to the period of such delay. ARTICLE 21 - EVIDENCE OF LEASE Concurrent with the execution of this Lease, Landlord and Tenant shall execute an evidence of this Lease for recording, substantially in the form of Exhibit D (Evidence of Lease). Landlord may if it desires, record the Evidence of Lease and in such case Tenant shall reimburse Landlord the actual recording fees charged by the county for recording the Evidence of Lease. In the event of a significant change to the terms, covenants and conditions of this Lease, as determined by Landlord, Landlord and Tenant shall execute and record a new or amended and restated Evidence of Lease stating such changed terms. ARTICLE 22 - ESTOPPEL CERTIFICATE Upon notice from either Landlord or Tenant to the other party, such other party shall, within twenty days of receipt of such notice, execute and deliver to the requesting party, without charge, a written statement: a.ratifying this Lease; b.certifying that this Lease is in full force and effect, if such is the case, and has not been modified, assigned, supplemented or amended, except by such writings as shall be stated; c.certifying that all terms, covenants and conditions under this Lease to be satisfied and performed have been satisfied and performed, except as shall be stated; d.certifying that the other party is not in default under this Lease, or stating the defaults claimed; and e.reciting the amount of advance rental, if any, paid by Tenant and the date to which rental has been paid. ARTICLE 23 - SUBORDINATION 23.1 Landlord reserves the right to subject and subordinate this Lease at all times to the lien of any first mortgage or deed of trust or bond now or hereafter placed upon Landlord's interest in the Premises; provided, however, that: a.Tenant's possession of the Leased Property shall not be disturbed so long as Tenant continues to perform its duties and obligations under this Lease; and b.Tenant's duties and obligations under this Lease shall not Exhibit A Page 23 of 45 {00126167.4} 17 be expanded nor its rights diminished by the operation of this Article, 23.2 Tenant shall attorn to the mortgagee, trustee, beneficiary or bond holder under any such mortgage, deed of trust or bond, and to the purchaser in a sale pursuant to the foreclosure thereof; provided, however, that Tenant's possession of the Premises shall not be disturbed so long as Tenant shall continue to perform its obligations under the Lease. If the Premises is or becomes encumbered by a deed to secure a debt, mortgage or other security interest, Landlord will provide promptly to Tenant a mutually agreeable subordination, non-disturbance and attornment agreement executed by Landlord and the holder of such security interest. ARTICLE 24 - SURRENDER OF LEASED PROPERTY Within 30 days after the expiration of the Term, Tenant will quit and surrender the Leased Property in as good a state and condition as received, reasonable wear and tear, items that are Landlord's responsibility for repair, and damage by insurable casualty, excepted. Notwithstanding the foregoing, Tenant will not be required to remove any footings, foundations or concrete or any underground utilities ARTICLE 25 - HOLD OVER Unless this Lease is terminated or not renewed during a previous Term, this Lease automatically expires upon the expiration of the last Renewal Term (“Expiration Date”). In the event Tenant fails to deliver possession of the Leased Property by the Expiration Date or if Tenant remains in possession of the Leased Property after the termination of this Lease, then Tenant will be deemed to be occupying the Leased Property on a month-to-month basis, subject to the terms and conditions of this Lease provided that Rent shall be equal to 150 percent of the Rent due prior to such termination or the Expiration Date. ARTICLE 26 - RENEWAL TERM(S) AND EXPIRATION Landlord hereby grants to Tenant the right and option to renew this Lease and extend the Term for the Renewal Term(s) upon the terms, covenants and conditions contained in this Lease. The Renewal Terms shall be automatically exercised unless Tenant gives written notice to Landlord of Tenant’s intention not to renew this Lease at least six (6) calendar months before the expiration of the then current Term. If Tenant desires to continue to lease the Premises beyond the three five-year Renewal Terms contemplated by this Lease, Tenant will notify Landlord at least six (6) calendar months before the Expiration Date and the parties may renegotiate a new lease. ARTICLE 27 - BROKER’S COMMISSION Landlord and Tenant each warrant to the other that they have used no brokerage Entity in connection with this Lease and that no brokerage fees or commissions are owed in connection therewith. Each party shall, and does hereby, indemnify, save harmless and agree to defend the other from any liability for any such fees and commissions. Exhibit A Page 24 of 45 {00126167.4} 18 ARTICLE 28 - GENERAL 28.1 Notices. Any notice or other communication required or permitted to be given under this Lease shall be in writing and shall be (a) personally delivered, (b) delivered by a reputable overnight courier, or (c) delivered by certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid. Unless otherwise expressly provided in this Lease, notices shall be deemed received at the earlier (x) of actual receipt, or (y) one business day after deposit with an overnight courier as evidenced by a receipt of deposit or (z) three business days following deposit in the U.S. mail, as evidenced by a return receipt. Notices shall be directed to the parties at their respective addresses set forth in Article 1 of this Lease or at such other address as either party may, from time to time, specify by written notice to the other in the manner described above. 28.2 Time of the Essence. Time is of the essence in the performance of all terms, covenants and conditions of this Lease. 28.3 Rights Cumulative. Unless expressly provided to the contrary in this Lease, each and every one of the rights, remedies and benefits provided by this Lease shall be cumulative and shall not be exclusive of any other such rights, remedies and benefits allowed by law. 28.4 Non-Waiver. The failure of Landlord or Tenant to enforce against the other any term, covenant or condition of this Lease shall not be deemed a waiver thereof, nor void or affect the right of the aggrieved party to enforce the same term, covenant or condition on the occasion of any subsequent breach or default; nor shall the failure of either party to exercise any option in this Lease upon any occasion arising therefor be deemed or construed to be a waiver of the right to exercise that same kind of option upon any subsequent occasion. 28.5 No Joint Venture. It is hereby understood and agreed that nothing contained in this Lease shall be deemed or construed as creating the relationship of principal and agent, partnership or joint venture between the parties hereto, it being agreed that no provision herein contained nor any acts of the parties herein shall be deemed to create any relationship between the parties hereto other than the relationship of Landlord and Tenant. 28.6 Consents. Whenever the consent or approval of either party is required herein, such consent or approval shall be in writing and shall not be unreasonably withheld or delayed, and, in all matters contained herein, both parties shall have an implied obligation of reasonableness, except as may be expressly set forth otherwise. 28.7 Warranties Regarding Execution. a.In order to induce Tenant to enter into this Lease, Landlord hereby warrants and represents to Tenant as follows: i.Landlord has the authority and legal right to make, deliver and perform this Lease and has taken all necessary actions to authorize the execution, delivery and performance of this Lease; and Exhibit A Page 25 of 45 {00126167.4} 19 ii.the execution, delivery and performance of this Lease (i) is not prohibited by any requirement of law under any contractual obligation of Landlord; (ii) will not result in a breach or default under any agreement to which Landlord is a party or to which Landlord is bound; and (iii) will not violate any restrictions, court order or agreement to which Landlord is subject; and iii.The party executing this Lease on behalf of Landlord has full authority to bind Landlord to the obligations set forth herein. iv.That Landlord owns fee simple title to the Tower, and has the right to maintain the Tower on the Premise and same will remain during the term of this Agreement, free and clear of any liens, judgments, encumbrances, or restrictions which would prevent or adversely affect the Tenant’s use of the Premises. b.In order to induce Landlord to enter into this Lease, Tenant hereby warrants and represents to Landlord as follows: i.Tenant has the authority and legal right to make, deliver and perform this Lease and has taken all necessary actions to authorize the execution, delivery and performance of this Lease; and ii.the execution, delivery and performance of this Lease (i) is not prohibited by any requirement of law under any contractual obligation of Tenant; (ii) will not result in a breach or default under any agreement to which Tenant is a party or to which Tenant is bound; and (iii) will not violate any restrictions, court order or agreement to which Tenant is subject; and iii.The party executing this Lease on behalf of Tenant has full authority to bind Tenant to the obligations set forth herein. 28.8 Governing Law. This Lease shall be governed by, construed and enforced in accordance with the internal laws, but not the conflict of laws rules, of the State of Illinois. Exhibit A Page 26 of 45 {00126167.4} 20 28.9 Severability. If any term, covenant or condition of this Lease is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 28.10 Entire Agreement. This Lease shall constitute the entire agreement of the parties hereto; all prior agreements between the parties, whether written or oral, are merged herein and shall be of no force and effect. 28.11 Successors and Assigns. The terms, covenants and conditions of this Lease shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 28.12 Grammatical Usage and Construction. In construing this Lease, feminine or neuter pronouns shall be substituted for those masculine in form and vice versa, and plural terms shall be substituted for singular and singular for plural in any place in which the context so requires. 28.13 Interpretation. This Lease shall be construed without regard to the identity of the party who drafted the various provisions hereof. Moreover, each and every provision of this Lease shall be construed as though all parties hereto participated equally in the drafting thereof. As a result of the foregoing, any rule or construction that a document is to be construed against the drafting party shall not be applicable hereto. 28.14 Headings. The table of contents, heading, titles and captions in this Lease have been inserted only for convenience and in no way define, limit, extend or describe the scope or intent of this Lease. 28.15 Exhibits. Exhibits A through D attached hereto are, by this reference, incorporated in and made a part of this Lease. In the event of a conflict between an exhibit and the text of this Lease, the text of this Lease shall control. 28.16 Amendments and Modifications. This Lease may not be modified or amended except by written instrument executed by each of the parties hereto. 28.17 Counterpart Execution. This Lease may be executed in several counterparts, each of which, when executed, shall be deemed to be an original, but all of which together shall constitute one and the same instrument. Each party is permitted to deliver this Agreement to the other party by means of delivery of one or more counterpart signature pages via facsimile or other electronic means as an attachment in portable document format (“.pdf”) or other similar format. Any photographic copy, photocopy or similar reproduction of this Agreement, any Agreement delivered by facsimile or other electronic means, in each case with all signatures reproduced on one or more sets of signatures pages, will be considered as if it were manually executed. 28.18 Calendar Days and Time. Any reference herein to "day" or "days" shall mean calendar and not business days. If the date for giving of any notice required to be given hereunder or the performance of any obligation hereunder falls on a Saturday, Sunday or Federal holiday, then said notice or obligation may be given or performed on the next business day after such Saturday, Sunday or Federal holiday. Exhibit A Page 27 of 45 {00126167.4} 21 28.19 Independent Parties. The parties are and shall be independent contractors and this Agreement shall not be construed to create any relationship of partnership, joint venture or other similar relationship. ARTICLE 29 – RENTAL STREAM If at any time after the date of this Lease, Landlord receives a bona fide written offer from a third party seeking an assignment or transfer of Rent payments associated with this Lease, and Landlord intends to accept the offer (“Rental Stream Offer”), Landlord shall immediately furnish Tenant with a copy of the Rental Stream Offer. Tenant shall have the right within twenty (20) days after it receives such copy to match the Rental Stream Offer and agree in writing to match the terms of the Rental Stream Offer. Such writing shall be in the form of a contract substantially similar to the Rental Stream Offer. If Tenant chooses not to exercise this right or fails to provide written notice to Landlord within the twenty (20) day period, Landlord may assign the right to receive the Rent payments pursuant to the Rental Stream Offer, subject to the terms of this Lease. If Landlord attempts to assign or transfer Rent payments without complying with this Section, the assignment or transfer shall be void. Tenant shall not be responsible for any failure to make payments under this Lease and reserves the right to hold payments due under this Lease until Landlord complies with this Section. ARTICLE 30 – CASUALTY Landlord will provide notice to Tenant of any casualty or other harm affecting the Premises within forty-eight (48) hours of Landlord becoming aware of the casualty or other harm. If any part of the Antenna Facilities or Premises is damaged by casualty or other harm as to render the Leased Property unsuitable, in Tenant’s sole determination, then Tenant may terminate this Lease by providing written notice to Landlord and a reasonable opportunity to cure such casualty or harm to Landlord, which termination will be effective as of the date of such casualty or other harm. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent on a prorata basis. Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Premises as long as there is adequate space, but only until such time as Tenant is able to activate a replacement transmission facility at another location; notwithstanding the termination of this Agreement, such temporary facilities will be governed by all of the terms and conditions of this Agreement, including Rent. If Landlord or Tenant undertakes to rebuild or restore the Leased Property and/or the Antenna Facilities, as applicable, Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Premises at no additional Rent until the reconstruction of the Leased Property and/or the Antenna Facilities is completed. If Landlord determines not to rebuild or restore the Premises, Landlord will notify Tenant of such determination within thirty (30) days after the casualty or other harm. If Landlord does not so notify Tenant, and Tenant decides not to terminate under this Section, then Landlord will promptly rebuild or restore any portion of the Premises interfering with or required for Tenant’s Permitted Use of the Leased Property to substantially the same condition as existed before the casualty or other harm. Landlord agrees that the Rent shall be abated until the Premises and/or the Leased Property are rebuilt or restored, unless Tenant places temporary transmission and reception facilities on the Premises. Exhibit A Page 28 of 45 {00126167.4} 22 ARTICLE 31 - PERMITS The obligations of Tenant under this Agreement are expressly subject to and conditioned upon the satisfaction (or waiver in writing by Landlord) of the following conditions: receipt and maintenance by Tenant of (a) all Government Approvals, Other Approvals and any third party certificates, licenses, approvals, and permits, and (b) any other federal, state or local governmental authorizations (all of the foregoing (a) and (b), collectively, the "Permits") necessary for the use of the Leased Property by Tenant as an antenna site for Tenant's planned communications system, including, without limitation, any building, signage, zoning, variances, special use permits or other Permits required for the Antenna Facilities at the Premises. Landlord shall cooperate with Tenant in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Premises with respect to the Antenna Facilities. Tenant will perform all other acts and bear expenses associated with all Permits for the Antenna Facilities. In the event that (a) any of such applications should be finally rejected or any Permit issued to Tenant is canceled, expires, lapses, or is otherwise withdrawn or terminated by any governmental authority, (b) any structural analysis, truss report, radio frequency propagation, or similar tests are found to be unsatisfactory so that Tenant, in its sole discretion, will be unable to use the Leased Property for its intended purposes, or (c) any condition of the Premises renders it impossible or impractical for Tenant ’s purposes (as determined in Tenant ’s sole discretion), then Tenant shall have the right to terminate this Agreement effective immediately upon Landlord’s receipt of written notice of such termination from Tenant and Landlord will refund the pro rata portion of any unused prepaid Rent. Nothing in this Article shall limit the Landlord’s rights to terminate the Lease if Tenant fails to satisfy the conditions as provided in this Article related to receipt and maintenance of Permits. ARTICLE 32 - ADJOINING AREAS Landlord grants Tenant the right to use the adjoining and adjacent areas upon the Premises as depicted in Exhibit A as is reasonably required during construction, installation, maintenance and operation of Tenant’s equipment. [SIGNATURES APPEAR ON THE NEXT PAGE] Exhibit A Page 29 of 45 {00126167.4} 23 IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. ATTEST: LANDLORD: CITY OF DES PLAINES, an Illinois municipal corporation By: TENANT: Northern Illinois Gas Company d.b.a. Nicor Gas Company, an Illinois corporation By: Its: ATTEST/WITNESS: By: Name: _________________________________________ Title: __________________________________________ Exhibit A Page 30 of 45 STRUCTURAL MECHANICALTELECOMMUNICATION LAND SURVEYING CIVIL AQUATIC ACCESSIBILITY CONSULTING DESIGN & PROGRAM MANAGEMENT PLUMBING ELECTRICAL WT GROUP IL. License No: 184.007570-0015 Expires: 04.30.2023 2675 Pratum Avenue | Hoffman Estates, IL 60192 T: 224.293.6333 | F: 224.293.6444 wtengineering.com © Engineering with Precision, Pace and Passion. COPYRIGHT 2022 THE W-T GROUP, LLCJOB: T2200483CHECK: JKRDRAWN: ATKREVISIONSDATEISSUED FOR05/13/22FOR CLIENT REVIEWA1250 GOLF ROAD DES PLAINES, IL 60016SIGNED: 07/20/22EXPIRES: 11/30/23DES PLAINES WATER TOWER BYATKREV.Engineering Ÿ Design Ÿ Consulting TP_999952_FI 05/19/22REVISIONBATK05/26/22REVISIONCTRK06/16/22REVISIONDATK06/29/22REVISIONEATK07/20/22FINAL0TRK1250 GOLF ROADDES PLAINES, IL 60016SITE ADDRESS:PROJECT TYPE: ±121'-0" WATER TOWERNEW RAD CENTER HEIGHT: ±135'-0"TOWER INFORMATION:COORDINATES (NAD 1983):NEW LEASE AREA: 16'-0" SQ. FT.SQUARE FOOTAGE:U-UTILITYOCCUPANCY:2-BCONSTRUCTION TYPE:LATITUDE:42.055073° NLONGITUDE:-87.893614° W1250 GOLF ROADDES PLAINES, IL 60016TP_999952_FIWATER TOWERTITLE SHEETT-1SITE NUMBER:TOWER TYPE:JURISDICTION:SITE ADDRESS:CITY OF DES PLAINESTITLE SHEETOVERALL SITE PLANSITE PLANT-1C-1C-2E-1TOWER ELEVATION & ANTENNA PLANA-1GROUNDING DETAILSGR-1EQUIPMENT DETAILSENLARGED EQUIPMENT PLANC-3A-2UTILITY PLANC-4SITE DETAILSCITY OF DES PLAINES1420 MINER STREETDES PLAINES, IL 60016TEL: (847) 391-5300DES PLAINES WATER TOWERSITE NAME:ADVANCED WIRELESS DATA, INC.CONTACT: AL SANTOSTEL: (416) 565-1610EMAIL: al_santos@pagenet.caSHEET NUMBER:DESCRIPTION:SHEET INDEXCOMEDCONTACT: T.B.D.TEL: (877) 426-6331N/AMAP DATA ã 2022 GOOGLEUTILITIESELECTRIC:FIBER:PROJECT DESCRIPTIONPROPERTY INFORMATIONAERIAL MAPLOCATION MAPNNAPPLICANT:WT GROUP, LLC.2675 PRATUM AVENUEHOFFMAN ESTATES, IL 60192CONTACT: TIM KUENTEL: (224) 293-6333FAX: (224) 293-6444NICOR1844 FERRY ROADNAPERVILLE, IL 60563CONTACT: T.B.D.TEL: (888) 642-6748PROJECT TEAMA&E:PROPERTY OWNER:MAP DATA ã 2022 GOOGLECODE COMPLIANCEALL WORK AND MATERIALS SHALL BE PERFORMED AND INSTALLED IN ACCORDANCE WITH THE FOLLOWING CODES AS ADOPTED BY THE LOCALGOVERNING AUTHORITIES. NOTHING IN THESE PLANS IS TO BE CONSTRUED TO PERMIT WORK NOT CONFORMING TO THE FOLLOWING CODES:BUILDING CODE:ELECTRICAL CODE:SITE CONSTRUCTIONMANAGER:2015 INTERNATIONAL BUILDING CODE(2015 IBC)2014 NATIONAL ELECTRICAL CODE(2014 NEC)STRUCTURAL:SITE LOCATIONSITE LOCATIONWT GROUP, LLC.STRUCTURAL ENGINEERING2675 PRATUM AVENUEHOFFMAN ESTATES, IL 60192TEL: (224) 293-6333FAX: (224) 293-6444- (1) H-FRAME MOUNTED EQUIPMENT ENCLOSURE AT GRADE- (1) H-FRAME MOUNTED AC PANEL AT GRADE- (1) OMNI ANTENNA & (1) 7/8" COAX CABLE ON TOWERNICOR BUILD OUT:INSTALL NEW NICOR EQUIPMENT AT GRADE WITHIN EXISTINGWATER TOWER INTERIOR & INSTALL NEW NICOR ANTENNA ONEXISTING WATER TOWER. NO NEW WATER OR SEWER ISREQUIRED AS FACILITY IS UNMANNED.Exhibit AExhibit APage 31 of 45 STRUCTURAL MECHANICALTELECOMMUNICATION LAND SURVEYING CIVIL AQUATIC ACCESSIBILITY CONSULTING DESIGN & PROGRAM MANAGEMENT PLUMBING ELECTRICAL WT GROUP IL. License No: 184.007570-0015 Expires: 04.30.2023 2675 Pratum Avenue | Hoffman Estates, IL 60192 T: 224.293.6333 | F: 224.293.6444 wtengineering.com © Engineering with Precision, Pace and Passion. COPYRIGHT 2022 THE W-T GROUP, LLCJOB: T2200483CHECK: JKRDRAWN: ATKREVISIONSDATEISSUED FOR05/13/22FOR CLIENT REVIEWA1250 GOLF ROAD DES PLAINES, IL 60016SIGNED: 07/20/22EXPIRES: 11/30/23DES PLAINES WATER TOWER BYATKREV.Engineering Ÿ Design Ÿ Consulting TP_999952_FI 05/19/22REVISIONBATK05/26/22REVISIONCTRK06/16/22REVISIONDATK06/29/22REVISIONEATK07/20/22FINAL0TRKOVERALL SITE PLANC-1NOVERALL SITE PLANSCALE: 1" = 50'-0"1MAP DATA ã 2022 GOOGLEEXISTING ACCESS DRIVEEXISTING WATER TANK.SEE C-2 & A-1EXISTINGWOODEDAREAEXISTING DRIVEWAY (TYP.)EXISTINGBUILDINGEXISTINGBUILDINGEXISTINGBUILDINGEXISTINGGRASS AREAEXISTINGGRASS AREAEXISTINGPARKING LOTEXISTINGPARKING LOTGOLF ROADEXISTINGPARKING LOTExhibit AExhibit APage 32 of 45 STRUCTURAL MECHANICALTELECOMMUNICATION LAND SURVEYING CIVIL AQUATIC ACCESSIBILITY CONSULTING DESIGN & PROGRAM MANAGEMENT PLUMBING ELECTRICAL WT GROUP IL. License No: 184.007570-0015 Expires: 04.30.2023 2675 Pratum Avenue | Hoffman Estates, IL 60192 T: 224.293.6333 | F: 224.293.6444 wtengineering.com © Engineering with Precision, Pace and Passion. COPYRIGHT 2022 THE W-T GROUP, LLCJOB: T2200483CHECK: JKRDRAWN: ATKREVISIONSDATEISSUED FOR05/13/22FOR CLIENT REVIEWA1250 GOLF ROAD DES PLAINES, IL 60016SIGNED: 07/20/22EXPIRES: 11/30/23DES PLAINES WATER TOWER BYATKREV.Engineering Ÿ Design Ÿ Consulting TP_999952_FI 05/19/22REVISIONBATK05/26/22REVISIONCTRK06/16/22REVISIONDATK06/29/22REVISIONEATK07/20/22FINAL0TRKSITE PLANSCALE: 1/4" = 1'-0"N1SITE PLANC-2NOTE:SEE SHEETS E-1 FOR NEW UTILITY ROUTINGGENERAL SITE NOTES:1. CONTRACTOR WILL NOT START CONSTRUCTIONUNTIL AFTER THEY HAVE RECEIVED THE PRE-CONPACKAGE AND HAVE A PRE-CON WALK WITH THEPROJECT MANAGER.2. CONTRACTOR TO HIRE PUBLIC (811) AND PRIVATELOCATING SERVICE IN ORDER TO LOCATE ANDPROTECT ALL SURFACE UTILITIES. DO NOT SCALEOFF THESE PLANS FOR ANY BELOW GRADEUTILITIES3. CONTRACTOR SHALL VERIFY ALL EXISTINGBURIED AND OVERHEAD UTILITIES PRIOR TOEXCAVATION. CONTRACTOR SHALL REPAIR ALLDAMAGED UTILITIES AT HIS OWN COST ANDCOORDINATE ANY REPAIRS WITH RESPECTIVEUTILITY COMPANY.4. CONTRACTOR TO VERIFY ALL HEIGHTS ANDAZIMUTHS IN FIELD PRIOR TO CONSTRUCTION.CONTRACTOR SHALL NOTIFY AWD / SENSUS OFANY DISCREPANCIES BEFORE PROCEEDING.5. CONTRACTOR SHALL RESTORE AND REPAIR ANYDAMAGED AREAS CAUSED BY CONSTRUCTION.EXISTING WATERTOWER ACCESS DOORNEW NICOR 4'-0" X 4'-0"LEASE AREA. SEE C-3EXISTING METEREXISTING CITY AC PANEL TO BEUTILIZED. INSTALL NEW 20 AMPBREAKER FOR NICOR EQUIPMENTEXISTING CONTROLPANELEXISTING WATERTOWEREXISTINGOVERFLOW PIPEEXISTING CABLE PORTTO BE UTILIZED FOR GPSCABLE (2 EXISTING CABLEPORTS TO REMAIN)EXISTING CABLE SUPPORTTO BE UTILIZED (TYP.)EXISTING WATERTOWER INTERIOREXISTINGSUPPLY PIPEEXISTING VAULTEXISTING EQUIPMENTCABINETEXISTING EQUIPMENTCABINETEXISTING CARRIERCABLE ROUTEEXISTING TOWERLIGHTING CONDUITEXISTINGGRASSAREANEW NICOR GPS CABLE TO BEINSTALLED ON NEW MAGNETICMOUNT (MAGNEMOUNT PART#MMSA-38 OR APPROVED EQUAL)(6) EXISTING CABLEPORTSExhibit AExhibit APage 33 of 45 STRUCTURAL MECHANICALTELECOMMUNICATION LAND SURVEYING CIVIL AQUATIC ACCESSIBILITY CONSULTING DESIGN & PROGRAM MANAGEMENT PLUMBING ELECTRICAL WT GROUP IL. License No: 184.007570-0015 Expires: 04.30.2023 2675 Pratum Avenue | Hoffman Estates, IL 60192 T: 224.293.6333 | F: 224.293.6444 wtengineering.com © Engineering with Precision, Pace and Passion. COPYRIGHT 2022 THE W-T GROUP, LLCJOB: T2200483CHECK: JKRDRAWN: ATKREVISIONSDATEISSUED FOR05/13/22FOR CLIENT REVIEWA1250 GOLF ROAD DES PLAINES, IL 60016SIGNED: 07/20/22EXPIRES: 11/30/23DES PLAINES WATER TOWER BYATKREV.Engineering Ÿ Design Ÿ Consulting TP_999952_FI 05/19/22REVISIONBATK05/26/22REVISIONCTRK06/16/22REVISIONDATK06/29/22REVISIONEATK07/20/22FINAL0TRKENLARGED EQUIPMENT PLANSCALE: 1/2" = 1'-0"1C-3ENLARGEDEQUIPMENT PLANNNEW NICOR 4'-0" X4'-0" LEASE AREAEXISTING METERNEW M400B2 COLLECTOR ENCLOSURETO BE INSTALLED ON NEW H-FRAME.SEE 3/C-4EXISTING CITY AC PANEL TO BEUTILIZED. INSTALL NEW 20 AMPBREAKER FOR NICOR EQUIPMENTEXISTING CONTROLPANELNEW 20 AMP AC PANEL TO BEINSTALLED ON NEW H-FRAME.INSTALL NEW 20 AMPBREAKER FOR NEW M400B2EXISTING WATERTOWEREXISTINGOVERFLOW PIPE± 6 ' - 3 "2'-0"(1) NEW NICOR 7/8" COAX CABLE TO BEROUTED UP EXISTING CABLE SUPPORTSWITH SNAP-IN HANGERS (TYP.) SEE 4/A-2EXISTING CABLE PORT TO BEUTILIZED FOR GPS CABLENEW NICOR GPS CABLE TO BEINSTALLED ON NEW MAGNETICMOUNT (MAGNEMOUNT PART#MMSA-38 OR APPROVED EQUAL)EXISTING CABLE SUPPORTTO BE UTILIZED (TYP.)EXISTINGGRASSAREAEXISTING WATERTOWER INTERIOREXISTING EQUIPMENTCABINETEXISTINGSUPPLY PIPEEXISTING VAULT(1) NEW NICOR GPS CABLETO BE INSTALLED (±30'-0")2'-0"±7'-3"±5'-9"Exhibit AExhibit APage 34 of 45 STRUCTURAL MECHANICALTELECOMMUNICATION LAND SURVEYING CIVIL AQUATIC ACCESSIBILITY CONSULTING DESIGN & PROGRAM MANAGEMENT PLUMBING ELECTRICAL WT GROUP IL. License No: 184.007570-0015 Expires: 04.30.2023 2675 Pratum Avenue | Hoffman Estates, IL 60192 T: 224.293.6333 | F: 224.293.6444 wtengineering.com © Engineering with Precision, Pace and Passion. COPYRIGHT 2022 THE W-T GROUP, LLCJOB: T2200483CHECK: JKRDRAWN: ATKREVISIONSDATEISSUED FOR05/13/22FOR CLIENT REVIEWA1250 GOLF ROAD DES PLAINES, IL 60016SIGNED: 07/20/22EXPIRES: 11/30/23DES PLAINES WATER TOWER BYATKREV.Engineering Ÿ Design Ÿ Consulting TP_999952_FI 05/19/22REVISIONBATK05/26/22REVISIONCTRK06/16/22REVISIONDATK06/29/22REVISIONEATK07/20/22FINAL0TRKSITE DETAILSC-4UTILITY TRENCH DETAIL2SCALE: NONEUSE THISSECTIONUNDERPAVEMENT ORVEHICLETRAFFIC AREAUSE THISSECTIONUNDER GRASSOR LAWN AREARESTORE SURFACE TOORIGINAL CONDITIONRETURN ORIGINAL MATERIALTO TRENCH, COMPACT TO95% STANDARD PROCTORGRADE 9/CA-6 GRAVELCOMPACTED TO 95% STANDARDPROCTORSANDFOR NEW ELECTRICAL,TELEPHONE OR FIBERSERVICES - SEE UTILITY ANDSITE PLANS. PROVIDEAPPROVED PULL BOXES ASREQUIRED AND COORDINATEINSTALLATION WITH ALLUTILITY COMPANIES FORINTERFACING AT TERMINATIONPOINTS. PROVIDE FULL LENGTHPULL ROPES (TYP.)4"24" MINIMUM12"6" WIDE UTILITY WARNING TAPE(8" TO 12" BELOW GRADE)ENTIRE LENGTH OF TRENCH12"SCALE: NONE1SCALE: NONE3M400B2 ENCLOSURE MOUNTING DETAILFRONT VIEW5'-0"GRADENOTE:WT'S SCOPE OF WORKDOES NOT INCLUDE ASTRUCTURAL EVALUATIONOF THIS H-FRAME MOUNT.NEW 1-5/8" X 1-5/8" GALVANIZED STEELSTRUT (B-LINE #B22) FASTEN TO POSTWITH GALVANIZED U-BOLTS, WASHERS,AND NUTS (TYP.)3'-0"2000 PSI CONCRETEFOUNDATION PIER. DOME ORCHAMFER TOP TO DRAINAWAY FROM POST (TYP. OF 2)GALVANIZED STEELPOST CAP (TYP. OF 2)4'-0"2"1'-0"NEW GROUND BARNEW M400B2EQUIPMENTENCLOSURE6"NEWAC PANELGPS MOUNTING DETAILEXISTING WATERTOWER INTERIOREXISTING WATERTOWER BASENEW MAGNEMOUNT (PART# MMSA-38OR APPROVED EQUAL) (TYP. OF 2)NEW 1-5/8" X 1-5/8" GALVANIZEDSTEEL STRUT (B-LINE #B22).FASTEN TO MAGNEMOUNTWITH GALVANIZED HARDWARE(TYP. OF 2)NEW BUTTERFLY CLAMP(TYP. OF 2)NEW GALVANIZED STEELPIPE & CONNECTORS (TYP.)NEW NICOR GPS CABLE TO BEINSTALLED (CONTRACTOR TO VERIFYPART# PRIOR TO CONSTRUCTION)CONTRACTOR TO BENDNEW PIPE (AS NEEDED)SIDE VIEWExhibit AExhibit APage 35 of 45 STRUCTURAL MECHANICALTELECOMMUNICATION LAND SURVEYING CIVIL AQUATIC ACCESSIBILITY CONSULTING DESIGN & PROGRAM MANAGEMENT PLUMBING ELECTRICAL WT GROUP IL. License No: 184.007570-0015 Expires: 04.30.2023 2675 Pratum Avenue | Hoffman Estates, IL 60192 T: 224.293.6333 | F: 224.293.6444 wtengineering.com © Engineering with Precision, Pace and Passion. COPYRIGHT 2022 THE W-T GROUP, LLCJOB: T2200483CHECK: JKRDRAWN: ATKREVISIONSDATEISSUED FOR05/13/22FOR CLIENT REVIEWA1250 GOLF ROAD DES PLAINES, IL 60016SIGNED: 07/20/22EXPIRES: 11/30/23DES PLAINES WATER TOWER BYATKREV.Engineering Ÿ Design Ÿ Consulting TP_999952_FI 05/19/22REVISIONBATK05/26/22REVISIONCTRK06/16/22REVISIONDATK06/29/22REVISIONEATK07/20/22FINAL0TRKANTENNA PLANSCALE: NONENOTE:1. CONTRACTOR TO VERIFY ALL HEIGHTS INFIELD PRIOR TO CONSTRUCTION.CONTRACTOR SHALL NOTIFY NICOR AND ENGINEERING FIRM OF ANY DISCREPANCIESBEFORE PROCEEDING.2. CONTRACTOR SHALL BE RESPONSIBLE FORVERIFYING FINAL RF CONFIGURATION ANDNOTIFY AWD / SENSUS WITH ANYDISCREPANCIES.3. CONTRACTOR SHALL VERIFY ALL FINALCONNECTION LOCATIONS WITH AWD /SENSUS PRIOR TO INSTALLATION.4. CONTRACTOR TO ARRANGE NEW EQUIPMENTTO AVOID INTERFERING WITH SAFETY CLIMB.5. CONTRACTOR TO USE PROPER TORQUEWRENCH WHEN INSTALLING AND TIGHTENINGCONNECTORS TO INSURE PROPER FIT.GRADE±135'-0"NEW NICOR ANTENNA2TOWER ELEVATION& ANTENNA PLANA-1TOP OF EXISTING WATER TOWER±121'-0"TOWER ELEVATIONSCALE: 1/16" = 1'-0"1NNNOTE:A STRUCTURAL ANALYSIS OF THE TOWER ORSTRUCTURE HAS BEEN COMPLETED BY WT GROUPSTRUCTURAL ENGINEERING ON JULY 19, 2022. THELOCATION AND MOUNTING SHOWN IN THE STRUCTURALANALYSIS SHALL SUPERSEDE THESE DRAWINGS.EXISTING CARRIER ANTENNAS(1) NEW NICOR 7/8" COAX CABLE TO BEROUTED UP EXISTING CABLE SUPPORTSWITH SNAP-IN HANGERS (TYP.) SEE 4/A-2EXISTING WATERTANKNOTE:A STRUCTURAL ANALYSIS OF THE EXISTING ANTENNAMOUNT HAS BEEN COMPLETED BY WT GROUPSTRUCTURAL ENGINEERING ON JULY 18, 2022. THELOCATION AND MOUNTING SHOWN IN THE MOUNTANALYSIS SHALL SUPERSEDE THESE DRAWINGS.ANTENNA SCHEDULEOMNI ANTENNARAD CENTERLENGTH/DIAMETERCOAX CABLE135'-0"110"/1.5"(1) 7/8" COAX CABLEANTENNA TYPEMODEL #COMMSCOPE DB589-YJUMPER(S)1/2" - HIFLEX CABLECOAX CABLE LENGTH±160'-0"NEW OMNI ANTENNA TO BE INSTALLED(COMMSCOPE PART# DB589-Y)EXISTING MICROWAVEANTENNA(2) EXISTINGGRATED STEPSEXISTING ACCESS DOOREXISTING MICROWAVEANTENNAEXISTING MICROWAVEANTENNAEXISTING WATERTANK PODEXISTING WATERTANK BEACONEXISTING OMNIANTENNAEXISTING GPSANTENNAEXISTING ANTENNA MOUNTTO BE UTILIZEDEXISTING CARRIER ANTENNAS±73'-0"NEW OMNI ANTENNA (COMMSCOPE PART#DB589-Y) TO BE INSTALLED ON EXISTINGANTENNA MOUNTEXISTING MICROWAVEANTENNA (TYP.)EXISTING WATERTANK BEACONEXISTING OMNIANTENNAEXISTING WATERTANK POD±12'-0"NEW NICOR GPS ANTENNANEW NICOR GPS ANTENNATO BE INSTALLED. SEE 1/C-4GENERAL PAINTING NOTES: SURFACE PREPARATION (EXTERIOR & DRY INTERIOR):·AFTER WELDING OR CUTTING, CLEAN ALL DAMAGEDSURFACES IN ACCORDANCE WITH SSPC-SP3 “POWERTOOL CLEANING” CONDITION PRIOR TO APPLICATIONOF PRIME COAT. COATING (EXTERIOR):·THE EXTERIOR PAINT REPAIR SYSTEM WILL BE ONEPRIME COAT OF TNEMEC SERIES N69, ONEINTERMEDIATE COAT OF TNEMEC SERIES N69, ANDONE TOPCOAT OF TNEMEC SERIES 1074. PAINT THEEXTERIOR TO MATCH THE EXISTING TOPCOAT COLOR.·THE THREE-COAT SYSTEM WILL BE APPLIED AT 3.0 - 4.0MILS PER COAT, TO A THICKNESS OF 9.0 - 12.0 MILS. COATING (DRY INTERIOR):·THE DRY INTERIOR PAINT REPAIR SYSTEM WILL BETWO COATS OF TNEMEC SERIES N69. PAINT THE DRYINTERIOR TO MATCH THE EXISTING TOPCOAT COLOR. ·THE TWO-COAT SYSTEM WILL BE APPLIED AT 3.0 - 4.0MILS PER COAT, TO A THICKNESS OF 6.0 - 8.0 MILS.NOTES:·FOLLOW ALL PAINT MANUFACTURERS'RECOMMENDATIONS WHEN USING THEIR PRODUCTS.Exhibit AExhibit APage 36 of 45 STRUCTURAL MECHANICALTELECOMMUNICATION LAND SURVEYING CIVIL AQUATIC ACCESSIBILITY CONSULTING DESIGN & PROGRAM MANAGEMENT PLUMBING ELECTRICAL WT GROUP IL. License No: 184.007570-0015 Expires: 04.30.2023 2675 Pratum Avenue | Hoffman Estates, IL 60192 T: 224.293.6333 | F: 224.293.6444 wtengineering.com © Engineering with Precision, Pace and Passion. COPYRIGHT 2022 THE W-T GROUP, LLCJOB: T2200483CHECK: JKRDRAWN: ATKREVISIONSDATEISSUED FOR05/13/22FOR CLIENT REVIEWA1250 GOLF ROAD DES PLAINES, IL 60016SIGNED: 07/20/22EXPIRES: 11/30/23DES PLAINES WATER TOWER BYATKREV.Engineering Ÿ Design Ÿ Consulting TP_999952_FI 05/19/22REVISIONBATK05/26/22REVISIONCTRK06/16/22REVISIONDATK06/29/22REVISIONEATK07/20/22FINAL0TRKSCALE: NONE1JUMPER ROUTING DETAILSCALE: NONE2EQUIPMENT DETAILSA-2FLEX NET ENCLOSURE DETAILSCALE: NONE3CABLE SIZE12SS-A78SS-A114SS-A158SS-ATOWER STANDOFF KITPART #LEG SIZESTK2-OSTK3-OSTK4-OTOWER STANDOFF KIT.SEE TABLE FOR SITE PROPART # OR USE EQUALSTACKABLE SNAP-INHANGER AS NEEDED.SEE TABLE FOR SITE PROPART # OR USE EQUALPART #STACKABLE SNAP-IN HANGERSNOTE:MOUNT TOWER STANDOFFKITS AT 4'-0" O.C.1-1/2" - 3"3" - 4"3" - 6"1/2"7/8"1-1/4"1-5/8"COAX CABLE MOUNTING DETAILSCALE: NONE4ANTENNA DETAILNEW 1/2" LDF4 JUMPER CABLEFROM COAX TO ANTENNANEW SNAP IN HANGER TO BEINSTALLED ON NEW MAST PIPE WITHSTAINLESS STEEL BANDING (TYP.)POD EXTERIORPOD INTERIORNEW ANTENNA MAST PIPEEXISTING STEELTANK POD WALLSTEEL TANK POD PENETRATION:- MAG DRILL NEW 1-1/2" Ø HOLE- INSTALL (1) NEW 1" STEEL NIPPLE,(2) NEW 1" STEEL COUPLINGS &(2) NEW 1" RUBBER GROMMETSTO COAXTO ANTENNAGROMMETS TO BE CAULKEDWITH SILICONE SEALANTEXISTING ANTENNAMOUNT PENETRATION(TYP.)NOTE:NEW PENETRATION TO BEINSTALLED NEAR THE BASEOF THE EXISTING ANTENNAMOUNTING LOCATION.NOTE:THE AREA AROUND THE NEW CABLETHROUGH 1” STEEL NIPPLE INSIDETHE NEW PENETRATION NEEDS TO BESEALED WITH WEATHER RESISTANTCAULK FOR A WEATHER TIGHT SEAL.NOTES:- DRILLING GENERATES SMALL METALFILINGS THAT TEND TO RUST STAINON THE TANK. ALL METAL FILINGSRELATED TO THE DRILLING NEED TOBE FULLY CLEANED UP IN A TIMELYMANNER TO PREVENT RUST STAINING.- AFTER THE HOLE IS DRILLED OUT,THE AREA AROUND THE HOLE NEEDSTO BE PAINTED PER THE GENERALPAINTING NOTES SHOWN ON 2/A-1.Exhibit AExhibit APage 37 of 45 E E E E E ESTRUCTURAL MECHANICALTELECOMMUNICATION LAND SURVEYING CIVIL AQUATIC ACCESSIBILITY CONSULTING DESIGN & PROGRAM MANAGEMENT PLUMBING ELECTRICAL WT GROUP IL. License No: 184.007570-0015 Expires: 04.30.2023 2675 Pratum Avenue | Hoffman Estates, IL 60192 T: 224.293.6333 | F: 224.293.6444 wtengineering.com © Engineering with Precision, Pace and Passion. COPYRIGHT 2022 THE W-T GROUP, LLCJOB: T2200483CHECK: JKRDRAWN: ATKREVISIONSDATEISSUED FOR05/13/22FOR CLIENT REVIEWA1250 GOLF ROAD DES PLAINES, IL 60016SIGNED: 07/20/22EXPIRES: 11/30/23DES PLAINES WATER TOWER BYATKREV.Engineering Ÿ Design Ÿ Consulting TP_999952_FI 05/19/22REVISIONBATK05/26/22REVISIONCTRK06/16/22REVISIONDATK06/29/22REVISIONEATK07/20/22FINAL0TRKUTILITY PLANSCALE: 1/2" = 1'-0"1UTILITY PLANE-1LOAD CENTER ONE-LINE DIAGRAMSCALE: NONE2FROMPOWERSOURCE20ATO NEWCOLLECTORENCLOSUREEXISTING ACPANEL20A20ASPD(3) 1 AWG & (1) #6 IN UL LISTED2" SCH. 80 PVC CONDUITNEW LOADCENTER TOBE INSTALLEDWITHUNISTRUTNEXISTING METERVOLTAGE DROPFROM EXISTING AC PANEL TO NICOR PANELLENGTHOF RUNWIRE SIZEVOLTAGEDROPPERCENTAGEOF VOLTAGE±25'-0"(1) RUN OF (3)#1 AWG & (1)#6 GROUND0.14V 0.06%CONTRACTOR NOTES:- CONTRACTOR TO INSTALL NEW 20 AMPBREAKER IN EXISTING CITY AC PANEL.NEW 2" SCH. 40 PVC CONDUIT TO RUNUNDERGROUND FROM EXISTING CITYAC PANEL TO NEW NICOR AC PANEL.FINAL ROUTE AND CONNECTION TOBE VERIFIED IN FIELD PRIOR TOCONSTRUCTION. SEE 2/C-4NEW M400B2 COLLECTOR ENCLOSURETO BE INSTALLED ON NEW H-FRAME.SEE 3/C-4EXISTING CITY AC PANEL TO BEUTILIZED. INSTALL NEW 20 AMPBREAKER FOR NICOR EQUIPMENTEXISTING CONTROLPANELNEW 20 AMP AC PANEL TO BEINSTALLED ON NEW H-FRAME.INSTALL NEW 20 AMPBREAKER FOR NEW M400B2EXISTING EQUIPMENTCABINETEXISTINGSUPPLY PIPEEXISTING VAULTExhibit AExhibit APage 38 of 45 STRUCTURAL MECHANICALTELECOMMUNICATION LAND SURVEYING CIVIL AQUATIC ACCESSIBILITY CONSULTING DESIGN & PROGRAM MANAGEMENT PLUMBING ELECTRICAL WT GROUP IL. License No: 184.007570-0015 Expires: 04.30.2023 2675 Pratum Avenue | Hoffman Estates, IL 60192 T: 224.293.6333 | F: 224.293.6444 wtengineering.com © Engineering with Precision, Pace and Passion. COPYRIGHT 2022 THE W-T GROUP, LLCJOB: T2200483CHECK: JKRDRAWN: ATKREVISIONSDATEISSUED FOR05/13/22FOR CLIENT REVIEWA1250 GOLF ROAD DES PLAINES, IL 60016SIGNED: 07/20/22EXPIRES: 11/30/23DES PLAINES WATER TOWER BYATKREV.Engineering Ÿ Design Ÿ Consulting TP_999952_FI 05/19/22REVISIONBATK05/26/22REVISIONCTRK06/16/22REVISIONDATK06/29/22REVISIONEATK07/20/22FINAL0TRK1. GROUNDING SHALL COMPLY WITH NEC STANDARDS. CONTRACTOR SHALLVERIFY EXISTING GROUNDING CONDITIONS. CORRECTING ANY DEFICIENCIESTO BE INCLUDED IN ORIGINAL PRICING AND CORRECT DEFICIENCIES DURINGNEW CONSTRUCTION. INCLUDING MISSING GROUND BARS, BAD GROUNDWELDS, MISSING GROUND LEADS OR BROKEN GROUND LEADS, ETC.2. ALL EXTERIOR GROUND CONDUCTORS BETWEEN EQUIPMENT / GROUND BARSAND THE GROUND RING SHALL BE #2 AWG SOLID TIN PLATED COPPER IN 3/4"PROTECTIVE PVC UNLESS OTHERWISE INDICATED3. APPROVED ANTIOXIDANT COATINGS (NO-OX) SHALL BE USED ON ALLCOMPRESSION AND BOLTED GROUND CONNECTIONS.4. ROUTE GROUNDING CONDUCTORS ALONG THE SHORTEST AND STRAIGHTESTPATH POSSIBLE. USE OF 90° BENDS IN THE PROTECTION GROUNDINGCONDUCTORS SHALL BE AVOIDED WHEN 45° BENDS CAN BE ADEQUATELYSUPPORTED. IN ALL CASES BENDS SHALL BE MADE WITH A MINIMUM BENDRADIUS OF 12 INCHES.5. ALL TOWER TOP GROUND WIRES SHALL BE SUPPORTED EVERY TWO FEET.NOTE:CONTRACTOR TO VERIFY FINALGROUNDING SYSTEM RESISTANCETO BE UNDER 5 OHMs.GROUNDING DETAILSGR-1GROUNDING RISERSCALE: NONE1GENERAL GROUNDING NOTESEXOTHERMIC WELDMECHANICAL CONNECTIONGROUND WIRELEGENDCOMPRESSION CONNECTIONTO NICOR ANTENNANOTE:NEW GROUND KITS TO BE INSTALLED AT:* UP TO 100' = 1/2" COAX- TWO GROUND KITS (TOP AND BOTTOM)* 101'-200' = EC5 7/8"- TWO GROUND KITS (TOP AND BOTTOM)* 201'-300' = EC6 1-1/4"- THREE GROUND KITS (TOP, MIDDLE AND BOTTOM)* 301' AND GREATER = EC71-5/8"- GROUND KIT EVERY 100'NEW COAX TO BE INSTALLEDTOWER GROUND RINGM400B2INTERNALBUSS BARBUSS BAR CONNECTIONGRADENEW EQUIPMENT GROUNDBAR WITH INSULATORINSTALLED ON POSTGROUNDING PLAN (TYP.)SCALE: NONE2NEW GROUNDING KIT TOEXISTING TOWER GROUNDPOINT WITH MECHANICALCONNECTION (TYP. PERGROUND KIT)NEW #2 AWG TINNED COATED SOLIDCOPPER GROUND WIRE IN SEAL TIGHTWITH EXOTHERMIC CONNECTIONFROM NEW POST TO EXISTINGGROUND RING (TYP. PER POST)NEW #2 AWG TINNED COATEDSOLID COPPER GROUND WIRE INSEAL TIGHT WITH EXOTHERMICCONNECTION FROM GROUND BARTO EXISTING GROUND RINGNEW #6 AWG STRANDED GREENJACKETED GROUND WIRE FROMINTERNAL BUSS BAR. ATTACH TOGROUND BAR WITH MECHANICALCONNECTIONNEW #2 AWG STRANDEDGREEN JACKETED GROUNDWIRE WITH 2-HOLE LUGMECHANICAL ATTACHMENTFROM M400B2 EXTERIORGROUND CONNECTION TOTINNED COATED GROUND BARNEW GROUNDING KIT TOEXISTING TOWER GROUNDPOINT WITH MECHANICALCONNECTION (TYP. PERGROUND KIT)INTERNALBUSS BARBUSS BARCONNECTIONNEW TINNED COATED GROUNDBAR WITH INSULATORSNEW M400B2ENCLOSURENEW DISCONNECT SWITCH TO BEGROUNDED PER NEC REQUIREMENTSEXISTING TOWERGROUND RING (VERIFYLOCATION IN FIELD)NEW #6 AWG STRANDED GREENJACKETED GROUND WIRE FROMINTERNAL BUSS BAR. ATTACH TOGROUND BAR WITH MECHANICALCONNECTIONNEW #2 AWG TINNED COATEDSOLID COPPER GROUND WIRE INSEAL TIGHT WITH EXOTHERMICCONNECTION FROM NEW POSTTO EXISTING GROUND RINGNEW #2 AWG TINNED COATEDSOLID COPPER GROUND WIRE INSEAL TIGHT WITH EXOTHERMICCONNECTION FROM GROUND BARTO EXISTING GROUND RINGNEW #2 AWG STRANDED GREENJACKETED GROUND WIRE WITH 2-HOLELUG MECHANICAL ATTACHMENT FROMM400B2 EXTERIOR GROUND CONNECTIONTO TINNED COATED GROUND BARExhibit AExhibit APage 39 of 45 Legal Description of Property: Beginning at the point of intersection of the North right-of-way line of Golf Road and the West property line of the Order of the Sisters of Nazareth and running Northerly along said property line a distance of 300 feet; thence Easterly along a line 300 feet from and parallel to the North right-of-way line of Golf Road a distance of 150 feet; thence Southerly along a line 150 feet from and parallel to the East property line of the Order of the Sisters of Nazareth a distance of 150 feet; thence Westerly along a line 150 feet from and parallel to the North right-of-way line of Golf Road a distance of 130 feet; thence Southerly along a line 20 feet from and parallel to the west property line of the Order of the Sisters of Nazareth a distance of 150 feet to a point on the North right-of-way line of Golf Road; thence along the aforementioned right-of-way line a distance of 20 feet to the point of beginning containing 0.585 acres more or less. Commonly known as 100 North River Road Property Index Number: 09-08-400-028 Exhibit B Exhibit A Page 40 of 45 DP: 100 North River Road Lease Rent Schedule for Nicor Lease Year Calendar Year Initial Term Monthly Annual 1 2022-2023 $1,580.00 $18,960.00 2 2023-2024 $1,651.10 $19,813.20 3 2024-2025 $1,725.40 $20,704.79 4 2025-2026 $1,803.04 $21,636.51 5 2026-2027 $1,884.18 $22,610.15 1st Renewal Term Monthly Annual 6 2027-2028 $1,968.97 $23,627.61 7 2028-2029 $2,057.57 $24,690.85 8 2029-2030 $2,150.16 $25,801.94 9 2030-2031 $2,246.92 $26,963.03 10 2031-2032 $2,348.03 $28,176.36 2nd Renewal Term Monthly Annual 11 2032-2033 $2,453.69 $29,444.30 12 2033-2034 $2,564.11 $30,769.29 13 2034-2035 $2,679.49 $32,153.91 14 2035-2036 $2,800.07 $33,600.84 15 2036-2037 $2,926.07 $35,112.88 3rd Renewal Term Monthly Annual 16 2037-2038 $3,057.75 $36,692.96 17 2038-2039 $3,195.34 $38,344.14 18 2039-2040 $3,339.14 $40,069.62 19 2040-2041 $3,489.40 $41,872.76 20 2041-2042 $3,646.42 $43,757.03 4th Renewal Term Monthly Annual 21 2042-2043 $3,810.51 $45,726.10 22 2043-2044 $3,981.98 $47,783.77 23 2044-2045 $4,161.17 $49,934.04 24 2045-2046 $4,348.42 $52,181.07 25 2046-2047 $4,544.10 $54,529.22 Rent Exhibit C Exhibit A Page 41 of 45 {00126167.4} Evidence of Lease THIS DOCUMENT PREPARED BY, and WHEN RECORDED RETURN TO: Parcel #: SPACE ABOVE FOR RECORDER’S USE THIS EVIDENCE OF LEASE, is made as of the day of , 2022, by and between CITY OF DES PLAINES, an Illinois home rule municipal corporation (Landlord), having an address at 1420 Miner Street, Des Plaines, IL 60016, and Northern Illinois Gas Company d.b.a Nicor Gas Company, an Illinois corporation limited liability company (Tenant), having an address at 241 Ralph McGill Blvd., Bin #10139, ATTN: Laura Keyes, Atlanta, GA 30308. WITNESSETH THAT: WHEREAS, Landlord and Tenant have entered into that certain lease (Lease) between Landlord and Tenant dated , 2022, as may be amended from time to time, of certain real estate and related improvements (Leased Property) located upon real property owned by Landlord, commonly known as 100 North River Road, in the City of Des Plaines, State of Illinois, and legally described in Exhibit 1 to this Evidence of Lease (Premises), together with certain rights to use other portions of the Premises, as described more fully in the Lease. 1. Landlord has leased to Tenant and Tenant has leased from Landlord, subject to all the terms, covenants and conditions contained in the Lease, the Premises for an Initial Term of five years, beginning on August 1, 2022 and ending on July 31, 2027. 2. Landlord has granted to Tenant, subject to all of the terms, covenants and conditions of the Lease, the right to extend the Lease beyond the Initial Term for three successive periods of five years each. 3.This Evidence of Lease is made pursuant to the provisions of the Lease and is subject to all of the terms, covenants and conditions contained therein. This Evidence of Lease is not intended to and shall not change any of the terms, covenants and conditions of the Lease. [SIGNATURES APPEAR ON THE NEXT PAGE] Exhibit D Exhibit A Page 42 of 45 {00126167.4} IN WITNESS WHEREOF, the parties hereto have executed this Evidence of Lease as of the day and year first above written. ATTEST: LANDLORD: CITY OF DES PLAINES, an Illinois municipal corporation By: TENANT: Northern Illinois Gas Company d.b.a Nicor Gas Company, an Illinois corporation By: Its: ATTEST/WITNESS: By: Name: _________________________________________ Title: __________________________________________ [ACKNOWLEDGEMENTS APPEAR ON NEXT PAGE] Exhibit D Exhibit A Page 43 of 45 {00126167.4} STATE OF ) ) SS. COUNTY OF ) Before me, the undersigned Notary Public in and for said State and County, on this____ day of _________ , 2022, personally appeared _______________________________ and ________________________________, known to me to be the City Manager and Clerk, respectively, of the CITY OF DES PLAINES, an Illinois municipal corporation, and known to be the identical persons who signed and severally acknowledged that they signed the foregoing instrument as such officers of the said municipal corporation for and on behalf of said municipal corporation, and that they executed the same as their free and voluntary act and deed and the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned. IN TESTIMONY WHEREOF, I have hereunto subscribed my signature and affixed my official seal on the day and year aforesaid. Notary Public In and for said State and County My commission expires:____________ Exhibit D Exhibit A Page 44 of 45 {00126167.4} STATE OF ) ) SS. COUNTY OF ) Before me, the undersigned Notary Public in and for said State and County, on this ____ day of ____________________, 2022, personally appeared ___________________________ and _____________________________, to me known to be the __________________________________________________ of Northern Illinois Gas Company d.b.a Nicor Gas Company, and known to be the identical person who signed acknowledged that he/she signed the foregoing instrument as such officer of the company for and on behalf of the company, and that he/she executed the same as his/her free and voluntary act and deed and as the free and voluntary act and deed of the company, for the uses and purposes therein mentioned. IN TESTIMONY WHEREOF, I have hereunto subscribed my signature and affixed my official seal on the day and year aforesaid. Notary Public In and for said State and County My commission expires:__________ Exhibit D Exhibit A Page 45 of 45 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, MONDAY, AUGUST 1, 2022 CALL TO ORDER The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Goczkowski at 6:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, August 1, 2022. ROLL CALL Roll call indicated the following Aldermen present: Lysakowski, Moylan, Oskerka, Brookman, Chester, Smith, Ebrahimi. Absent: Zadrozny. A quorum was present. CLOSED SESSION Moved by Brookman, seconded by Oskerka to enter into Closed Session under the following sections of the Open Meetings Act – Personnel, Probable or Imminent Litigation, Property Acquisition, Sale of Property, and Collective Bargaining. Upon roll call, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 1 - Zadrozny Motion declared unanimously carried. The City Council recessed at 6:01 p.m. The City Council reconvened at 7:00 p.m. Roll call indicated the following Alderman present: Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi. A quorum was present. Also present were: City Manager Bartholomew, Assistant City Manager/Director of Finance Wisniewski , Director of Public Works and Engineering Oakley, Director of Community and Economic Development Carlisle, Fire Chief Anderson, Police Chief Anderson, and General Counsel Friedman. PRAYER AND PLEDGE The prayer and the Pledge of Allegiance to the Flag of the United States of America were offered by Alderman Chester. RECOGNITION Life-Saving Award was presented by Mayor Goczkowski and Police Chief Anderson to Officer Doherty for the officer’s quick decisions and responses which saved a despondent person’s life. On January 14, 2022, Officer John Doherty responded to the 500 block of Howard Ave for the report of a male subject who collapsed and was not breathing. When Officer Doherty arrived, he observed the male victim on the floor. An employee of the business, was already performing CPR on the victim. Officer Doherty assisted the employee and took over CPR until the Des Plaines Fire Department arrived. The Des Plaines Fire Department then took over life saving measures, and the victim’s pulse and breathing were restored. The victim was transported to Lutheran General Hospital for further treatment. The employee of the business wished to remain anonymous; he was presented a Life-Saving Award by Staff of the Des Plaines Police Department last week. Life-Saving Award was presented by Mayor Goczkowski and Police Chief Anderson to Officer Kurotobi for the officer’s quick decisions and responses which saved an infant’s life. On February 4, 2022, Officer Michael Kurotobi and additional officers responded to the 100 block of Drake Lane for a call of a baby not breathing. Officer Kurotobi located the distraught mother and her baby in the living room. Officer Kurotobi immediately took the baby, checked the airway, and in accordance with his training began to give the baby back blows. The baby CONSENT AGENDA #7. Page 2 of 11 8/1/2022 resumed breathing and began to cry, indicating the airway had been cleared. The baby was transported to Lutheran General Hospital by the Des Plaines Fire Department for further treatment. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS DES PLAINES CIVIC CENTER, MONDAY, AUGUST 1, 2022 PUBLIC HEARING/ AMD OF THE ZONING ORDINANCE REGARDING TEMPORARY CLASSROOMS Ordinance Z-24-22 Mayor Goczkowski called the Public Hearing for reconsideration of Ordinance Z-24-22, amending the text of the zoning ordinance of the City of Des Plaines regarding temporary classrooms to order at 7:05 p.m. Director of Community and Economic Development Carlisle reviewed a memorandum dated July 21, 2022. The City of Des Plaines proposed amending the Zoning Ordinance to add “Temporary Classroom Structures” as a new permitted temporary use. The specific amendments include regulations intended to identify and restrict the quantity, size, height, location, and duration of this type of structure. The City also proposed creating the term “Temporary Classroom Structure” to define this type of temporary use and its applicability city-wide. A temporary classroom – sometimes called a “mobile classroom” – is fairly common and intended for short-term use on school campuses when supplementary classroom space is needed. Temporary classrooms occur most often in one of two circumstances: (i) enrollment for a given school, at a given time, exceeds the capacity, and the district or school leadership has not yet been able to rebalance enrollment among its schools or plan for a physical expansion; or (ii) a school campus is in the midst of a construction project that takes permanent classrooms out of use temporarily. Temporary classrooms can vary in size and shape, but most consist of one to two classrooms, each with its own entrance, and proper utility connections from the principal use (i.e., school). Some temporary classrooms also contain restroom facilities. The full proposed amendments are: Section 12-8-11, Temporary Uses: Add temporary classroom structures to the list of permitted temporary uses, along with items such as storage containers, tents, and vendor carts. Temporary classroom structures would be permitted in any district on any zoning lot with a public or private elementary, middle, or high school as the principal use. The change would not allow temporary classrooms for non-educational means, as the intended use of a temporary classroom is for educational purposes. The amendments would regulate quantity, size, height, location, and duration. They allow up to two temporary classroom structures on an eligible site at a given time. However, the collective size of all temporary classroom structures would be limited based on the school building footprint. Staff proposes a total maximum area for all temporary classrooms on site to be five percent (5%) of the main school building footprint. Staff proposes limiting the height of temporary classroom structures to 15 feet, which is the same limitation on accessory structures. The proposed amendments also focus on the allowable locations, requiring placement on dust-free hard surfaces in a way that does not block or interfere with required off- street parking drive aisles. Further, the structures could not occupy parking spaces such that the off-street parking minimum for the school would not be met. Additionally, temporary classroom structures would be prohibited from encroaching on any public right-of-way or utility easement, including, without limitation, any public alley, street, or curb. Page 3 of 11 8/1/2022 Finally, the proposed amendments include a maximum duration of 12 months. However, this amendment would allow the Zoning Administrator/Director of Community and Economic Development to extend the duration of a temporary classroom structure when a school is under construction and being diligently pursued to completion. Section 12-13-3, Definition of Terms: Adds a definition for “Temporary Classroom Structures.” Similar to other temporary uses, a zoning certificate would be required for the installation or placement of a temporary classroom structure on an eligible property. The Planning and Zoning Board (PZB) typically holds public hearings and votes on recommendations to the City Council regarding zoning amendments. However, because of the time sensitivity of the imminent project proposed by School District 59 and Brentwood Elementary School, with all permitting and construction yet to occur, and in the spirit of partnership with the School District, the City Council is directly considering these amendments. Alderman Chester asked for further clarification about the fire regulations for these structures. Fire Chief Anderson stated in most cases they would have to extend their fire alarm system to them, but they would not be required to be sprinklered. Alderman Zadrozny asked about the reasoning the schools would be needing a temporary structure, and the timeframe allowed for use the structures. Resident Phil Rominski asked Fire Chief Anderson for further clarification regarding the sprinkler system and other fire code requirements. Cindy Decker, representative for the school structure, spoke regarding the egress of the windows, and the set-up timeframe for structure. Moved by Zadrozny, seconded by Oskerka, to Approve the Ordinance Z-24-22, AN ORDINANCE AMENDING THE TEXT OF THE ZONING ORDINANCE OF THE CITY OF DES PLAINES REGARDING TEMPORARY CLASSROOMS (CASE# 22- 025-TA). Upon voice vote, the vote was: AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Advanced to Second Reading by Zadrozny, seconded by Brookman, to Adopt the Ordinance Z-24-22, AN ORDINANCE AMENDING THE TEXT OF THE ZONING ORDINANCE OF THE CITY OF DES PLAINES REGARDING TEMPORARY CLASSROOMS (CASE# 22- 025-TA). Upon roll call, the vote was: AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Mayor Goczkowski adjourned the Public Hearing at 7:17 p.m. Page 4 of 11 8/1/2022 PUBLIC COMMENT Resident Muhammad Tabani asked for the City seek a penalty from the petitioner of Blue Sky for not following through with the project, and for not adequately maintaining the property. He also stated the City should consider more resident involvement pertaining to future developments. He welcomed the City Council to his home to experience the issues he is having with the train noise since the trees have been torn down on the property behind him. Resident Pat Beauvais asked why the City Council eliminated the Economic Development Commission (EDC), and if the City Council would consider implementing citizen focus groups on future developments. Resident Jim Hansen thanked the Staff responsible for filling in the sidewalks and curbs around 1425 Ellinwood St. He also mentioned the code enforcement and safety issue of the Tyvek not being property secured on the 1425 Ellinwood St building. Resident Jennifer Poonsapaya asked Alderman Chester to recommit to having ward meetings. Alderman Chester stated he stopped the meetings because of Covid, and stated he intends of starting meetings once he feels confident he can have a meeting without Covid exposures. He mentioned be will try to schedule one for September. ALDERMAN ANNOUNCEMENTS Alderman Chester stated the City is going to start looking into lead in the water by doing inventory of the types of pipes in the residential buildings. MAYORAL ANNOUNCEMENTS Mayor mentioned National Night Out, sponsored by the Police Department, will be occurring Tuesday, August 2, 2022. Police Chief Anderson gave further details regarding National Night Out. On May 3, 2021, a Declaration of Civil Emergency for the City of Des Plaines related to the COVID-19 emergency was authorized. The Declaration provided that: (1) the City may enter into contracts for the emergency purchase of goods and services; (2) the City Manager may implement emergency staffing protocols pursuant to the City’s respective collective bargaining agreements; and (3) directed City officials and employees to cooperate with other government agencies. In accordance with Illinois statutes, the Mayor’s Declaration lasted only for a period of seven days, unless it was extended by action of the City Council. At each subsequent City Council meeting, the City Council, by motion, extended the Declaration until the next adjournment of the next special or City Council meeting. This extension of the Declaration includes the Supplemental Order dated January 3, 2022. Mayor Goczkowski presented an extension to the Declaration of Civil Emergency. Moved by Brookman, seconded by Chester, to extend the May 3, 2021 Declaration of Civil Emergency until the adjournment of the next regular, special, or emergency meeting of the City Council including the Supplement Order dated January 3, 2022. Upon roll call, the vote was: AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Page 5 of 11 8/1/2022 CONSENT AGENDA Moved by Brookman, seconded by Oskerka, to Establish the Consent Agenda. Upon voice vote, the vote was: AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Moved by Brookman, seconded by Chester, to Approve the Consent Agenda. Upon roll call, the vote was: AYES: 8 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Minutes were approved; Ordinance Z-20-22 was adopted; Resolutions R-130-22, R-132-22, R-133-22, R-134-22, R-135-22, R-136-22, R-137-22, R-138-22 were adopted. APPROVE AGRMT/ PKG STRS MAINT REPS/ J. GILL & CO Consent Agenda Resolution R-130-22 Moved by Brookman, seconded by Chester, to Approve Resolution R-130-22, A RESOLUTION APPROVING AN AGREEMENT WITH J. GILL AND COMPANY FOR MAINTENANCE REPAIRS ON CITY-OWNED PARKING STRUCTURES. Motion declared carried as approved unanimously under Consent Agenda. APPROVE CHG ORD NO 2/ WTR SYS SEP PROJ/ JOHN NERI CONST Consent Agenda Resolution R-132-22 Moved by Brookman, seconded by Chester, to Approve Resolution R-132-22, A RESOLUTION APPROVING CHANGE ORDER NO. 2 WITH JOHN NERI CONSTRUCTION, INC. FOR THE WATER SYSTEM SEPARATION PROJECT. Motion declared carried as approved unanimously under Consent Agenda. APPROVE TSK ORD NO 21/ PRO ENGR SVCS/ TROTTER & ASSOC, INC Consent Agenda Resolution R-133-22 Moved by Brookman, seconded by Chester, to Approve Resolution R-133-22, A RESOLUTION APPROVING TASK ORDER NO. 21 UNDER A MASTER CONTRACT WITH TROTTER & ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. APPROVE TSK ORD NO 6/ PRO ENGR SVCS/ M.E. SIMPSON CO, INC Consent Agenda Resolution R-134-22 Moved by Brookman, seconded by Chester, to Approve Resolution R-134-22, A RESOLUTION APPROVING TASK ORDER NO. 6 WITH M.E. SIMPSON COMPANY, INC. FOR PROFESSIONAL ENGINEERING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. Page 6 of 11 8/1/2022 APPROVE TSK ORD 3/ CONST ENGR SVCS/ AECOM TECH SVCS Consent Agenda Resolution R-135-22 Moved by Brookman, seconded by Chester, to Approve Resolution R-135-22, A RESOLUTION APPROVING TASK ORDER NO. 3 UNDER A MASTER CONTRACT WITH AECOM TECHNICAL SERVICES, INC. FOR CONSTRUCTION ENGINEERING SERVICES. Motion declared carried as approved unanimously under Consent Agenda. APPROVE IGA/ TFC SIGS/ IDOT Consent Agenda Resolution R-136-22 Moved by Brookman, seconded by Chester, to Approve Resolution R-136-22, A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF STATE TRAFFIC SIGNALS LOCATED WITHIN THE CITY . Motion declared carried as approved unanimously under Consent Agenda. APPROVE/ CDBG/ 2022 ACTION PLAN Consent Agenda Resolution R-137-22 Moved by Brookman, seconded by Chester, to Approve Resolution R-137-22, A RESOLUTION APPROVING THE CITY OF DES PLAINES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2022 ANNUAL ACTION PLAN. Motion declared carried as approved unanimously under Consent Agenda. AUTH/ MBRSHP REN/ NWMC Consent Agenda Resolution R-138-22 Moved by Brookman, seconded by Chester, to Approve Resolution R-138-22, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO RENEW ITS MEMBERSHIP IN THE NORTHWEST MUNICIPAL CONFERENCE. Motion declared carried as approved unanimously under Consent Agenda. SECOND READING/ ORDINANCE Z-20-22 Consent Agenda Moved by Brookman, seconded by Chester, to Approve Ordinance Z-20-22, AN ORDINANCE AMENDING THE TEXT OF THE ZONING ORDINANCE OF THE CITY OF DES PLAINES REGARDING RESIDENTIAL DRIVEWAYS, PATIOS, AND RESIDENTIAL WALKWAYS (CASE# 22-023-TA). Motion declared carried as approved unanimously under Consent Agenda. APPROVE MINUTES Consent Agenda Moved by Brookman, seconded by Chester, to Approve the Minutes of the City Council meeting of July 18, 2022, as published. Motion declared carried as approved unanimously under Consent Agenda. UNFINISHED BUSINESS CONSIDER APPROVING A ZONING MAP AMENDMENT FOR 622 GRACELAND AVE, 1332 WEBFORD AVE, AND 1368 WEBFORD AVE Ordinance Z-23-22 Director of Community & Economic Development Carlisle reviewed a memorandum dated July 25, 2022. At its July 18, 2022 meeting, the City Council voted 7-1 on first reading to approve Ordinance Z-23-22, which would rezone the subject property from the C-3 General Commercial District to the C-5 Central Business District for a proposed mixed-use residential, commercial, and parking development. However, the Council’s motion included a stipulation that if the petitioner’s project does not proceed, the subject property’s zoning would return to C-3. The General Counsel has prepared a revised Ordinance Z-23-22. Under Section 5 (Effective Date), the revised Ordinance states the petitioner must formally agree not to object to a rezoning of the property to C-3 if the petitioner or any successors abandon the project prior to Page 7 of 11 8/1/2022 applying for building permits. In this case, the City would have to initiate a map amendment – the rezoning would not happen automatically – but the City could initiate and subject property ownership would have already consented. Submission of this formal agreement (rezoning covenant) is a term of the Purchase and Sale Agreement. Further, while answering Council questions on July 18, the petitioner noted architectural design changes that while not reflected in the renderings and elevations could be enforced through a future redevelopment agreement, approval of which will require passage of a resolution. Approval of the redevelopment agreement would be required to fulfill the Purchase and Sale Agreement for 1332 Webford, which is necessary not only for the transfer of property but also for the effectiveness of the zoning change to C-5. Petitioner 622 Graceland Apartments, LLC (Joe Taylor, Compasspoint Development) proposes a full redevelopment of just-less-than-one-acre (43,500 square feet) at the northwest corner of Graceland Avenue and Webford Avenue. The proposed project is a mix of residential and commercial space with indoor parking. A proposed 82-foot-tall building would contain 131 multiple-family dwelling units – 17 studios, 103 one-bedrooms, and 11 two-bedrooms – on the third through seventh floors. Approximately 2,800 net square feet of an open-to-the- public restaurant and lounge would occupy portions of the first (ground) and second floors. Proposed resident amenities are a coworking office space, a fitness area, lounges and meeting rooms, a club room with bar, a multimedia/game lounge, a dog run and dog wash, indoor bike parking, and an outdoor swimming pool and recreation deck. The proposed building in all is approximately 187,000 square feet. The project includes a 179-space indoor parking garage. These 179 spaces are intended to fulfill the off-street parking minimum requirements for the residential units and the restaurant- lounge (154 spaces), as well as create a supply of public parking to partially replace the current 1332 Webford public lot (25 public off-street spaces are proposed). The segment of Webford alongside the subject property is proposed to widen within the existing public right-of-way to a general distance of 28 feet from curb to curb. Where the five on-street parallel public parking spaces are proposed, the proposed curb-to-curb area is 35 feet wide: 28 feet for the two-way traffic lanes and 7 feet for parking spaces. The total off-street and on-street parking proposed is 184 spaces, with an on-street loading area. With the consent of the property owners, the petitioner is seeking zoning map amendment (rezoning) approval from the City Council. The PZB voted 3-3 (three “yes” and three “no” with one member absent) on a motion recommending approval of the map amendment. Pursuant to the portion of the City Code that governs the PZB, a 3-3 vote amounts to a recommendation to deny the request. Many residents expressed their objection to a zoning map amendment for 622 Graceland Ave, 1332 Webford Ave, and 1368 Webford Ave; and voiced their objection to the development proposed for this location. One of the concerns mentioned was that they believe the size of the building and the increased traffic are safety concerns. Mark Daniels, attorney representing four residents, spoke on behalf of his clients expressing their legal effort to stop a zoning map amendment for 622 Graceland Ave, 1332 Webford Ave, and 1368 Webford Ave. One resident expressed his approval of a zoning map amendment for 622 Graceland Ave, 1332 Webford Ave, and 1368 Webford Ave. Bernard Citron, attorney representing the petitioner, spoke on behalf of his client expressing their legal effort to proceed with a zoning map amendment for 622 Graceland Ave, 1332 Webford Ave, and 1368 Webford Ave. Page 8 of 11 8/1/2022 Joe Taylor, representative of 622 Graceland Apartments, LLC, spoke on behalf of the project and answered questions of the City Council. Alderman Zadrozny thanked the residents for coming out and speaking their mind about this development. He also mentioned social media comments made stating the City Council does not listen to its residents; he listed three recent occasions which he saw as examples of when this City Council did listen to its residents. Alderman Oskerka stated the City Council challenged the City to put more information out there earlier. He also mentioned he thinks this project is too big for this piece of land. Advanced to second reading by Moylan, seconded by Ebrahimi , to Adopt the Ordinance Z-23-22, AN ORDINANCE APPROVING A ZONING MAP AMENDMENT FOR 622 GRACELAND AVENUE, 1332 WEBFORD AVENUE, AND 1368 WEBFORD AVENUE, DES PLAINES, ILLINOIS. Upon roll call, the vote was: AYES: 7 - Lysakowski, Moylan, Zadrozny, Brookman, Chester, Smith, Ebrahimi NAYS: 1 - Oskerka ABSENT: 0 - None Motion declared carried. * Alderman Smith left the meeting at 9:05 p.m. CONSIDER APPROVING & AUTHORIZING THE EXECUTION OF A PURCH & SALE AGRMT OF THE PROPERTY LOCATED AT 1332 WEBFORD AVE Ordinance M-22-22 Director of Community & Economic Development Carlisle reviewed a memorandum dated July 25, 2022. At its July 18, 2022 meeting, the City Council deferred the first reading of Ordinance M-22-22, which authorizes the City’s entrance into a Purchase and Sale Agreement (PSA) for the sale of property at 1332 Webford Avenue, a City-owned public parking lot. Since the meeting the General Counsel has revised the PSA, in the following ways: The PSA refers to a subsequent redevelopment agreement that would now require the proposed mixed-use residential, commercial, and parking project at 622 Graceland, 1332 Webford, and 1368 Webford to be “constructed, maintained, and operated in accordance with plans approved by Seller” (the City)—this is intended to give the Council the ability, or flexibility, to ensure the petitioner uses desired design concepts in plans submitted with the redevelopment agreement; The purchase price was previously $300,000, but the revised PSA allows for the price to reduce to $10 if the purchaser (developer of the mixed-use project) also finalizes acquisition of 1330 Webford, an approximately 9,000-square-foot parcel immediately west of 1332 Webford. The reasoning is some members of the Council expressed a desire to see the 1330 Webford property (currently improved with “The Dance Building”) repurposed as a public open space area. A sale price reduction encourages this acquisition and contributes toward its economic feasibility; and The PSA requires the purchaser to deliver a rezoning covenant in a legal instrument acceptable to the General Counsel that pledges the purchaser or any successors in title would not object to a rezoning of 622 Graceland, 1332 Webford, and 1368 Webford to C-3 if the project as contemplated does not proceed. (Note: Ordinance Z-23-22, which approves a zoning map amendment from the C-3 District to the C-5 District, is not effective until the transaction for 1332 Webford is complete.) 622 Graceland Apartments LLC, an Illinois limited liability corporation, has approached the City with an offer to purchase the property at 1332 Webford Avenue, which is a City-owned public parking lot. The purchaser intends to acquire the property and develop it vertically, Page 9 of 11 8/1/2022 pursuant to the applicable bulk rules of the Zoning Ordinance, with a mixed-use residential, commercial, and parking development that would include public parking spaces. 1332 Webford Avenue is a 13,500-square-foot property directly west of the 622 Graceland Avenue-1368 Webford property (the “Journal and Topics site”) and east of a small mixed-use commercial-residential building at 1330 Webford Avenue. A public parking lot, 1332 Webford has been used historically by a mix of permit-holders, who have obtained a monthly permit from the City’s Finance Department, and those seeking time-limited free public parking. Based on observations of current and prior years, the parking lot has been only partially utilized, with ample spaces available at a given time. Purchaser 622 Graceland Apartments LLC is concurrently asking the Council for approval of a zoning map amendment for 1332 Webford from the current C-3 General Commercial District to the C-5 Central Business District to accommodate a proposed mixed-use development (the “Graceland-Webford project”). The project would contain a parking garage that would contain 179 spaces. Of these 179 spaces, 25 would be allocated for public use, intended to partially replace the 38 spaces currently at 1332 Webford. The remaining 154 would fulfill the off-street parking requirements of the Zoning Ordinance for the residential units (137 spaces) and proposed restaurant-lounge (17 spaces) in the development. Similar to the Bayview-Compasspoint (1425 Ellinwood Avenue) project, the Graceland- Webford project would contain 25 public spaces within a 179- space garage. Unlike the Bayview-Compasspoint garage, however, the City would not be involved in or obligated to any administrative nor any enforcement responsibilities. Maintenance responsibilities would also rest solely with the purchaser and/or any future property owners. Although the City would not be able to collect revenue from the spaces as currently contemplated, the agreement also does not allow the purchaser (developer) to collect revenue, either; the public spaces would be free. A change to this term would require a resolution of the Council. This and other terms governing the use and operation of the public parking spaces would be formalized and recorded against the property, and encompassed within the redevelopment agreement. Mark Daniels, attorney representing four residents, stated it is his belief, echoed by members of the community, that the incentive purchase price is deficient. Resident Joan Hozian Hooson asked for clarification on the terms of the agreement and the purchase price. She also expressed frustration regarding the purchase price. Alderman Zadrozny and Alderman Brookman asked City Manager Bartholomew to respond to the resident’s comments. City Manager Bartholomew stated if the developer purchases the dance building, the City property will sell for ten dollars, but the developer also has to commit to deeding that back to the City or the park district to make a park out of it. Director of CED Carlisle added that one other option for the operation of the green space is not necessarily deeded back, but it is reserved for public use and recorded against that property and the land even if it is privately owned. Resident Tom Lovestrand asked for clarification on who owns the property once the contract is signed. He also expressed frustration regarding the purchase agreement. General Counsel Friedman stated the developer will own the property of the dance building, but there will be a covenant recorded against it that states it cannot be developed and must be maintained as open space. Page 10 of 11 8/1/2022 Resident Jennifer Poonsapaya stated she has serious concerns about providing the land to the park district. She reflected on incidents and lack of maintenance at her neighborhood park. Alderman Brookman defended herself regarding comments previously made by a resident. Resident Caryssa Buchholz asked who will handle any soil remediation since the dance studio was a standard oil company, and if any geotechnical was completed on the parking lot. Joe Taylor, representative of 622 Graceland Apartments, LLC, stated the dance building has been remediated by the current owner. He also stated he will be maintaining the park, and will work with the residents for the design of the park. City Manager Bartholomew stated the vast majority of the City Council wants to keep the green space property as a City property and not dedicated to the park district. Moved by Zadrozny, seconded by Moylan, to Approve the Ordinance M-22-22, AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT FOR THE SALE OF THE PROPERTY LOCATED AT 1332 WEBFORD AVENUE, DES PLAINES, ILLINOIS. Upon voice vote, the vote was: AYES: 6 - Lysakowski, Moylan, Zadrozny, Brookman, Chester, Ebrahimi NAYS: 1 - Oskerka ABSENT: 1 - Smith Motion declared carried. NEW BUSINESS FINANCE & ADMINISTRATION – Alderman Zadrozny, Chair WARRANT REGISTER Resolution R-139-22 Alderman Zadrozny presented the Warrant Register. Moved by Zadrozny, seconded by Brookman, to Approve the Warrant Register of August 1, 2022 in the Amount of $4,217,867.59 and Approve Resolution R-139-22. Upon roll call, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Chester, Ebrahimi NAYS: 0 - None ABSENT: 1 - Smith Motion declared carried. LEGAL & LICENSING - Alderman Brookman, Chair CONSIDER AUTHORIZING THE ACQUISITION THROUGH CONDEMNATION OF FEE SIMPLE TITLE TO THE PROPERTIES LOCATED AT 269, 281, & 299 S. RIVER RD Ordinance M-22-22 The ordinance authorizes a best and final offer and eminent domain proceedings if necessary for the acquisition of 269, 281, and 299 South River Road. The City desires to acquire the properties, demolish any structures, and use the properties for public purposes, including, without limitation, as open green space in order to further the City’s beautification goals and for stormwater detention and related uses. The City has been attempting to engage the owners of the properties in good faith negotiations with the goal of reaching a mutual agreement on a price. The owners have either provided no response or no reasonable response to the City’s offers. The City intends to make a best and final offer based upon an independent appraisal in an effort to acquire the properties at a fair price, and if the City’s final offers are rejected, then the City Page 11 of 11 8/1/2022 Jessica M. Mastalski – CITY CLERK APPROVED BY ME THIS DAY OF , 2022 Andrew Goczkowski, MAYOR authorizes the initiation of eminent domain proceedings. Moved by Lysakowski, seconded by Chester, to Approve the Ordinance M-22-22, AN ORDINANCE AUTHORIZING THE ACQUISITION THROUGH CONDEMNATION OF FEE SIMPLE TITLE TO THE PROPERTIES LOCATED AT 269, 281, AND 299 SOUTH RIVER ROAD. Upon voice vote, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Chester, Ebrahimi NAYS: 0 - None ABSENT: 1 - Smith Motion declared carried. Advanced to second reading by Chester, seconded by Lysakowski, to Adopt the Ordinance M-22-22, AN ORDINANCE AUTHORIZING THE ACQUISITION THROUGH CONDEMNATION OF FEE SIMPLE TITLE TO THE PROPERTIES LOCATED AT 269, 281, AND 299 SOUTH RIVER ROAD. Upon roll call, the vote was: AYES: 7 - Lysakowski, Moylan, Oskerka, Zadrozny, Brookman, Chester, Ebrahimi NAYS: 0 - None ABSENT: 1 - Smith Motion declared carried. ADJOURNMENT Moved by Brookman, seconded by Chester to adjourn the meeting. The meeting adjourned at 9:27 p.m. FIRE DEPARTMENT 405 S. River Rd Des Plaines, IL 60016 P: 847.391.5333 desplaines.org Date: July 12, 2022 To: Michael Bartholomew, City Manager From: Daniel Anderson, Fire Chief DA Subject: Side Letter Agreement with IAFF Local 4211 Issue: The current IAFF Local 4211 (“Local”) agreement contains a Memorandum of Understanding (“MOU”) carried over from the previous agreement that refers to language and terms of a 2019 Lieutenant promotion process. The promotion terms of the MOU were entered into the Rules and Regulations (“Rules”) of the Board of Fire & Police Commission (“Board”) after the MOU was approved. This MOU was not addressed at the time negotiations occurred for the 2021-2024 agreement as it was not relevant to the overall negotiations. However, the parties agreed it would be addressed before the next promotion examination in 2022. Fire Department staff and the Board did not address the 2019 promotions language during the recent rule revisions related to firefighter eligibility list testing made by the Board and approved by the City Council earlier this year. Once the new hire rules were in place and testing underway, fire department staff met with the Local to work out new promotions’ language. Analysis: Fire administrative staff met with representatives of the Local multiple times over the last six months to work through the promotion processes and acceptable language for both the City and Local. Both parties shared a common goal of achieving language that placed an emphasis on quality, fairness and establishing a process that was relevant to the position. Additionally, an emphasis was placed on developing the process and language that would eliminate the need to repeatedly negotiate or debate each component when a new promotion list needed to be established. The language and processes are consistent with the Fire Department Promotion Act (50 ILCS 742/). This agreement will be a Side Letter to the Agreement Between the City of Des Plaines and the Des Plaines Professional Firefighters Union – IAFF Local 4211 which will eliminate the MOU language for the 2019 testing process. MEMORANDUM Page 1 of 11 CONSENT AGENDA #8. While the promotion processes are determined by the Side Letter, the Board will still be required to post all preliminary and final eligibility lists as each component is completed. All funded and authorized promotions to Lieutenant will come from the final eligibility list posted by the Board. Recommendation: I recommend approval of the Side Letter Agreement regarding promotions be approved by the City Council. Attachments: Resolution R – 131 – 22 Exhibit A – Side Letter Agreement Page 2 of 11 CITY OF DES PLAINES RESOLUTION R - 131 - 22 A RESOLUTION APPROVING A SIDE LETTER AGREEMENT TO THE COLLECTIVE BARGAINING AGREEMENT WITH THE DES PLAINES PROFESSIONAL FIREFIGHTERS UNION - INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 4211. WHEREAS, the City is a home rule municipal corporation in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois of 1970 authorizes the City to contract with individuals, associations, and corporations in any manner not prohibited by law or ordinance; and WHEREAS, certain personnel employed by the City of Des Plaines ("Employees") are represented by the Des Plaines Professional Firefighters Union - International Association of Fire Fighters Local 4211 ("Union"); and WHEREAS, the City and the Union desire to enter into a side letter agreement to the current collective bargaining agreement regarding the terms of promotional examinations ("Agreement"); and WHEREAS, the Union membership voted to ratify the Agreement on August 10, 2022; and WHEREAS, the City Council has determined that it is in the best interest of the City to enter into the Side Letter Agreement with the Union; 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 Side Letter Agreement by and between the City and the Union in substantially the form attached to this Resolution as Exhibit A. SECTION 3: EXECUTION OF AGREEMENT. The City Manager and the City Clerk are hereby authorized and directed to execute and seal, on behalf of the City, the Agreement upon receipt by the City Clerk of at least one original copy of the Agreement executed by the Union; provided, however, that if the executed copy of the Agreement is not received by the City Clerk Page 3 of 11 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 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 , 2022. APPROVED this day of , 2022. VOTE: AYES NAYS ABSENT MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Approving Side Letter Agreement with IAFF 2022 Page 4 of 11 SIDE LETTER AGREEMENT - ARTICLE – PROMOTIONS Section 1 General Promotions to the rank of Lieutenant shall be conducted in accordance with the provisions of this Article and, if not otherwise covered by this Article, the provisions of the Fire Department Promotion Act, 50 ILCS 742. This Article shall supersede all Rules and Regulations of the Board of Fire and Police Commissioners of the City of Des Plaines relating to the Lieutenant promotional process for Fire Department employees. The promotion process shall be agreed upon by the Fire Chief and the Local. The Board of Fire and Police Commission shall post the scoring components and final eligibility lists as provided in the order noted in Section 5. For the 2022 test the Union and City agree to utilize the Illinois Fire Chiefs Association for the Assessment Center and Written Test. Section 2 Notification The Fire Chief shall provide the announcement for promotional examinations and shall be posted at each station no later than one hundred twenty (120) days prior to written examination. A list of text and reference materials (minimum two (2) copies per station) that may be used for study purposes will be given to employees no later than ninety (90) days prior to examination. When a vacancy exists, it shall be filled as soon as possible. Temporary appointments shall not exceed 180 days. Section 3 Vacancies This section applies to promotions to vacancies in the rank of Lieutenant. A vacancy in such position is deemed to occur on the date upon which the position is vacated, and on the same date, a vacancy shall occur in all ranks inferior to that rank, provided that the position or positions continued to be funded or authorized by the corporate authorities. If a vacated position is not filled due to lack of funding or authorization and is subsequently reinstated, the final promotion list shall be continued in effect until all positions have been filled or for up to five (5) years beginning from the date on which the position was vacated. In such event, the candidate or candidates who would have otherwise been promoted when the vacancy originally occurred shall be promoted. Section 4 Eligibility - Lieutenant 1. Illinois OSFM Certified Firefighter III or Advanced Firefighter 2. Illinois OSFM Certified Hazardous Materials Operations 3. Illinois OSFM Certified Fire Officer 1 or Company Fire Officer - enrolled or certification achieved at time of promotion 4. Completion of at least five (5) years as a non-probationary Des Plaines Firefighter/Paramedic, Firefighter/Paramedic Engineer or Firefighter/Engineer at the time of promotion The one year advance notice of eligibility requirements under the FDPA is waived for the 2022 promotional process. Page 5 of 11Exhibit A Section 5 Promotion Components and Weighting of Components All examinations shall be impartial and shall relate to those matters which will test the candidate's ability to discharge the duties of the position to be filled. The placement of employees on the promotional lists shall be based on the points achieved by the employee on promotional examinations consisting of the five (5) components as specified with a minimum passing cumulative score of 70%: Administrative Points 5 points Seniority 5 points Ascertained Merit 10 points Commission Oral Interview 40 points Written Examination 40 points 1. Administrative Points Administrative merit points shall be awarded to candidates up to a maximum of five (5) points. Subjective Administrative merit points shall be awarded by the Administration based upon his/her opinion of the candidate's suitability for promotion to the rank of Lieutenant. At least ninety (90) days prior to awarding these points, the Fire Chief shall provide written notice explaining the criteria to be used for their determination. 2. Seniority a. Points shall be based only upon service with the Des Plaines Fire Department and shall be calculated as of the date of eligibility. The weight of this component shall be five (5) points, as calculated below: 0 thru 7 Years 1 to 84 Months .00595/month = .5 Max points 8 thru 12 Years 85 to 144 Months .00868/month = 1.25 Max points 13 thru 17 Years 145 to 204 Months .01593/month = 3.25 Max points Calculation Example 1: An employee with ten (10) years and five (5) months of creditable time (125 months) would receive the following: .5 points for the first 84 months, and 1.09 points (125x.00868) for the remaining 41 months and a total score of 1.596 points. Calculation Example 2: An employee with 14 years and 6 months of creditable time (174 months) would receive the following: .5 points for the first 84 months, 1.25 points for 84 to 144 months and 2.77 points (174x.01593) for the remaining 30 months and a total score of 4.52 points. b. The seniority list shall include the seniority date, the total number of eligible months, and the number of seniority points. 3. Ascertained Merit See Appendix “A” 4. Commission Oral Interview Each candidate shall be asked the same questions. Questions shall relate to the duties of the rank. An assessment center process may be utilized in lieu of an interview by the Commission. Page 6 of 11Exhibit A The assessment center may include, but not limited to: leaderless group exercise, writing exercise, oral interview, tactical evaluation, and group problem solving. The items to be included in an assessment center shall be identified at least ninety (90) days prior to the assessment certer or included in the announcement of promotional examination. 5. Written Exam a. The Fire Chief may not condition eligibility to take the written examination on the candidate's score on any of the previous components of the examination. The written examination for the rank of Lieutenant shall consist of matters relating to the duties regularly performed by persons holding that rank within the department. The written examination for the rank of Lieutenant shall consist of matters relating to the duties regularly performed by persons holding that rank within the department. The examination shall be based only on the contents of written materials that the Fire Chief has identified and made readily available to potential examinees at least ninety (90) days before the written examination is administered. The test questions and material must be pertinent to the rank of Lieutenant. The written examination shall be administered after the determination and posting of the seniority list, ascertained merit points, and subjective evaluation scores. The written examination shall be administered, the test materials opened, and the results scored and tabulated. If the test is taken in an electronic format, it shall have the similar security measures as a written test. b. Written examinations shall be graded at the examination site on the day of the examination immediately upon completion of the test in front of the observers if such observers are appointed, or if the tests are graded offsite by a bone fide testing agency, the observers shall witness the sealing and the shipping of the tests for grading and the subsequent opening of the scores upon return from the testing agency. Every examinee shall have the right (1) to obtain his or her score on the examination on the day of the examination or upon the day of its return from the testing agency (or the Fire Chief shall require the testing agency to mail the individual scores to any address submitted by the candidates on the day of the examination); and (2) to review the answers to the examination that the examiners consider correct. The Fire Chief may hold a review session after the examination for the purpose of gathering feedback on the examination from the candidates. c. Sample written examinations may be examined by the Fire Chief and members of the department, but no person in the department or the Fire Chief, and other appointed or elected officials, may see or examine the specific questions on the actual written examination before the examination is administered. If a sample examination is used, actual test questions shall not be included. It is a violation of this Article for any member of the department or other official to obtain or divulge foreknowledge of the contents of the written examination before it is administered. Section 6 Veteran's Preference Points (Per State Statute) A person on a preliminary promotion list who is eligible for veteran's preference under any law or agreement applicable to an affected department may file a written application for that preference within ten (10) days after the initial posting of the preliminary promotion list. The veteran's preference shall be calculated as provided in the applicable law and added to the applicant's total score on the preliminary promotion list. Any person who has received a promotion from a promotion list on which his or her position was adjusted for veteran's Page 7 of 11Exhibit A preference, under this Act or any other law, shall not be eligible for any subsequent veteran's preference under this act. Section 7 Testing Process – Following Order Step 1 Chief’s/Administrative Points Step 2 Seniority Step 3 Ascertain Merit Step 4 Commission Oral Interviews Step 5 Written Exam The score for each step (component) of the process shall be posted prior to the administration of the next step (component) and final scores from the examination will be posted. 1. For the purpose of granting promotion to the rank of Lieutenant, the Fire Chief shall from time to time, as necessary, administer a promotion process in accordance with this Article. 2. All aspects of the promotion process shall be equally accessible to all eligible employees of the department. Every component of the testing and evaluation procedures shall be published to all eligible candidates when the announcement of promotional testing is made. The scores for each component of the testing and evaluation procedures shall be disclosed to each candidate as soon as practicable after the component is completed. Section 8 Right to Review The union or any affected employee who believes that an error has been made with respect to eligibility to take an examination, examination result, placement or position on a promotion list, or veteran's preference shall be entitled to file a grievance in accordance with the provisions of this Agreement. Section 9 Order of Selection Whenever a promotional rank is created or becomes vacant due to resignation, discharge, promotion, death, or the granting of a disability or retirement pension, or any other cause, the Board of Fire and Police Commissioners shall appoint to that position the person with the highest ranking on the final promotion list, except that the Board of Fire and Police Commissioners shall have the right to pass over that person and appoint the next highest ranked person on the list if the Board of Fire and Police Commissioners has reason to conclude that the highest ranking person has demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting the person’s ability to perform the duties of the rank Lieutenant since the posting of the promotion list. If the highest ranking person is passed over, the Board of Fire and Police Commissioners shall document its reasons for its decision to select the next highest ranking person on the list. Unless the reasons for passing over the highest ranking person are not remediable, no person who is the highest ranking person on the list at the time of the vacancy shall be passed over more than once. Any candidate may refuse a promotion once without losing his or her position on the final adjusted promotional list. Any candidate who refuses a promotion a second time shall be removed Page 8 of 11Exhibit A from the final adjusted promotion list, provided that such action shall not prejudice a person's opportunities to participate in future promotion examinations. Section 9 Maintenance of Promotional List Final eligibility lists shall be effective for a period of three (3) years. The City shall take all necessary steps to ensure that the Board of Fire and Police Commissioners maintain in effect current eligibility list. Page 9 of 11Exhibit A APPENDIX A ASCERTAINED MERIT CRITERIA Ascertained Merit points shall be awarded in the two categories listed below. Each category is valued as follows: Category 1 equals up to 50 (fifty) points in two sections, Category 2 equals up to 50 (fifty) points. Category 1, Part 1 - 25 (twenty-five) points maximum: Illinois State Certifications (OSFM or IDPH) or National Fire Academy courses 40 or more hours. Each item valued at 2.5 (two-and- one-half) points. Basic Operations Firefighter Airport Firefighter Advanced Technician Firefighter Fire Apparatus Engineer Fire Officer 1 Company Fire Officer Fire Service Executive Support Arson Investigator Rescue Specialist-Confined Space Fire Department Health and Safety Officer Fire Department Incident Safety Officer Fire Department Safety Officer Fire Inspector I Fire Inspector II Fire Investigator Fire Officer II Advanced Fire Officer Chief Fire Officer Basic Fire Prevention Officer Fire Service Instructor I Fire Service Instructor II Fire Service Instructor III Fire Service Vehicle Operator (BOF) Hazardous Materials Operation (BOF) Hazardous Materials Technician Hazardous Materials Incident Command IDPH EMS Lead Instructor (current) Public Fire and Life Safety Educator I Advanced Fire Prevention Officer Rope Operations Rope Technician Structural Collapse Operations Structural Collapse Technician Training Program Manager Trench Operations Trench Technician Vehicle and Machinery Operations Vehicle and Machinery Technician Water Operations Watercraft Technician Youth Firesetter Intervention Specialist Page 10 of 11Exhibit A Category 1, Part 2 - 25 (twenty-five) points maximum: Participation in Applicable Subjects and Skills Related to the Fire Department to include: Specialty Team Participation: • Fully certified member of a department specialty team (TRT, HazMat, Water Rescue/Dive or Fire Investigations) o 1 point per year (maximum 5 points) OR • Member of a department specialty team (not fully certified) o .5 point per year (maximum 5 points) ***May be awarded points for no more than 2 teams*** Acting Out of Class: • Acting Lieutenant o 1 point per year (maximum 5 points) • Acting Fire Engineer/Backup Driver o 1 point per year (maximum 5 points) Additional FIRE/EMS related non-certification educational classes, seminars, presentations: One (1) point will be allocated as follows for each recognized event or occurrence: All recognitions must be for a minimum of eight (8) hours of education. Recognitions consist of documentation or certificate describing the activity delivered by a local, state, and/or nationally recognized association or organization providing appropriate and applicable fire service or EMS-related training and education. (Maximum 15 points) Category 3 - 50 (fifty) points maximum: Highest Formal Education: 30 to 119 Semester Hours (no degree): 15 (fifteen) points Associates Degree: 22 (twenty-two) points Bachelor Degree: 35 (thirty-five) points Master’s Degree: 50 (fifty) points UNION: EMPLOYER: _______________________ _______________________ Title:___________________ Title:___________________ Date:__________________ Date:___________________ Page 11 of 11Exhibit A 2 FINANCE DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5300 desplaines.org Date: August 3, 2022 To: Michael G. Bartholomew, City Manager From: Dorothy Wisniewski, Assistant City Manager/Director of Finance Subject: Resolution R-146-22, August 15, 2022, Warrant Register Recommendation: I recommend that the City Council approve the August 15, 2022, Warrant Register Resolution R-146-22. Warrant Register……………………………$2,661,646.89 MEMORANDUM Estimated General Fund Balance Balance as of 06/30/2022: $35,160,290 Please use caution when evaluating this number as revenues fluctuate dramatically from month to month due to delays in receiving sales tax revenue from the State and 1st & 2nd installments of property tax revenue. Page 1 of 24 NEW BUSINESS #1A. CITY OF DES PLAINES RESOLUTION R-146-22 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. August 15, 2022 Page 2 of 24 Line #Vendor Invoice Invoice Description Amount 1 5310 Membership Dues 2259 Metropolitan Mayors Caucus 2022-16 Membership Caucus Dues FY 2022 2,730.38 2 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 386.69 3,117.07 3 6005 Legal Fees 8133 Elrod Friedman LLP 9011 6-22 Non-Retainer Litigation 3,444.50 4 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 42.41 5 6100 Publication of Notices 1050 Journal & Topics Newspapers 188293 Legal Notice - Oakton Street Demolition 07/13/2022 86.55 6 6120 Recording Fees 1139 Cook County of Illinois 29006302022 Miscellaneous Recording Fees 06/10 & 06/16/2022 755.00 7 6120 Recording Fees 8133 Elrod Friedman LLP 9013*6-22 Non-Retainer Matters 14.58 8 7500 Postage & Parcel 1041 Federal Express 7-817-93423 Delivery Service 07/05-07/07/2022 15.68 4,358.72 7,475.79 9 6005 Legal Fees 8133 Elrod Friedman LLP 9003 6-22 Non-Retainer Matters 4,665.00 10 6005 Legal Fees 8133 Elrod Friedman LLP 9006 6-22 Non-Retainer Matters 2,438.00 11 6005 Legal Fees 8133 Elrod Friedman LLP 9016 6-22 Non-Retainer Litigation 513.00 12 6005 Legal Fees 8133 Elrod Friedman LLP JUN 2022 RET June 2022 Retainer 18,500.00 13 6009 Legal Fees - Admin Hearings/Prosecutions 1073 Bartel, Raymond 22-14 Legal Services 07/18-07/22/2022 1,065.00 14 6010 Legal Fees - Labor & Employment 1127 Clark Baird Smith LLP 15554 Legal Fees - Labor & Employment June 2022 2,812.50 15 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 42.41 30,035.91 16 6000 Professional Services 5934 Tyler Technologies Inc 045-381491 Tyler Professional Services for HR 05/23/22 762.50 17 6000 Professional Services 8395 Sentinel Technologies, Inc P691028 Professional Services for O365 Implementation 03/16/22-06/21/22 25,917.50 18 6000 Professional Services 8395 Sentinel Technologies, Inc T311749 Professional Services for Phone Issues 6/8/22 275.00 19 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 340.14 20 7320 Equipment < $5,000 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 394.98 27,690.12 21 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 163.24 Division: 240 - Media Services Total 210 - City Manager Division: 230 - Information Technology Total 230 - Information Technology Total 10 - Elected Office City Administration Division: 210 - City Manager Division: 110 - Legislative Total 110 - Legislative Division: 120 - City Clerk Total 120 - City Clerk City of Des Plaines Warrant Register 08/15/2022 Account Fund: 100 - General Fund Elected Office Page 3 of 24 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 08/15/2022 Account 22 6108 Public Relations & Communications 8670 Proforma Albrecht & Company 1161751 Ribbon for Ribbon Cutting Events 332.45 23 7000 Office Supplies 1644 Warehouse Direct Inc 5280076-0 Printer Paper and Card Stock for Media Services 70.05 565.74 24 5340 Pre-Employment Testing 1320 IL State Police Cost 01755-05/22 Fingerprint Background Check Services for May 2022 141.25 25 5340 Pre-Employment Testing 1320 IL State Police Cost 01755-06/22 Fingerprint Background Check Services June 2022 197.75 26 5345 Post-Employment Testing 8674 Occupational Health Centers of Kansas PA 1014098143 1 Pre-Employment Test 7/6/2022 89.00 27 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 42.41 28 6100 Publication of Notices 1485 ILCMA - IL City/County Management Assoc 3717 2 Job Postings - Maintenance and Water Operator 6/28 - 7/19/2022 100.00 570.41 58,862.18 29 6000 Professional Services 8564 Lockhart, Kevin Charles 07/28/2022 Analysis of Investments and Investment Services 03/01- 06/30/2022 1,520.00 30 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 102.12 31 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 42.41 32 6110 Printing Services 1233 Press Tech Inc 49698 1 Box of Business Cards 07/27/2022 25.00 33 7200 Other Supplies 1644 Warehouse Direct Inc 5287357-0 3 Packs of Duster Cans 20.58 1,710.11 34 6000 Professional Services 3337 HR Green Inc 154238 Building Inspections for June 2022 R- 206-21 & R-124-22 13,056.00 35 6000 Professional Services 6315 B&F Construction Code Services Inc 16139 Professional Plan Review & Inspection Services May 2022 R-207- 21 9,102.83 36 6000 Professional Services 5764 GovTempUSA LLC 3999818 Permit Tech Assistance-Clerical- Weeks Ending 07/03 & 07/10/2022 2,835.00 37 6000 Professional Services 6315 B&F Construction Code Services Inc 59641 Plan Review 07/22/2022 Project 1126301 895.50 38 6005 Legal Fees 8133 Elrod Friedman LLP 9004 6-22 Non-Retainer Matters 6,622.50 39 6005 Legal Fees 8133 Elrod Friedman LLP 9005 6-22 Non-Retainer Litigation 570.00 40 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 476.92 Community Development Division: 410 - Building & Code Enforcement Total 20 - City Administration Department: 30 - Finance Total 30 - Finance Total 240 - Media Services Division: 250 - Human Resources Total 250 - Human Resources Page 4 of 24 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 08/15/2022 Account 41 6195 Miscellaneous Contractual Services 3013 Clauss Brothers Inc 27497 Nuisance Abatement & Grass Cutting Services June 2022 R-193-21 1,178.43 34,737.18 42 6005 Legal Fees 8133 Elrod Friedman LLP 9014 6-22 Reimb Redevelopment 726.75 43 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 78.42 44 6100 Publication of Notices 1050 Journal & Topics Newspapers 188294 Legal Notice 07/13/2022 for Public Hearing 08/01/22 103.86 909.03 45 6000 Professional Services 1332 Kane McKenna & Associates 18745 TIF Reports & Prep for Annual Joint Review Board Mtg June 2022 3,700.00 46 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 32.41 3,732.41 39,378.62 47 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 99.97 48 6040 Waste Hauling & Debris Removal 6988 Lighting Resources LLC 53-14521 Light Bulb Recycling - 06/30/2022 951.28 49 6300 R&M Software 6055 Axiom Human Resource Solutions Inc 0000045938 Monthly User Fees - June 2022 185.22 1,236.47 50 6000 Professional Services 1562 Wisconsin Central LTD 91640264 Flagging Service at 1367 Oakton Crossing 06/29-06/30/2022 300.00 51 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 325.08 52 6110 Printing Services 1233 Press Tech Inc 49705 1 Box of Business Cards 07/27/22 25.00 650.08 53 5335 Travel Expenses 2494 IL State Toll Highway Authority (IPASS) G125000007535 Toll Fees-4/1/2022-6/30/2022 29.78 54 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 397.13 55 6170 Tree Maintenance 6555 Landscape Concepts Management Inc 21798 44 Parkway Stump Removals/Restorations - 07/20/2022 7,576.20 56 6170 Tree Maintenance 6555 Landscape Concepts Management Inc 21820 Tree Removal - 690 Van Buren Alley - 07/20/2022 4,250.00 57 6195 Miscellaneous Contractual Services 5399 Beary Landscape Management 230033 Irrigation System Repairs - 07/20- 07/21/2022 10,888.10 Division: 530 - Street Maintenance Total 100 - Administration Division: 510 - Engineering Total 510 - Engineering Total 40 - Community Development Public Works & Engineering Division: 100 - Administration Division: 420 - Planning & Zoning Total 420 - Planning & Zoning Division: 430 - Economic Development Total 430 - Economic Development Total 410 - Building & Code Enforcement Page 5 of 24 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 08/15/2022 Account 58 6195 Miscellaneous Contractual Services 1367 Meade Inc 701281 Vehicle Pre-Emption Repair Golf Rd & Potter Rd 07/19/2022 3,137.00 59 7025 Supplies - Custodial 1085 Alexander Equipment Company Inc 190109 Bucket Truck Chainsaw Scabbard 20.95 60 7055 Supplies - Street R&M 3415 Castek Inc 1002352 Asphalt Border 449.00 61 7055 Supplies - Street R&M 7691 Builders Asphalt LLC 100545 2.75 Tons Asphalt - Potholes - 07/18/20222 170.50 62 7055 Supplies - Street R&M 7691 Builders Asphalt LLC 101130 19.38 Tons Asphalt - Patching - 07/22/2022 1,279.08 28,197.74 63 5335 Travel Expenses 2494 IL State Toll Highway Authority (IPASS) G125000007535 Toll Fees-4/1/2022-6/30/2022 29.78 64 6000 Professional Services 7619 Henneman Engineering Inc 78910 AHU Replace Eng Svcs - City Hall - June 2022 544.33 65 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 178.71 66 6145 Custodial Services 8073 Crystal Maintenance Services Corporation 30358 Custodial Services - August 2022 8,240.00 67 6195 Miscellaneous Contractual Services 6420 International Exterminator Company Inc 07-3494 Exterior Pest Control - City Hall & Police - 07/01-07/31/2022 80.00 68 6195 Miscellaneous Contractual Services 6420 International Exterminator Company Inc 07-3495 Interior Pest Control - City Hall & Police - 07/01-07/31/2022 193.00 69 6195 Miscellaneous Contractual Services 1029 Cintas Corporation 4125273960 Mat Service - Police Station - 07/13/2022 128.85 70 6195 Miscellaneous Contractual Services 1029 Cintas Corporation 4125274002 Mat Service - Metra Train Station - 07/13/2022 35.55 71 6195 Miscellaneous Contractual Services 1029 Cintas Corporation 4125953785 Mat Service - Metra Train Station - 07/20/2022 35.55 72 6195 Miscellaneous Contractual Services 6420 International Exterminator Company Inc 50110 Pest Control - PW - 04/27/2022 187.00 73 6195 Miscellaneous Contractual Services 6420 International Exterminator Company Inc 547 Pest Control - Food Pantry - 02/28/2022 118.00 74 6195 Miscellaneous Contractual Services 1367 Meade Inc 701280 Opt-Icon Repair - Touhy & Wolf - 07/19/2022 1,800.00 75 6315 R&M Buildings & Structures 1025 Bedco Inc 097978 Metra Station HVAC Troubleshooting- 6/22/22 120.00 76 6315 R&M Buildings & Structures 1025 Bedco Inc 097979 Fire Station #63 HVAC Repair- 6/22/22 120.00 77 6315 R&M Buildings & Structures 1025 Bedco Inc 097980 Metra Station HVAC Repairs-6/24/22 2,283.20 78 6315 R&M Buildings & Structures 1025 Bedco Inc 097981 Metra Station HVAC Repair-6/24/22 and 6/27/22 323.10 79 6315 R&M Buildings & Structures 1025 Bedco Inc 097982 Repairs to HVAC Equipment at the Food Pantry-6/27/22 1,277.45 80 6315 R&M Buildings & Structures 1025 Bedco Inc 097983 Fire Station #63 HVAC Repair- 6/28/22 120.00 81 6315 R&M Buildings & Structures 1025 Bedco Inc 097984 Preventative Maintenance Gun Range-6/30/22 1,743.85 Total 530 - Street Maintenance Division: 535 - Facilities & Grounds Maintenance Page 6 of 24 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 08/15/2022 Account 82 6315 R&M Buildings & Structures 1311 Hill/Ahern Fire Protection LLC 10661 Fire Panel Repair - PW - 06/27/2022 860.00 83 6315 R&M Buildings & Structures 5698 Doors Done Right Inc 12431 New Door Install - DP Theater - 05/24/2022 1,915.00 84 6315 R&M Buildings & Structures 8654 GP Maintenance Services Inc 429-01 Sump Pit Lining - Police Station - 07/15/2022 18,500.00 85 6315 R&M Buildings & Structures 4583 Argon Electric Company, Inc 9589 Install Mast and Cables on City Hall Roof for Library 06/03/2022 2,397.00 86 6315 R&M Buildings & Structures 4583 Argon Electric Company, Inc 9590 Install WIFI Antenna at City Hall to Library 06/08/2022 2,208.00 87 6315 R&M Buildings & Structures 4583 Argon Electric Company, Inc 9592 Install Mast/Antenna at CH to Metro Square-5/03/2022 2,306.00 88 6315 R&M Buildings & Structures 4583 Argon Electric Company, Inc 9594 Install Cat6 Lines From CH Roof to IT Dept. - 5/10/22 2,090.00 89 6315 R&M Buildings & Structures 4583 Argon Electric Company, Inc 9596 Troubleshoot Connectivity Issues - PW - 06/15/2022 2,248.00 90 7025 Supplies - Custodial 1029 Cintas Corporation 4125273968 Cleaners, Paper Towels, Soap, Mat, & Scrubs - PW 204.68 91 7025 Supplies - Custodial 1029 Cintas Corporation 4125953779 Cleaners, Paper Towels, Air Freshener, Soap, Etc. - PW 182.36 92 7030 Supplies - Tools & Hardware 1057 Menard Incorporated 97784 Drain Cleaner, Gloves, Caulk, & Flashlight 51.63 93 7035 Supplies - Equipment R&M 8632 Imaging Essentials Inc SINV101211 6 Ink Cartridges & Print Head - PW Plotter 464.05 94 7045 R&M Buildings & Structures 2480 Just Faucets 202292 Faucet Parts for Fire Station #61 39.89 95 7045 Supplies - Building R&M 1018 Anderson Lock Company LTD 1095194 Door Cylinder - Police Station 132.00 96 7045 Supplies - Building R&M 1057 Menard Incorporated 114 Anchors, Epoxy, & Drill Bit - PW 86.54 97 7045 Supplies - Building R&M 1057 Menard Incorporated 119 Crack Sealer & Cleaner - 1486 Miner St 48.98 98 7045 Supplies - Building R&M 1057 Menard Incorporated 135 Metal Pack, Wire Channel, Starter Box - Fire Station #61 72.69 99 7045 Supplies - Building R&M 1187 Scharm Floor Covering 16032 22 Cases of Carpet Squares and Freight for IT Remodel 5,344.00 100 7045 Supplies - Building R&M 1187 Scharm Floor Covering 16035 Carpet Adhesive for IT Remodel 480.00 101 7045 Supplies - Building R&M 1057 Menard Incorporated 1611 Washers, Screws, Bolts, Etc. - Police Station 26.04 102 7045 Supplies - Building R&M 1057 Menard Incorporated 1612 Mending Brace - Police Station 1.96 103 7045 Supplies - Building R&M 1057 Menard Incorporated 1634 Outdoor Security Flood Light - Fire Station #63 19.99 104 7045 Supplies - Building R&M 1057 Menard Incorporated 1767 Boards, Drywall & Screws 335.52 105 7045 Supplies - Building R&M 1057 Menard Incorporated 1811 Washers, Nuts, Bolts, Etc. - Fire Station #61 34.52 106 7045 Supplies - Building R&M 1057 Menard Incorporated 1812 Primer, Gang Covers, GFCI, Ring, Etc. - Fire Station #61 143.42 107 7045 Supplies - Building R&M 1057 Menard Incorporated 1818 4 Wall Lights - PW 439.96 108 7045 Supplies - Building R&M 1057 Menard Incorporated 1869 Mudrings, Gang Boxes, Screws, Etc. - City Hall IT Remodel 62.70 109 7045 Supplies - Building R&M 1057 Menard Incorporated 1881 Downspout & Mortar Repair - Fire Station #61 25.62 Page 7 of 24 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 08/15/2022 Account 110 7045 Supplies - Building R&M 1057 Menard Incorporated 1907 Corner Bead - City Hall 4th Floor 20.32 111 7045 Supplies - Building R&M 1057 Menard Incorporated 2094 Pail, Tape, Sponges, Dishwand, Etc. - City Hall 4th Floor 113.28 112 7045 Supplies - Building R&M 1057 Menard Incorporated 2101 Copper Pipes, Elbows, Tees, Brackets, Etc. - City Hall 4th Floor 134.39 113 7045 Supplies - Building R&M 1057 Menard Incorporated 2102 Screws, Bit Tips, Washers for Inspection Repairs @ Fire Sta 61 22.21 114 7045 Supplies - Building R&M 1057 Menard Incorporated 2162 Electric Supplies for Fire Station #61 Repairs 147.85 115 7045 Supplies - Building R&M 8244 Des Plaines Ace Hardware 2361 Fasteners - Police Station 0.33 116 7045 Supplies - Building R&M 8244 Des Plaines Ace Hardware 2367 3 Rolls Mounting Tape - City Hall 32.37 117 7045 Supplies - Building R&M 8244 Des Plaines Ace Hardware 2379 Wall Primer - City Hall 4th Floor 62.95 118 7045 Supplies - Building R&M 1527 Sherwin-Williams Company, The 4117-3A 25 Gals Paint - City Hall 4th Floor 195.90 119 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 4973131 Cabinets for City Hall 4th Floor Remodel 1,070.05 120 7045 Supplies - Building R&M 1540 Reinke Interior Supply Company Inc 60048641 Ceiling Grid Materials for IT Remodel 1,727.98 121 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 6460203 Bucket, Drywall, Frig, Misc Supplies City Hall Remodel 591.15 122 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 7073740 Duct Tape, Pencils, Pipe Insulation IT Remodel 24.32 123 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 8393087 Sealant and Door Sweep for Fire Station #63 95.30 124 7045 Supplies - Building R&M 1047 Home Depot Credit Svcs 8933383 Building Supplies for 4th Floor Remodel 161.75 125 7045 Supplies - Building R&M 1550 Addison Building Material Co 972963 Metal Studs and Track for 4th Floor Remodel 620.10 126 7045 Supplies - Building R&M 1550 Addison Building Material Co 973162 Metal Studs and Track for 4th Floor Remodel 169.27 127 7045 Supplies - Building R&M 1057 Menard Incorporated 97492 2 Door Sweeps - City Hall 30.98 128 7045 Supplies - Building R&M 1057 Menard Incorporated 97781 Door & Siding Sealant - City Hall 80.16 129 7045 Supplies - Building R&M 1057 Menard Incorporated 97783 Roof Cement & Flex Seal - Fire Station #62 36.68 130 7045 Supplies - Building R&M 2313 City Electric Supply Company (CES) DEP/057922 20 Amp Circuit Breaker 68.25 131 7045 Supplies - Building R&M 5969 Security Equipment Supply Inc Q30441 3 Replacement Door Strikes - City Hall 851.24 132 7140 Electricity 1033 ComEd 0459113083- 07/22 Electricity Service 06/14-07/14/2022 4,993.41 133 7140 Electricity 1033 ComEd 2685017085- 07/22 Electricity Service 06/06-07/06/2022 81.55 134 7140 Electricity 1033 ComEd 4974385007- 07/22 Electricity Service 06/09-07/11/2022 23.53 135 7140 Electricity 1033 ComEd 4974507003- 07/22 Electricity Service 06/06-07/06/2022 416.34 136 7140 Electricity 1033 ComEd 5310666002- 07/22 Electricity Service 06/06-07/06/2022 1,244.98 Page 8 of 24 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 08/15/2022 Account 137 7140 Electricity 1033 ComEd 5310666002- 7/22F Electricity Service 07/06-07/20/2022 - FINAL BILL 652.42 71,947.98 138 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 109.65 139 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 10.99 140 6115 Licensing/Titles 1710 Cumberland Servicenter Inc 54244 30 Safety Lane Coupons 448.50 141 6135 Rentals 1029 Cintas Corporation 4125241250 Mechanic's Uniform Rental - 07/13/2022 187.11 142 6135 Rentals 1029 Cintas Corporation 4125881868 Mechanic's Uniform Rental - 07/20/2022 187.11 143 6305 R&M Equipment 1071 Pomp's Tire Service Inc 280135923 On Site Tire Repair - PW 5027 - 07/13/2022 553.50 144 7020 Supplies - Safety 1043 WW Grainger Inc 9371342727 3 Face Shields & 10 Grinding Discs 69.03 145 7020 Supplies - Safety 1043 WW Grainger Inc 9376159712 4 Pairs Leather Gloves - PW Shop 59.40 146 7030 Supplies - Tools & Hardware 1053 Kimball Midwest 100095837 Kim Brite Disc, Drill Bits, Hardware, Locite, Etc. PW/Fire Stock 53.14 147 7030 Supplies - Tools & Hardware 1053 Kimball Midwest 100096087 Cut Off Wheels, Drill Bits, Grease Fitting, Etc. - PW Stock 131.17 148 7030 Supplies - Tools & Hardware 8454 NAPA Auto Parts 831895 PAG Oil - PW Shop 24.24 149 7030 Supplies - Tools & Hardware 1043 WW Grainger Inc 9371342719 2 Flap Discs - PW Stock 39.12 150 7030 Supplies - Tools & Hardware 1043 WW Grainger Inc 9371342727 3 Face Shields & 10 Grinding Discs 104.40 151 7035 Supplies - Equipment R&M 1071 Pomp's Tire Service Inc 280136456 Tires - PW 5040 471.00 152 7035 Supplies - Equipment R&M 8454 NAPA Auto Parts 832387 Battery & Core Deposit - PW 5019 94.48 153 7040 Supplies - Vehicle R&M 1677 Wholesale Direct Inc 000258102 Flood Lights - Fire 7801 639.08 154 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound LLC 1-0288372 Filters, Brake Pads, & Rotors - Police Stock 1,207.48 155 7040 Supplies - Vehicle R&M 1673 Chicago Parts & Sound LLC 1-0289968 Six Batteries for Police Department Stock 676.80 156 7040 Supplies - Vehicle R&M 1053 Kimball Midwest 100095837 Kim Brite Disc, Drill Bits, Hardware, Locite, Etc. PW/Fire Stock 373.99 157 7040 Supplies - Vehicle R&M 1053 Kimball Midwest 100096087 Cut Off Wheels, Drill Bits, Grease Fitting, Etc. - PW Stock 183.74 158 7040 Supplies - Vehicle R&M 3518 O'Reilly Auto Parts 2479-122300 3 Oil & 2 Cabin Filters - PW Stock 48.25 159 7040 Supplies - Vehicle R&M 3518 O'Reilly Auto Parts 2479-122433 Returned Oil Filter - PW Stock (7.93) 160 7040 Supplies - Vehicle R&M 3518 O'Reilly Auto Parts 2479-123398 Micro V Belt & Bolt Kits - Police 6085 30.83 161 7040 Supplies - Vehicle R&M 3518 O'Reilly Auto Parts 2479-123399 Belt Tensioner - Police 6085 51.99 162 7040 Supplies - Vehicle R&M 3518 O'Reilly Auto Parts 2479-123737 Battery - PW 5900 148.59 Division: 540 - Vehicle Maintenance Total 535 - Facilities & Grounds Maintenance Page 9 of 24 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 08/15/2022 Account 163 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1297082 Fuel Lift Pump - Fire 7606 47.73 164 7040 Supplies - Vehicle R&M 6224 Bumper to Bumper 408-1298306 Radiator Cap - FD 7608 4.49 165 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 529486P Control Module-PD#6090 247.27 166 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 531600P Head Light Assembly - Police 6097 1,333.34 167 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 531809P Wiper Arm Assembly - Police 6073 32.54 168 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 531823P 2 Oil Slingers - PW 5043 8.44 169 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 531926P Interior Temp Sensor - Fire 6090 54.97 170 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 532073P Cabin Air Filters-PD Stock 51.12 171 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 532180P Cabin and Engine Air Filters - PD Stock 268.32 172 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 532194P CV Shaft & Retainer-PD#6095 179.68 173 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 532274P Cabin Air Filters - PD Stock 127.80 174 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 532280P Exhaust Pipe and Gaskets - PW 5900 306.71 175 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 532347P Window Switch - PD 6084 101.96 176 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 532348P Hub Caps - PW 5560 162.44 177 7040 Supplies - Vehicle R&M 1643 Golf Mill Ford 532357P Oxygen Sensor - PD 6071 35.06 178 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 831880 Oil Additive - PW 5077 21.26 179 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 832054 Serpentine Belt - Police 6089 18.79 180 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 832068 Belt Tensioner - Police 6089 72.14 181 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 832114 Brake Rotors & Brake Pads - PW 5043 571.69 182 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 832162 Rear Brake Backing Plates - PW 5043 140.10 183 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 832164 Rear Brake Kits - PW 5043 12.39 184 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 832166 2 Wheel Seals & Gear Oil - PW 5043 93.73 185 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 832197 Air Filter - PW 5043 14.45 186 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 832268 LED Lights - Fire 7801 92.52 187 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 832355 Brake Pads & Brake Rotors - PW 2034 111.99 188 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 832452 Black Paint - Fire 7801 58.05 189 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 832686 3 Belts & 3 Tensioners - Police Stock 272.79 190 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 832823 Air Filter - FD 7608 108.17 Page 10 of 24 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 08/15/2022 Account 191 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 832828 Belt & Tensioner 90.93 192 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 832850 2 Radiator Caps - Fire 7608 10.84 193 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 832855 Radiator Cap - Fire 7608 7.31 194 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 832905 Rear Brake Calipers & Core Deposits - PW 5900 330.14 195 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 832925 Oxygen Sensor - Police 6071 58.94 196 7040 Supplies - Vehicle R&M 8454 NAPA Auto Parts 832928 6 Cabin Filters - PW Stock 37.74 197 7040 Supplies - Vehicle R&M 8104 MacQueen Emergency Group P17402 Motor Blower & Resistor - Fire 7801 309.80 198 7040 Supplies - Vehicle R&M 8104 MacQueen Emergency Group P17471 Lights - FD 7607 447.25 199 7040 Supplies - Vehicle R&M 4328 Batteries Plus Bulbs (#490) P53025023 12 Batteries & 1 Core Returned - PW 5083, PW 5082 703.74 200 7320 Equipment < $5,000 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 99.99 12,542.28 114,574.55 201 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 179.64 179.64 202 5325 Training 1261 Northeast Multiregional Training 306682 40 Hour Rifle/Carbine Instructor (1 Ofc) 6/27-7/1/2022 500.00 203 5325 Training 3792 Illinois, University of UPI10905-A Balance Due Taser Certification 3/14/2022 (4 Ofc) 525.00 204 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 1,817.20 205 6195 Miscellaneous Contractual Services 1817 Aftermath Inc JC2022-9382 Bio-Hazard Clean Up 21 RD 22-17511 300.00 206 7300 Uniforms 1489 JG Uniforms Inc 101975 Uniforms for New Officer 120.00 3,262.20 207 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 970.65 208 7320 Equipment < $5,000 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 379.98 209 7500 Postage & Parcel 1041 Federal Express 7-817-93423 Delivery Service 07/05-07/07/2022 21.84 1,372.47 210 6000 Professional Services 8133 Elrod Friedman LLP 9012 6-22 Non-Retainer Litigation 1,099.25 211 6015 Communication Services 8484 PTS Communications Inc 2090417 3 Public Pay Phones Monthly Fee 8/1- 8/31//2022 228.00 Division: 630 - Support Services Division: 610 - Uniformed Patrol Total 610 - Uniformed Patrol Division: 620 - Criminal Investigation Total 620 - Criminal Investigation Police Department Division: 100 - Administration Total 100 - Administration Total 540 - Vehicle Maintenance Total 50 - Public Works & Engineering Page 11 of 24 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 08/15/2022 Account 212 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 429.10 213 6185 Animal Control 1266 Northwest Animal Hospital PC 00454550 Stray Animal Impoundment April 2022 (9) 700.75 214 6185 Animal Control 1266 Northwest Animal Hospital PC 00454551 Stray Animal Impoundment May 2022 (17) 2,398.85 215 6185 Animal Control 1266 Northwest Animal Hospital PC 00454552 Stray Animal Impoundment June 2022 (14) 797.40 216 6195 Miscellaneous Contractual Services 1818 Northwest VoltWagon 110620 Battery Booster Rental 3rd Quarter 2022 84.00 217 6195 Miscellaneous Contractual Services 8566 Andy Frain Services Inc 322759 2022 Crossing Guard Services 6/1- 6/30/2022 10,175.28 218 6195 Miscellaneous Contractual Services 1320 IL State Police Cost 01755-06/22 Fingerprint Background Check Services June 2022 28.25 219 7015 Supplies - Police Range 1288 Eagle Point Gun/TJ Morris & Son 141048 10,000 Rds of .223 Cal Ammunition 3,400.00 220 7200 Other Supplies 1580 Mighty Mites Awards Inc 17007 Retirement Plaques (2 Det, 1 Cmdr, 1 Sgt) 1,217.50 221 7300 Uniforms 5705 Artistic Engraving 19003 Retirement Badge, Wallet and Mount (1 Sgt) 304.86 20,863.24 25,677.55 222 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 274.74 223 6195 Miscellaneous Contractual Services 1077 Shred-It USA LLC 8001969372 On-Site Shredding Sta. 61 - 06/24/22 102.59 224 7300 Uniforms 3212 On Time Embroidery Inc 101488 Twill Cap, 2 S/S Polos, 2 Cotton Shirts - Division Chief 210.00 225 7300 Uniforms 3212 On Time Embroidery Inc 103171 7 T-Shirts, 2 L/S T-Shirts - Chief 109.00 696.33 226 5325 Training 1743 IL Fire Chiefs Association 4055 Leadership Workshop 11/07/22- 11/9/22 - FF/Paramedic 480.00 227 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 879.14 228 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 756.29 229 6035 Dispatch Services 5067 Regional Emergency Dispatch Center 164-22-08 R-141-13 Monthly Dispatch Service August 2022 66,642.00 230 6135 Rentals 5800 Turnout Rental LLC 31231 Gear Rental Kit 07/08/22-08/08/22 - New Hires 2,250.00 231 6305 R&M Equipment 2240 United Radio Communications 109030411-1 Repair Services and Labor Charge for Motorola Radios - 07/22/22 724.75 232 6305 R&M Equipment 5800 Turnout Rental LLC 26078 Gear Repair & Cleaning-3 Paramedics, 1 Lt., 1 D/C-06/24/22 1,865.16 233 6310 R&M Vehicles 8602 Legacy Fire Apparatus INV-17108 On-Going Vehicle Maintenance R-85- 22-Eng. 63- 7/14/22 961.72 Division: 710 - Emergency Services Fire Department Division: 100 - Administration Total 100 - Administration Total 630 - Support Services Total 60 - Police Department Page 12 of 24 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 08/15/2022 Account 234 6315 R&M Buildings & Structures 1660 Safety-Kleen Systems Inc 88674480CR Taking Credit for Double Payment on Cks 145961 & 145680 (180.41) 235 6315 R&M Buildings & Structures 1660 Safety-Kleen Systems Inc 89309330 Parts Washer Solvent - Station 61 - Service 07/11/22 183.05 236 7000 Office Supplies 1644 Warehouse Direct Inc 5280310-0 5 Packs Pop Up Notes 70.40 237 7025 Supplies - Custodial 1043 WW Grainger Inc 9388170756 5 Pk's Bowl Cleaner, 3 Pk's Toilet Paper, 6 Pk's Trash Bags, Etc. 515.69 238 7035 Supplies - Equipment R&M 3014 Motorola Solutions Inc 8281411844 2 Replacement Cables 245.70 239 7045 Supplies - Building R&M 1644 Warehouse Direct Inc 5282786-0 5 Bx's AA, 2 Bx's D, 3 Pk's 123 Batteries, 2 Dz. Dry Erase Mark 190.01 240 7300 Uniforms 3212 On Time Embroidery Inc 100330 Job Shirt, Tactical Polo - Paramedic 128.00 241 7300 Uniforms 3212 On Time Embroidery Inc 100358 S/S Polo - Engineer 48.00 242 7300 Uniforms 3212 On Time Embroidery Inc 100407 Academy Oxford, Class A Cap Badge - Paramedic 134.00 243 7300 Uniforms 3212 On Time Embroidery Inc 101207 5 S/S Polos - Lieutenant 255.00 244 7300 Uniforms 3212 On Time Embroidery Inc 101221 Performance Polo - Engineer 46.00 245 7300 Uniforms 3212 On Time Embroidery Inc 101633 3 S/S Polos - Paramedic 138.00 246 7300 Uniforms 3212 On Time Embroidery Inc 102277 2 BDU Shorts - Lieutenant 64.00 247 7300 Uniforms 3212 On Time Embroidery Inc 102478 Station Pants, 3 T-Shirts, Company Boot - Paramedic 250.00 248 7300 Uniforms 3212 On Time Embroidery Inc 102482 Side Zip Boot - Paramedic 119.00 249 7300 Uniforms 3212 On Time Embroidery Inc 102484 Company Boot - Paramedic 139.00 250 7300 Uniforms 3212 On Time Embroidery Inc 102495 Soft Toe Boot - Paramedic 129.00 251 7300 Uniforms 3212 On Time Embroidery Inc 102501 Company Boot - Paramedic 139.00 252 7300 Uniforms 3212 On Time Embroidery Inc 102502 Soft Toe Boot - Paramedic 129.00 253 7300 Uniforms 3212 On Time Embroidery Inc 102503 Company Boot - Paramedic 139.00 254 7300 Uniforms 3212 On Time Embroidery Inc 102517 30 T- Shirts - Quartermaster Stock 360.00 255 7300 Uniforms 3212 On Time Embroidery Inc 102803 5 T- Shirts - Lieutenant 65.00 256 7300 Uniforms 3212 On Time Embroidery Inc 102994 2 Company Station Pants - Paramedic 106.00 257 7300 Uniforms 3212 On Time Embroidery Inc 102995 Twill Cap, 4 T-Shirts, 2 Station Pants, 3 Shorts - Paramedic 289.00 258 7300 Uniforms 3212 On Time Embroidery Inc 102996 3 BDU Shorts - Lieutenant 96.00 259 7300 Uniforms 3212 On Time Embroidery Inc 102997 2 BDU Shorts - Lieutenant 64.00 260 7300 Uniforms 3212 On Time Embroidery Inc 103172 Pocketed Shorts - Engineer 21.00 261 7300 Uniforms 3212 On Time Embroidery Inc 103173 86 T- Shirts - Quartermaster Stock 986.00 Page 13 of 24 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 08/15/2022 Account 262 7300 Uniforms 3212 On Time Embroidery Inc 103174 Fleece Lined Knit Cap - Paramedic 22.00 263 7300 Uniforms 3212 On Time Embroidery Inc 103175 Twill Cap, Job Shirt, 2 T-Shirts - Paramedic 122.00 264 7300 Uniforms 3212 On Time Embroidery Inc 103176 3 S/S Polos, 3 T-Shirts, Athletic Oxford, Belt - Lieutenant 323.00 265 7300 Uniforms 3212 On Time Embroidery Inc 103177 2 Nameplates, Class A Cap, Raincoat, Dress Coat, Etc.-Paramedic 613.00 266 7300 Uniforms 3212 On Time Embroidery Inc 103298 Performance Polo - Lieutenant 51.00 267 7300 Uniforms 3212 On Time Embroidery Inc 94327 Company Boot - Paramedic 129.00 268 7300 Uniforms 3212 On Time Embroidery Inc 98950 Round Top Cap - Battalion Chief 134.00 269 7320 Equipment < $5,000 1148 WS Darley & Co 17470251 20 White/Black Hoods 861.96 81,683.46 270 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 135.39 135.39 271 6015 Communication Services 1936 DTN LLC 6159968 2022 Weather Billing for EMA 08/08/22-09/07/22 401.00 272 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 42.41 443.41 82,958.59 273 5340 Pre-Employment Testing 1320 IL State Police Cost 01755-05/22 Fingerprint Background Check Services for May 2022 84.75 274 6010 Legal Fees - Labor & Employment 8133 Elrod Friedman LLP 9015 6-22 Non-Retainer Matters 182.50 267.25 330,904.64 275 6000 Professional Services 8133 Elrod Friedman LLP 9001 6-22 Non-Retainer Matters 299.00 299.00 276 6165 Street Pavement Markings 1217 Superior Road Striping 796622 2022 Pavement Markings & Reflector Repairs - 07/13/2022, R-89-22 62,837.42 277 7140 Electricity 1033 ComEd 0193753007- 07/22 Electricity Service 06/09-07/11/2022 81.56 278 7140 Electricity 1033 ComEd 0237106099- 07/22 Electricity Service 06/06-07/06/2022 264.82 279 7140 Electricity 1033 ComEd 0392121005- 07/22 Electricity Service 06/06-07/06/2022 103.96 Fund: 208 - TIF #8 Oakton Total 208 - TIF #8 Oakton Fund: 230 - Motor Fuel Tax Fund Department: 75 - Fire & Police Commission Total 75 - Fire & Police Commission Total 100 - General Fund Division: 730 - Emergency Management Agency Total 730 - Emergency Management Agency Total 70 - Fire Department Total 710 - Emergency Services Division: 720 - Fire Prevention Total 720 - Fire Prevention Page 14 of 24 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 08/15/2022 Account 280 7140 Electricity 1033 ComEd 0445091056- 07/22 Electricity Service 06/06-07/06/2022 241.10 281 7140 Electricity 1033 ComEd 0725000037- 07/22 Electricity Service 06/07-07/07/2022 24.71 282 7140 Electricity 1033 ComEd 1273119011- 07/22 Electricity Service 06/07-07/07/2022 1,576.49 283 7140 Electricity 1033 ComEd 1521117181- 07/22 Electricity Service 06/06-07/06/2022 287.00 284 7140 Electricity 1033 ComEd 2493112068- 07/22 Electricity Service 06/06-07/06/2022 37.21 285 7140 Electricity 1033 ComEd 2607132134- 07/22 Electricity Service 06/03-07/06/2022 201.84 286 7140 Electricity 1033 ComEd 2644104014- 07/22 Electricity Service 06/03-07/05/2022 152.23 287 7140 Electricity 1033 ComEd 2901166089- 07/22 Electricity Service 06/06-07/06/2022 623.59 288 7140 Electricity 1033 ComEd 2943015087- 07/22 Electricity Service 06/21-07/21/2022 15,008.24 289 7140 Electricity 1033 ComEd 3471079047- 07/22 Electricity Service 06/06-07/06/2022 26.72 290 7140 Electricity 1033 ComEd 6045062008- 07/22 Electricity Service 06/06-07-06/2022 66.06 291 8100 Improvements 1328 John Neri Construction Company Inc 2022-CIP-MFT-P2 2022 CIP MFT Street & Util Imp 06/28-07/25/2022 R-92-22 146,097.45 227,630.40 292 6560 Subsidy - Shared Housing & Homeless Prevention 1169 Center of Concern 0707DP3Q Homeless Prevention & Housing Counseling B-21 04/01-06/30/2022 2,472.25 293 6563 Subsidy - Senior Housing and Supportive Services 1169 Center of Concern 0070722S Senior Housing & Support Services B- 21 04/01-06/30/2022 3,368.25 294 6604 CDBG Care Act Program 1169 Center of Concern 0718SB15 CDBG Care Act Program for Bohemian LLC 01/21-07/16/2022 15,790.00 295 6604 CDBG Care Act Program 1169 Center of Concern 0718SB19 CDBG Care Act Program for NHT 01/21-07/16/2022 16,135.00 296 6604 CDBG Care Act Program 1169 Center of Concern 0718SB20 CDBG Care Act Program for Asadas DMG LLC 01/21-07/16/2022 16,725.00 297 6604 CDBG Care Act Program 1169 Center of Concern 0718SB21 CDBG Care Act Program for Lar Two, Inc. 01/21-07/16/2022 15,113.50 69,604.00 298 6005 Legal Fees 8133 Elrod Friedman LLP 8992 6-22 Non-Retainer IEMA & FEMA Review Phase 5 1,794.00 299 6005 Legal Fees 8133 Elrod Friedman LLP 8993 6-22 Non-Retainer IEMA & FEMA Review Phase 4 212.59 2,006.59 2,006.59 Fund: 250 - Grant Projects Fund Program: 2520 - Capital Grants Total 2520 - Capital Grants Total 250 - Grant Projects Fund Total 230 - Motor Fuel Tax Fund Fund: 240 - CDBG Fund Total 240 - CDBG Fund Page 15 of 24 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 08/15/2022 Account 300 8015 Equipment 1026 CDW LLC BR23062 44 Contactless Smartcards for Squad Computers 3,005.51 3,005.51 301 7300 Uniforms 1489 JG Uniforms Inc 101877 Uniforms- Ballistic Vest Cover- Officer 177.00 177.00 302 5325 Training 8252 American Working Dogs Inc 6951 K-9 Jager Re-Certification (Patrol, & Narcotics) 8/21-8/26/2022 450.00 450.00 3,632.51 303 6000 Professional Services 1079 AECOM Technical Services Inc 2000645487 R-126-21 Professional Engr Svcs Task Order #5 - 3/5-6/24/22 3,140.51 304 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 83.42 305 8100 Improvements 1328 John Neri Construction Company Inc 2022-CIP-LOPS-P1 R-79-22 Lake Opeka Pump Station 5/9-7/14/22 57,352.50 60,576.43 306 6000 Professional Services 7661 FGM Architects Inc 20-2890.01-7 Police Station Addition Design 5/28/22-7/1/22; R-65-20 180,950.00 307 6000 Professional Services 7661 FGM Architects Inc 22-3414.01-3 CH and PD Entry Design 5/28/22- 7/1/22; R-198-21 7,471.25 308 6000 Professional Services 7661 FGM Architects Inc 22-3491.01-2 Task Order #12-CH 4th Floor 5/28/22- 7/1/22;R-116-19 4,875.00 309 6000 Professional Services 2436 Haeger Engineering LLC 89485 CH & PD Link Topographic Survey 4/27/22-6/30/22 7,042.50 200,338.75 310 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 847.29 311 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 70.82 312 6115 Licensing/Titles 1710 Cumberland Servicenter Inc 54244 30 Safety Lane Coupons 138.00 313 6115 Licensing/Titles 4120 Henry, Carl Reimb 01/26/2022 CDL License - Water Operator - 01/26/2022 - Exp 11/12/2025 30.00 314 6195 Miscellaneous Contractual Services 1467 HBK Water Meter Service Inc 220408 Meter Testing - 7/18/2022 1,484.00 315 6195 Miscellaneous Contractual Services 1467 HBK Water Meter Service Inc 220409 Meter Testing - 7/18-7/19/2022 1,484.00 Non Departmental Division: 550 - Water Systems Fund: 430 - Facilities Replacement Fund Total 430 - Facilities Replacement Fund Fund: 500 - Water/Sewer Fund Total 260 - Asset Seizure Fund Fund: 400 - Capital Projects Fund Total 400 - Capital Projects Fund Program: 2620 - DEA Total 2620 - DEA Program: 2640 - Forfeit Total 2640 - Forfeit Fund: 260 - Asset Seizure Fund Program: 2610 - Customs Total 2610 - Customs Page 16 of 24 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 08/15/2022 Account 316 6195 Miscellaneous Contractual Services 1467 HBK Water Meter Service Inc 220410 Meter Testing - 7/19/2022 270.04 317 6195 Miscellaneous Contractual Services 4583 Argon Electric Company, Inc 9573 Cell Antenna Installs at Lift Stations 5/7/22-6/4/22 14,514.00 318 7020 Supplies - Safety 2513 Lee Jensen Sales Co 0016957-00 2 Nylon Slings for Shoring Boxes 405.00 319 7030 Supplies - Tools & Hardware 8244 Des Plaines Ace Hardware 2366 Chain & Eye Bolt 15.28 320 7035 Supplies - Equipment R&M 1484 Thompson Rental Station Inc 599303-3 Propane Refill - PW 9040 34.20 321 7035 Supplies - Equipment R&M 1484 Thompson Rental Station Inc 599353-3 9 Propane Refills - PW 9040 293.85 322 7035 Supplies - Equipment R&M 8454 NAPA Auto Parts 831900 Battery Core Return - PW 9044 (288.00) 323 7035 Supplies - Equipment R&M 8454 NAPA Auto Parts 832056 2 Hydraulic Fittings - PW 9037 24.63 324 7035 Supplies - Equipment R&M 8454 NAPA Auto Parts 832057 Hydraulic Fittings, Radiator Caps, Lights - PW Stock 98.24 325 7035 Supplies - Equipment R&M 8454 NAPA Auto Parts 832811 Trailer Jack - PW 9T01 88.09 326 7035 Supplies - Equipment R&M 8454 NAPA Auto Parts 832881 V-Belt - Water 9018 58.57 327 7035 Supplies - Equipment R&M 7958 Vermeer-Illinois Inc PJ0972 2 Fuel Filters & 2 Barrel Filters - PW 9060 910.56 328 7035 Supplies - Equipment R&M 8632 Imaging Essentials Inc SINV101211 6 Ink Cartridges & Print Head - PW Plotter 464.05 329 7035 Supplies - Equipment R&M 1154 West Side Tractor Sales W02348 Coolant Tank - Water 9018 217.20 330 7050 Supplies - Streetscape 1347 Lurvey Landscape Supply T1-10447244 2.0 Cu Yds Top Soil - 07/14/2022 64.00 331 7070 Supplies - Water System Maintenance 2053 USA Bluebook 039124 Pressure Transducers for PMPs 1,460.41 332 7070 Supplies - Water System Maintenance 1047 Home Depot Credit Svcs 2072331 Pressure Gauge & Pipe 20.57 333 7070 Supplies - Water System Maintenance 1702 Diamond Paint & Home Center LLC 220000011393 8 Paint Brushes - Hydrant Ports 27.12 334 7070 Supplies - Water System Maintenance 1709 Ziebell Water Service Products Inc 258499-000 Couplings & Bolts - Hydrant Installation 134.28 335 7070 Supplies - Water System Maintenance 1709 Ziebell Water Service Products Inc 258591-000 Repair Sleeves 850.00 336 7070 Supplies - Water System Maintenance 1709 Ziebell Water Service Products Inc 258592-000 Repair Clamps & Sleeves 1,101.94 337 7070 Supplies - Water System Maintenance 6992 Core & Main LP R172144 B-Boxes 804.00 338 7070 Supplies - Water System Maintenance 6992 Core & Main LP R207001 2 Repair Clamps 370.00 339 7070 Supplies - Water System Maintenance 6992 Core & Main LP R223090 Two 2" Water Meters 2,290.00 340 7140 Electricity 1033 ComEd 0718079040- 07/22 Electricity Service 06/06-07/06/2022 68.63 341 7140 Electricity 1033 ComEd 1602149012- 07/22 Electricity Service 06/03-07/06/2022 92.61 342 7140 Electricity 1033 ComEd 2382141015- 07/22 Electricity Service 06/06-07/06/2022 32.90 343 7140 Electricity 1033 ComEd 2902009038- 07/22 Electricity Service 06/02-07/01/2022 137.82 Page 17 of 24 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 08/15/2022 Account 344 7140 Electricity 1033 ComEd 3526170000- 07/22 Electricity Service 06/02-07/01/2022 50.67 345 7140 Electricity 1033 ComEd 4436122006- 07/22 Electricity Service 06/14-07/14/2022 7,245.65 346 7140 Electricity 1033 ComEd 5646761001- 07/22 Electricity Service 06/02-07/01/2022 23.60 347 7140 Electricity 1033 ComEd 6152054027- 07/22 Electricity Service 06/03-07/05/2022 6,302.22 348 7320 Equipment < $5,000 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 509.99 349 8015 Equipment 1026 CDW LLC BH92429 QNAP Server 8,054.26 350 8015 Equipment 1026 CDW LLC BJ92134 QNAP Hard Drives 5,837.40 56,637.89 351 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 72.02 352 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 468.11 353 6115 Licensing/Titles 1710 Cumberland Servicenter Inc 54244 30 Safety Lane Coupons 103.50 354 6195 Miscellaneous Contractual Services 7922 US Geological Survey 90995624 R-115-19 Algonquin Rd River Gauge Maint 07/15/2022-07/14/2023 14,400.00 355 6195 Miscellaneous Contractual Services 3084 Visu-Sewer of Illinois LLC 9461-2 Additional Grouting to Finish Manhole Rehab 06/30/2022 610.00 356 6195 Miscellaneous Contractual Services 2808 IL Environmental Protection Agency ILM580026(A)202 2 Annual Combine Sewer Overflow Permit 07/01/2022-06/30/2023 5,000.00 357 6305 R&M Equipment 7649 Altorfer Industries Inc PM6A0010135 Engine Repair, R&R Prelube Pump/Motor - PW 8000 - 07/14/2022 5,629.05 358 6505 Subsidy - Sewer Lateral Program 8678 Semsak, Rosemary Nudo SLP22-014 Sewer Lateral Rebate 07/26/2022 3,510.00 359 7040 Supplies - Vehicle R&M 1057 Menard Incorporated 2275 Cleaning Tools & Supplies 148.69 360 7075 Supplies - Sewer System Maintenance 1255 Neenah Foundry Company 459659 6 Manhole Frames 1,362.02 361 7075 Supplies - Sewer System Maintenance 1255 Neenah Foundry Company 459763 3 Storm Sewer Lids 816.67 362 7075 Supplies - Sewer System Maintenance 4093 White Cap LP 50019088749 2 Wood Stake Bundles 77.58 363 7075 Supplies - Sewer System Maintenance 1072 Prairie Material 890575642 1.0 Cu Yds Concrete - 1797 Winthrop - 07/06/2022 125.25 364 7075 Supplies - Sewer System Maintenance 1072 Prairie Material 890575645 2.0 Cu Yds Concrete - 1367 E. Oakton - 07/06/2022 250.50 365 7075 Supplies - Sewer System Maintenance 1072 Prairie Material 890598126 Poured Concrete for 1808 Maple - 7/20/2022 156.56 366 7140 Electricity 1033 ComEd 0096017042- 07/22 Electricity Service 06/06-07/06/2022 537.97 367 7140 Electricity 1033 ComEd 0575134020- 07/22 Electricity Service 06/02-07/01/2022 90.81 368 7140 Electricity 1033 ComEd 0640144010- 07/22 Electricity Service 06/06-07/06/2022 67.31 Total 550 - Water Systems Division: 560 - Sewer Systems Page 18 of 24 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 08/15/2022 Account 369 7140 Electricity 1033 ComEd 0762050019- 07/22 Electricity Service 06/07-07/07/2022 21.80 370 7140 Electricity 1033 ComEd 2038128006- 07/22 Electricity Service 06/02-07/01/2022 49.15 371 7140 Electricity 1033 ComEd 2148094073- 07/22 Electricity Service 06/07-07/07/2022 107.63 372 7140 Electricity 1033 ComEd 3240002012- 07/22 Electricity Service 06/24-07/26/2022 504.65 373 7140 Electricity 1033 ComEd 3526009006- 07/22 Electricity Service 06/06-07/06/2022 84.90 374 7140 Electricity 1033 ComEd 3657136067- 07/22 Electricity Service 06/06-07/06/2022 78.00 375 7140 Electricity 1033 ComEd 4995025051- 07/22 Electricity Service 06/03-07/05/2022 27.21 376 7140 Electricity 1033 ComEd 5060090016- 07/22 Electricity Service 06/08-07/07/2022 134.19 377 7140 Electricity 1033 ComEd 5814097012- 07/22 Electricity Service 06/06-07/06/2022 27.10 378 7140 Electricity 1033 ComEd 6331089024- 07/22 Electricity Service 06/02-07/01/2022 179.52 379 7320 Equipment < $5,000 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 199.98 380 7320 Equipment < $5,000 1520 Russo Power Equipment SPI11163302 Weed Trimmer & 5 Lb Spool Wire - Sewer Department 333.99 35,174.16 381 6000 Professional Services 2506 Trotter & Associates Inc 20217 TO#13 Maple St Fill Imp Construction Services - 06/13-06/30/2022 901.14 382 6000 Professional Services 2506 Trotter & Associates Inc 20218 TO#14 Water Sys Model Maint & Misc Serv-06/01-6/30/2022, R-16-20 239.00 383 6000 Professional Services 2506 Trotter & Associates Inc 20219 TO#19 Water Sys Separation Services - 06/01-06/30/2022, R-48-22 2,690.50 384 6000 Professional Services 2506 Trotter & Associates Inc 20220 TO#20 - NWC Emergency Supply - 06/01-06/30/2022, R-16-20 478.00 385 8100 Improvements 1328 John Neri Construction Company Inc 2022-CIP-MFT-P2 2022 CIP MFT Street & Util Imp 06/28-07/25/2022 R-92-22 216,745.74 221,054.38 312,866.43 386 6015 Communication Services 1552 Verizon Wireless 9911084535 Communication Services 06/14- 07/13/2022 66.12 387 6025 Administrative Services 7615 Sebis Direct Inc 39066 Utility Bill Rendering Services - Drop Date 07/18/2022 1,153.00 1,219.12 314,085.55Total 500 - Water/Sewer Fund Total 00 - Non Departmental Department: 30 - Finance Total 30 - Finance Total 560 - Sewer Systems Division: 580 - CIP - Water/Sewer Total 580 - CIP - Water/Sewer Page 19 of 24 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 08/15/2022 Account 388 6025 Administrative Services 7960 Passport Labs Inc INV-1031711 Mobile Pay Parking Transaction Fees June 2022 11.47 389 6320 R&M Parking Lots 4583 Argon Electric Company, Inc 9591 Configure Library Deck Antennas 6/13/22 to 6/14/22 2,128.00 390 6320 R&M Parking Lots 4583 Argon Electric Company, Inc 9593 Install Cat6 Line Metro Deck Roof to 1st Floor- 5/18/22 1,388.00 391 6320 R&M Parking Lots 4583 Argon Electric Company, Inc 9595 Configure Antennas at Metro Garage - 6/2/22 1,344.00 392 7060 Supplies - Parking Lots 1057 Menard Incorporated 118 Gang Covers, Gang Boxes, Gang Rings - Metro Deck 59.61 393 7060 Supplies - Parking Lots 1057 Menard Incorporated 664 8 Hose Clamps & 2 Couplings - Library Deck 32.74 394 7140 Electricity 1033 ComEd 0354464001- 07/22 Electricity Service 06/06-07/06/2022 1,589.06 395 7140 Electricity 1033 ComEd 2239082030- 07/22 Electricity Service 06/06-07/06/2022 998.21 396 7140 Electricity 1033 ComEd 4722388001- 07/22 Electricity Service 06/06-07/06/2022 18.96 397 7140 Electricity 1033 ComEd 4791127023- 07/22 Electricity Service 06/06-07/06/2022 1,274.26 398 7140 Electricity 1033 ComEd 5310303000- 07/22 Electricity Service 06/06-07/06/2022 189.91 9,034.22 399 6025 Administrative Services 7960 Passport Labs Inc INV-1031711 Mobile Pay Parking Transaction Fees June 2022 270.47 400 7140 Electricity 1033 ComEd 5222730006- 07/22 Electricity Service 06/02-07/01/2022 80.93 351.40 401 5345 Post-Employment Testing 8444 Health & Law Resource Inc hlr6844 1 Forensic Record and Psychiatric Interview 6/28-7/7/2022 7,000.00 402 6005 Legal Fees 8133 Elrod Friedman LLP 9007 6-22 Non-Retainer PSEBA Proceedings 171.50 7,171.50 403 2221 Taste of Des Plaines 6095 Drivers Golf Car Rental 1016 Golf Cart Rental for Taste of Des Plaines 06/16-06/18/2022 1,320.00 404 2221 Taste of Des Plaines 1041 Federal Express 7-810-62702 Shipping Back ATM Key from Taste of Des Plaines 06/29/2022 8.37 405 2226 Special Events - July 4th 6095 Drivers Golf Car Rental 1021 Golf Cart Rental for July 4 Parade 07/03-07/05/2022 480.00 406 2226 Special Events - July 4th 1041 Federal Express 7-824-68253 Shipping Costumes from July 4 Parade 07/08/2022 19.09 407 2430 Escrow - Police Items 1320 IL State Police Cost 01755-06/22 Fingerprint Background Check Services June 2022 169.50 408 2493 Escrow - CED Development 8133 Elrod Friedman LLP 8997 6-22 Reimb Redevelopment 2,000.00 409 2493 Escrow - CED Development 8133 Elrod Friedman LLP 8998 6-22 Reimb Redevelopment 7,165.00 Fund: 700 - Escrow Fund Fund: 520 - Metra Leased Parking Fund Total 520 - Metra Leased Parking Fund Fund: 600 - Risk Management Fund Total 600 - Risk Management Fund Fund: 510 - City Owned Parking Fund Total 510 - City Owned Parking Fund Page 20 of 24 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 08/15/2022 Account 410 2493 Escrow - CED Development 8133 Elrod Friedman LLP 9000 6-22 Reimb Redevelopment 1,254.00 411 2493 Escrow - CED Development 8133 Elrod Friedman LLP 9013A 6-22 Reimb Redevelopment 51.05 412 2493 Escrow - CED Development 8133 Elrod Friedman LLP 9013A 6-22 Reimb Redevelopment 51.05 413 2493 Escrow - CED Development 8133 Elrod Friedman LLP 9014 6-22 Reimb Redevelopment 484.50 414 2493 Escrow - CED Development 8133 Elrod Friedman LLP 9014 6-22 Reimb Redevelopment 228.00 415 2493 Escrow - CED Development 8133 Elrod Friedman LLP 9014 6-22 Reimb Redevelopment 242.25 416 2493 Escrow - CED Development 8133 Elrod Friedman LLP 9014 6-22 Reimb Redevelopment 456.00 417 2493 Escrow - CED Development 8677 Heldak, Zenon Refund 07/18/22 Refund for 614 Birchwood 07/26/2022 1,347.90 15,276.71 1,240,911.69 Total 700 - Escrow Fund Grand Total Page 21 of 24 Line #Vendor Invoice Invoice Description Amount 418 6015 Communication Services 1010 AT&T Mobility 28702533395907 22 Communication Services 06/04-07/03/2022 132.45 132.45 132.45 419 6015 Communication Services 1032 Comcast 07/18/22 x6724 Internet/Cable Services Aug 2022 105.10 105.10 420 6015 Communication Services 1032 Comcast 07/06/22 x7069 Internet/Cable Services 07/10- 08/09/2022 79.95 79.95 185.05 421 6015 Communication Services 1032 Comcast 07/22/22 x6716 Internet/Cable Service Aug 2022 63.06 63.06 63.06 422 6015 Communication Services 1032 Comcast 07/20/22 x6732 Internet/Cable Service Aug 2022 63.06 423 6015 Communication Services 1032 Comcast 151087626-8482 Internet/Cable Service 07/15- 08/14/2022 1,575.00 424 6015 Communication Services 8622 RCN Telecom Services LLC 41208850100156 87 Internet/Cable Service 07/21- 08/20/2022 (254.46) 425 6015 Communication Services 8622 RCN Telecom Services LLC 41208850100156 87 Internet/Cable Service 07/21- 08/20/2022 661.37 426 6015 Communication Services 8622 RCN Telecom Services LLC 41208850100156 87 Internet/Cable Service 07/21- 08/20/2022 576.42 427 6015 Communication Services 8622 RCN Telecom Services LLC 41208850100156 87 Internet/Cable Service 07/21- 08/20/2022 98.00 428 6015 Communication Services 8622 RCN Telecom Services LLC 41208850100156 87 Internet/Cable Service 07/21- 08/20/2022 370.00 429 6015 Communication Services 8622 RCN Telecom Services LLC 41208850100156 87 Internet/Cable Service 07/21- 08/20/2022 370.00 Department: 90 - Overhead Division: 730 - Emergency Management Agency Total 730 - Emergency Management Agency Total 70 - Fire Department Fire Department City Administration Division: 230 - Information Technology Total 230 - Information Technology Total 20 - City Administration Police Department Division: 610 - Uniformed Patrol Total 610 - Uniformed Patrol Division: 630 - Support Services Total 630 - Support Services Total 60 - Police Department City of Des Plaines Warrant Register 08/15/2022 Account Fund: 100 - General Fund Manual Payments Page 22 of 24 Line #Vendor Invoice Invoice Description Amount City of Des Plaines Warrant Register 08/15/2022 Account Manual Payments 430 6015 Communication Services 8622 RCN Telecom Services LLC 41208850100156 87 Internet/Cable Service 07/21- 08/20/2022 591.00 431 6015 Communication Services 8622 RCN Telecom Services LLC 41208850100156 87 Internet/Cable Service 07/21- 08/20/2022 795.00 432 6015 Communication Services 8622 RCN Telecom Services LLC 41208850100156 87 Internet/Cable Service 07/21- 08/20/2022 500.00 5,345.39 5,725.95 433 6015 Communication Services 8622 RCN Telecom Services LLC 41208850100156 87 Internet/Cable Service 07/21- 08/20/2022 504.00 434 6015 Communication Services 8622 RCN Telecom Services LLC 41208850100156 87 Internet/Cable Service 07/21- 08/20/2022 320.00 824.00 6,549.95 435 5570 Self Insured P&L Expense 8680 Peters, Deborah Reimb 07/28/22 Reimb to Rod & Hydrojet Sewer Lateral @ 500 S Mt. Prospect Road 1,444.00 1,444.00 436 2221 Taste of Des Plaines 8675 Oneal Barsin Inc 2022 Taste of DP Food Vendor Payout for 2022 Taste of Des Plaines 1,243.20 1,243.20 9,237.15Grand Total Total 700 - Escrow Fund Fund: 600 - Risk Management Fund Total 600 - Risk Management Fund Fund: 700 - Escrow Fund Fund: 500 - Water/Sewer Fund Division: 550 - Water Systems Total 550 - Water Systems Total 500 - Water/Sewer Fund Total 90 - Overhead Total 100 - General Fund Page 23 of 24 Amount Transfer Date Automated Accounts Payable 1,240,911.69$ **8/15/2022 Manual Checks 9,237.15$ **7/29/2022 Payroll 1,399,764.93$ 7/29/2022 -$ Electronic Transfer Activity: JPMorgan Chase Credit Card -$ Chicago Water Bill ACH -$ Postage Meter Direct Debits 10,000.00$ 7/27/2022 Postage - Pitney Bowes Annual -$ Utility Billing Refunds 1,733.12$ 7/22/2022 Debt Interest Payment -$ IMRF Payments -$ Employee Medical Trust -$ Total Cash Disbursements:2,661,646.89$ * Multiple transfers processed on and/or before date shown ** See attached report Adopted by the City Council of Des Plaines This Fifteenth Day of August 2022 Ayes ______ Nays _______ Absent _______ Jessica M. Mastalski, City Clerk Andrew Goczkowski, Mayor City of Des Plaines Warrant Register 08/15/2022 Summary RHS Payout Page 24 of 24 COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: August 4, 2022 To: Michael G. Bartholomew, City Manager From: John T. Carlisle, AICP, Director of Community and Economic Development Emily Shaw, MPA, Management Analyst Subject: Class 6b – 580 S Wolf Rd LLC at 580 S Wolf Rd. (4th Ward) Issue: Applicant 580 S Wolf Rd LLC (Manager: Jan Leja, also of Highlander Transportation) is the contract purchaser of 580 S. Wolf Road. The applicant is requesting a resolution supporting a Cook County Class 6b Property Tax Incentive (6b), which is designed to encourage industrial investment by reducing the assessment level of eligible properties for 12 years. Qualified industrial properties are assessed at 10% of market value for the first 10 years, 15% in the 11th year and 20% in the 12th year. Normally such properties are assessed at 25% of market value. This application is based on the New Construction eligibility criterion. Analysis: The subject property consists of an 8.5-acre vacant site. The land is currently zoned M-2 General Manufacturing District and allows for a number of industrial uses. If approved the applicant intends to purchase the property and construct an approximately 63,000-square-foot distribution facility to become the new home of Highlander Transportation, currently based in Elk Grove Village. Distribution facilities are a permitted use in the M-2 Zoning District. The applicant projects the property value after full construction at approximately $16 million. This value far exceeds the minimum $10-per-building-square-foot of investment typically required for City support to 6b applications (approximately $252 per square foot). The proposed facility will face South Wolf Road and include 94 parking spaces, 66 trailer parking spaces, 27 exterior dock doors, fueling stations, and truck scales. The applicant expects to move 70 of its 100 current full-time employees to this site. The applicant anticipates that if the company grows at its expected rate, it will grow to have approximately 100-140 employees at the site in the next 2-5 years. The job number exceeds the City’s minimum expectation for number of employees (50) to be generated by a new construction project after two years. The attached application contains a sheet called “12-Year Tax Estimates,” which highlights scenarios based on current market values and Tax Year 2020 Rates. The applicant contends the investment in the property will not be feasible without approval of a 6b (Scenario No. 3) and projects that Scenario No. 2 will result in an additional approximately $4.7 million in property tax revenue over the 12-year life of the incentive. MEMORANDUM Page 1 of 65 NEW BUSINESS #2A. Tax Impact Scenarios (First 10 Years): 1.Estimated annual taxes as is (no improvements, no 6b): $146,661 2.Estimated annual taxes with proposed improvements with a 6b: $483,510 3.Estimated annual taxes with proposed improvements without a 6b: $1,208,775 City Council Action: The Council may choose to approve Resolution R-140-22, supporting and consenting to a Class 6b Application at 580 S Wolf Rd for 580 S Wolf Rd LLC. Attachments: Attachment 1: Support to Class 6b Property Tax Incentive Application Resolution R-140-22 Exhibit A: Legal Description Page 2 of 65 One North LaSalle Street – Suite 1920 – Chicago – Illinois – 60602 Ph 312.782.8310 – Fx 312.782.8635 June 15, 2022 John Carlisle City of Des Plaines, CED Director 1420 Miner St. Des Plaines, Illinois 60016-4498 jcarlisle@desplaines.org RE: Class 6b Incentive Resolution Request 580 S Wolf Rd LLC, or an entity to be named 580 S. Wolf Rd., Des Plaines, Illinois 60016 PIN: 09-18-400-006-0000 Dear John: 580 S Wolf Rd LLC, or an entity to be named, (“Applicant”) is requesting a Resolution supporting and consenting to a Class 6b Incentive on the above-referenced property based on new construction. The Applicant plans to purchase the subject property, demolish the existing structures thereon and construct an approximately 60,000 square foot building for its related entity, Highlander Transportation, Inc., to occupy the entire site for its use consisting of the warehousing and distribution in connection with freight forwarding. The subject property currently contains a number of buildings, garages and a few smaller structures as well as one concrete plant located on a roughly 370,260 square foot site. These existing structures have been underutilized, vacant and in poor condition for years. As a result, the Applicant plans to demolish all of the existing structures on the subject property and construct an approximately 60,000 square foot industrial building. The Applicant plans to invest approximately $16,000,000 to demolish the existing buildings, construct the new building and rehabilitate the site, which will create approximately 75 to 100 construction jobs. However, please note that the costs of the construction and rehabilitation could significantly vary as they are preliminary and additional reviews of the property as well as additional discussions with contractors must be completed to determine both. Currently, Highlander Transportation, Inc. leases approximately 30,000 square feet in Elk Grove Village as well as a few parking areas for its trucks. Highlander Transportation, Inc.’s business is growing and needs to expand its operation as soon as possible. Therefore, Highlander Transportation, Inc. plans to move its Elk Grove Village operations to the subject property to serve as its headquarters and bring 70 of its 100 current employees (all full-time) to the same. Highlander Transportation, Inc. believes that if it grows as anticipated that it will have approximately 100 to 140 employees at the site in the next 2 to 5 years. Additionally, Highlander Transportation, Inc. will look to hire all qualified City of Des Plaines residents for future hires. We note that Highlander Transportation, Inc. already has a number of City of Des Plaines residents as employees. Also please note that Highlander Transportation, Inc. offers employee health care, paid vacation and sick days. Attachment 1 Page 3 of 65 John Carlisle June 15, 2022 Page Two The City of Des Plaines can also expect that Highlander Transportation, Inc. and its employees will invest commercially back into the community by visiting local establishments such as restaurants, gas stations, grocery stores and more. In addition, the City of Des Plaines can expect that Highlander Transportation, Inc. will attract business and various customers to the City in the course of its operations. Highlander Transportation, Inc. currently supports its local community and looks forward to working with the City of Des Plaines to find ways it can continue to do so in the City. We have attached a breakdown showing what the taxes would be with a Class 6b Incentive as well as the comparably lower taxes on this property if it remains vacant and without any improvements. By looking at this breakdown, one can see that the overall taxes for this property with a Class 6b Incentive along with the investment to be put in will provide greater real estate taxes for this property than it would if it remained vacant. Additionally, because of the comparatively high taxes in Cook County it is likely the property will continue to remain vacant for a long time if the Applicant is unable to obtain a Class 6b Incentive. Without a Class 6b Incentive, the Applicant will not purchase the subject property, complete the new construction and rehabilitation and Highlander Transportation, Inc. will not expand its operations into the same. In addition, the Applicant will then look for another location where the property taxes are lower either outside of Cook County or in Cook County where it can secure a Class 6b Incentive. As a result, the subject property would most likely continue to sit vacant and on vacancy relief with the Cook County Assessor’s Office. As the above indicates, there are various benefits the City of Des Plaines will receive should the Applicant be granted the Class 6b Incentive. The Applicant is excited to move forward with the purchase, construction, rehabilitation and occupation of the subject property. Additionally, Highlander Transportation, Inc. is excited to expand its operations at the subject property in the City of Des Plaines and be a strong community member for many years to come. However, the above is all contingent on the Applicant receiving a Class 6b Incentive. In support of the above request for a Resolution in support of the Class 6b Incentive on the subject property, we have enclosed a City of Des Plaines Application and attachments. Therefore, please review the attached and place the Applicant on the agenda for the July 5, 2022 City of Des Plaines Council meeting, where it will present its request for the City to pass a Resolution supporting and consenting to a Class 6b Incentive on the subject property. Should you have any questions or concerns, or require additional information, please do not hesitate to contact me at (312) 782-8310. Very truly yours, SARNOFF & BACCASH Zachary A. Kafitz Attachment 1 Page 4 of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ttachment 1Page 5 of 65 Attachment 1 Page 6 of 65 &20('($6(0(17 6833/(0(17$/&20('($6(0(17 %/'*6(7%$&. %/'*6(7%$&. %/'* 6 ( 7 % $ & . %/'*6(7%$&. 6:2/)52$'6:2/)52$'6725<2)),&(,1'8675,$/%/'*)22735,17 6)&/5+*7 75$,/(56 &$5675$,/(565(3$,5%$<6758&.6&$/()8(/67$7,2166)2)),&('2&.6'2&.6),5(3803 (/(&5220 ','&$%675$,/(5675$,/(56NORTHSHEET&+,&RQFHSWXDO6LWH3ODQ6RXWK:ROI5RDGVFKHPH 'HV3ODLQHV,/7KLVFRQFHSWXDOGHVLJQLVEDVHGXSRQDSUHOLPLQDU\UHYLHZRIHQWLWOHPHQWUHTXLUHPHQWVDQGRQXQYHULILHGDQGSRVVLEO\LQFRPSOHWHVLWHDQGRUEXLOGLQJLQIRUPDWLRQDQGLVLQWHQGHGPHUHO\WRDVVLVWLQH[SORULQJKRZWKHSURMHFWPLJKWEHGHYHORSHG020 40 80 2001" =40'%RXQGDU\6RXUFH 3')$/7$6859(<6WRUPZDWHU0DQDJHPHQW'HVLJQ $9(5$*(5(*,21$/5(48,5('3529,'('Attachment 1Page 7 of 65 PAGE205.17.2022580 WOLFELK GROVE VILLAGE, IL - CHI22-0113-00CONCEPT DESIGNPERSPECTIVE - NORTHEASTThis conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Signage shown is for illustrative purposes only and does not necessarily reflect municipal code compliance. All colors shown are for representative purposes only. Refer to material samples for actual color verification.Attachment 1Page 8 of 65 PAGE305.17.2022580 WOLFELK GROVE VILLAGE, IL - CHI22-0113-00CONCEPT DESIGNPERSPECTIVE - SOUTHEASTThis conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Signage shown is for illustrative purposes only and does not necessarily reflect municipal code compliance. All colors shown are for representative purposes only. Refer to material samples for actual color verification.Attachment 1Page 9 of 65 PAGE405.17.2022580 WOLFELK GROVE VILLAGE, IL - CHI22-0113-00CONCEPT DESIGNELEVATION - EASTELEVATION - NORTHThis conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Signage shown is for illustrative purposes only and does not necessarily reflect municipal code compliance. All colors shown are for representative purposes only. Refer to material samples for actual color verification.Attachment 1Page 10 of 65 1188DDAABB223344556677CC23431333364'-0"180'-0"60'-0"60'-0"60'-0"52'-0"52'-0"52'-0"52'-0"52'-0"52'-0"52'-0"10" 5'-2"25 PANELS @ 12'-0"300'-0"5'-2"10" 4'-0"45'-0" 4'-3 1/4"10" 5'-2"19 PANELS @ 12'-0"228'-0"2 PANELS @ 12'-7"25'-2" 10"4'-0"40'-0"9'-3 1/4"13'-7 1/2"64'-5"3'-0"65'-0"OFFICE+/- 3,762 SFBUILDING AREA+/- 59,700 SF10'-10"3 PANELS @ 14'-0"42'-0"10"11PANELS@14'-0"154'-0"10'-2"10"2PANELS@7'-6"15'-0"OFFICE+/- 3,000 SF50'-0" 3$*(1257+29(5$//)/2253/$1:2/):2/)52$''(63/$,1(6,/Attachment 1Page 11 of 65 1188DDAABB223344556677CC234313331/4"/1'-0"1/4"/1'-0"1/4"/1'-0"T.O.R. 35'-0 1/2"B.O.D. 34'-6"T.O.R. 35'-0 1/2"B.O.D. 34'-6"T.O.R. 38'-9 1/2"B.O.D. 38'-3"H.P.L.P.I.H.P.35'-7" 35'-0 1/2" 3$*(1257+522)3/$1:2/):2/)52$''(63/$,1(6,/Attachment 1Page 12 of 65 F.F.E.0"T.O.P.39'-0"18234567T.O.P.34'-0"5'-0"F.F.E.0"T.O.P.39'-0"182345674'-4 5/8"45'-0"4'-3 1/4"5'-0"F.F.E.0"T.O.P.39'-0"DABCT.O.P.34'-0"5'-0"F.F.E.0"T.O.P.39'-0"DABC5'-0" 3$*((;7(5,25(/(9$7,216:2/):2/)52$''(63/$,1(6,/SCALE: 3/32" = 1'-0"2EXTERIOR ELEVATIONSCALE: 3/32" = 1'-0"4EXTERIOR ELEVATIONSCALE: 3/32" = 1'-0"1EXTERIOR ELEVATIONSCALE: 3/32" = 1'-0"3EXTERIOR ELEVATIONAttachment 1Page 13 of 65 Attachment 1 Page 14 of 65 N:\DGN\1428\1428.02\SURVEY\1428.02ALTA-01.dgn Default User=cduarte Attachment 1 Page 15 of 65 N:\DGN\1428\1428.02\SURVEY\1428.02ALTA-01.dgn SHEET 2 User=cduarte Attachment 1 Page 16 of 65 Attachment 1Page 17 of 65 Attachment 1Page 18 of 65 JLJLJLJLJLJLJLAttachment 1Page 19 of 65 Attachment 1Page 20 of 65 Attachment 1Page 21 of 65 Attachment 1Page 22 of 65 Attachment 1Page 23 of 65 Attachment 1Page 24 of 65 Attachment 1Page 25 of 65 Attachment 1Page 26 of 65 Attachment 1Page 27 of 65 Attachment 1Page 28 of 65 Attachment 1Page 29 of 65 Attachment 1Page 30 of 65 Attachment 1Page 31 of 65 Attachment 1Page 32 of 65 Attachment 1Page 33 of 65 EXHIBIT B: Legal Description The total land area of the subject parcel located at 580 Wolf Rd. in Des Plaines, Illinois (PIN: 09-18-400-006-0000) is approximately 370,260 square feet. The subject property currently contains a number of buildings, garages and a few smaller structures as well as one concrete plant. These existing structures have been underutilized, vacant and in poor condition for years. As a result, 580 S Wolf Rd LLC, or an entity to be named, plans to demolish all of the existing structures on the subject property and construct an approximately 60,000 square foot industrial building. Below please find the legal description of the subject property. THAT PART OF THE SOUTHEAST QUARTER, SECTION 18, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF WOLF ROAD (AS NOW LOCATED AND ESTABLISHED), WHICH POINT IS 909 FEET SOUTHEASTERLY, AS MEASURED ALONG THE WESTERLY LINE OF SAID WOLF ROAD FROM ITS INTERSECTION WITH THE NORTH LINE OF THE SOUTHEAST QUARTER, SAID POINT BEING ALSO THE SOUTHEAST CORNER OF THE PARCEL OF LAND CONVEYED TO HANNIFIN CORPORATION BY CHICAGO AND NORTHWESTERN RAILROAD COMPANY BY DEED DATED 10-23-51; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE OF SAID WOLF ROAD (AS NOW LOCATED AND ESTABLISHED) 306.56 FEET TO A POINT THAT IS 50-FOOT DISTANCE NORTHWESTERLY, AS MEASURED RADIALLY FROM THE CENTERLINE OF THE WESTERLY MAIN TRACK OF THE PROVISO-TECHNEY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY, AS SAID MAIN TRACK IS NOW LOCATED AND ESTABLISHED; THENCE SOUTHWESTERLY PARALLEL WITH SAID CENTERLINE, A DISTANCE OF 907.26 FEET TO A POINT ON THE CENTERLINE OF PRAIRIE AVENUE EXTENDED WESTERLY IN THE CITY OF DES PLAINES; THENCE WESTERLY ALONG SAID EXTENDED CENTERLINE OF SAID PRAIRIE AVENUE, 91.30 FEET TO A POINT DISTANCE 8.5 FEET AT RIGHT ANGLES EASTERLY FROM THE CENTERLINE OF THE MOST EASTERLY OF TWO SIDE TRACKS WHICH PARALLEL THE TWO WEST WYE TRACKS OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY; THENCE NORTHERLY PARALLEL WITH THE CENTERLINE OF SAID 'SIDE TRACK, 1066.30 FEET TO A POINT ON THE SOUTHERLY LINE EXTENDED WESTERLY OF LAND CONVEYED TO HANNIFIN CORPORATION BY DEED DATED 10-23-51; THENCE EASTERLY ALONG SAID WESTERLY EXTENSION AND ALONG SAID SOUTHERLY LINE OF LAND SO CONVEYED BY DEED TO HANNIFIN CORPORATION 10-23-51, 435 FEET TO THE POINT OF BEGINNING. Attachment 1 Page 34 of 65 EXHIBIT C: Site Dimension & Square footage/Plat of Survey EXHIBIT D: Building Dimensions/Site Plan/Elevations/Renderings EXHIBIT G: Description of precise nature and extent of the industrial use of the subject property 580 S Wolf Rd LLC, or an entity to be named, (“Applicant”) plans on purchasing the property located at 580 S. Wolf Rd. in Des Plaines, Illinois (PINs: 09-18-400-006-0000), demolishing the existing structures thereon and constructing an approximately 60,000 square foot building for its related entity, Highlander Transportation, Inc., to occupy the entire site for its use consisting of the warehousing and distribution in connection with freight forwarding. The subject property currently contains a number of buildings, garages and a few smaller structures as well as one concrete plant located on a roughly 370,260 square foot site. These existing structures have been underutilized, vacant and in poor condition for years. As a result, the Applicant plans to demolish all of the existing structures on the subject property and construct an approximately 60,000 square foot industrial building. The Applicant plans to invest approximately $16,000,000 to demolish the existing buildings, construct the new building and rehabilitate the site, which will create approximately 75 to 100 construction jobs. However, please note that the costs of the construction and rehabilitation could significantly vary as they are preliminary and additional reviews of the property as well as additional discussions with contractors must be completed to determine both. Attached please find a Survey, aerial, Concept Design, a Conceptual Site Plan, Floor Plan, Roof Plan and Exterior Elevations as well as a contractor estimate. Note that the Applicant does not anticipate any zoning amendments, variations and/or other relief relative to the proposed plans for improvement. Currently, Highlander Transportation, Inc. leases approximately 30,000 square feet in Elk Grove Village as well as a few parking areas for its trucks. Highlander Transportation, Inc.’s business is growing and needs to expand its operation as soon as possible. Therefore, Highlander Transportation, Inc. plans to move its Elk Grove Village operations to the subject property to serve as its headquarters and bring 70 of its 100 current employees (all full-time) to the same. Highlander Transportation, Inc. believes that if it grows as anticipated that it will have approximately 100 to 140 employees at the site in the next 2 to 5 years. Additionally, Highlander Transportation, Inc. will look to hire all qualified City of Des Plaines residents for future hires. We note that Highlander Transportation, Inc. already has a number of City of Des Plaines residents as employees. Also please note that Highlander Transportation, Inc. offers employee health care, paid vacation and sick days. Attachment 1 Page 35 of 65 The City of Des Plaines can also expect that Highlander Transportation, Inc. and its employees will invest commercially back into the community by visiting local establishments such as restaurants, gas stations, grocery stores and more. In addition, the City of Des Plaines can expect that Highlander Transportation, Inc. will attract business and various customers to the City in the course of its operations. Highlander Transportation, Inc. currently supports its local community and looks forward to working with the City of Des Plaines to find ways it can continue to do so in the City. Attachment 1 Page 36 of 65 EXHIBIT E: Cook County Disclosure of Ownership Interest Statement and City of Des Plaines Economic Disclosure Statement and Affidavit Attached hereto please find a copy of the Cook County Disclosure of Ownership Interest Statement and City of Des Plaines Economic Disclosure Statement and Affidavit. Attachment 1 Page 37 of 65 Attachment 1 Page 38 of 65 Attachment 1 Page 39 of 65 Attachment 1 Page 40 of 65 Attachment 1 Page 41 of 65 Attachment 1 Page 42 of 65 Attachment 1 Page 43 of 65 Attachment 1 Page 44 of 65 Attachment 1 Page 45 of 65 Attachment 1 Page 46 of 65 Attachment 1 Page 47 of 65 Attachment 1 Page 48 of 65 Attachment 1 Page 49 of 65 x Attachment 1 Page 50 of 65 Attachment 1 Page 51 of 65 Attachment 1 Page 52 of 65 Attachment 1 Page 53 of 65 Attachment 1 Page 54 of 65 Attachment 1 Page 55 of 65 Attachment 1 Page 56 of 65 Attachment 1 Page 57 of 65 EXHIBIT F: List of all owners, developers, occupants, and other interested parties Ownership: 580 S Wolf Rd LLC, or an entity to be named, (“Applicant”) plans on purchasing the property located at 580 S. Wolf Rd. in Des Plaines, Illinois (PINs: 09-18-400- 006-0000). Attached please find the Articles of Organization for the Applicant. In addition, please find the Applicant’s Cook County Disclosure of Ownership Interest Statement listing the interests in Exhibit E. Attachment 1 Page 58 of 65 Form LLC-5.5 Illinois Limited Liability Company Act Articles of Organization FILE # Secretary of State Jesse White Department of Business Services Limited Liability Division www.ilsos.gov 1.Limited Liability Company Name: Address of Principal Place of Business where records of the company will be kept: The Limited Liability Company has one or more members on the filing date. Registered Agent’s Name and Registered Office Address: Purpose for which the Limited Liability Company is organized: “The transaction of any or all lawful business for which Limited Liability Companies may be organized under this Act.” The LLC is to have perpetual existence. Name and business addresses of all the managers and any member having the authority of manager: I affirm, under penalties of perjury, having authority to sign hereto, that these Articles of Organization are to the best of my knowledge and belief, true, correct and complete. Dated: Name and Address of Organizer 2. 3. 4. 5. 6. 7. 8. Filing Fee: Approved By: $150 This document was generated electronically at www.ilsos.gov FILED Jesse White Secretary of State MAY 12, 2022 DES PLAINES, IL 60016 MAG DES PLAINES, IL 60016 DES PLAINES, IL 60016 11817785 580 S WOLF RD DES PLAINES, IL 60016-3139 580 S WOLF RD DES PLAINES, IL 60016 580 S WOLF RD 580 S WOLF RD 580 S WOLF RD 580 S WOLF RD LLC MAY 12 2022 NATALIA BUKOWSKA NATALIA BUKOWSKA LEJA, JAN BUKOWSKA, NATALIA Attachment 1 Page 59 of 65 EXHIBIT H: Analysis of taxes generated by the new development with and without the abatement incentive and under a scenario of complete vacancy 580 S Wolf Rd LLC, or an entity to be named, (“Applicant”) plans on purchasing the property located at 580 S. Wolf Rd. in Des Plaines, Illinois (PINs: 09-18-400-006-0000), demolishing the existing structures thereon and constructing an approximately 60,000 square foot building for its related entity, Highlander Transportation, Inc., to occupy the entire site for its use consisting of the warehousing and distribution in connection with freight forwarding. The subject property currently contains a number of buildings, garages and a few smaller structures as well as one concrete plant located on a roughly 370,260 square foot site. These existing structures have been underutilized, vacant and in poor condition for years. As a result, the Applicant plans to demolish all of the existing structures on the subject property and construct an approximately 60,000 square foot industrial building. The Applicant plans to invest approximately $16,000,000 to demolish the existing buildings, construct the new building and rehabilitate the site, which will create approximately 75 to 100 construction jobs. However, please note that the costs of the construction and rehabilitation could significantly vary as they are preliminary and additional reviews of the property as well as additional discussions with contractors must be completed to determine both. Attached please find a Survey, aerial, Concept Design, a Conceptual Site Plan, Floor Plan, Roof Plan and Exterior Elevations as well as a contractor estimate. Note that the Applicant does not anticipate any zoning amendments, variations and/or other relief relative to the proposed plans for improvement. We have attached a breakdown showing what the taxes would be with a Class 6b Incentive as well as the comparably lower taxes on this property if it remains vacant and without any improvements. By looking at this breakdown, one can see that the overall taxes for this property with a Class 6b Incentive along with the investment to be put in will provide greater real estate taxes for this property than it would if it remained vacant. Additionally, because of the comparatively high taxes in Cook County it is likely the property will continue to remain vacant for a long time if the Applicant is unable to obtain a Class 6b Incentive. Without a Class 6b Incentive, the Applicant will not purchase the subject property, complete the new construction and rehabilitation and Highlander Transportation, Inc. will not expand its operations into the same. In addition, the Applicant will then look for another location where the property taxes are lower either outside of Cook County or in Cook County where it can secure a Class 6b Incentive. As a result, the subject property would most likely continue to sit vacant and on vacancy relief with the Cook County Assessor’s Office. Attachment 1 Page 60 of 65 Currently, Highlander Transportation, Inc. leases approximately 30,000 square feet in Elk Grove Village as well as a few parking areas for its trucks. Highlander Transportation, Inc.’s business is growing and needs to expand its operation as soon as possible. Therefore, Highlander Transportation, Inc. plans to move its Elk Grove Village operations to the subject property to serve as its headquarters and bring 70 of its 100 current employees (all full-time) to the same. Highlander Transportation, Inc. believes that if it grows as anticipated that it will have approximately 100 to 140 employees at the site in the next 2 to 5 years. Additionally, Highlander Transportation, Inc. will look to hire all qualified City of Des Plaines residents for future hires. We note that Highlander Transportation, Inc. already has a number of City of Des Plaines residents as employees. Also please note that Highlander Transportation, Inc. offers employee health care, paid vacation and sick days. The City of Des Plaines can also expect that Highlander Transportation, Inc. and its employees will invest commercially back into the community by visiting local establishments such as restaurants, gas stations, grocery stores and more. In addition, the City of Des Plaines can expect that Highlander Transportation, Inc. will attract business and various customers to the City in the course of its operations. Highlander Transportation, Inc. currently supports its local community and looks forward to working with the City of Des Plaines to find ways it can continue to do so in the City. As the above indicates, there are various benefits the City of Des Plaines will receive should the Applicant be granted the Class 6b Incentive. The Applicant is excited to move forward with the purchase, construction, rehabilitation and occupation of the subject property. Additionally, Highlander Transportation, Inc. is excited to expand its operations at the subject property in the City of Des Plaines and be a strong community member for many years to come. However, the above is all contingent on the Applicant receiving a Class 6b Incentive. Attachment 1 Page 61 of 65 CITY OF DES PLAINES RESOLUTION R - 140 - 22 A RESOLUTION SUPPORTING AND CONSENTING TO APPROVAL OF CLASS 6b CLASSIFICATION FOR THE PROPERTY AT 580 S Wolf Rd. __________________ WHEREAS, 580 S Wolf Rd, LLC ("Applicant") is the prospective purchaser of that certain 8.5-acre property commonly known as 580 S. Wolf Road in the City and legally described in Exhibit A attached to, and by this reference made a part of, this Resolution ("Subject Property"); and WHEREAS, the Subject Property is currently vacant and unimproved; and WHEREAS, the Applicant intends to construct a new 63,000-square-foot distribution facility on the Subject Property ("Proposed Improvements") and plans for the facility to serve as the headquarters for Highlander Transportation (“Proposed Use”); and WHEREAS, the Applicant estimates that the Proposed Improvements will cost approximately $16,000,000 and will constitute new construction on the Subject Property; and WHEREAS, the Applicant plans to move 70 current full-time positions to the facility and estimates the Proposed Use will generate at least 100 to 140 new full-time positions within the next five years; and WHEREAS, pursuant to Section 74-62(b) of the Cook County Real Property Assessment Classification Ordinance ("County Classification Ordinance"), the Applicant intends to file with the Office of the Assessor of Cook County an application for Class 6b classification of the Subject Property under the eligibility criteria of “new construction”; and WHEREAS, the Class 6b classification temporarily reduces the property tax assessment of qualifying properties in order to promote industrial projects which would not be economically feasible without assistance; and WHEREAS, the Applicant would be unable to justify the investments necessary to complete the Proposed Improvements and cause the Subject Property to be constructed for the Proposed Use but for the classification of the Subject Property as Class 6b under the Classification Ordinance; and WHEREAS, in order to qualify for the 6b Classification, the Applicant must receive the consent of the City in the form of a resolution from the City Council; and WHEREAS, as part of the Class 6b application filed with the City for the Subject Property, the Applicant filed a Cook County compliant Economic Disclosure Statement with the City; and WHEREAS, the City Council hereby finds that it is in the best interest of the City and {00127479.1} 1 Page 62 of 65 {00127479.1} 2 the public to provide its consent and approval to the Applicant’s request for a Class 6b classification for the Subject Property and to support Cook County’s exercise of its home rule authority to grant the Class 6b classification. 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: DETERMINATION OF ELIGIBILITY AND APPROPRIATENESS. The City Council hereby finds and determines that: (a) the Subject Property is appropriate for the Class 6b classification pursuant to the Classification Ordinance; (b) Class 6b classification of the Subject Property is necessary for the new construction and occupation of the Subject Property; and (c) the new construction of the Proposed Improvements on the Subject Property constitutes an extraordinary and special circumstance warranting the grant of the Class 6b classification. SECTION 3: SUPPORT AND CONSENT TO CLASS 6b CLASSIFICATION. Pursuant to the County Classification Ordinance, the City Council hereby approves, consents to, and supports the classification of the Subject Property as Class 6b property, subject to the conditions set forth in Section 4 of this Resolution. SECTION 4: CONDITIONS OF CITY’S CONSENT; REVOCATION. The consent granted in Section 3 of this Resolution is expressly conditioned upon the occurrence and/or satisfaction by the Applicant of the following conditions: A. The Applicant will complete construction of the Proposed Improvements no later than December 31, 2024; and B. The Applicant has evidenced a commitment to construct the Proposed Improvements in the amount of no less than $16,000,000 The Applicant agrees and acknowledges that the conditions set forth in this Section 4 have not been satisfied, the City Council shall have the option, in its sole and exclusive discretion, to revoke the consent granted in Section 3 by resolution duly adopted in accordance with the procedures set forth in Section 74-73 of the Cook County Code of Ordinances. In the event that the City Council revokes its consent, the City Clerk is directed to promptly deliver notice of such revocation to the Board of Commissioners of Cook County and the Office of the Cook County Assessor along with certified copies of the revoking resolution. SECTION 5: DELIVERY. The City Clerk is hereby directed to transmit a certified copy of this Resolution to the Applicant. The Applicant shall be responsible for presenting such certified copy to the Board of Commissioners of Cook County and filing such certified copy with the Office of the Cook County Assessor. SECTION 6: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law and the satisfaction of the conditions set forth in Section 4 above. Page 63 of 65 {00127479.1} 3 PASSED this _____ day of ____________, 2022. APPROVED this _____ day of _____________, 2022. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel DP-Resolution Supporting Class 6b Classification for 580 S Wolf Rd Page 64 of 65 {00127479.1} EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY THAT PART OF THE SOUTHEAST QUARTER, SECTION 18, TOWNSHIP 41 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF WOLF ROAD (AS NOW LOCATED AND ESTABLISHED), WHICH POINT IS 909 FEET SOUTHEASTERLY, AS MEASURED ALONG THE WESTERLY LINE OF SAID WOLF ROAD FROM ITS INTERSECTION WITH THE NORTH LINE OF THE SOUTHEAST QUARTER, SAID POINT BEING ALSO THE SOUTHEAST CORNER OF THE PARCEL OF LAND CONVEYED TO HANNIFIN CORPORATION BY CHICAGO AND NORTHWESTERN RAILROAD COMPANY BY DEED DATED 10-23-51; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE OF SAID WOLF ROAD (AS NOW LOCATED AND ESTABLISHED) 306.56 FEET TO A POINT THAT IS 50-FOOT DISTANCE NORTHWESTERLY, AS MEASURED RADIALLY FROM THE CENTERLINE OF THE WESTERLY MAIN TRACK OF THE PROVISO-TECHNEY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY, AS SAID MAIN TRACK IS NOW LOCATED AND ESTABLISHED; THENCE SOUTHWESTERLY PARALLEL WITH SAID CENTERLINE, A DISTANCE OF 907.26 FEET TO A POINT ON THE CENTERLINE OF PRAIRIE AVENUE EXTENDED WESTERLY IN THE CITY OF DES PLAINES; THENCE WESTERLY ALONG SAID EXTENDED CENTERLINE OF SAID PRAIRIE AVENUE, 91.30 FEET TO A POINT DISTANCE 8.5 FEET AT RIGHT ANGLES EASTERLY FROM THE CENTERLINE OF THE MOST EASTERLY OF TWO SIDE TRACKS WHICH PARALLEL THE TWO WEST WYE TRACKS OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY; THENCE NORTHERLY PARALLEL WITH THE CENTERLINE OF SAID 'SIDE TRACK, 1066.30 FEET TO A POINT ON THE SOUTHERLY LINE EXTENDED WESTERLY OF LAND CONVEYED TO HANNIFIN CORPORATION BY DEED DATED 10-23-51; THENCE EASTERLY ALONG SAID WESTERLY EXTENSION AND ALONG SAID SOUTHERLY LINE OF LAND SO CONVEYED BY DEED TO HANNIFIN CORPORATION 10-23-51, 435 FEET TO THE POINT OF BEGINNING. Commonly known as 580 S Wolf Rd, Des Plaines, Illinois 60018 PIN: 09-18-400-006-0000 Page 65 of 65 {00127701.1} Office of the General Counsel 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5300 desplaines.org Date: August 3, 2022 To: Mayor Goczkowski and City Council Michael G. Bartholomew, City Manager From: Peter Friedman, City Attorney Subject: Submission of a Referendum Question Regarding the Elimination of Term Limits At your direction, we have prepared the attached resolution authorizing the submission of a public question asking whether term limits for all elected officials should be eliminated. If the resolution is adopted, the resolution will be forwarded to the appropriate election authorities, and the referendum question will be placed on the November 8, 2022 election ballot, or at the next available election permitted by election law. If a majority of voters vote “YES” on the question, then the City will have the authority to amend the City Code to eliminate term limits for all elected officials. If the majority of voters vote “NO” on the question, then the existing term limits will remain in place. Attachment: Resolution R-147-22 Page 1 of 3 NEW BUSINESS #3A. {00127600.2} 1 CITY OF DES PLAINES RESOLUTION R - 147 - 22 A RESOLUTION INITIATING THE SUBMISSION OF A PUBLIC QUESTION TO ELIMINATE TERM LIMITS FOR ELECTED MUNICIPAL OFFICIALS WHEREAS, the City is a home rule municipality in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and WHEREAS, pursuant to Article VII, Section 6(f) of the Illinois Constitution, the City has the home rule authority to provide for its officers, their manner of selection and terms of office as provided by referendum or as otherwise authorized by law; and WHEREAS, pursuant to Article VII, Section 6(f) of the Illinois Constitution, the City Council desires to place on the November 8, 2022 ballot a public question to be considered by the voters in the City as to whether terms limits for Des Plaines elected officials should be eliminated; 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: PUBLIC QUESTION ON THE ELIMINATION OF TERM LIMITS. A public question shall be submitted to the voters of the City of Des Plaines, County of Cook, State of Illinois, at the November 8, 2022 election (or at the next available election permitted by the general election law), as follows: Shall the City of Des Plaines eliminate term limits for each elected official in the City? YES ____ NO ____ SECTION 3: FILING. The City Clerk is hereby authorized and directed to certify and file this Resolution and other related matters with the appropriate election officials in accordance with applicable law. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. [SIGNATURE PAGE FOLLOWS] Page 2 of 3 {00127600.2} 2 PASSED this ____ day of __________________, 2022. APPROVED this _____ day of ______________, 2022. VOTE: AYES _____ NAYS _____ ABSENT _____ MAYOR ATTEST: Approved as to form: CITY CLERK Peter M. Friedman, General Counsel Page 3 of 3