Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
City Council Packet 2020 05-26-20
AGENDA CITY COUNCIL MEETING Tuesday, May 26, 2020 7:00 p.m. City Hall Council Chambers 800 Game Farm Road, Yorkville, IL Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Ken Koch Jackie Milschewski Chris Funkhouser Seaver Tarulis Dan Transier Arden Joe Plocher Joel Frieders Jason Peterson Establishment of Quorum: Amendments to Agenda: Presentations: Public Hearings: Public Hearing for Proposed Downstate Small Business Stabilization Applications Funded by Community Development Block Grant (CDBG) Funds, the total amount of CDBG funds to be requested is $200,000 and will address the urgent needs of the business due to the COVID-19 emergency on the following applications: Centers for Foot and Ankle Surgery Ltd. DBA Foot and Ankle Centers, Crusade Burger Bar LLC, Fast Burrito, Inc., Ginger and Soul Inc., HNM Corporation, NCG Yorkville Inc., NDB Enterprises, Inc. DBA Sunfield Restaurant, and Taekwondo Korea Center Inc. Citizen Comments on Agenda Items: Consent Agenda: Minutes for Approval: 1. Minutes of the Regular City Council – April 28, 2020 2. Minutes of the Regular City Council – May 12, 2020 3. Minutes of the Special City Council – May 19, 2020 Bill Payments for Approval from the Current Bill List: Payments total these amounts: $ 311,341.41 (vendors – FY 20) $ 800,854.12 (vendors – FY 21) $ 290,464.07 (payroll period ending 5/15/20) $ 1,402,659.60 (total) United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us City Council Agenda May 26, 2020 Page 2 Mayor’s Report: 1. CC 2020-43 Downstate Small Business Stabilization Program Grant a. Resolution of Support for a Community Development Block Grant Program Grant (Centers for Foot and Ankle Surgery Ltd. DBA Foot and Ankle Centers, 654 W Veterans Parkway, Suite D, Yorkville, IL) b. Resolution of Support for a Community Development Block Grant Program Grant (Crusade Burger Bar LLC, 209 S. Bridge Street, Yorkville, IL) c. Resolution of Support for a Community Development Block Grant Program Grant (Fast Burrito, Inc., 1214 N. Bridge Street, Yorkville, IL) d. Resolution of Support for a Community Development Block Grant Program Grant (Ginger and Soul Inc., 131 E. Hydraulic, Yorkville, IL) e. Resolution of Support for a Community Development Block Grant Program Grant (HNM Corporation, 227 Heustis Street, Yorkville, IL) f. Resolution of Support for a Community Development Block Grant Program Grant (NCG Yorkville Inc., 1505 N. Bridge Street, Yorkville, IL) g. Resolution of Support for a Community Development Block Grant Program Grant (NDB Enterprises, Inc. DBA Sunfield Restaurant, 382 E. Veterans Parkway, Yorkville, IL) h. Resolution of Support for a Community Development Block Grant Program Grant (Taekwondo Korea Center Inc., 482 E. Veterans Parkway, Yorkville, IL) 2. CC 2020-44 Skid Steer Trade-in and Purchase of New Model 3. CC 2020-45 Ordinance Approving Outdoor Restaurant Sales and Liquor Servicing During the Pandemic 4. CC 2020-46 City Administrator Employment Agreement Public Works Committee Report: 1. PW 2020-30 Water Department Reports for January, February, and March 2020 2. PW 2020-31 Supplemental MFT Resolution for Bulk Rock Salt 3. PW 2020-32 Ordinance Authorizing Conveyance of Real Estate for Highway Purposes (.095 acres of land at 1975 N. Bridge Street) 4. PW 2020-33 Mill Road Project a. Resolution Approving a Services Agreement with BNSF Railway Company b. Resolution Approving a Stipulated Agreement with the Illinois Commerce Commission and BNSF Railway Company c. Ordinance Approving an Easement Agreement for Roadway Construction, Maintenance and Use (Mill Road) Economic Development Committee Report: Public Safety Committee Report: City Council Agenda May 26, 2020 Page 3 Administration Committee Report: 1. ADM 2020-30 Treasurer’s Report for April 2020 2. ADM 2020-34 Resolution Authorizing the Closure of a Checking Account with First National Bank (Parks and Recreation Bank Account) 3. ADM 2020-35 Ordinance Amending the Yorkville City Code, Title 1, Chapter 7, Section 3: Contracts and Purchases 4. ADM 2020-36 Resolution Approving a Revised Fund Balance Policy Park Board: Planning and Zoning Commission: City Council Report: City Clerk’s Report: Community and Liaison Report: Staff Report: Mayor’s Report (cont’d): 5. CC 2020-47 FY 21 Budget Update Additional Business: Citizen Comments: Executive Session: 1. For the discussion of minutes of meetings lawfully closed under the Open Meetings Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes. Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES ADMINISTRATION: June 17, 2020 – 6:00 p.m. – City Hall Conference Room Committee Departments Liaisons Chairman: Alderman Funkhouser Finance Library Vice-Chairman: Alderman Transier Administration Committee: Alderman Plocher Committee: Alderman Peterson City Council Agenda May 26, 2020 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES cont’d: ECONOMIC DEVELOPMENT: June 2, 2020 – 6:00 p.m. – City Hall Conference Room Committee Departments Liaisons Chairman: Alderman Milschewski Community Development Planning & Zoning Commission Vice-Chairman: Alderman Peterson Building Safety & Zoning Kendall Co. Plan Commission Committee: Alderman Koch Committee: Alderman Frieders PUBLIC SAFETY: July 2, 2020 – 6:00 p.m. – City Hall Conference Room Committee Departments Liaisons Chairman: Alderman Tarulis Police School District Vice-Chairman: Alderman Frieders Committee: Alderman Milschewski Committee: Alderman Transier PUBLIC WORKS: June 16, 2020 – 6:00 p.m. – City Hall Conference Room Committee Departments Liaisons Chairman: Alderman Plocher Public Works Park Board Vice-Chairman: Alderman Koch Engineering YBSD Committee: Alderman Funkhouser Parks and Recreation Committee: Alderman Tarulis UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, May 26, 2020 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC HEARINGS: ----------------------------------------------------------------------------------------------------------------------------------------- Public Hearing for Proposed Downstate Small Business Stabilization Applications Funded by Community Development Block Grant (CDBG) Funds, the total amount of CDBG funds to be requested is $200,000 and will address the urgent needs of the business due to the COVID-19 emergency on the following applications: Centers for Foot and Ankle Surgery Ltd. DBA Foot and Ankle Centers, Crusade Burger Bar LLC, Fast Burrito, Inc., Ginger and Soul Inc., HNM Corporation, NCG Yorkville Inc., NDB Enterprises, Inc. DBA Sunfield Restaurant, and Taekwondo Korea Center Inc. ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS ON AGENDA ITEMS: ----------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Minutes of the Regular City Council – April 28, 2020 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. Minutes of the Regular City Council – May 12, 2020 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. Minutes of the Special City Council – May 19, 2020 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ---------------------------------------------------------------------------------------------------------------------------------------- BILLS FOR PAYMENT: ----------------------------------------------------------------------------------------------------------------------------------------- □ Approved ________ □ As presented □ As amended □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR’S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2020-43 Downstate Small Business Stabilization Program Grant a. Resolution of Support for a Community Development Block Grant Program Grant (Centers for Foot and Ankle Surgery Ltd. DBA Foot and Ankle Centers, 654 W Veterans Parkway, Suite D, Yorkville, IL) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ b. Resolution of Support for a Community Development Block Grant Program Grant (Crusade Burger Bar LLC, 209 S. Bridge Street, Yorkville, IL) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ c. Resolution of Support for a Community Development Block Grant Program Grant (Fast Burrito, Inc., 1214 N. Bridge Street, Yorkville, IL) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ d. Resolution of Support for a Community Development Block Grant Program Grant (Ginger and Soul Inc., 131 E. Hydraulic, Yorkville, IL) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ e. Resolution of Support for a Community Development Block Grant Program Grant (HNM Corporation, 227 Heustis Street, Yorkville, IL ) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ f. Resolution of Support for a Community Development Block Grant Program Grant (NCG Yorkville Inc., 1505 N. Bridge Street, Yorkville, IL) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ g. Resolution of Support for a Community Development Block Grant Program Grant (NDB Enterprises, Inc. DBA Sunfield Restaurant, 382 E. Veterans Parkway, Yorkville, IL) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ h. Resolution of Support for a Community Development Block Grant Program Grant (Taekwondo Korea Center Inc., 482 E. Veterans Parkway, Yorkville, IL) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2020-44 Skid Steer Trade-in and Purchase of New Model □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. CC 2020-45 Ordinance Approving Outdoor Restaurant Sales and Liquor Servicing During the Pandemic □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 4. CC 2020-46 City Administrator Employment Agreement □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2020-30 Water Department Reports for January, February, and March 2020 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2020-31 Supplemental MFT Resolution for Bulk Rock Salt □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2020-32 Ordinance Authorizing Conveyance of Real Estate for Highway Purposes (.095 acres of land at 1975 N. Bridge Street) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2020-33 Mill Road Project a. Resolution Approving a Services Agreement with BNSF Railway Company □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ b. Resolution Approving a Stipulated Agreement with the Illinois Commerce Commission and BNSF Railway Company □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ c. Ordinance Approving an Easement Agreement for Roadway Construction, Maintenance and Use (Mill Road) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- ADMINISTRATION COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. ADM 2020-30 Treasurer’s Report for April 2020 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. ADM 2020-34 Resolution Authorizing the Closure of a Checking Account with First National Bank (Parks and Recreation Bank Account) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. ADM 2020-35 Ordinance Amending the Yorkville City Code, Title 1, Chapter 7, Section 3: Contracts and Purchases □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 4. ADM 2020-36 Resolution Approving a Revised Fund Balance Policy □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR’S REPORT (CONT’D): ----------------------------------------------------------------------------------------------------------------------------------------- 5. CC 2020-47 FY 21 Budget Update □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Agenda Item Number Public Hearing #1 Tracking Number Downstate Grant Program Public Hearing City Council – May 26, 2020 Bart Olson Administration Name Department DOWNSTATE SMALL BUSINESS STABILIZATION PROGRAM Program DetailsThe Downstate Small Business Stabilization Program has been established to provide working capital funds to community’s businesses economically impacted by the COVID-19 virus. The program component makes funds available for 60 days of verifiable working capital up to a grant ceiling of $25,000. Eligibility CriteriaYou must have been open in Yorkville since January 1, 2017. Any business that opened after that date is NOT eligible.You CANNOT be a franchise business.You must have a least one other W2 employee, in addition to the owner.You must have less than 50 employees.The ownership of your business must be exactly the same from January 1, 2017 to the current date. You must be a Non-Essential business, as defined by the State of Illinois.Some Essential business may apply, if social distancing is limiting the ability of the business to operate with customers/clients on a normal basis. Requirements if ReceivedRemain open for a minimum of 60 days after funding is awarded.Use half of the award funds for payroll expenses, and half for other working capital. The actual amount of the loan/grant is based on 2 months of actual business expenses, not to exceed $25,000. Applications ReceivedCenters for Foot and Ankle Surgery Ltd. DBA Foot and Ankle CentersCrusade Burger Bar LLCFast Burrito, Inc.Ginger and Soul Inc.HNM Corporation (formerly Casa Santiago, now known as Butcher Block 360) NCG Yorkville Inc.NDB Enterprises, Inc. DBA Sunfield RestaurantTaekwondo Korea Center Inc. Requested FundsThe total amount of CDBG funds to be requested is $200,000.00 Centers for Foot and Ankle Surgery Ltd. DBA Foot and Ankle CentersThe amount of funds requested: $25,000.00Centers for Foot & Ankle Surgery LTD, D/B/A Foot & Ankle Centers has been serving the Yorkville community since January 1, 1999. Covid-19 has affected our practice by reduction of patient visits by 75%. Our practice is also 30% to 40% surgical, and all elective procedures have been cancelled by outpatient surgery centers and hospitals. Due to the stay-at-home order and low patient census, we have furloughed our staff to rotating shifts.The funds are needed because of the COVID pandemic and the historic numbers of Illinois job losses.The grant money will be used primarily for payroll, rent, utilities, telecommunications, inventory and overhead expenses to keep our doors open, and allow our staff to maintain their jobs. Crusade Burger Bar LLCThe amount of funds requested: $25,000.00Crusade Burger Bar is a full service bar and restaurant that has operated in Downtown Yorkville since June of 2016. This COVID-19 pandemic has resulted in a loss of about 60% of our normal revenues. Prior to this pandemic we had a total of 38 FTE employees (43 Part Time and 25 Full-Time Employees). If granted these funds, it would allow us to continue paying more of our employees, resulting in the ability to keep some sense of normalcy in our business until we are allowed to re-open for full service again. Fast Burrito, Inc.The amount of funds requested: $25,000.00Fast Burrito has been open in Yorkville since March 2005. We are a small family owned business. Our specialty restaurant serves authentic Mexican Food. We employ 5 people.COVID-19 has negatively impacted our business as our dining room is closed and our inventory costs have increased significantly, and our sales have been down drastically.We would use this money to cover the costs of our payroll and other expenses such as rent and utilities. Ginger and Soul Inc.The amount of funds requested: $25,000.00Ginger and Soul is a restaurant and catering company located in Yorkville, Illinois. It was established since February of 2015 and employs five people along with seasonal help.Covid 19 has hurt the business greatly. The dining room is closed and catering jobs have been cancelled. Revenue has been drastically reduced.The CDBG funds will allow Ginger and Soul to maintain all their employees on payroll as well as acquire supplies needed to carry out jobs. The funds would also allow for rent and utilities to be paid until the restaurant is allowed to open in full capability and capacity again. HNM CorporationThe amount of funds requested: $25,000.00HNM Corporation (formerly Casa Santiago, now known as Butcher Block 360) has operated as a full service Restaurant/Bar at this location since 2008. We employ 4-6 people. Note, a major remodel was done in January of 2020 and a grand opening was planned when the COVID pandemic broke. Since COVID we have limited hours and are offering only curbside pick up. Revenue is down 80% at this time.The grant would help tremendously with paying rent, payroll, utilities, and help us get the doors back open when the Government allows us to open. NCG Yorkville Inc.The amount of funds requested: $25,000.00We are NCG Yorkville Inc, we are a family owned local theater that has been in business in Yorkville since 2013. Because of COVID-19 we have been closed since March 16, 2020, with no income at all. We would use these funds for payroll and operations of our business, in order to open. NDB Enterprises, Inc. DBA SunfieldRestaurantThe amount of funds requested: $25,000.00Sunfield Restaurant has been open in Yorkville since 1998. Covid-19 has virtually closed the business, as we are not set up to provide pickup and delivery. All of our employees are laid off, and we have had no revenue generated since March 16th, 2020.The grant will pay regular bills such as utilities, equipment and supplies, and building maintenance, and also to pay the salaries of our employees. Taekwondo Korea Center Inc. The amount of funds requested: $25,000.00Taekwondo Korea Center Inc., established and operating since April of 2014, has been providing Taekwondo and discipline education programs to various age groups.Due to COVID-19, we have put on hold in-class training and resorted to online training via Facebook Live Classes, instructional videos, etc. starting the 4th week of March. Since then, we have seen an alarming premature cancelation of our monthly memberships. The business is in greater need than ever of the CDBG funds to pay the remaining balance on our rent bill. Additionally, we plan to utilize the funds to return to regularly paying the workers, which we also lacked capacity for since April due to the large loss of income. Finally, we plan to cover company vehicle insurance, building insurance, telecommunications/internet bills, and merchant service with the funds. Next StepsA Notice of Public Hearing was published in the Beacon Newspaper on May 19, 2020. All project information is available for viewing on our website here: https://www.yorkville.il.us/756/Downstate-Small-Business-Stabilization-PPassage of a Council Resolution of Support (during this meeting).A participation agreement must be signed by the City and the applicant prior to submission. Resolution No. 2020-____ Page 1 Resolution No. 2020-_____ RESOLUTION OF SUPPORT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the City is applying to the State of Illinois for a Community Development Block Grant Program grant on behalf of Centers for Foot and Ankle Surgery Ltd. DBA Foot and Ankle Centers, 654 W Veterans Parkway, Suite D, Yorkville, IL (the “Local Business”), and WHEREAS, it is necessary that an application be made by the City on behalf of the Local Business, and agreements entered with the State of Illinois. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the City apply for a grant on behalf of the Local Business under the terms and conditions of the State of Illinois and shall enter in to and agree to the understandings and assurances contained in said application. Section 2. That the Mayor and City Clerk on behalf of the City execute such documents and all other documents necessary for the carrying out of said application. Section 3. That the Mayor and City Clerk are authorized to provide such additional information as may be required to accomplish the obtaining of such grant. Section 4. Each section, clause, and provision of this Resolution shall be considered as separable, and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses, or provisions of this Resolution Section 5. That this resolution shall be in full force and effect upon its passage and approval as provided by law. Resolution No. 2020-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ JACKIE MILSCHEWSKI _________ ARDEN JOE PLOCHER _________ CHRIS FUNKHOUSER _________ JOEL FRIEDERS _________ SEAVER TARULIS _________ JASON PETERSON _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ MAYOR Attest: ______________________________ CITY CLERK 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 15 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 DOWNSTATE SMALL BUSINESS STABILIZATION PROGRAM APPLICATION FORMS 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 20 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 IV. BENEFITING BUSINESS INFORMATION Name of Business this application is in support of: Supported Business Name: Is Business operating under an Assumed Name? (see 805 ILCS 405) _____ Yes, registered in ________________ County _____ No Supported Business Address 1: Supported Business Address 2: Supported Business City: Supported Business State: Supported Business Zip: 99999-9999: Supported Business Phone Number ______________________________________________________ Supported Business E-Mail Address: Supported Business FEIN or ITIN: Supported Business DUNS (if not available, insert N./A): Supported Business SIC: https://www.naics.com/sic-codes-industry-drilldown/ Supported Business Authorized Signatory Contact: Signatory must sign Participation Agreement and Business Certification Form Last Name: First Name: Title: Daytime Phone: Home Phone: E-Mail: Has this business received federal or state funding (loans, grants or other assistance) related to the COVID19 emergency? _____ No _____ Yes If yes, provide the name/type of assistance and amount: Funding Program Name:_________________________________ Amount Received: $_______________ Funding Program Name:_________________________________ Amount Received: $_______________ BANKRUPTCY: Has the firm, officers or principals of the firm ever been involved in bankruptcy or insolvency procedures? ____ No _____ Yes If yes, provide details: PENDING LAWSUITS: Is the business or any officers or principals of the business involved in any lawsuits? ____ No _____ Yes If yes, provide details 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 21 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Uniform GATA Budget-DSBS here. Completed by the local government and benefiting business. The Uniform Grant Application can be found at the bottom of this webpage: https://www2.illinois.gov/dceo/CommunityServices/CommunityInfrastructure/Pages/DownstateSmBizStabilizaition.aspx PLEASE FOLLOW DIRECTIONS BEGINNING ON PAGE 9 OF THE GUIDEBOOK TO COMPLETE THE GATA BUDGET-DSBS 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 22 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Project Summary here Provide a summary of the business’ present situation. This should include a brief description of the Business, e.g., type of firm, its product or service, and how long they have been in business. Describe how the CDBG funds will be used and reasons why they are needed in order for the Business to be in a position to retain jobs. Specific needs need to be identified. Explain what circumstances make this project necessary, in maintaining adequate permanent working capital to sustain operating needs. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 23 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 NET INCOME VERIFICATION The business must identify their net income for the last three fiscal years beginning January 1, 2017 and ending December 31, 2019. Net income can be obtained from the Profit and Loss statement, generally the last item on that statement. If the Profit and Loss statements cannot be found, net income can be derived from total sales minus total expenses. In addition, cash balances must be provided. This will be either the first line item on the balance sheet or bank statements as of the last day of each fiscal year. Three years of ending cash balances must be provided for each fiscal year. Fiscal Year Ending: Net Income Net Income derived from Profit/Loss Statement? (Yes/No) Net Income calculated from total sales – total expenses? (Yes/No) Cash Balance December 31, 2017 December 31, 2018 December 31,2019 Current: JANUARY, 2020 MONTHLY BUDGET Provide the appropriate information below reflecting your business’s monthly budget for January, 2020. Budget Item Total Monthly Expenditures Monthly Net Income Computation Total Income Personnel (Salary & Wages) Fringe Benefits Equipment Inventory Supplies Occupancy (Rent & Utilities) Telecommunications Other (Specify) Other (Specify) Other (Specify) Total of All Expenditures Monthly Net Income (Total Income – Total of All Expenditures) 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 24 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Most Recent Bank Statement here. From the benefiting business. Please make certain to redact (mark out) the account number. 10109050402000000064 3 8Page of 4 8 Page of 6 8Page of 10109050404000000064 7 8Page of 8 8Page of 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 25 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Additional Documentation here. From the benefiting business. If available, other forms of documentation to demonstrate the lack of permanent working capital in support of operating expenses. Such evidence may include shutoff utility notices, delinquent bills, denied loan applications, etc 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -26 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 DOCUMENTATION of EMPLOYEE STATUS Expand as Needed Provide a list of all personnel that were employed as of January 1, 2020 as well as new hires since that date. Include the business owner(s). Indicate status of each employee. Provide the total of employees on 1/1/2020. Employee Name Employee’s Last 4 Digits of Social Security # Status on 1/1/20 Current Status Employed Hired after 12/31/19 Employed working at business location Employed working remotely Temporarily Laid Off Terminated TOTAL: 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -44 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 PARTICIPATION AGREEMENT THIS AGREEMENT is made as of the ____ day of ________, 2020 by and between the City of ____________ ("Unit of Local Government") and ______________________, Inc., (Benefiting “Business"). WHEREAS, the Unit of Local Government is interested in maintaining its economic base with the primary emphasis on retaining jobs. WHEREAS, the Unit of Local Government has entered into an agreement with the Illinois Department of Commerce and Economic Opportunity to implement an economic development program that significantly impacts upon the Unit of Local Government's economic base; and WHEREAS, the Business is interested in maintaining its employment base; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: I. GENERAL DEFINITIONS 1.1 "Application" shall mean all materials submitted by the Business to the Unit of Local Government or the State of Illinois in connection with this Agreement. 1.2 "DCEO Funds" shall mean the sum of $_____________ representing the grant received by the Unit of Local Government pursuant to its agreement with the Illinois Department of Commerce and Economic Opportunity (DCEO). II. PERFORMANCE 2.1 The Unit of Local Government agrees, subject to the terms and conditions of this Agreement, to provide grant funds to the Business for the purpose of working capital. 2.2 Grant funds shall be paid with Community Development Block Grant funds through DCEO. 2.3 Business must remain open or reopen and retain or re-employ permanent jobs prior to the grant end date (one year from grant award). 2.4 In the event the Unit of Local Government fails to receive the DCEO funds, for any reason, this Agreement shall be terminated, at the sole option of the Unit of Local Government, without fault as to either party. III. COVENANTS, REPRESENTATIONS AND WARRANTIES OF THE BUSINESS 3.1 On or prior to the date of this Agreement, all legal matters incident to this Agreement and the transactions contemplated hereby shall be satisfactory to the Unit of Local Government. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -45 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 3.2 Business represents and warrants that: (a) Business is a sole proprietorship, corporation or partnership, as the case may be, duly formed, validly existing and in good standing under the laws of Illinois, is duly licensed and duly qualified as a foreign corporation or partnership, as the case may be, in good standing in all the jurisdictions in which the character of the property owned or leased or the nature of the business conducted by it requires such licensing or qualification and has all proprietorship, corporate or partnership powers, as the case may be, and all material governmental licenses, authorizations, consents and approvals required to carry on its business as now conducted. (b) The execution, delivery and performance by Business of this Agreement, are within Business's proprietorship, corporate or partnership powers, have been duly authorized by all necessary proprietorship, corporate or partnership action, require no action by or in respect of, or filing with, any governmental body, agency or official and do not contravene any provision of applicable law or regulation or of the Articles of Incorporation or By-Laws or Partnership Agreement of Business, as the case may be. (c) This Agreement constitutes a valid and binding agreement of Business. (d) The Application is in all respects true and accurate and there are no omissions or other facts or circumstances which may be material to this Agreement or the Project. (e) The financial information delivered to Unit of Local Government pursuant to the Application fully and accurately present the financial condition of the Business. No material adverse change in the condition, financial or otherwise, of Business has occurred since the date of the financial statements most recently delivered to the Unit of Local Government. (f) Neither Business nor, to the best of Business's knowledge, any of Business's employees have been convicted of bribing or attempting to bribe an officer or employee of the Unit of Local Government, nor has the Business made an admission of guilt of such conduct which is a matter of record. 3.3 The Business shall keep detailed records of all matters related to this Agreement (including the Exhibits hereto). The Business shall provide to the Unit of Local Government all materials necessary for the Unit of Local Government to meet reporting and other requirements of this grant. 3.4 The Business shall comply with all applicable state and federal law and regulations promulgated thereunder. Business shall comply with all applicable laws and regulations prohibiting discrimination on the basis of race, sex, religion, national origin, age or handicap, including but not limited to the Illinois Human Rights Act, as now or hereafter amended, and the Equal Employment Opportunity Clause promulgated pursuant thereto. 3.5 Business shall fully and completely indemnify, defend and hold harmless the Unit of Local Government and the State of Illinois and their officers, directors, employees and 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -46 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 agents against any liability, judgment, loss, cost, claim, damage (including consequential damage) or expense (including attorney's fees and disbursements, settlement costs, consultant fees, investigation and laboratory fees) to which any of them may become subject insofar as they may arise out of or are based upon this Agreement or any agreement or document executed by Business and Unit of Local Government as part of the transaction described herein. 3.6 The Unit of Local Government shall have the right of access, at all reasonable hours, to Business's premises and books and records for purpose of determining compliance with this Agreement. In addition to the reporting specifically required hereunder, Business shall furnish to the Unit of Local Government such information as the Unit of Local Government may reasonably request with respect to this Agreement. IV. DEFAULT AND REMEDIES 4.1 If one or more of the following events ("Defaults") occurs and is not timely cured, then, the Unit of Local Government may declare Business in default under this Agreement and seek any of the enumerated remedies described in this Section. (a) Business fails to observe or perform any covenant or agreement contained in this Agreement, including the Exhibits hereto, for 10 days after written notice to cure thereof has been given to Business by the Unit of Local Government; (b) Any representation, warranty, certificate or statement made by Business in this Agreement, including the Exhibits hereto, or in any certificate, report, financial statement or other document delivered pursuant to this Agreement shall prove to have been incorrect when made in any material respect; (c) Business shall commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any substantial part of its property, or shall consent to any such relief or to the appointment of or taking possession by any such official in an involuntary case or other proceeding commenced against it, or shall make a general assignment for the benefit of creditors, or shall fail generally to pay its debts as they become due, or shall take any corporate action to authorize any of the foregoing; (d) An involuntary case or other proceeding shall be commenced against Business seeking liquidation, reorganization or other relief with respect to it or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any substantial part of its property, and such involuntary case or other proceedings shall remain undismissed and unstayed for a period of 60 days; or an order for relief shall be entered against Business under the federal bankruptcy laws as now or hereafter in effect; 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -47 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 (e) Business ceases the conduct of active trade or business in the Unit of Local Government's community for any reason, including, but not limited to, fire or other casualty; and does not reopen prior to the end date of the grant agreement. 4.2 If a Default occurs and is not timely cured, then the Unit of Local Government shall seek reimbursement from the Business for all funds (including DCEO funds) expended by the Unit of Local Government on or related to the Project, including, but not limited to working capital, equipment, architectural engineering, construction, administrative, real estate and incidental costs related thereto. 4.3 Upon notice of a Default and if said Default is not timely cured, the Unit of Local Government shall notify the Business that reimbursement shall be made to the Unit of Local Government within 30 days after said notice. If the Business fails to reimburse the Unit of Local Government within 30 days after the date of the notice, the Unit of Local Government shall have the right to collect interest on the unpaid balance beginning on the 31st day after notice at a rate equal to 12% per annum. 4.4 If the Unit of Local Government is successful in any proceeding to enforce the terms of this Agreement, then the Unit of Local Government shall have the right to obtain from the Business, as an additional remedy, attorney fees, costs and expenses, related to the proceeding. V. TERMINATION 5.1 This Agreement may be terminated at any time by written, mutual agreement of the parties, provided the Unit of Local Government has obtained written consent from the Illinois Department of Commerce and Economic Opportunity as to such termination. 5.2 This Agreement may be terminated by the Unit of Local Government whenever it issues a notice of Default to the Business and the Business does not timely cure the Default pursuant to Section IV. 5.3 This Agreement will terminate when the Project has been completed and when all of the terms and conditions of this Agreement (including the Exhibits thereto) creating duties upon the Business, have been satisfied by the Business. VI. GENERAL PROVISIONS 6.1 Notice required hereunder shall be in writing and shall be deemed to have validly served, given or delivered upon deposit in the United States mail, by registered mail, return receipt requested, at the address set forth on the signature page hereof or to such other address as each party may specify for itself by like notice. 6.2 All covenants, agreements, representations and warranties made herein and, in the certificates, delivered pursuant hereto shall survive the execution of the Agreement and shall continue in full force and effect so long as the Agreement shall be in force. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -48 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 6.3 No failure or delay by the Unit of Local Government in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law. 6.4 Wherever possible each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision shall be invalid under applicable law, such provision shall be ineffective to the extent of such invalidity without invalidating the remaining provisions of this Agreement. 6.5 This Agreement represents the full and complete agreement between the parties with respect to the matters addressed herein and there are no oral agreements or understandings between the parties. 6.6 This Agreement shall be construed in accordance with and governed by the law of the State of Illinois. 6.7 This Agreement may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. 6.8 No modification of or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the parties hereto, and provided further, that the Unit of Local Government shall obtain written consent of the Illinois Department of Commerce and Economic Opportunity prior to executing any such modification or waiver. 6.9 The Business certifies that it has not been barred from bidding on or receiving State contracts as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961 (bid rigging or bid rotating, respectively) (720 ILCS 5/33E-3 and 5/33-4). 6.10 The Business certifies that it has not been barred from being awarded a contract or subcontract under Section 50-5 of the Illinois Procurement (Code 30 ILCS 500). 6.11 The Business acknowledges that receipt of benefits under this agreement may require compliance with the Prevailing Wage Act (820 ILCS 130). Persons willfully failing to comply with or violating this act may be in violation of the Criminal Code. Questions concerning compliance with the Prevailing Wage Act should be directed to the Illinois Department of Labor. 6.12 The Unit of Local Government acknowledges that if the project as proposed by this Agreement is completed in accordance with this Agreement and the Agreement executed between the Unit of Local Government and the Department of Commerce and Economic Opportunity then the provisions cited above in 6.9; 6.10; and 6.11 do not apply to the Business but do apply to the activities to be completed by the Unit of Local Government. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -49 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 IN WITNESS WHEREOF, the parties executed this Agreement the day and year first above written. (Business Name) By: (Name of Officer) Its: President By: Honorable (Name of Mayor) Its: Mayor Address: Address: 1 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -50 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Benefiting Business’s Certificate of Good Standing from Secretary of State here. The certificate can be printed from: https://www.ilsos.gov/corporatellc/ This requirement does not apply if the benefiting business is a Sole Proprietorship. To all to whom these Presents Shall Come, Greeting: I, Jesse White, Secretary of State of the State of Illinois, do hereby certify that I am the keeper of the records of the Department of Business Services. I certify that In Testimony Whereof, I hereto set my hand and cause to be affixed the Great Seal of the State of Illinois, this day of A.D. . SECRETARY OF STATE File Number Authenticate at: Authentication #: MAY 2020 2013400204 verifiable until 05/13/2021 http://www.cyberdriveillinois.com 6028-195-5 CENTERS FOR FOOT & ANKLE SURGERY, LTD., A DOMESTIC CORPORATION, INCORPORATED UNDER THE LAWS OF THIS STATE ON DECEMBER 30, 1998, ADOPTED THE ASSUMED NAME FOOT & ANKLE CENTERS ON DECEMBER 13, 2007, APPEARS TO HAVE COMPLIED WITH ALL THE PROVISIONS OF THE BUSINESS CORPORATION ACT OF THIS STATE, AND AS OF THIS DATE, IS IN GOOD STANDING AS A DOMESTIC CORPORATION IN THE STATE OF ILLINOIS. 13TH 0 Description Quantity Basis Cost Length of time Capital Cost Personnel (Salaries and Wages)1 monthly 86,855.00$ 2 173,710.00$ Fringe Benefits 1 monthly 2,169.04$ 2 4,338.08$ Occupancy (Rent/Mortgage Payments)1 monthly 7,178.50$ 2 14,357.00$ Utilities (Electrical, Gas, Water, Sewer)1 monthly 933.99$ 2 1,867.98$ Telecommunications & Internet 1 monthly 1,777.21$ 2 3,554.42$ Inventory/Goods Necessary to do Business (medical supplies)1 monthly 10,307.03$ 2 20,614.06$ Supplies (office-related)1 monthly 561.14$ 2 1,122.28$ Contractual Services (pest control, cleaning, etc.)1 monthly -$ 2 -$ Other (specify): Insurance, malpractice 1 monthly 33,553.65$ 2 67,107.30$ Other (specify): Office Expense 1 monthly 6,245.56$ 2 12,491.12$ Other (specify): It Support all 1 monthly 5,700.00$ 2 11,400.00$ Other (specify): Repairs 1 monthly 559.00$ 2 1,118.00$ Other (specify): Accoutant/legal 1 monthly 1,260.00$ 2 2,520.00$ Other (specify): Marketing 1 monthly 1,964.00$ 2 3,928.00$ Other (specify): Equipment leases 1 monthly 1,365.00$ 2 2,730.00$ -$ State Total 320,858.24$ 320,858.24$ Working Capital Narrative (State): Section C - Budget Worksheet & Narrative 15). Working Capital: Costs directly related to the service or activities of the business. Total State-Funded Working Capital Resolution No. 2020-____ Page 1 Resolution No. 2020-_____ RESOLUTION OF SUPPORT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the City is applying to the State of Illinois for a Community Development Block Grant Program grant on behalf of Crusade Burger Bar LLC, 209 S. Bridge Street, Yorkville, IL (the “Local Business”), and WHEREAS, it is necessary that an application be made by the City on behalf of the Local Business, and agreements entered with the State of Illinois. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the City apply for a grant on behalf of the Local Business under the terms and conditions of the State of Illinois and shall enter in to and agree to the understandings and assurances contained in said application. Section 2. That the Mayor and City Clerk on behalf of the City execute such documents and all other documents necessary for the carrying out of said application. Section 3. That the Mayor and City Clerk are authorized to provide such additional information as may be required to accomplish the obtaining of such grant. Section 4. Each section, clause, and provision of this Resolution shall be considered as separable, and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses, or provisions of this Resolution Section 5. That this resolution shall be in full force and effect upon its passage and approval as provided by law. Resolution No. 2020-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ JACKIE MILSCHEWSKI _________ ARDEN JOE PLOCHER _________ CHRIS FUNKHOUSER _________ JOEL FRIEDERS _________ SEAVER TARULIS _________ JASON PETERSON _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Customer slipped and fell, pending case is being handled by our insurance company. 0 Description Quantity Basis Cost Length of time Capital Cost Personnel (Salaries and Wages)68 hourly 15.00$ 300 306,000.00$ Fringe Benefits 0 0 -$ 0 -$ Occupancy (Rent/Mortgage Payments)1 monthly 10,757.00$ 2 21,514.00$ Utilities (Electrical, Gas, Water, Sewer)1 monthly 3,600.00$ 2 7,200.00$ Telecommunications & Internet 1 monthly 400.00$ 2 800.00$ Inventory/Goods Necessary to do Business 1 monthly 50,000.00$ 2 100,000.00$ Supplies (office-related)1 monthly 500.00$ 2 1,000.00$ Contractual Services (pest control, cleaning, etc.)1 monthly 600.00$ 2 1,200.00$ Other (specify): Credit Card Processing Fees 1 monthly 5,000.00$ 2 10,000.00$ Other (specify): -$ -$ State Total 447,714.00$ 447,714.00$ Working Capital Narrative (State): Section C - Budget Worksheet & Narrative 15). Working Capital: Costs directly related to the service or activities of the business. Total State-Funded Working Capital Salaries, wages, rent, utilities, internet/phone, inventory, printer ink, sanitizing supplies, PPE, contractual services such as linen services, rent on equipment, & pest control. Resolution No. 2020-____ Page 1 Resolution No. 2020-_____ RESOLUTION OF SUPPORT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the City is applying to the State of Illinois for a Community Development Block Grant Program grant on behalf of Fast Burrito, Inc., 1214 N. Bridge Street, Yorkville, IL (the “Local Business”), and WHEREAS, it is necessary that an application be made by the City on behalf of the Local Business, and agreements entered with the State of Illinois. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the City apply for a grant on behalf of the Local Business under the terms and conditions of the State of Illinois and shall enter in to and agree to the understandings and assurances contained in said application. Section 2. That the Mayor and City Clerk on behalf of the City execute such documents and all other documents necessary for the carrying out of said application. Section 3. That the Mayor and City Clerk are authorized to provide such additional information as may be required to accomplish the obtaining of such grant. Section 4. Each section, clause, and provision of this Resolution shall be considered as separable, and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses, or provisions of this Resolution Section 5. That this resolution shall be in full force and effect upon its passage and approval as provided by law. Resolution No. 2020-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ JACKIE MILSCHEWSKI _________ ARDEN JOE PLOCHER _________ CHRIS FUNKHOUSER _________ JOEL FRIEDERS _________ SEAVER TARULIS _________ JASON PETERSON _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ MAYOR Attest: ______________________________ CITY CLERK 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 15 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 DOWNSTATE SMALL BUSINESS STABILIZATION PROGRAM APPLICATION FORMS 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 20 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 IV. BENEFITING BUSINESS INFORMATION Name of Business this application is in support of: Supported Business Name: Is Business operating under an Assumed Name? (see 805 ILCS 405) _____ Yes, registered in ________________ County _ __ No Supported Business Address 1: Supported Business Address 2: Supported Business City: Supported Business State: Supported Business Zip: 99999-9999: Supported Business Phone Number ______________________________________________________ Supported Business E-Mail Address: Supported Business FEIN or ITIN: Supported Business DUNS (if not available, insert N./A): Supported Business SIC: https://www.naics.com/sic-codes-industry-drilldown/ Supported Business Authorized Signatory Contact: Signatory must sign Participation Agreement and Business Certification Form Last Name: First Name: Title: Daytime Phone: Home Phone: E-Mail: Has this business received federal or state funding (loans, grants or other assistance) related to the COVID19 emergency? _ _ No _ _ Yes If yes, provide the name/type of assistance and amount: Funding Program Name:_________________________________ Amount Received: $_______________ Funding Program Name:_________________________________ Amount Received: $_______________ BANKRUPTCY: Has the firm, officers or principals of the firm ever been involved in bankruptcy or insolvency procedures? _ _ No __ _ Yes If yes, provide details: PENDING LAWSUITS: Is the business or any officers or principals of the business involved in any lawsuits? _ _ No _ __ Yes If yes, provide details Fast Burrito, Inc. 1214 N Bridge St. Yorkville IL 60560 (630)882-8858 fastburritoinc@yahoo.com 90-0208851 NA 5812-Eating place Alcantara Gerardo President 630-901-6253 630-901-6253 fastburritoinc@yahoo.com 4 4 4 4 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 21 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Uniform GATA Budget-DSBS here. Completed by the local government and benefiting business. The Uniform Grant Application can be found at the bottom of this webpage: https://www2.illinois.gov/dceo/CommunityServices/CommunityInfrastructure/Pages/DownstateSmBizStabilizaition.aspx PLEASE FOLLOW DIRECTIONS BEGINNING ON PAGE 9 OF THE GUIDEBOOK TO COMPLETE THE GATA BUDGET-DSBS 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 22 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Project Summary here Provide a summary of the business’ present situation. This should include a brief description of the Business, e.g., type of firm, its product or service, and how long they have been in business. Describe how the CDBG funds will be used and reasons why they are needed in order for the Business to be in a position to retain jobs. Specific needs need to be identified. Explain what circumstances make this project necessary, in maintaining adequate permanent working capital to sustain operating needs. Fast Burrito has been open in Yorkville since March 2005. We are a small family owned business. Our specialty restaurant serves authentic Mexican Food. We employ 5 people. COVID-19 has negatively impacted our business as our dining room is closed and our inventory costs have increased significantly, and our sales have been down drastically. We would use this money to cover the costs of our payroll and other expenses such as rent and utilities. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 24 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Most Recent Bank Statement here. From the benefiting business. Please make certain to redact (mark out) the account number. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 25 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Additional Documentation here. From the benefiting business. If available, other forms of documentation to demonstrate the lack of permanent working capital in support of operating expenses. Such evidence may include shutoff utility notices, delinquent bills, denied loan applications, etc 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -44 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 PARTICIPATION AGREEMENT THIS AGREEMENT is made as of the ____ day of ________, 2020 by and between the City of ____________ ("Unit of Local Government") and ______________________, Inc., (Benefiting “Business"). WHEREAS, the Unit of Local Government is interested in maintaining its economic base with the primary emphasis on retaining jobs. WHEREAS, the Unit of Local Government has entered into an agreement with the Illinois Department of Commerce and Economic Opportunity to implement an economic development program that significantly impacts upon the Unit of Local Government's economic base; and WHEREAS, the Business is interested in maintaining its employment base; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: I. GENERAL DEFINITIONS 1.1 "Application" shall mean all materials submitted by the Business to the Unit of Local Government or the State of Illinois in connection with this Agreement. 1.2 "DCEO Funds" shall mean the sum of $_____________ representing the grant received by the Unit of Local Government pursuant to its agreement with the Illinois Department of Commerce and Economic Opportunity (DCEO). II. PERFORMANCE 2.1 The Unit of Local Government agrees, subject to the terms and conditions of this Agreement, to provide grant funds to the Business for the purpose of working capital. 2.2 Grant funds shall be paid with Community Development Block Grant funds through DCEO. 2.3 Business must remain open or reopen and retain or re-employ permanent jobs prior to the grant end date (one year from grant award). 2.4 In the event the Unit of Local Government fails to receive the DCEO funds, for any reason, this Agreement shall be terminated, at the sole option of the Unit of Local Government, without fault as to either party. III. COVENANTS, REPRESENTATIONS AND WARRANTIES OF THE BUSINESS 3.1 On or prior to the date of this Agreement, all legal matters incident to this Agreement and the transactions contemplated hereby shall be satisfactory to the Unit of Local Government. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -45 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 3.2 Business represents and warrants that: (a) Business is a sole proprietorship, corporation or partnership, as the case may be, duly formed, validly existing and in good standing under the laws of Illinois, is duly licensed and duly qualified as a foreign corporation or partnership, as the case may be, in good standing in all the jurisdictions in which the character of the property owned or leased or the nature of the business conducted by it requires such licensing or qualification and has all proprietorship, corporate or partnership powers, as the case may be, and all material governmental licenses, authorizations, consents and approvals required to carry on its business as now conducted. (b) The execution, delivery and performance by Business of this Agreement, are within Business's proprietorship, corporate or partnership powers, have been duly authorized by all necessary proprietorship, corporate or partnership action, require no action by or in respect of, or filing with, any governmental body, agency or official and do not contravene any provision of applicable law or regulation or of the Articles of Incorporation or By-Laws or Partnership Agreement of Business, as the case may be. (c) This Agreement constitutes a valid and binding agreement of Business. (d) The Application is in all respects true and accurate and there are no omissions or other facts or circumstances which may be material to this Agreement or the Project. (e) The financial information delivered to Unit of Local Government pursuant to the Application fully and accurately present the financial condition of the Business. No material adverse change in the condition, financial or otherwise, of Business has occurred since the date of the financial statements most recently delivered to the Unit of Local Government. (f) Neither Business nor, to the best of Business's knowledge, any of Business's employees have been convicted of bribing or attempting to bribe an officer or employee of the Unit of Local Government, nor has the Business made an admission of guilt of such conduct which is a matter of record. 3.3 The Business shall keep detailed records of all matters related to this Agreement (including the Exhibits hereto). The Business shall provide to the Unit of Local Government all materials necessary for the Unit of Local Government to meet reporting and other requirements of this grant. 3.4 The Business shall comply with all applicable state and federal law and regulations promulgated thereunder. Business shall comply with all applicable laws and regulations prohibiting discrimination on the basis of race, sex, religion, national origin, age or handicap, including but not limited to the Illinois Human Rights Act, as now or hereafter amended, and the Equal Employment Opportunity Clause promulgated pursuant thereto. 3.5 Business shall fully and completely indemnify, defend and hold harmless the Unit of Local Government and the State of Illinois and their officers, directors, employees and 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -46 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 agents against any liability, judgment, loss, cost, claim, damage (including consequential damage) or expense (including attorney's fees and disbursements, settlement costs, consultant fees, investigation and laboratory fees) to which any of them may become subject insofar as they may arise out of or are based upon this Agreement or any agreement or document executed by Business and Unit of Local Government as part of the transaction described herein. 3.6 The Unit of Local Government shall have the right of access, at all reasonable hours, to Business's premises and books and records for purpose of determining compliance with this Agreement. In addition to the reporting specifically required hereunder, Business shall furnish to the Unit of Local Government such information as the Unit of Local Government may reasonably request with respect to this Agreement. IV. DEFAULT AND REMEDIES 4.1 If one or more of the following events ("Defaults") occurs and is not timely cured, then, the Unit of Local Government may declare Business in default under this Agreement and seek any of the enumerated remedies described in this Section. (a) Business fails to observe or perform any covenant or agreement contained in this Agreement, including the Exhibits hereto, for 10 days after written notice to cure thereof has been given to Business by the Unit of Local Government; (b) Any representation, warranty, certificate or statement made by Business in this Agreement, including the Exhibits hereto, or in any certificate, report, financial statement or other document delivered pursuant to this Agreement shall prove to have been incorrect when made in any material respect; (c) Business shall commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any substantial part of its property, or shall consent to any such relief or to the appointment of or taking possession by any such official in an involuntary case or other proceeding commenced against it, or shall make a general assignment for the benefit of creditors, or shall fail generally to pay its debts as they become due, or shall take any corporate action to authorize any of the foregoing; (d) An involuntary case or other proceeding shall be commenced against Business seeking liquidation, reorganization or other relief with respect to it or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any substantial part of its property, and such involuntary case or other proceedings shall remain undismissed and unstayed for a period of 60 days; or an order for relief shall be entered against Business under the federal bankruptcy laws as now or hereafter in effect; 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -47 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 (e) Business ceases the conduct of active trade or business in the Unit of Local Government's community for any reason, including, but not limited to, fire or other casualty; and does not reopen prior to the end date of the grant agreement. 4.2 If a Default occurs and is not timely cured, then the Unit of Local Government shall seek reimbursement from the Business for all funds (including DCEO funds) expended by the Unit of Local Government on or related to the Project, including, but not limited to working capital, equipment, architectural engineering, construction, administrative, real estate and incidental costs related thereto. 4.3 Upon notice of a Default and if said Default is not timely cured, the Unit of Local Government shall notify the Business that reimbursement shall be made to the Unit of Local Government within 30 days after said notice. If the Business fails to reimburse the Unit of Local Government within 30 days after the date of the notice, the Unit of Local Government shall have the right to collect interest on the unpaid balance beginning on the 31st day after notice at a rate equal to 12% per annum. 4.4 If the Unit of Local Government is successful in any proceeding to enforce the terms of this Agreement, then the Unit of Local Government shall have the right to obtain from the Business, as an additional remedy, attorney fees, costs and expenses, related to the proceeding. V. TERMINATION 5.1 This Agreement may be terminated at any time by written, mutual agreement of the parties, provided the Unit of Local Government has obtained written consent from the Illinois Department of Commerce and Economic Opportunity as to such termination. 5.2 This Agreement may be terminated by the Unit of Local Government whenever it issues a notice of Default to the Business and the Business does not timely cure the Default pursuant to Section IV. 5.3 This Agreement will terminate when the Project has been completed and when all of the terms and conditions of this Agreement (including the Exhibits thereto) creating duties upon the Business, have been satisfied by the Business. VI. GENERAL PROVISIONS 6.1 Notice required hereunder shall be in writing and shall be deemed to have validly served, given or delivered upon deposit in the United States mail, by registered mail, return receipt requested, at the address set forth on the signature page hereof or to such other address as each party may specify for itself by like notice. 6.2 All covenants, agreements, representations and warranties made herein and, in the certificates, delivered pursuant hereto shall survive the execution of the Agreement and shall continue in full force and effect so long as the Agreement shall be in force. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -48 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 6.3 No failure or delay by the Unit of Local Government in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law. 6.4 Wherever possible each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision shall be invalid under applicable law, such provision shall be ineffective to the extent of such invalidity without invalidating the remaining provisions of this Agreement. 6.5 This Agreement represents the full and complete agreement between the parties with respect to the matters addressed herein and there are no oral agreements or understandings between the parties. 6.6 This Agreement shall be construed in accordance with and governed by the law of the State of Illinois. 6.7 This Agreement may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. 6.8 No modification of or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the parties hereto, and provided further, that the Unit of Local Government shall obtain written consent of the Illinois Department of Commerce and Economic Opportunity prior to executing any such modification or waiver. 6.9 The Business certifies that it has not been barred from bidding on or receiving State contracts as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961 (bid rigging or bid rotating, respectively) (720 ILCS 5/33E-3 and 5/33-4). 6.10 The Business certifies that it has not been barred from being awarded a contract or subcontract under Section 50-5 of the Illinois Procurement (Code 30 ILCS 500). 6.11 The Business acknowledges that receipt of benefits under this agreement may require compliance with the Prevailing Wage Act (820 ILCS 130). Persons willfully failing to comply with or violating this act may be in violation of the Criminal Code. Questions concerning compliance with the Prevailing Wage Act should be directed to the Illinois Department of Labor. 6.12 The Unit of Local Government acknowledges that if the project as proposed by this Agreement is completed in accordance with this Agreement and the Agreement executed between the Unit of Local Government and the Department of Commerce and Economic Opportunity then the provisions cited above in 6.9; 6.10; and 6.11 do not apply to the Business but do apply to the activities to be completed by the Unit of Local Government. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -49 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 IN WITNESS WHEREOF, the parties executed this Agreement the day and year first above written. (Business Name) By: (Name of Officer) Its: President By: Honorable (Name of Mayor) Its: Mayor Address: Address: 1 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -50 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Benefiting Business’s Certificate of Good Standing from Secretary of State here. The certificate can be printed from: https://www.ilsos.gov/corporatellc/ This requirement does not apply if the benefiting business is a Sole Proprietorship. 0 Description Quantity Basis Cost Length of time Capital Cost Personnel (Salaries and Wages)1 Monthly 7,855.71$ 2 15,711.42$ Fringe Benefits -$ Occupancy (Rent/Mortgage Payments)1 Monthly 4,015.97$ 2 8,031.94$ Utilities (Electrical, Gas, Water, Sewer)1 Monthly 1,422.62$ 2 2,845.24$ Telecommunications & Internet 1 Monthly 294.06$ 2 588.12$ Inventory/Goods Necessary to do Business 1 Monthly 17,756.65$ 2 35,513.30$ Supplies (office-related)1 Monthly 24.68$ 2 49.36$ Contractual Services (pest control, cleaning, etc.)1 Monthly 43.00$ 2 86.00$ Other (specify): CC and Bank Fees 1 Monthly 1,168.62$ 2 2,337.24$ Other (specify): Repairs & Maintenance 1 Monthly 673.43$ 2 1,346.86$ Professional Fees 1 Monthly 624.61$ 2 1,249.22$ State Total 67,758.70$ 67,758.70$ Working Capital Narrative (State): Section C - Budget Worksheet & Narrative 15). Working Capital: Costs directly related to the service or activities of the business. Total State-Funded Working Capital Resolution No. 2020-____ Page 1 Resolution No. 2020-_____ RESOLUTION OF SUPPORT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the City is applying to the State of Illinois for a Community Development Block Grant Program grant on behalf of Ginger and Soul Inc., 131 E. Hydraulic, Yorkville, IL (the “Local Business”), and WHEREAS, it is necessary that an application be made by the City on behalf of the Local Business, and agreements entered with the State of Illinois. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the City apply for a grant on behalf of the Local Business under the terms and conditions of the State of Illinois and shall enter in to and agree to the understandings and assurances contained in said application. Section 2. That the Mayor and City Clerk on behalf of the City execute such documents and all other documents necessary for the carrying out of said application. Section 3. That the Mayor and City Clerk are authorized to provide such additional information as may be required to accomplish the obtaining of such grant. Section 4. Each section, clause, and provision of this Resolution shall be considered as separable, and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses, or provisions of this Resolution Section 5. That this resolution shall be in full force and effect upon its passage and approval as provided by law. Resolution No. 2020-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ JACKIE MILSCHEWSKI _________ ARDEN JOE PLOCHER _________ CHRIS FUNKHOUSER _________ JOEL FRIEDERS _________ SEAVER TARULIS _________ JASON PETERSON _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ MAYOR Attest: ______________________________ CITY CLERK 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 15 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 DOWNSTATE SMALL BUSINESS STABILIZATION PROGRAM APPLICATION FORMS 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 20 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 IV. BENEFITING BUSINESS INFORMATION Name of Business this application is in support of: Supported Business Name: Is Business operating under an Assumed Name? (see 805 ILCS 405) _____ Yes, registered in ________________ County _ __ No Supported Business Address 1: Supported Business Address 2: Supported Business City: Supported Business State: Supported Business Zip: 99999-9999: Supported Business Phone Number ______________________________________________________ Supported Business E-Mail Address: Supported Business FEIN or ITIN: Supported Business DUNS (if not available, insert N./A): Supported Business SIC: https://www.naics.com/sic-codes-industry-drilldown/ Supported Business Authorized Signatory Contact: Signatory must sign Participation Agreement and Business Certification Form Last Name: First Name: Title: Daytime Phone: Home Phone: E-Mail: Has this business received federal or state funding (loans, grants or other assistance) related to the COVID19 emergency? _ _ No _ _ Yes If yes, provide the name/type of assistance and amount: Funding Program Name:_________________________________ Amount Received: $_______________ Funding Program Name:_________________________________ Amount Received: $_______________ BANKRUPTCY: Has the firm, officers or principals of the firm ever been involved in bankruptcy or insolvency procedures? _ _ No __ _ Yes If yes, provide details: PENDING LAWSUITS: Is the business or any officers or principals of the business involved in any lawsuits? _ _ No _ __ Yes If yes, provide details Ginger and Soul Inc. 131 E Hydraulic STE C Yorkville IL 60560 630-440-4017 kate@gingerandsoulrestaurant.com 47-3073704 055153730 5812 McNamaraKateOwner630-440-4017samekate@gingerandsoulrestaurant.com Paycheck Protection Program Loan 8950EIDL Loan 4000 4 4 4 4 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 21 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Uniform GATA Budget-DSBS here. Completed by the local government and benefiting business. The Uniform Grant Application can be found at the bottom of this webpage: https://www2.illinois.gov/dceo/CommunityServices/CommunityInfrastructure/Pages/DownstateSmBizStabilizaition.aspx PLEASE FOLLOW DIRECTIONS BEGINNING ON PAGE 9 OF THE GUIDEBOOK TO COMPLETE THE GATA BUDGET-DSBS 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 22 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Project Summary here Provide a summary of the business’ present situation. This should include a brief description of the Business, e.g., type of firm, its product or service, and how long they have been in business. Describe how the CDBG funds will be used and reasons why they are needed in order for the Business to be in a position to retain jobs. Specific needs need to be identified. Explain what circumstances make this project necessary, in maintaining adequate permanent working capital to sustain operating needs. Ginger and Soul is a restaurant and catering company located in Yorkville, Illinois. We are a small business that has been established since February of 2015 and employs five people along with seasonal help. Covid 19 has hurt the business greatly. Our dining room is closed and we are offering curbside and delivery service, only. Also, we normally do many catering jobs, and these events have been canceled. Revenue has been drastically reduced. The CDBG funds will allow Ginger and Soul to maintain all their employees on payroll as well as acquire supplies needed to carry out jobs. The funds would also allow for rent and utilities to be paid until the restaurant is allowed to open in full capability and capacity again. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 24 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Most Recent Bank Statement here. From the benefiting business. Please make certain to redact (mark out) the account number. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 25 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Additional Documentation here. From the benefiting business. If available, other forms of documentation to demonstrate the lack of permanent working capital in support of operating expenses. Such evidence may include shutoff utility notices, delinquent bills, denied loan applications, etc 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -44 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 PARTICIPATION AGREEMENT THIS AGREEMENT is made as of the ____ day of ________, 2020 by and between the City of ____________ ("Unit of Local Government") and ______________________, Inc., (Benefiting “Business"). WHEREAS, the Unit of Local Government is interested in maintaining its economic base with the primary emphasis on retaining jobs. WHEREAS, the Unit of Local Government has entered into an agreement with the Illinois Department of Commerce and Economic Opportunity to implement an economic development program that significantly impacts upon the Unit of Local Government's economic base; and WHEREAS, the Business is interested in maintaining its employment base; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: I. GENERAL DEFINITIONS 1.1 "Application" shall mean all materials submitted by the Business to the Unit of Local Government or the State of Illinois in connection with this Agreement. 1.2 "DCEO Funds" shall mean the sum of $_____________ representing the grant received by the Unit of Local Government pursuant to its agreement with the Illinois Department of Commerce and Economic Opportunity (DCEO). II. PERFORMANCE 2.1 The Unit of Local Government agrees, subject to the terms and conditions of this Agreement, to provide grant funds to the Business for the purpose of working capital. 2.2 Grant funds shall be paid with Community Development Block Grant funds through DCEO. 2.3 Business must remain open or reopen and retain or re-employ permanent jobs prior to the grant end date (one year from grant award). 2.4 In the event the Unit of Local Government fails to receive the DCEO funds, for any reason, this Agreement shall be terminated, at the sole option of the Unit of Local Government, without fault as to either party. III. COVENANTS, REPRESENTATIONS AND WARRANTIES OF THE BUSINESS 3.1 On or prior to the date of this Agreement, all legal matters incident to this Agreement and the transactions contemplated hereby shall be satisfactory to the Unit of Local Government. 6 MayYorkvilleGinger and Soul 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -45 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 3.2 Business represents and warrants that: (a)Business is a sole proprietorship, corporation or partnership, as the case may be, duly formed, validly existing and in good standing under the laws of Illinois, is duly licensed and duly qualified as a foreign corporation or partnership, as the case may be, in good standing in all the jurisdictions in which the character of the property owned or leased or the nature of the business conducted by it requires such licensing or qualification and has all proprietorship, corporate or partnership powers, as the case may be, and all material governmental licenses, authorizations, consents and approvals required to carry on its business as now conducted. (b) The execution, delivery and performance by Business of this Agreement, are within Business's proprietorship, corporate or partnership powers, have been duly authorized by all necessary proprietorship, corporate or partnership action, require no action by or in respect of, or filing with, any governmental body, agency or official and do not contravene any provision of applicable law or regulation or of the Articles of Incorporation or By-Laws or Partnership Agreement of Business, as the case may be. (c)This Agreement constitutes a valid and binding agreement of Business. (d) The Application is in all respects true and accurate and there are no omissions or other facts or circumstances which may be material to this Agreement or the Project. (e)The financial information delivered to Unit of Local Government pursuant to the Application fully and accurately present the financial condition of the Business. No material adverse change in the condition, financial or otherwise, of Business has occurred since the date of the financial statements most recently delivered to the Unit of Local Government. (f)Neither Business nor, to the best of Business's knowledge, any of Business's employees have been convicted of bribing or attempting to bribe an officer or employee of the Unit of Local Government, nor has the Business made an admission of guilt of such conduct which is a matter of record. 3.3 The Business shall keep detailed records of all matters related to this Agreement (including the Exhibits hereto). The Business shall provide to the Unit of Local Government all materials necessary for the Unit of Local Government to meet reporting and other requirements of this grant. 3.4 The Business shall comply with all applicable state and federal law and regulations promulgated thereunder. Business shall comply with all applicable laws and regulations prohibiting discrimination on the basis of race, sex, religion, national origin, age or handicap, including but not limited to the Illinois Human Rights Act, as now or hereafter amended, and the Equal Employment Opportunity Clause promulgated pursuant thereto. 3.5 Business shall fully and completely indemnify, defend and hold harmless the Unit of Local Government and the State of Illinois and their officers, directors, employees and 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -46 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 agents against any liability, judgment, loss, cost, claim, damage (including consequential damage) or expense (including attorney's fees and disbursements, settlement costs, consultant fees, investigation and laboratory fees) to which any of them may become subject insofar as they may arise out of or are based upon this Agreement or any agreement or document executed by Business and Unit of Local Government as part of the transaction described herein. 3.6 The Unit of Local Government shall have the right of access, at all reasonable hours, to Business's premises and books and records for purpose of determining compliance with this Agreement. In addition to the reporting specifically required hereunder, Business shall furnish to the Unit of Local Government such information as the Unit of Local Government may reasonably request with respect to this Agreement. IV.DEFAULT AND REMEDIES 4.1 If one or more of the following events ("Defaults") occurs and is not timely cured, then, the Unit of Local Government may declare Business in default under this Agreement and seek any of the enumerated remedies described in this Section. (a)Business fails to observe or perform any covenant or agreement contained in this Agreement, including the Exhibits hereto, for 10 days after written notice to cure thereof has been given to Business by the Unit of Local Government; (b) Any representation, warranty, certificate or statement made by Business in this Agreement, including the Exhibits hereto, or in any certificate, report, financial statement or other document delivered pursuant to this Agreement shall prove to have been incorrect when made in any material respect; (c)Business shall commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any substantial part of its property, or shall consent to any such relief or to the appointment of or taking possession by any such official in an involuntary case or other proceeding commenced against it, or shall make a general assignment for the benefit of creditors, or shall fail generally to pay its debts as they become due, or shall take any corporate action to authorize any of the foregoing; (d) An involuntary case or other proceeding shall be commenced against Business seeking liquidation, reorganization or other relief with respect to it or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any substantial part of its property, and such involuntary case or other proceedings shall remain undismissed and unstayed for a period of 60 days; or an order for relief shall be entered against Business under the federal bankruptcy laws as now or hereafter in effect; 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -47 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 (e)Business ceases the conduct of active trade or business in the Unit of Local Government's community for any reason, including, but not limited to, fire or other casualty; and does not reopen prior to the end date of the grant agreement. 4.2 If a Default occurs and is not timely cured, then the Unit of Local Government shall seek reimbursement from the Business for all funds (including DCEO funds) expended by the Unit of Local Government on or related to the Project, including, but not limited to working capital, equipment, architectural engineering, construction, administrative, real estate and incidental costs related thereto. 4.3 Upon notice of a Default and if said Default is not timely cured, the Unit of Local Government shall notify the Business that reimbursement shall be made to the Unit of Local Government within 30 days after said notice. If the Business fails to reimburse the Unit of Local Government within 30 days after the date of the notice, the Unit of Local Government shall have the right to collect interest on the unpaid balance beginning on the 31st day after notice at a rate equal to 12% per annum. 4.4 If the Unit of Local Government is successful in any proceeding to enforce the terms of this Agreement, then the Unit of Local Government shall have the right to obtain from the Business, as an additional remedy, attorney fees, costs and expenses, related to the proceeding. V.TERMINATION 5.1 This Agreement may be terminated at any time by written, mutual agreement of the parties, provided the Unit of Local Government has obtained written consent from the Illinois Department of Commerce and Economic Opportunity as to such termination. 5.2 This Agreement may be terminated by the Unit of Local Government whenever it issues a notice of Default to the Business and the Business does not timely cure the Default pursuant to Section IV. 5.3 This Agreement will terminate when the Project has been completed and when all of the terms and conditions of this Agreement (including the Exhibits thereto) creating duties upon the Business, have been satisfied by the Business. VI.GENERAL PROVISIONS 6.1 Notice required hereunder shall be in writing and shall be deemed to have validly served, given or delivered upon deposit in the United States mail, by registered mail, return receipt requested, at the address set forth on the signature page hereof or to such other address as each party may specify for itself by like notice. 6.2 All covenants, agreements, representations and warranties made herein and, in the certificates, delivered pursuant hereto shall survive the execution of the Agreement and shall continue in full force and effect so long as the Agreement shall be in force. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -48 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 6.3 No failure or delay by the Unit of Local Government in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law. 6.4 Wherever possible each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision shall be invalid under applicable law, such provision shall be ineffective to the extent of such invalidity without invalidating the remaining provisions of this Agreement. 6.5 This Agreement represents the full and complete agreement between the parties with respect to the matters addressed herein and there are no oral agreements or understandings between the parties. 6.6 This Agreement shall be construed in accordance with and governed by the law of the State of Illinois. 6.7 This Agreement may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. 6.8 No modification of or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the parties hereto, and provided further, that the Unit of Local Government shall obtain written consent of the Illinois Department of Commerce and Economic Opportunity prior to executing any such modification or waiver. 6.9 The Business certifies that it has not been barred from bidding on or receiving State contracts as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961 (bid rigging or bid rotating, respectively) (720 ILCS 5/33E-3 and 5/33-4). 6.10 The Business certifies that it has not been barred from being awarded a contract or subcontract under Section 50-5 of the Illinois Procurement (Code 30 ILCS 500). 6.11 The Business acknowledges that receipt of benefits under this agreement may require compliance with the Prevailing Wage Act (820 ILCS 130). Persons willfully failing to comply with or violating this act may be in violation of the Criminal Code. Questions concerning compliance with the Prevailing Wage Act should be directed to the Illinois Department of Labor. 6.12 The Unit of Local Government acknowledges that if the project as proposed by this Agreement is completed in accordance with this Agreement and the Agreement executed between the Unit of Local Government and the Department of Commerce and Economic Opportunity then the provisions cited above in 6.9; 6.10; and 6.11 do not apply to the Business but do apply to the activities to be completed by the Unit of Local Government. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -49 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 IN WITNESS WHEREOF, the parties executed this Agreement the day and year first above written. (Business Name) By: (Name of Officer) Its: President By: Honorable (Name of Mayor) Its: Mayor Address: Address: 1 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -50 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Benefiting Business’s Certificate of Good Standing from Secretary of State here. The certificate can be printed from: https://www.ilsos.gov/corporatellc/ This requirement does not apply if the benefiting business is a Sole Proprietorship. 0 Description Quantity Basis Cost Length of time Capital Cost Personnel (Salaries and Wages)1 Monthly 6,106.81$ 2 12,213.62$ Fringe Benefits 1 Monthly 312.34$ 2 624.68$ Occupancy (Rent/Mortgage Payments)1 Monthly 350.00$ 2 700.00$ Utilities (Electrical, Gas, Water, Sewer)1 Monthly 973.29$ 2 1,946.58$ Telecommunications & Internet 1 Monthly 90.49$ 2 180.98$ Inventory/Goods Necessary to do Business 1 Monthly 5,379.85$ 2 10,759.70$ Supplies (office-related)1 Monthly 288.73$ 2 577.46$ Contractual Services (pest control, cleaning, etc.)1 Monthly 665.28$ 2 1,330.56$ Other (specify): Dues & Subscriptions 1 Monthly 1,173.74$ 2 2,347.48$ Other (specify): Insurance 1 Monthly 426.15$ 2 852.30$ -$ State Total 31,533.36$ 31,533.36$ Working Capital Narrative (State): Section C - Budget Worksheet & Narrative 15). Working Capital: Costs directly related to the service or activities of the business. Total State-Funded Working Capital Resolution No. 2020-____ Page 1 Resolution No. 2020-_____ RESOLUTION OF SUPPORT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the City is applying to the State of Illinois for a Community Development Block Grant Program grant on behalf of HNM Corporation, 227 Heustis Street, Yorkville, IL (the “Local Business”), and WHEREAS, it is necessary that an application be made by the City on behalf of the Local Business, and agreements entered with the State of Illinois. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the City apply for a grant on behalf of the Local Business under the terms and conditions of the State of Illinois and shall enter in to and agree to the understandings and assurances contained in said application. Section 2. That the Mayor and City Clerk on behalf of the City execute such documents and all other documents necessary for the carrying out of said application. Section 3. That the Mayor and City Clerk are authorized to provide such additional information as may be required to accomplish the obtaining of such grant. Section 4. Each section, clause, and provision of this Resolution shall be considered as separable, and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses, or provisions of this Resolution Section 5. That this resolution shall be in full force and effect upon its passage and approval as provided by law. Resolution No. 2020-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ JACKIE MILSCHEWSKI _________ ARDEN JOE PLOCHER _________ CHRIS FUNKHOUSER _________ JOEL FRIEDERS _________ SEAVER TARULIS _________ JASON PETERSON _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ MAYOR Attest: ______________________________ CITY CLERK 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 15 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 DOWNSTATE SMALL BUSINESS STABILIZATION PROGRAM APPLICATION FORMS 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 20 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 IV. BENEFITING BUSINESS INFORMATION Name of Business this application is in support of: Supported Business Name: Is Business operating under an Assumed Name? (see 805 ILCS 405) _____ Yes, registered in ________________ County _____ No Supported Business Address 1: Supported Business Address 2: Supported Business City: Supported Business State: Supported Business Zip: 99999-9999: Supported Business Phone Number ______________________________________________________ Supported Business E-Mail Address: Supported Business FEIN or ITIN: Supported Business DUNS (if not available, insert N./A): Supported Business SIC: https://www.naics.com/sic-codes-industry-drilldown/ Supported Business Authorized Signatory Contact: Signatory must sign Participation Agreement and Business Certification Form Last Name: First Name: Title: Daytime Phone: Home Phone: E-Mail: Has this business received federal or state funding (loans, grants or other assistance) related to the COVID19 emergency? _____ No _____ Yes If yes, provide the name/type of assistance and amount: Funding Program Name:_________________________________ Amount Received: $_______________ Funding Program Name:_________________________________ Amount Received: $_______________ BANKRUPTCY: Has the firm, officers or principals of the firm ever been involved in bankruptcy or insolvency procedures? ____ No _____ Yes If yes, provide details: PENDING LAWSUITS: Is the business or any officers or principals of the business involved in any lawsuits? ____ No _____ Yes If yes, provide details 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 21 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Uniform GATA Budget-DSBS here. Completed by the local government and benefiting business. The Uniform Grant Application can be found at the bottom of this webpage: https://www2.illinois.gov/dceo/CommunityServices/CommunityInfrastructure/Pages/DownstateSmBizStabilizaition.aspx PLEASE FOLLOW DIRECTIONS BEGINNING ON PAGE 9 OF THE GUIDEBOOK TO COMPLETE THE GATA BUDGET-DSBS 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 22 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Project Summary here Provide a summary of the business’ present situation. This should include a brief description of the Business, e.g., type of firm, its product or service, and how long they have been in business. Describe how the CDBG funds will be used and reasons why they are needed in order for the Business to be in a position to retain jobs. Specific needs need to be identified. Explain what circumstances make this project necessary, in maintaining adequate permanent working capital to sustain operating needs. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 23 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 NET INCOME VERIFICATION The business must identify their net income for the last three fiscal years beginning January 1, 2017 and ending December 31, 2019. Net income can be obtained from the Profit and Loss statement, generally the last item on that statement. If the Profit and Loss statements cannot be found, net income can be derived from total sales minus total expenses. In addition, cash balances must be provided. This will be either the first line item on the balance sheet or bank statements as of the last day of each fiscal year. Three years of ending cash balances must be provided for each fiscal year. Fiscal Year Ending: Net Income Net Income derived from Profit/Loss Statement? (Yes/No) Net Income calculated from total sales – total expenses? (Yes/No) Cash Balance December 31, 2017 December 31, 2018 December 31,2019 Current: JANUARY, 2020 MONTHLY BUDGET Provide the appropriate information below reflecting your business’s monthly budget for January, 2020. Budget Item Total Monthly Expenditures Monthly Net Income Computation Total Income Personnel (Salary & Wages) Fringe Benefits Equipment Inventory Supplies Occupancy (Rent & Utilities) Telecommunications Other (Specify) Other (Specify) Other (Specify) Total of All Expenditures Monthly Net Income (Total Income – Total of All Expenditures) 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 24 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Most Recent Bank Statement here. From the benefiting business. Please make certain to redact (mark out) the account number. Page 2 of 4 Withdrawals / Debits - continued Date Amount Description 04/03 15.00 QUICKSILVER PAYMNT MPID_814841 CASA SANTIAGO 040320 04/03 31.36 MERCHANT PAYMENT WOODMANS FOOD MA - 985002 151 HANSEN BLVD NORTH AURORA IL ON 040320 FROM CARD#: XXXXXXXXXXXX947X 04/06 26.89 MERCHANT PAYMENT - 043331 SPEEDWAY 2110 ORCHARD MONTGOMERY IL ON 040620 FROM CARD#: XXXXXXXXXXXX947X 04/06 27.98 DEBIT CARD PURCHASE AT MIKE AND DENISES P, YORKVILLE, IL ON 040420 FROM CARD#: XXXXXXXXXXXX9478 04/06 216.15 DEBIT CARD PURCHASE AT RESTAURANT DEPOT, LOMBARD, IL ON 040320 FROM CARD#: XXXXXXXXXXXX9478 04/06 15.00 QUICKSILVER PAYMNT MPID_815487 CASA SANTIAGO 040620 04/06 60.23 MERCHANT PAYMENT CERMAK PRODUCE A - 119059 1250 N LAKE ST AURORA IL ON 040620 FROM CARD#: XXXXXXXXXXXX947X 04/07 74.99 RECURRING PURCHASE AT ATT*BILL PAYMENT, 800-288-2020, TX ON 040620 FROM CARD#: XXXXXXXXXXXX9478 04/07 15.00 QUICKSILVER PAYMNT MPID_816119 CASA SANTIAGO 040720 04/07 86.00 FDGL LEASE PYMT 052-1232075-000 040720 04/07 102.95 TELEPHONE INITIATED PAYMENT AT Nicor Gas NICPayment 4037275719 040720 04/08 101.75 DEBIT CARD PURCHASE AT COMM ED RESI PMT, 800-334-7661, IL ON 040720 FROM CARD#: XXXXXXXXXXXX9478 04/08 15.00 QUICKSILVER PAYMNT MPID_816712 CASA SANTIAGO 040820 04/08 100.00 IL DEPT OF REVEN EDI PYMNTS 20GTP097000067 040820 04/09 15.00 QUICKSILVER PAYMNT MPID_817295 CASA SANTIAGO 040920 04/09 95.47 CLOVER APP MRKT CLOVER APP 899-9084509-000 040920 04/10 40.00 5/3 JEANIE WITHDRAWAL - 005180 1 MERCHANTS PLZ OSWEGO IL ON 041020 FROM CARD#: XXXXXXXXXXXX947X 04/10 5.95 WEB INITIATED PAYMENT AT PMNTUS SVC FEE SERVICEFEE 4247122 041020 04/10 15.00 QUICKSILVER PAYMNT MPID_817895 CASA SANTIAGO 041020 04/10 48.14 FDGL LEASE PYMT 052-1164351-000 041020 04/10 16.09 SERVICE CHARGE 04/13 100.00 5/3 JEANIE WITHDRAWAL - 005180 1 MERCHANTS PLZ OSWEGO IL ON 041320 FROM CARD#: XXXXXXXXXXXX947X 04/13 15.00 QUICKSILVER PAYMNT MPID_818480 CASA SANTIAGO 041320 04/13 288.57 WEB INITIATED PAYMENT AT COMM ED COMMERCI UTIL PMNT 3856723 041320 04/14 15.00 QUICKSILVER PAYMNT MPID_819085 CASA SANTIAGO 041420 04/15 15.00 QUICKSILVER PAYMNT MPID_819655 CASA SANTIAGO 041520 04/15 100.00 IL DEPT OF REVEN EDI PYMNTS 20GTP104000039 041520 04/15 459.75 AscentiumCapital 00000000000000013681 LEASECHG 6307 HNM CORP. 041520 04/16 15.00 QUICKSILVER PAYMNT MPID_820221 CASA SANTIAGO 041620 04/17 15.00 QUICKSILVER PAYMNT MPID_820802 CASA SANTIAGO 041720 04/17 17.00 5/3 CREDIT CARD #XXXXXXXXXXX2405 PAID BY AUTO BILLPAYER 04/20 15.00 QUICKSILVER PAYMNT MPID_821366 CASA SANTIAGO 042020 04/20 93.19 BRISTOL WEST INS INS PAYMT G00 9296444 03 042020 04/21 15.00 QUICKSILVER PAYMNT MPID_821958 CASA SANTIAGO 042120 04/22 15.00 QUICKSILVER PAYMNT MPID_822518 CASA SANTIAGO 042220 04/22 100.00 IL DEPT OF REVEN EDI PYMNTS 20GTP111000108 042220 04/24 300.00 5/3 JEANIE WITHDRAWAL - 005180 1 MERCHANTS PLZ OSWEGO IL ON 042420 FROM CARD#: XXXXXXXXXXXX947X 04/24 15.00 QUICKSILVER PAYMNT MPID_823108 CASA SANTIAGO 042420 04/24 66.35 WEB INITIATED PAYMENT AT ADVANCED DISPOSA WEB_PAY 20938017T022477 042420 04/24 106.91 MERCHANT PAYMENT WAL Wal-Mart Sup - 860095 4286 WAL-SAMS MONTGOMERY IL ON 042420 FROM CARD#: XXXXXXXXXXXX947X 04/27 15.00 QUICKSILVER PAYMNT MPID_823663 CASA SANTIAGO 042720 04/27 25.00 AscentiumCapital 00000000000000013716 LEASECHG 6307 HNM CORP. 042720 04/27 127.80 PRIMERICA LIFE INS. PREM 0432689984I 042720 04/28 15.00 QUICKSILVER PAYMNT MPID_824246 CASA SANTIAGO 042820 04/28 40.00 5/3 ONLINE TRANSFER TO CK: XXXXXX5696 REF # 00644587622 04/29 15.00 QUICKSILVER PAYMNT MPID_824798 CASA SANTIAGO 042920 04/29 100.00 IL DEPT OF REVEN EDI PYMNTS 20GTP118000082 042920 HNM CORPORATION 227 HEUSTIS ST YORKVILLE IL 60560-1518 0 45221 Page 3 of 4 (CHICAGO) P.O. BOX 630900 CINCINNATI OH 45263-0900 Statement Period Date: 4/1/2020 - 4/30/2020 Account Type: 5/3 BUS STANDARD CKG Account Number: Banking Center: Oswego Banking Center Phone: 630-636-5980 Business Banking Support: 877-534-2264 Withdrawals / Debits - continued Date Amount Description 04/29 50.98 MERCHANT PAYMENT WOODMANS FOOD MA - 985002 151 HANSEN BLVD NORTH AURORA IL ON 042920 FROM CARD#: XXXXXXXXXXXX947X 04/30 10.99 DEBIT CARD PURCHASE AT SERVING*TRAINING, 5614045363, FL ON 042820 FROM CARD#: XXXXXXXXXXXX9478 04/30 160.00 5/3 JEANIE WITHDRAWAL - 917 444 VETERANS PARKWAY YORKVILLE IL ON 043020 FROM CARD#: XXXXXXXXXXXX947X 04/30 15.00 QUICKSILVER PAYMNT MPID_825340 CASA SANTIAGO 043020 Deposits / Credits 27 items totaling $4,599.69 Date Amount Description 04/01 53.69 MERCHANT SERVICE MERCH DEP 180000000011296 CASA SANTIAGO 040120 04/02 90.01 MERCHANT SERVICE MERCH DEP 180000000011296 CASA SANTIAGO 040220 04/03 135.31 MERCHANT SERVICE MERCH DEP 180000000011296 CASA SANTIAGO 040320 04/06 93.56 MERCHANT SERVICE MERCH DEP 180000000011296 CASA SANTIAGO 040620 04/06 195.59 MERCHANT SERVICE MERCH DEP 180000000011296 CASA SANTIAGO 040620 04/08 100.00 5/3 ONLINE TRANSFER FROM CK: XXXXXX5696 REF # 00641060930 04/09 53.57 MERCHANT SERVICE MERCH DEP 180000000011296 CASA SANTIAGO 040920 04/09 700.00 5/3 JEANIE DEPOSIT 2004091 - 917 444 VETERANS PARKWAY YORKVILLE IL ON 040920 FROM CARD#: XXXXXXXXXXXX947X 04/10 17.42 ILLINOIS GAMING 0409VGTPMT CASASANTIAGO CASASANTIAGO 041020 04/13 73.82 MERCHANT SERVICE MERCH DEP 180000000011296 CASA SANTIAGO 041320 04/13 87.65 MERCHANT SERVICE MERCH DEP 180000000011296 CASA SANTIAGO 041320 04/13 128.26 MERCHANT SERVICE MERCH DEP 180000000011296 CASA SANTIAGO 041320 04/15 120.48 MERCHANT SERVICE MERCH DEP 180000000011296 CASA SANTIAGO 041520 04/16 730.00 MOBILE DEPOSIT 04/16 85.00 5/3 ONLINE TRANSFER FROM CK: XXXXXX5696 REF # 00642363863 04/17 86.00 MERCHANT SERVICE MERCH DEP 180000000011296 CASA SANTIAGO 041720 04/20 122.82 MERCHANT SERVICE MERCH DEP 180000000011296 CASA SANTIAGO 042020 04/20 266.88 MERCHANT SERVICE MERCH DEP 180000000011296 CASA SANTIAGO 042020 04/21 170.71 MERCHANT SERVICE MERCH DEP 180000000011296 CASA SANTIAGO 042120 04/22 14.69 MERCHANT SERVICE MERCH DEP 180000000011296 CASA SANTIAGO 042220 04/23 141.19 MERCHANT SERVICE MERCH DEP 180000000011296 CASA SANTIAGO 042320 04/24 87.80 MERCHANT SERVICE MERCH DEP 180000000011296 CASA SANTIAGO 042420 04/27 28.98 MERCHANT SERVICE MERCH DEP 180000000011296 CASA SANTIAGO 042720 04/27 107.84 MERCHANT SERVICE MERCH DEP 180000000011296 CASA SANTIAGO 042720 04/27 410.99 MERCHANT SERVICE MERCH DEP 180000000011296 CASA SANTIAGO 042720 04/29 400.00 MOBILE DEPOSIT 04/30 97.43 MERCHANT SERVICE MERCH DEP 180000000011296 CASA SANTIAGO 043020 Page 4 of 4 Daily Balance Summary Date Amount Date Amount Date Amount 04/01 1,095.85 04/13 384.64 04/22 1,106.28 04/02 676.98 04/14 369.64 04/23 1,247.47 04/03 765.93 04/15 (84.63)04/24 847.01 04/06 708.83 04/16 715.37 04/27 1,227.02 04/07 279.89 04/17 769.37 04/28 1,172.02 04/08 163.14 04/20 1,050.88 04/29 1,406.04 04/09 806.24 04/21 1,206.59 04/30 1,317.48 04/10 698.48 . 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 25 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Additional Documentation here. From the benefiting business. If available, other forms of documentation to demonstrate the lack of permanent working capital in support of operating expenses. Such evidence may include shutoff utility notices, delinquent bills, denied loan applications, etc 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -26 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 DOCUMENTATION of EMPLOYEE STATUS Expand as Needed Provide a list of all personnel that were employed as of January 1, 2020 as well as new hires since that date. Include the business owner(s). Indicate status of each employee. Provide the total of employees on 1/1/2020. Employee Name Employee’s Last 4 Digits of Social Security # Status on 1/1/20 Current Status Employed Hired after 12/31/19 Employed working at business location Employed working remotely Temporarily Laid Off Terminated TOTAL: 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -34 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 BUSINESS CERTIFICATIONS The Business understands that no aspect of the project proposed for assistance will commence prior to the award of funds to the community and the receipt of environmental clearance. The Business certifies that it is a Business in good standing, authorized to do business in Illinois and has no delinquent tax liabilities. The Business further authorizes the Department of Commerce and Economic Opportunity to seek a tax clearance letter from the Illinois Department of Revenue and authorizes the Department of Revenue to provide such a letter stating whether the records of the Department show that Borrower is in compliance with all tax acts administered by the Department of Revenue and to which Borrower is subject. The Business also certifies that no tax liens, including but not limited to, municipal, county, state, or federal, have been filed against the Business, any partners of the Business, the majority shareholder of the Business, or in the name of a related business owned by the recipient. The Business authorizes the Department of Commerce and Economic Opportunity to verify in any manner deemed appropriate any and all items indicated in this application which includes information obtained through the Illinois Department of Employment Security, Consumer Credit Bureau Services, business reporting services such as Dun and Bradstreet and criminal history record check. The Business certifies that all information and documentation contained in this application, is accurate, complete and true to the best of his/her knowledge. The Business certifies that it has read and understands the application guidelines. __________________________________________ ____________________________ Signature of Chief Executive Officer Date ________________________________________ Typed Name of Chief Executive Officer ________________________________________ ____________________________ Name of Business FEIN # ________________________________________ ____________________________ Business Address DUNS # ____________________________ SIC # 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -44 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 PARTICIPATION AGREEMENT THIS AGREEMENT is made as of the ____ day of ________, 2020 by and between the City of ____________ ("Unit of Local Government") and ______________________, Inc., (Benefiting “Business"). WHEREAS, the Unit of Local Government is interested in maintaining its economic base with the primary emphasis on retaining jobs. WHEREAS, the Unit of Local Government has entered into an agreement with the Illinois Department of Commerce and Economic Opportunity to implement an economic development program that significantly impacts upon the Unit of Local Government's economic base; and WHEREAS, the Business is interested in maintaining its employment base; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: I. GENERAL DEFINITIONS 1.1 "Application" shall mean all materials submitted by the Business to the Unit of Local Government or the State of Illinois in connection with this Agreement. 1.2 "DCEO Funds" shall mean the sum of $_____________ representing the grant received by the Unit of Local Government pursuant to its agreement with the Illinois Department of Commerce and Economic Opportunity (DCEO). II. PERFORMANCE 2.1 The Unit of Local Government agrees, subject to the terms and conditions of this Agreement, to provide grant funds to the Business for the purpose of working capital. 2.2 Grant funds shall be paid with Community Development Block Grant funds through DCEO. 2.3 Business must remain open or reopen and retain or re-employ permanent jobs prior to the grant end date (one year from grant award). 2.4 In the event the Unit of Local Government fails to receive the DCEO funds, for any reason, this Agreement shall be terminated, at the sole option of the Unit of Local Government, without fault as to either party. III. COVENANTS, REPRESENTATIONS AND WARRANTIES OF THE BUSINESS 3.1 On or prior to the date of this Agreement, all legal matters incident to this Agreement and the transactions contemplated hereby shall be satisfactory to the Unit of Local Government. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -45 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 3.2 Business represents and warrants that: (a) Business is a sole proprietorship, corporation or partnership, as the case may be, duly formed, validly existing and in good standing under the laws of Illinois, is duly licensed and duly qualified as a foreign corporation or partnership, as the case may be, in good standing in all the jurisdictions in which the character of the property owned or leased or the nature of the business conducted by it requires such licensing or qualification and has all proprietorship, corporate or partnership powers, as the case may be, and all material governmental licenses, authorizations, consents and approvals required to carry on its business as now conducted. (b) The execution, delivery and performance by Business of this Agreement, are within Business's proprietorship, corporate or partnership powers, have been duly authorized by all necessary proprietorship, corporate or partnership action, require no action by or in respect of, or filing with, any governmental body, agency or official and do not contravene any provision of applicable law or regulation or of the Articles of Incorporation or By-Laws or Partnership Agreement of Business, as the case may be. (c) This Agreement constitutes a valid and binding agreement of Business. (d) The Application is in all respects true and accurate and there are no omissions or other facts or circumstances which may be material to this Agreement or the Project. (e) The financial information delivered to Unit of Local Government pursuant to the Application fully and accurately present the financial condition of the Business. No material adverse change in the condition, financial or otherwise, of Business has occurred since the date of the financial statements most recently delivered to the Unit of Local Government. (f) Neither Business nor, to the best of Business's knowledge, any of Business's employees have been convicted of bribing or attempting to bribe an officer or employee of the Unit of Local Government, nor has the Business made an admission of guilt of such conduct which is a matter of record. 3.3 The Business shall keep detailed records of all matters related to this Agreement (including the Exhibits hereto). The Business shall provide to the Unit of Local Government all materials necessary for the Unit of Local Government to meet reporting and other requirements of this grant. 3.4 The Business shall comply with all applicable state and federal law and regulations promulgated thereunder. Business shall comply with all applicable laws and regulations prohibiting discrimination on the basis of race, sex, religion, national origin, age or handicap, including but not limited to the Illinois Human Rights Act, as now or hereafter amended, and the Equal Employment Opportunity Clause promulgated pursuant thereto. 3.5 Business shall fully and completely indemnify, defend and hold harmless the Unit of Local Government and the State of Illinois and their officers, directors, employees and 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -46 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 agents against any liability, judgment, loss, cost, claim, damage (including consequential damage) or expense (including attorney's fees and disbursements, settlement costs, consultant fees, investigation and laboratory fees) to which any of them may become subject insofar as they may arise out of or are based upon this Agreement or any agreement or document executed by Business and Unit of Local Government as part of the transaction described herein. 3.6 The Unit of Local Government shall have the right of access, at all reasonable hours, to Business's premises and books and records for purpose of determining compliance with this Agreement. In addition to the reporting specifically required hereunder, Business shall furnish to the Unit of Local Government such information as the Unit of Local Government may reasonably request with respect to this Agreement. IV. DEFAULT AND REMEDIES 4.1 If one or more of the following events ("Defaults") occurs and is not timely cured, then, the Unit of Local Government may declare Business in default under this Agreement and seek any of the enumerated remedies described in this Section. (a) Business fails to observe or perform any covenant or agreement contained in this Agreement, including the Exhibits hereto, for 10 days after written notice to cure thereof has been given to Business by the Unit of Local Government; (b) Any representation, warranty, certificate or statement made by Business in this Agreement, including the Exhibits hereto, or in any certificate, report, financial statement or other document delivered pursuant to this Agreement shall prove to have been incorrect when made in any material respect; (c) Business shall commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any substantial part of its property, or shall consent to any such relief or to the appointment of or taking possession by any such official in an involuntary case or other proceeding commenced against it, or shall make a general assignment for the benefit of creditors, or shall fail generally to pay its debts as they become due, or shall take any corporate action to authorize any of the foregoing; (d) An involuntary case or other proceeding shall be commenced against Business seeking liquidation, reorganization or other relief with respect to it or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any substantial part of its property, and such involuntary case or other proceedings shall remain undismissed and unstayed for a period of 60 days; or an order for relief shall be entered against Business under the federal bankruptcy laws as now or hereafter in effect; 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -47 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 (e) Business ceases the conduct of active trade or business in the Unit of Local Government's community for any reason, including, but not limited to, fire or other casualty; and does not reopen prior to the end date of the grant agreement. 4.2 If a Default occurs and is not timely cured, then the Unit of Local Government shall seek reimbursement from the Business for all funds (including DCEO funds) expended by the Unit of Local Government on or related to the Project, including, but not limited to working capital, equipment, architectural engineering, construction, administrative, real estate and incidental costs related thereto. 4.3 Upon notice of a Default and if said Default is not timely cured, the Unit of Local Government shall notify the Business that reimbursement shall be made to the Unit of Local Government within 30 days after said notice. If the Business fails to reimburse the Unit of Local Government within 30 days after the date of the notice, the Unit of Local Government shall have the right to collect interest on the unpaid balance beginning on the 31st day after notice at a rate equal to 12% per annum. 4.4 If the Unit of Local Government is successful in any proceeding to enforce the terms of this Agreement, then the Unit of Local Government shall have the right to obtain from the Business, as an additional remedy, attorney fees, costs and expenses, related to the proceeding. V. TERMINATION 5.1 This Agreement may be terminated at any time by written, mutual agreement of the parties, provided the Unit of Local Government has obtained written consent from the Illinois Department of Commerce and Economic Opportunity as to such termination. 5.2 This Agreement may be terminated by the Unit of Local Government whenever it issues a notice of Default to the Business and the Business does not timely cure the Default pursuant to Section IV. 5.3 This Agreement will terminate when the Project has been completed and when all of the terms and conditions of this Agreement (including the Exhibits thereto) creating duties upon the Business, have been satisfied by the Business. VI. GENERAL PROVISIONS 6.1 Notice required hereunder shall be in writing and shall be deemed to have validly served, given or delivered upon deposit in the United States mail, by registered mail, return receipt requested, at the address set forth on the signature page hereof or to such other address as each party may specify for itself by like notice. 6.2 All covenants, agreements, representations and warranties made herein and, in the certificates, delivered pursuant hereto shall survive the execution of the Agreement and shall continue in full force and effect so long as the Agreement shall be in force. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -48 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 6.3 No failure or delay by the Unit of Local Government in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law. 6.4 Wherever possible each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision shall be invalid under applicable law, such provision shall be ineffective to the extent of such invalidity without invalidating the remaining provisions of this Agreement. 6.5 This Agreement represents the full and complete agreement between the parties with respect to the matters addressed herein and there are no oral agreements or understandings between the parties. 6.6 This Agreement shall be construed in accordance with and governed by the law of the State of Illinois. 6.7 This Agreement may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. 6.8 No modification of or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the parties hereto, and provided further, that the Unit of Local Government shall obtain written consent of the Illinois Department of Commerce and Economic Opportunity prior to executing any such modification or waiver. 6.9 The Business certifies that it has not been barred from bidding on or receiving State contracts as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961 (bid rigging or bid rotating, respectively) (720 ILCS 5/33E-3 and 5/33-4). 6.10 The Business certifies that it has not been barred from being awarded a contract or subcontract under Section 50-5 of the Illinois Procurement (Code 30 ILCS 500). 6.11 The Business acknowledges that receipt of benefits under this agreement may require compliance with the Prevailing Wage Act (820 ILCS 130). Persons willfully failing to comply with or violating this act may be in violation of the Criminal Code. Questions concerning compliance with the Prevailing Wage Act should be directed to the Illinois Department of Labor. 6.12 The Unit of Local Government acknowledges that if the project as proposed by this Agreement is completed in accordance with this Agreement and the Agreement executed between the Unit of Local Government and the Department of Commerce and Economic Opportunity then the provisions cited above in 6.9; 6.10; and 6.11 do not apply to the Business but do apply to the activities to be completed by the Unit of Local Government. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -49 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 IN WITNESS WHEREOF, the parties executed this Agreement the day and year first above written. (Business Name) By: (Name of Officer) Its: President By: Honorable (Name of Mayor) Its: Mayor Address: Address: 1 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -50 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Benefiting Business’s Certificate of Good Standing from Secretary of State here. The certificate can be printed from: https://www.ilsos.gov/corporatellc/ This requirement does not apply if the benefiting business is a Sole Proprietorship. To all to whom these Presents Shall Come, Greeting: I, Jesse White, Secretary of State of the State of Illinois, do hereby certify that I am the keeper of the records of the Department of Business Services. I certify that In Testimony Whereof, I hereto set my hand and cause to be affixed the Great Seal of the State of Illinois, this day of A.D. . SECRETARY OF STATE File Number Authenticate at: Authentication #: MAY 2020 2013403540 verifiable until 05/13/2021 http://www.cyberdriveillinois.com 6569-772-6 HNM CORPORATION, A DOMESTIC CORPORATION, INCORPORATED UNDER THE LAWS OF THIS STATE ON AUGUST 24, 2007, APPEARS TO HAVE COMPLIED WITH ALL THE PROVISIONS OF THE BUSINESS CORPORATION ACT OF THIS STATE, AND AS OF THIS DATE, IS IN GOOD STANDING AS A DOMESTIC CORPORATION IN THE STATE OF ILLINOIS. 13TH 0 Description Quantity Basis Cost Length of time Capital Cost Personnel (Salaries and Wages)1 monthly 3,162.00$ 2 6,324.00$ Fringe Benefits 1 monthly 127.80$ 2 255.60$ Occupancy (Rent/Mortgage Payments)1 monthly 1,500.00$ 2 3,000.00$ Utilities (Electrical, Gas, Water, Sewer)1 monthly 1,005.50$ 2 2,011.00$ Telecommunications & Internet 1 monthly 568.74$ 2 1,137.48$ Inventory/Goods Necessary to do Business 1 monthly 7,275.15$ 2 14,550.30$ Supplies (office-related)1 monthly 352.23$ 2 704.46$ Contractual Services (pest control, cleaning, etc.)1 monthly 607.49$ 2 1,214.98$ insurance 1 monthly 345.76$ 2 691.52$ Other (specify): -$ -$ State Total 29,889.34$ 29,889.34$ Working Capital Narrative (State): Section C - Budget Worksheet & Narrative 15). Working Capital: Costs directly related to the service or activities of the business. Total State-Funded Working Capital Resolution No. 2020-____ Page 1 Resolution No. 2020-_____ RESOLUTION OF SUPPORT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the City is applying to the State of Illinois for a Community Development Block Grant Program grant on behalf of NCG Yorkville Inc., 1505 N. Bridge Street, Yorkville, IL (the “Local Business”), and WHEREAS, it is necessary that an application be made by the City on behalf of the Local Business, and agreements entered with the State of Illinois. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the City apply for a grant on behalf of the Local Business under the terms and conditions of the State of Illinois and shall enter in to and agree to the understandings and assurances contained in said application. Section 2. That the Mayor and City Clerk on behalf of the City execute such documents and all other documents necessary for the carrying out of said application. Section 3. That the Mayor and City Clerk are authorized to provide such additional information as may be required to accomplish the obtaining of such grant. Section 4. Each section, clause, and provision of this Resolution shall be considered as separable, and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses, or provisions of this Resolution Section 5. That this resolution shall be in full force and effect upon its passage and approval as provided by law. Resolution No. 2020-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ JACKIE MILSCHEWSKI _________ ARDEN JOE PLOCHER _________ CHRIS FUNKHOUSER _________ JOEL FRIEDERS _________ SEAVER TARULIS _________ JASON PETERSON _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ MAYOR Attest: ______________________________ CITY CLERK 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 15 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 DOWNSTATE SMALL BUSINESS STABILIZATION PROGRAM APPLICATION FORMS 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 20 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 IV. BENEFITING BUSINESS INFORMATION Name of Business this application is in support of: Supported Business Name: Is Business operating under an Assumed Name? (see 805 ILCS 405) _____ Yes, registered in ________________ County _ __ No Supported Business Address 1: Supported Business Address 2: Supported Business City: Supported Business State: Supported Business Zip: 99999-9999: Supported Business Phone Number ______________________________________________________ Supported Business E-Mail Address: Supported Business FEIN or ITIN: Supported Business DUNS (if not available, insert N./A): Supported Business SIC: https://www.naics.com/sic-codes-industry-drilldown/ Supported Business Authorized Signatory Contact: Signatory must sign Participation Agreement and Business Certification Form Last Name: First Name: Title: Daytime Phone: Home Phone: E-Mail: Has this business received federal or state funding (loans, grants or other assistance) related to the COVID19 emergency? _ _ No _ _ Yes If yes, provide the name/type of assistance and amount: Funding Program Name:_________________________________ Amount Received: $_______________ Funding Program Name:_________________________________ Amount Received: $_______________ BANKRUPTCY: Has the firm, officers or principals of the firm ever been involved in bankruptcy or insolvency procedures? _ _ No __ _ Yes If yes, provide details: PENDING LAWSUITS: Is the business or any officers or principals of the business involved in any lawsuits? _ _ No _ __ Yes If yes, provide details NCG Yorkville Inc 1505 N Bridge St Yorkville IL 60560 989 723-0319 Shelly@ncgmovies.com 46-1810978 NA 7832 Geiger Jeff President 517-204-3042 989-205-1342 (cell) jeff@ncgmovies.com 4 4 4 4 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 21 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Uniform GATA Budget-DSBS here. Completed by the local government and benefiting business. The Uniform Grant Application can be found at the bottom of this webpage: https://www2.illinois.gov/dceo/CommunityServices/CommunityInfrastructure/Pages/DownstateSmBizStabilizaition.aspx PLEASE FOLLOW DIRECTIONS BEGINNING ON PAGE 9 OF THE GUIDEBOOK TO COMPLETE THE GATA BUDGET-DSBS 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 22 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Project Summary here Provide a summary of the business’ present situation. This should include a brief description of the Business, e.g., type of firm, its product or service, and how long they have been in business. Describe how the CDBG funds will be used and reasons why they are needed in order for the Business to be in a position to retain jobs. Specific needs need to be identified. Explain what circumstances make this project necessary, in maintaining adequate permanent working capital to sustain operating needs. We are NCG Yorkville Inc, we are a family owned local theater that has been in business in Yorkville since 2013. We have provided 100's jobs to the community in the past 7 years. Unfortunate because of the COVID-19 we have been closed since March 16, 2020, with no income at all. We would use these funds for payroll and operations of our business, in order to open. Upon receiving this money our plans would be to open as soon the state allows us to. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 24 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Most Recent Bank Statement here. From the benefiting business. Please make certain to redact (mark out) the account number. Page 2 of 2 Daily Balance Summary Date Amount Date Amount Date Amount 04/01 107,396.31 04/09 89,370.59 04/20 81,067.58 04/02 105,625.23 04/10 88,218.89 04/21 77,891.91 04/03 105,452.69 04/13 85,034.14 04/22 75,528.76 04/06 89,976.23 04/15 84,637.98 04/24 73,013.43 04/08 89,669.19 04/17 80,506.10 04/29 65,845.05 . 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 25 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Additional Documentation here. From the benefiting business. If available, other forms of documentation to demonstrate the lack of permanent working capital in support of operating expenses. Such evidence may include shutoff utility notices, delinquent bills, denied loan applications, etc 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -26 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 DOCUMENTATION of EMPLOYEE STATUS Expand as Needed Provide a list of all personnel that were employed as of January 1, 2020 as well as new hires since that date. Include the business owner(s). Indicate status of each employee. Provide the total of employees on 1/1/2020. Employee Name Employee’s Last 4 Digits of Social Security # Status on 1/1/20 Current Status Employed Hired after 12/31/19 Employed working at business location Employed working remotely Temporarily Laid Off Terminated TOTAL: 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -34 BUSINESS CERTIFICATIONS The Business understands that no aspect of the project proposed for assistance will commence prior to the award of funds to the comm unity and the receipt of environmental clearance. The Business certifies that it is a Business in good standing, authorized to do business in Illinois and has no delinquent tax liabilities. The Business further authorizes the Department of Commerce and Economic Opportunity to seek a tax clearance letter from the Illinois Departmenl of Revenue and authorizes the Department of Revenue to provide such a letter stating whether the records of the Department show that Borrower is in compliance with all tax acts administered by the Department of Revenue and to which Borrower is subject. The Business also certifies that no tax liens, including but not limited to, municipal, county, state, or federal, have been filed against the Business, any partners of the Business, the majority shareholder of the Business, or in the name of a related business owned by the recipient. The Business authorizes the Department of Commerce and Economic Opportunity to verify in any manner deemed appropriate any and all items indicated in this application which includes information obtained through the Illinois Department of Employment Security, Consumer Credit Bureau Services, business reporting services such as Dun and Bradstreet and criminal history record check. The Business certifies that all information and documentation contained in this application, is accurate, complete and true to the best of his/her knowledge. The Business certifies that it has read and understands the application guidelines. Typed Name oChief Exec ive Officer NCG Yorkville, Inc. Name of Business 1505 N Bridge St, Yorkville, IL 60560 Business Address Date 46-1810978 FEIN# DUNS# SIC# State of Illinois -Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -44 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 PARTICIPATION AGREEMENT THIS AGREEMENT is made as of the ____ day of ________, 2020 by and between the City of ____________ ("Unit of Local Government") and ______________________, Inc., (Benefiting “Business"). WHEREAS, the Unit of Local Government is interested in maintaining its economic base with the primary emphasis on retaining jobs. WHEREAS, the Unit of Local Government has entered into an agreement with the Illinois Department of Commerce and Economic Opportunity to implement an economic development program that significantly impacts upon the Unit of Local Government's economic base; and WHEREAS, the Business is interested in maintaining its employment base; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: I. GENERAL DEFINITIONS 1.1 "Application" shall mean all materials submitted by the Business to the Unit of Local Government or the State of Illinois in connection with this Agreement. 1.2 "DCEO Funds" shall mean the sum of $_____________ representing the grant received by the Unit of Local Government pursuant to its agreement with the Illinois Department of Commerce and Economic Opportunity (DCEO). II. PERFORMANCE 2.1 The Unit of Local Government agrees, subject to the terms and conditions of this Agreement, to provide grant funds to the Business for the purpose of working capital. 2.2 Grant funds shall be paid with Community Development Block Grant funds through DCEO. 2.3 Business must remain open or reopen and retain or re-employ permanent jobs prior to the grant end date (one year from grant award). 2.4 In the event the Unit of Local Government fails to receive the DCEO funds, for any reason, this Agreement shall be terminated, at the sole option of the Unit of Local Government, without fault as to either party. III. COVENANTS, REPRESENTATIONS AND WARRANTIES OF THE BUSINESS 3.1 On or prior to the date of this Agreement, all legal matters incident to this Agreement and the transactions contemplated hereby shall be satisfactory to the Unit of Local Government. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -45 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 3.2 Business represents and warrants that: (a) Business is a sole proprietorship, corporation or partnership, as the case may be, duly formed, validly existing and in good standing under the laws of Illinois, is duly licensed and duly qualified as a foreign corporation or partnership, as the case may be, in good standing in all the jurisdictions in which the character of the property owned or leased or the nature of the business conducted by it requires such licensing or qualification and has all proprietorship, corporate or partnership powers, as the case may be, and all material governmental licenses, authorizations, consents and approvals required to carry on its business as now conducted. (b) The execution, delivery and performance by Business of this Agreement, are within Business's proprietorship, corporate or partnership powers, have been duly authorized by all necessary proprietorship, corporate or partnership action, require no action by or in respect of, or filing with, any governmental body, agency or official and do not contravene any provision of applicable law or regulation or of the Articles of Incorporation or By-Laws or Partnership Agreement of Business, as the case may be. (c) This Agreement constitutes a valid and binding agreement of Business. (d) The Application is in all respects true and accurate and there are no omissions or other facts or circumstances which may be material to this Agreement or the Project. (e) The financial information delivered to Unit of Local Government pursuant to the Application fully and accurately present the financial condition of the Business. No material adverse change in the condition, financial or otherwise, of Business has occurred since the date of the financial statements most recently delivered to the Unit of Local Government. (f) Neither Business nor, to the best of Business's knowledge, any of Business's employees have been convicted of bribing or attempting to bribe an officer or employee of the Unit of Local Government, nor has the Business made an admission of guilt of such conduct which is a matter of record. 3.3 The Business shall keep detailed records of all matters related to this Agreement (including the Exhibits hereto). The Business shall provide to the Unit of Local Government all materials necessary for the Unit of Local Government to meet reporting and other requirements of this grant. 3.4 The Business shall comply with all applicable state and federal law and regulations promulgated thereunder. Business shall comply with all applicable laws and regulations prohibiting discrimination on the basis of race, sex, religion, national origin, age or handicap, including but not limited to the Illinois Human Rights Act, as now or hereafter amended, and the Equal Employment Opportunity Clause promulgated pursuant thereto. 3.5 Business shall fully and completely indemnify, defend and hold harmless the Unit of Local Government and the State of Illinois and their officers, directors, employees and 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -46 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 agents against any liability, judgment, loss, cost, claim, damage (including consequential damage) or expense (including attorney's fees and disbursements, settlement costs, consultant fees, investigation and laboratory fees) to which any of them may become subject insofar as they may arise out of or are based upon this Agreement or any agreement or document executed by Business and Unit of Local Government as part of the transaction described herein. 3.6 The Unit of Local Government shall have the right of access, at all reasonable hours, to Business's premises and books and records for purpose of determining compliance with this Agreement. In addition to the reporting specifically required hereunder, Business shall furnish to the Unit of Local Government such information as the Unit of Local Government may reasonably request with respect to this Agreement. IV. DEFAULT AND REMEDIES 4.1 If one or more of the following events ("Defaults") occurs and is not timely cured, then, the Unit of Local Government may declare Business in default under this Agreement and seek any of the enumerated remedies described in this Section. (a) Business fails to observe or perform any covenant or agreement contained in this Agreement, including the Exhibits hereto, for 10 days after written notice to cure thereof has been given to Business by the Unit of Local Government; (b) Any representation, warranty, certificate or statement made by Business in this Agreement, including the Exhibits hereto, or in any certificate, report, financial statement or other document delivered pursuant to this Agreement shall prove to have been incorrect when made in any material respect; (c) Business shall commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any substantial part of its property, or shall consent to any such relief or to the appointment of or taking possession by any such official in an involuntary case or other proceeding commenced against it, or shall make a general assignment for the benefit of creditors, or shall fail generally to pay its debts as they become due, or shall take any corporate action to authorize any of the foregoing; (d) An involuntary case or other proceeding shall be commenced against Business seeking liquidation, reorganization or other relief with respect to it or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any substantial part of its property, and such involuntary case or other proceedings shall remain undismissed and unstayed for a period of 60 days; or an order for relief shall be entered against Business under the federal bankruptcy laws as now or hereafter in effect; 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -47 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 (e) Business ceases the conduct of active trade or business in the Unit of Local Government's community for any reason, including, but not limited to, fire or other casualty; and does not reopen prior to the end date of the grant agreement. 4.2 If a Default occurs and is not timely cured, then the Unit of Local Government shall seek reimbursement from the Business for all funds (including DCEO funds) expended by the Unit of Local Government on or related to the Project, including, but not limited to working capital, equipment, architectural engineering, construction, administrative, real estate and incidental costs related thereto. 4.3 Upon notice of a Default and if said Default is not timely cured, the Unit of Local Government shall notify the Business that reimbursement shall be made to the Unit of Local Government within 30 days after said notice. If the Business fails to reimburse the Unit of Local Government within 30 days after the date of the notice, the Unit of Local Government shall have the right to collect interest on the unpaid balance beginning on the 31st day after notice at a rate equal to 12% per annum. 4.4 If the Unit of Local Government is successful in any proceeding to enforce the terms of this Agreement, then the Unit of Local Government shall have the right to obtain from the Business, as an additional remedy, attorney fees, costs and expenses, related to the proceeding. V. TERMINATION 5.1 This Agreement may be terminated at any time by written, mutual agreement of the parties, provided the Unit of Local Government has obtained written consent from the Illinois Department of Commerce and Economic Opportunity as to such termination. 5.2 This Agreement may be terminated by the Unit of Local Government whenever it issues a notice of Default to the Business and the Business does not timely cure the Default pursuant to Section IV. 5.3 This Agreement will terminate when the Project has been completed and when all of the terms and conditions of this Agreement (including the Exhibits thereto) creating duties upon the Business, have been satisfied by the Business. VI. GENERAL PROVISIONS 6.1 Notice required hereunder shall be in writing and shall be deemed to have validly served, given or delivered upon deposit in the United States mail, by registered mail, return receipt requested, at the address set forth on the signature page hereof or to such other address as each party may specify for itself by like notice. 6.2 All covenants, agreements, representations and warranties made herein and, in the certificates, delivered pursuant hereto shall survive the execution of the Agreement and shall continue in full force and effect so long as the Agreement shall be in force. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -48 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 6.3 No failure or delay by the Unit of Local Government in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law. 6.4 Wherever possible each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision shall be invalid under applicable law, such provision shall be ineffective to the extent of such invalidity without invalidating the remaining provisions of this Agreement. 6.5 This Agreement represents the full and complete agreement between the parties with respect to the matters addressed herein and there are no oral agreements or understandings between the parties. 6.6 This Agreement shall be construed in accordance with and governed by the law of the State of Illinois. 6.7 This Agreement may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. 6.8 No modification of or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the parties hereto, and provided further, that the Unit of Local Government shall obtain written consent of the Illinois Department of Commerce and Economic Opportunity prior to executing any such modification or waiver. 6.9 The Business certifies that it has not been barred from bidding on or receiving State contracts as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961 (bid rigging or bid rotating, respectively) (720 ILCS 5/33E-3 and 5/33-4). 6.10 The Business certifies that it has not been barred from being awarded a contract or subcontract under Section 50-5 of the Illinois Procurement (Code 30 ILCS 500). 6.11 The Business acknowledges that receipt of benefits under this agreement may require compliance with the Prevailing Wage Act (820 ILCS 130). Persons willfully failing to comply with or violating this act may be in violation of the Criminal Code. Questions concerning compliance with the Prevailing Wage Act should be directed to the Illinois Department of Labor. 6.12 The Unit of Local Government acknowledges that if the project as proposed by this Agreement is completed in accordance with this Agreement and the Agreement executed between the Unit of Local Government and the Department of Commerce and Economic Opportunity then the provisions cited above in 6.9; 6.10; and 6.11 do not apply to the Business but do apply to the activities to be completed by the Unit of Local Government. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -49 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 IN WITNESS WHEREOF, the parties executed this Agreement the day and year first above written. (Business Name) By: (Name of Officer) Its: President By: Honorable (Name of Mayor) Its: Mayor Address: Address: 1 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -50 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Benefiting Business’s Certificate of Good Standing from Secretary of State here. The certificate can be printed from: https://www.ilsos.gov/corporatellc/ This requirement does not apply if the benefiting business is a Sole Proprietorship. 0 Description Quantity Basis Cost Length of time Capital Cost Personnel (Salaries and Wages)1 Monthly 18,196.26$ 2 36,392.52$ Fringe Benefits -$ Occupancy (Rent/Mortgage Payments)1 Monthly 21,904.04$ 2 43,808.08$ Utilities (Electrical, Gas, Water, Sewer)1 Monthly 6,830.97$ 2 13,661.94$ Telecommunications & Internet 1 Monthly 1,145.83$ 2 2,291.65$ Inventory/Goods Necessary to do Business 1 Monthly 89,158.62$ 2 178,317.23$ Supplies (office and maintenabce-related)1 Monthly 5,103.03$ 2 10,206.06$ Contractual Services (pest control, cleaning, etc.)1 Monthly 15,552.07$ 2 31,104.14$ Other Professional/Banking Fees): 1 Monthly 7,212.54$ 2 14,425.08$ Other (Advertiaing/Business Promotion): 1 Monthly 708.70$ 2 1,417.41$ -$ State Total 331,624.11$ 331,624.11$ Working Capital Narrative (State): Section C - Budget Worksheet & Narrative 15). Working Capital: Costs directly related to the service or activities of the business. Total State-Funded Working Capital Resolution No. 2020-____ Page 1 Resolution No. 2020-_____ RESOLUTION OF SUPPORT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the City is applying to the State of Illinois for a Community Development Block Grant Program grant on behalf of NDB Enterprises, Inc. DBA Sunfield Restaurant, 382 E. Veterans Parkway, Yorkville, IL (the “Local Business”), and WHEREAS, it is necessary that an application be made by the City on behalf of the Local Business, and agreements entered with the State of Illinois. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the City apply for a grant on behalf of the Local Business under the terms and conditions of the State of Illinois and shall enter in to and agree to the understandings and assurances contained in said application. Section 2. That the Mayor and City Clerk on behalf of the City execute such documents and all other documents necessary for the carrying out of said application. Section 3. That the Mayor and City Clerk are authorized to provide such additional information as may be required to accomplish the obtaining of such grant. Section 4. Each section, clause, and provision of this Resolution shall be considered as separable, and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses, or provisions of this Resolution Section 5. That this resolution shall be in full force and effect upon its passage and approval as provided by law. Resolution No. 2020-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ JACKIE MILSCHEWSKI _________ ARDEN JOE PLOCHER _________ CHRIS FUNKHOUSER _________ JOEL FRIEDERS _________ SEAVER TARULIS _________ JASON PETERSON _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ MAYOR Attest: ______________________________ CITY CLERK 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 15 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 DOWNSTATE SMALL BUSINESS STABILIZATION PROGRAM APPLICATION FORMS 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 20 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 IV. BENEFITING BUSINESS INFORMATION Name of Business this application is in support of: Supported Business Name: Is Business operating under an Assumed Name? (see 805 ILCS 405) _____ Yes, registered in ________________ County _ __ No Supported Business Address 1: Supported Business Address 2: Supported Business City: Supported Business State: Supported Business Zip: 99999-9999: Supported Business Phone Number ______________________________________________________ Supported Business E-Mail Address: Supported Business FEIN or ITIN: Supported Business DUNS (if not available, insert N./A): Supported Business SIC: https://www.naics.com/sic-codes-industry-drilldown/ Supported Business Authorized Signatory Contact: Signatory must sign Participation Agreement and Business Certification Form Last Name: First Name: Title: Daytime Phone: Home Phone: E-Mail: Has this business received federal or state funding (loans, grants or other assistance) related to the COVID19 emergency? _ _ No _ _ Yes If yes, provide the name/type of assistance and amount: Funding Program Name:_________________________________ Amount Received: $_______________ Funding Program Name:_________________________________ Amount Received: $_______________ BANKRUPTCY: Has the firm, officers or principals of the firm ever been involved in bankruptcy or insolvency procedures? _ _ No __ _ Yes If yes, provide details: PENDING LAWSUITS: Is the business or any officers or principals of the business involved in any lawsuits? _ _ No _ __ Yes If yes, provide details NDB Enterprises Inc D/B/A Sunfield Restaurant Kendall 382 E. Veterans Parkway Yorkville Illinois 60560 630-553-3500 fatmirsaliu2016@hotmail.com 36-4495520 NA 722511 Saliu Fatmir Owner 630-701-0348 630-701-0348 fatmirsaliu2016@hotmail.com PPP Program 29,200 4 4 4 4 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 21 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Uniform GATA Budget-DSBS here. Completed by the local government and benefiting business. The Uniform Grant Application can be found at the bottom of this webpage: https://www2.illinois.gov/dceo/CommunityServices/CommunityInfrastructure/Pages/DownstateSmBizStabilizaition.aspx PLEASE FOLLOW DIRECTIONS BEGINNING ON PAGE 9 OF THE GUIDEBOOK TO COMPLETE THE GATA BUDGET-DSBS 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 22 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Project Summary here Provide a summary of the business’ present situation. This should include a brief description of the Business, e.g., type of firm, its product or service, and how long they have been in business. Describe how the CDBG funds will be used and reasons why they are needed in order for the Business to be in a position to retain jobs. Specific needs need to be identified. Explain what circumstances make this project necessary, in maintaining adequate permanent working capital to sustain operating needs. Sunfield Restaurant has been open in Yorkville since 1998. We are a family owned business, who serves our community for breakfast, lunch and dinner. We have many employees who are local residents, and our customers are like our family. Covid-19 has virtually closed our business, as we are not set up to provide pickup and delivery. All of our employees are laid off, and we have had no revenue generated since March 16th, 2020. We will use this grant to pay our regular bills such as utilities, equipment and supplies, and building maintenance, and also to pay the salaries of our employees. We want to bring our employees back to work, so that they can support their families. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 24 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Most Recent Bank Statement here. From the benefiting business. Please make certain to redact (mark out) the account number. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 25 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Additional Documentation here. From the benefiting business. If available, other forms of documentation to demonstrate the lack of permanent working capital in support of operating expenses. Such evidence may include shutoff utility notices, delinquent bills, denied loan applications, etc 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -44 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 PARTICIPATION AGREEMENT THIS AGREEMENT is made as of the ____ day of ________, 2020 by and between the City of ____________ ("Unit of Local Government") and ______________________, Inc., (Benefiting “Business"). WHEREAS, the Unit of Local Government is interested in maintaining its economic base with the primary emphasis on retaining jobs. WHEREAS, the Unit of Local Government has entered into an agreement with the Illinois Department of Commerce and Economic Opportunity to implement an economic development program that significantly impacts upon the Unit of Local Government's economic base; and WHEREAS, the Business is interested in maintaining its employment base; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: I. GENERAL DEFINITIONS 1.1 "Application" shall mean all materials submitted by the Business to the Unit of Local Government or the State of Illinois in connection with this Agreement. 1.2 "DCEO Funds" shall mean the sum of $_____________ representing the grant received by the Unit of Local Government pursuant to its agreement with the Illinois Department of Commerce and Economic Opportunity (DCEO). II. PERFORMANCE 2.1 The Unit of Local Government agrees, subject to the terms and conditions of this Agreement, to provide grant funds to the Business for the purpose of working capital. 2.2 Grant funds shall be paid with Community Development Block Grant funds through DCEO. 2.3 Business must remain open or reopen and retain or re-employ permanent jobs prior to the grant end date (one year from grant award). 2.4 In the event the Unit of Local Government fails to receive the DCEO funds, for any reason, this Agreement shall be terminated, at the sole option of the Unit of Local Government, without fault as to either party. III. COVENANTS, REPRESENTATIONS AND WARRANTIES OF THE BUSINESS 3.1 On or prior to the date of this Agreement, all legal matters incident to this Agreement and the transactions contemplated hereby shall be satisfactory to the Unit of Local Government. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -45 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 3.2 Business represents and warrants that: (a) Business is a sole proprietorship, corporation or partnership, as the case may be, duly formed, validly existing and in good standing under the laws of Illinois, is duly licensed and duly qualified as a foreign corporation or partnership, as the case may be, in good standing in all the jurisdictions in which the character of the property owned or leased or the nature of the business conducted by it requires such licensing or qualification and has all proprietorship, corporate or partnership powers, as the case may be, and all material governmental licenses, authorizations, consents and approvals required to carry on its business as now conducted. (b) The execution, delivery and performance by Business of this Agreement, are within Business's proprietorship, corporate or partnership powers, have been duly authorized by all necessary proprietorship, corporate or partnership action, require no action by or in respect of, or filing with, any governmental body, agency or official and do not contravene any provision of applicable law or regulation or of the Articles of Incorporation or By-Laws or Partnership Agreement of Business, as the case may be. (c) This Agreement constitutes a valid and binding agreement of Business. (d) The Application is in all respects true and accurate and there are no omissions or other facts or circumstances which may be material to this Agreement or the Project. (e) The financial information delivered to Unit of Local Government pursuant to the Application fully and accurately present the financial condition of the Business. No material adverse change in the condition, financial or otherwise, of Business has occurred since the date of the financial statements most recently delivered to the Unit of Local Government. (f) Neither Business nor, to the best of Business's knowledge, any of Business's employees have been convicted of bribing or attempting to bribe an officer or employee of the Unit of Local Government, nor has the Business made an admission of guilt of such conduct which is a matter of record. 3.3 The Business shall keep detailed records of all matters related to this Agreement (including the Exhibits hereto). The Business shall provide to the Unit of Local Government all materials necessary for the Unit of Local Government to meet reporting and other requirements of this grant. 3.4 The Business shall comply with all applicable state and federal law and regulations promulgated thereunder. Business shall comply with all applicable laws and regulations prohibiting discrimination on the basis of race, sex, religion, national origin, age or handicap, including but not limited to the Illinois Human Rights Act, as now or hereafter amended, and the Equal Employment Opportunity Clause promulgated pursuant thereto. 3.5 Business shall fully and completely indemnify, defend and hold harmless the Unit of Local Government and the State of Illinois and their officers, directors, employees and 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -46 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 agents against any liability, judgment, loss, cost, claim, damage (including consequential damage) or expense (including attorney's fees and disbursements, settlement costs, consultant fees, investigation and laboratory fees) to which any of them may become subject insofar as they may arise out of or are based upon this Agreement or any agreement or document executed by Business and Unit of Local Government as part of the transaction described herein. 3.6 The Unit of Local Government shall have the right of access, at all reasonable hours, to Business's premises and books and records for purpose of determining compliance with this Agreement. In addition to the reporting specifically required hereunder, Business shall furnish to the Unit of Local Government such information as the Unit of Local Government may reasonably request with respect to this Agreement. IV. DEFAULT AND REMEDIES 4.1 If one or more of the following events ("Defaults") occurs and is not timely cured, then, the Unit of Local Government may declare Business in default under this Agreement and seek any of the enumerated remedies described in this Section. (a) Business fails to observe or perform any covenant or agreement contained in this Agreement, including the Exhibits hereto, for 10 days after written notice to cure thereof has been given to Business by the Unit of Local Government; (b) Any representation, warranty, certificate or statement made by Business in this Agreement, including the Exhibits hereto, or in any certificate, report, financial statement or other document delivered pursuant to this Agreement shall prove to have been incorrect when made in any material respect; (c) Business shall commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any substantial part of its property, or shall consent to any such relief or to the appointment of or taking possession by any such official in an involuntary case or other proceeding commenced against it, or shall make a general assignment for the benefit of creditors, or shall fail generally to pay its debts as they become due, or shall take any corporate action to authorize any of the foregoing; (d) An involuntary case or other proceeding shall be commenced against Business seeking liquidation, reorganization or other relief with respect to it or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any substantial part of its property, and such involuntary case or other proceedings shall remain undismissed and unstayed for a period of 60 days; or an order for relief shall be entered against Business under the federal bankruptcy laws as now or hereafter in effect; 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -47 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 (e) Business ceases the conduct of active trade or business in the Unit of Local Government's community for any reason, including, but not limited to, fire or other casualty; and does not reopen prior to the end date of the grant agreement. 4.2 If a Default occurs and is not timely cured, then the Unit of Local Government shall seek reimbursement from the Business for all funds (including DCEO funds) expended by the Unit of Local Government on or related to the Project, including, but not limited to working capital, equipment, architectural engineering, construction, administrative, real estate and incidental costs related thereto. 4.3 Upon notice of a Default and if said Default is not timely cured, the Unit of Local Government shall notify the Business that reimbursement shall be made to the Unit of Local Government within 30 days after said notice. If the Business fails to reimburse the Unit of Local Government within 30 days after the date of the notice, the Unit of Local Government shall have the right to collect interest on the unpaid balance beginning on the 31st day after notice at a rate equal to 12% per annum. 4.4 If the Unit of Local Government is successful in any proceeding to enforce the terms of this Agreement, then the Unit of Local Government shall have the right to obtain from the Business, as an additional remedy, attorney fees, costs and expenses, related to the proceeding. V. TERMINATION 5.1 This Agreement may be terminated at any time by written, mutual agreement of the parties, provided the Unit of Local Government has obtained written consent from the Illinois Department of Commerce and Economic Opportunity as to such termination. 5.2 This Agreement may be terminated by the Unit of Local Government whenever it issues a notice of Default to the Business and the Business does not timely cure the Default pursuant to Section IV. 5.3 This Agreement will terminate when the Project has been completed and when all of the terms and conditions of this Agreement (including the Exhibits thereto) creating duties upon the Business, have been satisfied by the Business. VI. GENERAL PROVISIONS 6.1 Notice required hereunder shall be in writing and shall be deemed to have validly served, given or delivered upon deposit in the United States mail, by registered mail, return receipt requested, at the address set forth on the signature page hereof or to such other address as each party may specify for itself by like notice. 6.2 All covenants, agreements, representations and warranties made herein and, in the certificates, delivered pursuant hereto shall survive the execution of the Agreement and shall continue in full force and effect so long as the Agreement shall be in force. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -48 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 6.3 No failure or delay by the Unit of Local Government in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law. 6.4 Wherever possible each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision shall be invalid under applicable law, such provision shall be ineffective to the extent of such invalidity without invalidating the remaining provisions of this Agreement. 6.5 This Agreement represents the full and complete agreement between the parties with respect to the matters addressed herein and there are no oral agreements or understandings between the parties. 6.6 This Agreement shall be construed in accordance with and governed by the law of the State of Illinois. 6.7 This Agreement may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. 6.8 No modification of or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the parties hereto, and provided further, that the Unit of Local Government shall obtain written consent of the Illinois Department of Commerce and Economic Opportunity prior to executing any such modification or waiver. 6.9 The Business certifies that it has not been barred from bidding on or receiving State contracts as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961 (bid rigging or bid rotating, respectively) (720 ILCS 5/33E-3 and 5/33-4). 6.10 The Business certifies that it has not been barred from being awarded a contract or subcontract under Section 50-5 of the Illinois Procurement (Code 30 ILCS 500). 6.11 The Business acknowledges that receipt of benefits under this agreement may require compliance with the Prevailing Wage Act (820 ILCS 130). Persons willfully failing to comply with or violating this act may be in violation of the Criminal Code. Questions concerning compliance with the Prevailing Wage Act should be directed to the Illinois Department of Labor. 6.12 The Unit of Local Government acknowledges that if the project as proposed by this Agreement is completed in accordance with this Agreement and the Agreement executed between the Unit of Local Government and the Department of Commerce and Economic Opportunity then the provisions cited above in 6.9; 6.10; and 6.11 do not apply to the Business but do apply to the activities to be completed by the Unit of Local Government. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -49 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 IN WITNESS WHEREOF, the parties executed this Agreement the day and year first above written. (Business Name) By: (Name of Officer) Its: President By: Honorable (Name of Mayor) Its: Mayor Address: Address: 1 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -50 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Benefiting Business’s Certificate of Good Standing from Secretary of State here. The certificate can be printed from: https://www.ilsos.gov/corporatellc/ This requirement does not apply if the benefiting business is a Sole Proprietorship. 0 Description Quantity Basis Cost Length of time Capital Cost Personnel (Salaries and Wages)1 Monthly 12,554.00$ 2 25,108.00$ Fringe Benefits 1 Monthly 317.00$ 2 634.00$ Occupancy (Rent/Mortgage Payments)1 Monthly 3,800.00$ 2 7,600.00$ Utilities (Electrical, Gas, Water, Sewer)1 Monthly 3,438.00$ 2 6,876.00$ Telecommunications & Internet 1 Monthly 1,000.50$ 2 2,001.00$ Inventory/Goods Necessary to do Business 1 Monthly 33,746.00$ 2 67,492.00$ Supplies (office-related)1 Monthly 503.00$ 2 1,006.00$ Contractual Services (pest control, cleaning, etc.)1 Monthly 566.66$ 2 1,133.32$ Other (specify): Insurance 1 Monthly 1,713.00$ 2 3,426.00$ Other (specify): Credit Card Fees 1 Monthly 1,600.00$ 2 3,200.00$ Other (specify): Professional Fees 1 Monthly 633.00$ 2 1,266.00$ -$ State Total 119,742.32$ 119,742.32$ Working Capital Narrative (State): Section C - Budget Worksheet & Narrative 15). Working Capital: Costs directly related to the service or activities of the business. Total State-Funded Working Capital Resolution No. 2020-____ Page 1 Resolution No. 2020-_____ RESOLUTION OF SUPPORT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the City is applying to the State of Illinois for a Community Development Block Grant Program grant on behalf of Taekwondo Korea Center Inc., 482 E. Veterans Parkway, Yorkville, IL (the “Local Business”), and WHEREAS, it is necessary that an application be made by the City on behalf of the Local Business, and agreements entered with the State of Illinois. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the City apply for a grant on behalf of the Local Business under the terms and conditions of the State of Illinois and shall enter in to and agree to the understandings and assurances contained in said application. Section 2. That the Mayor and City Clerk on behalf of the City execute such documents and all other documents necessary for the carrying out of said application. Section 3. That the Mayor and City Clerk are authorized to provide such additional information as may be required to accomplish the obtaining of such grant. Section 4. Each section, clause, and provision of this Resolution shall be considered as separable, and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses, or provisions of this Resolution Section 5. That this resolution shall be in full force and effect upon its passage and approval as provided by law. Resolution No. 2020-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ JACKIE MILSCHEWSKI _________ ARDEN JOE PLOCHER _________ CHRIS FUNKHOUSER _________ JOEL FRIEDERS _________ SEAVER TARULIS _________ JASON PETERSON _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ MAYOR Attest: ______________________________ CITY CLERK 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 15 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 DOWNSTATE SMALL BUSINESS STABILIZATION PROGRAM APPLICATION FORMS 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 20 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 IV.BENEFITING BUSINESS INFORMATION Name of Business this application is in support of: Supported Business Name: Is Business operating under an Assumed Name? (see 805 ILCS 405) _____ Yes, registered in ________________ County _____ No Supported Business Address 1: Supported Business Address 2: Supported Business City: Supported Business State: Supported Business Zip: 99999-9999: Supported Business Phone Number ______________________________________________________ Supported Business E-Mail Address: Supported Business FEIN or ITIN: Supported Business DUNS (if not available, insert N./A): Supported Business SIC: https://www.naics.com/sic-codes-industry-drilldown/ Supported Business Authorized Signatory Contact: Signatory must sign Participation Agreement and Business Certification Form Last Name: First Name: Title: Daytime Phone: Home Phone: E-Mail: Has this business received federal or state funding (loans, grants or other assistance) related to the COVID19 emergency? _____ No _____ Yes If yes, provide the name/type of assistance and amount: Funding Program Name:_________________________________ Amount Received: $_______________ Funding Program Name:_________________________________ Amount Received: $_______________ BANKRUPTCY: Has the firm, officers or principals of the firm ever been involved in bankruptcy or insolvency procedures? ____ No _____ Yes If yes, provide details: PENDING LAWSUITS: Is the business or any officers or principals of the business involved in any lawsuits? ____ No _____ Yes If yes, provide details Taekwondo Korea Center Inc. 482 E Veterans Pkwy Yorkville IL 60560-1904 630-708-3132 info@TKCUSA.com 46-5624281 N/A 7999 Lim Taegyu Owner 630-359-1573 630-359-1573 info@TKCUSA.com 4 4 4 4 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 21 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Uniform GATA Budget-DSBS here. Completed by the local government and benefiting business. The Uniform Grant Application can be found at the bottom of this webpage: https://www2.illinois.gov/dceo/CommunityServices/CommunityInfrastructure/Pages/DownstateSmBizStabilizaition.aspx PLEASE FOLLOW DIRECTIONS BEGINNING ON PAGE 9 OF THE GUIDEBOOK TO COMPLETE THE GATA BUDGET-DSBS 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 22 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Project Summary here Provide a summary of the business’ present situation. This should include a brief description of the Business, e.g., type of firm, its product or service, and how long they have been in business. Describe how the CDBG funds will be used and reasons why they are needed in order for the Business to be in a position to retain jobs. Specific needs need to be identified. Explain what circumstances make this project necessary, in maintaining adequate permanent working capital to sustain operating needs. Taekwondo Korea Center Inc., established and operating since April of 2014, has been providing Taekwondo and discipline education programs to various age groups. Based on a subscription system, members regularly attend their respective classes during the week days and our frequent for-profit & non-profit events outside of our facility related to community development, fundraising, athletic activities, and donation. Due to COVID-19, we have put on hold in-class training and resorted to online training via Facebook Live Classes, instructional videos, etc. starting the 4th week of March. Since then, we have seen an alarming premature cancelation of our monthly memberships. More specifically, as of May 1st, 2020, more than 45 members have explicitly expressed their desire to cancel their monthly membership, to which we satisfied in accordance to our membership contract. In March, approximately 20 memberships were canceled. In April, more than 25 memberships were canceled. Observing the weekly-increasing trend of cancelation, we expect the numbers to further increase in the coming months. Additionally, another significant source of income has been the aforementioned for-profit events outside of our facility. Given the current circumstances that prevented all of our events, we have experienced a sharp decrease in income in addition to the decreasing number of active memberships. Furthermore, we have come to an extremely difficult decision to withhold billing all of our members starting May 1st, as we have discerned that online instruction is not as nearly sufficient to justify the continuance of monthly charge. Therefore, our income is expected to completely cease starting 5/1 until we are able to return to the normal operational capacity, which is highly uncertain given the current atmosphere. All things considered, the business is in greater need than ever of the CDBG funds to pay the remaining balance on our rent bill, which we have not been able to fulfill since April (as per page 25a), as well as June's rent. Additionally, we plan to utilize the funds to return to regularly paying the workers, which we also lacked capacity for since April due to the large loss of income. Finally, we plan to cover company vehicle insurance, building insurance, telecommunications/internet bills, and merchant service with the funds. Moving forward, through this grant, we are hopeful that we can resolve the overdue costs as well the operational costs of May and June. This will allow us to endure the greatest financial obstacle our business has ever experienced, so that we can continue to provide quality education that has transformed numerous lives and made a positive social impact in our communities. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 23 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 NET INCOME VERIFICATION The business must identify their net income for the last three fiscal years beginning January 1, 2017 and ending December 31, 2019. Net income can be obtained from the Profit and Loss statement, generally the last item on that statement. If the Profit and Loss statements cannot be found, net income can be derived from total sales minus total expenses. In addition, cash balances must be provided. This will be either the first line item on the balance sheet or bank statements as of the last day of each fiscal year. Three years of ending cash balances must be provided for each fiscal year. Fiscal Year Ending: Net Income Net Income derived from Profit/Loss Statement? (Yes/No) Net Income calculated from total sales – total expenses? (Yes/No) Cash Balance December 31, 2017 December 31, 2018 December 31,2019 Current: JANUARY, 2020 MONTHLY BUDGET Provide the appropriate information below reflecting your business’s monthly budget for January, 2020. Budget Item Total Monthly Expenditures Monthly Net Income Computation Total Income Personnel (Salary & Wages) Fringe Benefits Equipment Inventory Supplies Occupancy (Rent & Utilities) Telecommunications Other (Specify) Other (Specify) Other (Specify) Total of All Expenditures Monthly Net Income (Total Income – Total of All Expenditures) -$54 Yes No $5,949.65 -$484 Yes No $3,647.86 $112 Yes No $7,312.24 $4,748.52 $12,730 $3,970 $1,484 $1,540 $2,210 $200 $4,910 $140 $413 $1,295 $16,162 -$3,432 Merchant Service Payment IRS/Illinois Rev Tax Payment 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 24 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Most Recent Bank Statement here. From the benefiting business. Please make certain to redact (mark out) the account number. PSKEY01|DDA0|01|FTCH|20200430|8|0|S|1|45235|45235|7240335831|0|104043||PSKEY99| Statement Period Date: 4/1/2020 - 4/30/2020 Account Type: 5/3 BUS STANDARD CKG Account Number: 7240335831 TAEKWONDO KOREA CENTER INC 482 E VETERANS PKWY YORKVILLE IL 60560-1904 0 45235 FTCSTMT023 023 20200430 UDSPDFSTMT 0000000007240335831 DDA Page 1 of 4 (CHICAGO) P.O. BOX 630900 CINCINNATI OH 45263-0900 For additional information and account disclosures, please visit www.53.com/businessbanking Banking Center: St. Charles - West Banking Center Phone: 630-377-5100 Business Banking Support: 877-534-2264 Account Summary - 04/01 Beginning Balance $5,929.92 Number of Days in Period 30 3 Checks $(4,200.00) 37 Withdrawals / Debits $(5,409.84) 11 Deposits / Credits $8,484.95 04/30 Ending Balance $4,805.03 Analysis Period: 03/01/20 - 03/31/20 Standard Monthly Service Charge $11.00 Standard Monthly Service Charge Waived (see below)-$11.00 Service Charge withdrawn on 04/10/20 $0.00 Standard Monthly Service Charge waived if:Current Relationship Overview: Your business maintains a total monthly average Balance Criteria Met?Yes balance of $3,500 across its business checking, savings,Total Combined Monthly Average Balance $3,709.87 and certificate of deposit accounts. OR your business spends at least $500 per month on Other Criteria Met?Yes its business credit card.$500 Business Credit Card Spend?Yes Checks 3 checks totaling $4,200.00 * Indicates gap in check sequence i = Electronic Image s = Substitute Check Number Date Paid Amount Number Date Paid Amount Number Date Paid Amount 1582 i 04/21 2,000.00 1583 i 04/13 200.00 1584 i 04/07 2,000.00 Withdrawals / Debits 37 items totaling $5,409.84 Date Amount Description 04/01 71.94 MERCHANT PAYMENT AMAZON.COM*631H5 - 000 AMAZON.COM SEATTLE WA ON 040120 FROM CARD#: XXXXXXXXXXXX399X 04/02 373.62 MERCHANT SERVICE MERCHANT ACTIVITY MERCH FEE 8029226985 TAEKWONDO KOREA CENTER 040220 04/03 2.65 DEBIT CARD PURCHASE AT DD/BR #336529 Q35, NILES, IL ON 040220 FROM CARD#: XXXXXXXXXXXX3996 04/03 6.00 DEBIT CARD PURCHASE AT GOOGLE *GSUITE_tkc, cc@google.com, CA ON 040220 FROM CARD#: XXXXXXXXXXXX3996 04/03 10.11 DEBIT CARD PURCHASE AT THORNTONS #0126, NAPERVILLE, IL ON 040120 FROM CARD#: XXXXXXXXXXXX3996 04/03 761.14 JPMorgan Chase Ext Trnsfr 9244438957 TAEKWONDO KOREA CENTER 040320 04/06 39.87 DEBIT CARD PURCHASE AT BP#9639139YORKVILL, YORKVILLE, IL ON 040320 FROM CARD#: XXXXXXXXXXXX3996 04/06 500.00 5/3 ONLINE TRANSFER TO CC: XXXXXXXXXXXX3210 REF # 00640675617 04/07 267.66 FARMERS INS EXCH BILL PAYMENT INSPAYMENT 005048530001000 TAEKWONDO KOREA CENTER 040720 page 24a Page 2 of 4 FTCSTMT023 023 20200430 UDSPDFSTMT 0000000007240335831 DDA PSKEY01|DDA0|01|FTCH|20200430|8|0|S|1|45235|45235|7240335831|0|104044||PSKEY99| Withdrawals /Debits -continued Date Amount Description 04/08 8.49 DEBIT CARD PURCHASE AT AMZN Mktp US*926LY, Amzn.com/bill, WA ON 040820 FROM CARD#: XXXXXXXXXXXX3996 04/09 88.61 MERCHANT PAYMENT - 385003 H MART - NAPERV NAPERVILLE IL ON 040920 FROM CARD#: XXXXXXXXXXXX399X 04/09 455.25 WEB INITIATED PAYMENT AT FARMERS INS EFT PYMT T30378728808WEB 040920 04/09 83.85 FIFTH THIRD ACH MPS BILLNG 0K9244 TAEKWONDO KOREA CENTER 040920 04/13 42.51 MERCHANT PAYMENT WAL Wal-Mart Sup - 520013 5352 WAL-SAMS BATAVIA IL ON 041320 FROM CARD#: XXXXXXXXXXXX399X 04/13 94.95 MERCHANT PAYMENT NST THE HOME DEP - 979270 2111 S RANDLE RD GENEVA IL ON 041320 FROM CARD#: XXXXXXXXXXXX399X 04/13 143.50 MERCHANT PAYMENT NST THE HOME DEP - 166791 2111 S RANDLE RD GENEVA IL ON 041320 FROM CARD#: XXXXXXXXXXXX399X 04/14 81.28 COMED UTIL_BIL 2863123122 0414 TAEKWONDO KRA CNTR 041420 04/16 14.49 MERCHANT PAYMENT - 284593 JEWEL OSCO 2702 YORKVILLE IL ON 041620 FROM CARD#: XXXXXXXXXXXX399X 04/16 17.50 MERCHANT PAYMENT - 284552 JEWEL OSCO 2702 YORKVILLE IL ON 041620 FROM CARD#: XXXXXXXXXXXX399X 04/16 188.22 MERCHANT PAYMENT - 385002 H MART - NAPERV NAPERVILLE IL ON 041620 FROM CARD#: XXXXXXXXXXXX399X 04/17 149.00 MERCHANT SERVICE MERCHANT ACTIVITY MERCH CHBK 8029226985 TAEKWONDO KOREA CENTER 041720 04/20 23.57 DEBIT CARD PURCHASE AT SUBWAY 0011, YORKVILLE, IL ON 041620 FROM CARD#: XXXXXXXXXXXX3996 04/20 149.00 MERCHANT SERVICE MERCHANT ACTIVITY MERCH CHBK 8029226985 TAEKWONDO KOREA CENTER 042020 04/21 15.59 MERCHANT PAYMENT - 120601 BP#9639139YORKV YORKVILLE IL ON 042120 FROM CARD#: XXXXXXXXXXXX399X 04/21 3.24 MERCHANT PAYMENT WENDY'S 8586 - 055014 1855 MARKETVIEW DR YORKVILLE IL ON 042120 FROM CARD#: XXXXXXXXXXXX399X 04/22 209.57 Nicor Gas GAS PAYMNT 4390697336 042220 04/23 16.85 MERCHANT PAYMENT AMAZON.COM*EU1H2 - 000 AMAZON.COM SEATTLE WA ON 042320 FROM CARD#: XXXXXXXXXXXX399X 04/23 33.92 MERCHANT PAYMENT - 120601 BP#9639139YORKV YORKVILLE IL ON 042320 FROM CARD#: XXXXXXXXXXXX399X 04/23 77.36 MERCHANT PAYMENT - 316408 MNRD-YORK 1800 MARKETV YORKVILLE IL ON 042320 FROM CARD#: XXXXXXXXXXXX399X 04/23 133.05 ATT Payment 049138011EPAYV 042320 04/23 1,000.00 5/3 ONLINE TRANSFER TO CC: XXXXXXXXXXXX3210 REF # 00643834093 04/24 195.62 MERCHANT PAYMENT - 104013 COSTCO WHSE #10 ST CHARLES IL ON 042420 FROM CARD#: XXXXXXXXXXXX399X 04/24 98.09 MERCHANT PAYMENT NST THE HOME DEP - 166791 2111 S RANDLE RD GENEVA IL ON 042420 FROM CARD#: XXXXXXXXXXXX399X 04/27 2.86 DEBIT CARD PURCHASE AT THORNTONS #0126, NAPERVILLE, IL ON 042320 FROM CARD#: XXXXXXXXXXXX3996 04/28 20.00 DEBIT CARD PURCHASE AT PAYGATE_KIWDISK, SEOUL, KO ON 042420 FROM CARD#: XXXXXXXXXXXX3996 04/28 0.60 INTERNATIONAL TRANS FEE 04/29 29.88 MERCHANT PAYMENT - 120601 BP#9639139YORKV YORKVILLE IL ON 042920 FROM CARD#: XXXXXXXXXXXX399X Deposits /Credits 11 items totaling $8,484.95 Date Amount Description 04/01 792.00 MERCHANT SERVICE MERCHANT ACTIVITY MERCH DEP 8029226985 TAEKWONDO KOREA CENTER 040120 04/03 1,164.00 MERCHANT SERVICE MERCHANT ACTIVITY MERCH DEP 8029226985 TAEKWONDO KOREA CENTER 040320 04/06 417.00 MERCHANT SERVICE MERCHANT ACTIVITY MERCH DEP 8029226985 TAEKWONDO KOREA CENTER 040620 04/09 149.00 MERCHANT SERVICE MERCHANT ACTIVITY MERCH DEP 8029226985 TAEKWONDO KOREA CENTER 040920 04/13 533.00 MERCHANT SERVICE MERCHANT ACTIVITY MERCH DEP 8029226985 TAEKWONDO KOREA CENTER 041320 page 24b TAEKWONDO KOREA CENTER INC 482 E VETERANS PKWY YORKVILLE IL 60560-1904 / 0 FTCSTMT023 023 20200430 UDSPDFSTMT 0000000007240335831 DDA 45235 Page 3 of 4 PSKEY01|DDA0|01|FTCH|20200430|8|0|S|1|45235|45235|7240335831|0|104045||PSKEY99| (CHICAGO) P.O. BOX 630900 CINCINNATI OH 45263-0900 Statement Period Date: 4/1/2020 - 4/30/2020 Account Type: 5/3 BUS STANDARD CKG Account Number: 7240335831 Banking Center: St. Charles - West Banking Center Phone: 630-377-5100 Business Banking Support:877-534-2264 Deposits /Credits -continued Date Amount Description 04/13 94.95 MERCHANT CREDIT NST THE HOME DEP - 166759 2111 S RANDLE RD GENEVA IL 04/16 1,885.00 MERCHANT SERVICE MERCHANT ACTIVITY MERCH DEP 8029226985 TAEKWONDO KOREA CENTER 041620 04/20 877.00 MERCHANT SERVICE MERCHANT ACTIVITY MERCH DEP 8029226985 TAEKWONDO KOREA CENTER 042020 04/23 1,620.00 MERCHANT SERVICE MERCHANT ACTIVITY MERCH DEP 8029226985 TAEKWONDO KOREA CENTER 042320 04/27 566.00 MERCHANT SERVICE MERCHANT ACTIVITY MERCH DEP 8029226985 TAEKWONDO KOREA CENTER 042720 04/30 387.00 MERCHANT SERVICE MERCHANT ACTIVITY MERCH DEP 8029226985 TAEKWONDO KOREA CENTER 043020 Daily Balance Summary Date Amount Date Amount Date Amount 04/01 6,649.98 04/13 3,929.72 04/23 4,199.08 04/02 6,276.36 04/14 3,848.44 04/24 3,905.37 04/03 6,660.46 04/16 5,513.23 04/27 4,468.51 04/06 6,537.59 04/17 5,364.23 04/28 4,447.91 04/07 4,269.93 04/20 6,068.66 04/29 4,418.03 04/08 4,261.44 04/21 4,049.83 04/30 4,805.03 04/09 3,782.73 04/22 3,840.26 . page 24c FTCSTMT023 023 20200430 UDSPDFSTMT 0000000007240335831 DDA Page 4 of 4 PSKEY01|DDA0|01|FTCH|20200430|8|0|S|1|45235|45235|7240335831|0|104046||PSKEY99| page 24d 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program- 25 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Additional Documentation here. From the benefiting business. If available, other forms of documentation to demonstrate the lack of permanent working capital in support of operating expenses. Such evidence may include shutoff utility notices, delinquent bills, denied loan applications, etc Dear Joseph Kimnach, I hope this email finds you well. This letter is to inform you about how the recent COVID-19 has affected our business and its implications. As you are aware, we have stopped providing in-studio training and have resorted to online remote training. As a result, there has been an unforeseen number of members prematurely cancelling their membership. This has greatly reduced our income, and we are in a situation where we cannot even pay our rent due at the end of the month. I regretfully inform you today that I am no longer able to pay your monthly salary. My hope is that this will be temporary and we’ll be back on our feet soon. I am diligently applying for Federal and State loans and grants, so that I can start paying you and all the other bills. The government is providing unemployment benefits and grants—which I, too, am applying for— and I advise you to take advantage of these available resources. Though you are no longer obligated to come to work, since the online remote programs will continue, your presence will be a tremendous help. Please don’t hesitate to reach out to me for any questions or comments. Respectfully, Taegyu Lim 3/30/20 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -26 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 DOCUMENTATION of EMPLOYEE STATUS Expand as Needed Provide a list of all personnel that were employed as of January 1, 2020 as well as new hires since that date. Include the business owner(s). Indicate status of each employee. Provide the total of employees on 1/1/2020. Employee Name Employee’s Last 4 Digits of Social Security # Status on 1/1/20 Current Status Employed Hired after 12/31/19 Employed working at business location Employed working remotely Temporarily Laid Off Terminated TOTAL: Taegyu Lim 9795 Joseph Kimnach 7888 2 4 4 4 4 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -34 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 BUSINESS CERTIFICATIONS The Business understands that no aspect of the project proposed for assistance will commence prior to the award of funds to the community and the receipt of environmental clearance. The Business certifies that it is a Business in good standing, authorized to do business in Illinois and has no delinquent tax liabilities. The Business further authorizes the Department of Commerce and Economic Opportunity to seek a tax clearance letter from the Illinois Department of Revenue and authorizes the Department of Revenue to provide such a letter stating whether the records of the Department show that Borrower is in compliance with all tax acts administered by the Department of Revenue and to which Borrower is subject. The Business also certifies that no tax liens, including but not limited to, municipal, county, state, or federal, have been filed against the Business, any partners of the Business, the majority shareholder of the Business, or in the name of a related business owned by the recipient. The Business authorizes the Department of Commerce and Economic Opportunity to verify in any manner deemed appropriate any and all items indicated in this application which includes information obtained through the Illinois Department of Employment Security, Consumer Credit Bureau Services, business reporting services such as Dun and Bradstreet and criminal history record check. The Business certifies that all information and documentation contained in this application, is accurate, complete and true to the best of his/her knowledge. The Business certifies that it has read and understands the application guidelines. __________________________________________ ____________________________ Signature of Chief Executive Officer Date ________________________________________ Typed Name of Chief Executive Officer ________________________________________ ____________________________ Name of Business FEIN # ________________________________________ ____________________________ Business Address DUNS # ____________________________ SIC # 5/1/2020 Taegyu Lim Taekwondo Korea Center Inc.46-5624281 482 E Veterans Pkwy, Yorkville, IL 60560 N/A 7999 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -44 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 PARTICIPATION AGREEMENT THIS AGREEMENT is made as of the ____ day of ________, 2020 by and between the City of ____________ ("Unit of Local Government") and ______________________, Inc., (Benefiting “Business"). WHEREAS, the Unit of Local Government is interested in maintaining its economic base with the primary emphasis on retaining jobs. WHEREAS, the Unit of Local Government has entered into an agreement with the Illinois Department of Commerce and Economic Opportunity to implement an economic development program that significantly impacts upon the Unit of Local Government's economic base; and WHEREAS, the Business is interested in maintaining its employment base; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: I. GENERAL DEFINITIONS 1.1 "Application" shall mean all materials submitted by the Business to the Unit of Local Government or the State of Illinois in connection with this Agreement. 1.2 "DCEO Funds" shall mean the sum of $_____________ representing the grant received by the Unit of Local Government pursuant to its agreement with the Illinois Department of Commerce and Economic Opportunity (DCEO). II. PERFORMANCE 2.1 The Unit of Local Government agrees, subject to the terms and conditions of this Agreement, to provide grant funds to the Business for the purpose of working capital. 2.2 Grant funds shall be paid with Community Development Block Grant funds through DCEO. 2.3 Business must remain open or reopen and retain or re-employ permanent jobs prior to the grant end date (one year from grant award). 2.4 In the event the Unit of Local Government fails to receive the DCEO funds, for any reason, this Agreement shall be terminated, at the sole option of the Unit of Local Government, without fault as to either party. III. COVENANTS, REPRESENTATIONS AND WARRANTIES OF THE BUSINESS 3.1 On or prior to the date of this Agreement, all legal matters incident to this Agreement and the transactions contemplated hereby shall be satisfactory to the Unit of Local Government. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -45 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 3.2 Business represents and warrants that: (a) Business is a sole proprietorship, corporation or partnership, as the case may be, duly formed, validly existing and in good standing under the laws of Illinois, is duly licensed and duly qualified as a foreign corporation or partnership, as the case may be, in good standing in all the jurisdictions in which the character of the property owned or leased or the nature of the business conducted by it requires such licensing or qualification and has all proprietorship, corporate or partnership powers, as the case may be, and all material governmental licenses, authorizations, consents and approvals required to carry on its business as now conducted. (b) The execution, delivery and performance by Business of this Agreement, are within Business's proprietorship, corporate or partnership powers, have been duly authorized by all necessary proprietorship, corporate or partnership action, require no action by or in respect of, or filing with, any governmental body, agency or official and do not contravene any provision of applicable law or regulation or of the Articles of Incorporation or By-Laws or Partnership Agreement of Business, as the case may be. (c) This Agreement constitutes a valid and binding agreement of Business. (d) The Application is in all respects true and accurate and there are no omissions or other facts or circumstances which may be material to this Agreement or the Project. (e) The financial information delivered to Unit of Local Government pursuant to the Application fully and accurately present the financial condition of the Business. No material adverse change in the condition, financial or otherwise, of Business has occurred since the date of the financial statements most recently delivered to the Unit of Local Government. (f) Neither Business nor, to the best of Business's knowledge, any of Business's employees have been convicted of bribing or attempting to bribe an officer or employee of the Unit of Local Government, nor has the Business made an admission of guilt of such conduct which is a matter of record. 3.3 The Business shall keep detailed records of all matters related to this Agreement (including the Exhibits hereto). The Business shall provide to the Unit of Local Government all materials necessary for the Unit of Local Government to meet reporting and other requirements of this grant. 3.4 The Business shall comply with all applicable state and federal law and regulations promulgated thereunder. Business shall comply with all applicable laws and regulations prohibiting discrimination on the basis of race, sex, religion, national origin, age or handicap, including but not limited to the Illinois Human Rights Act, as now or hereafter amended, and the Equal Employment Opportunity Clause promulgated pursuant thereto. 3.5 Business shall fully and completely indemnify, defend and hold harmless the Unit of Local Government and the State of Illinois and their officers, directors, employees and 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -46 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 agents against any liability, judgment, loss, cost, claim, damage (including consequential damage) or expense (including attorney's fees and disbursements, settlement costs, consultant fees, investigation and laboratory fees) to which any of them may become subject insofar as they may arise out of or are based upon this Agreement or any agreement or document executed by Business and Unit of Local Government as part of the transaction described herein. 3.6 The Unit of Local Government shall have the right of access, at all reasonable hours, to Business's premises and books and records for purpose of determining compliance with this Agreement. In addition to the reporting specifically required hereunder, Business shall furnish to the Unit of Local Government such information as the Unit of Local Government may reasonably request with respect to this Agreement. IV. DEFAULT AND REMEDIES 4.1 If one or more of the following events ("Defaults") occurs and is not timely cured, then, the Unit of Local Government may declare Business in default under this Agreement and seek any of the enumerated remedies described in this Section. (a) Business fails to observe or perform any covenant or agreement contained in this Agreement, including the Exhibits hereto, for 10 days after written notice to cure thereof has been given to Business by the Unit of Local Government; (b) Any representation, warranty, certificate or statement made by Business in this Agreement, including the Exhibits hereto, or in any certificate, report, financial statement or other document delivered pursuant to this Agreement shall prove to have been incorrect when made in any material respect; (c) Business shall commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any substantial part of its property, or shall consent to any such relief or to the appointment of or taking possession by any such official in an involuntary case or other proceeding commenced against it, or shall make a general assignment for the benefit of creditors, or shall fail generally to pay its debts as they become due, or shall take any corporate action to authorize any of the foregoing; (d) An involuntary case or other proceeding shall be commenced against Business seeking liquidation, reorganization or other relief with respect to it or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any substantial part of its property, and such involuntary case or other proceedings shall remain undismissed and unstayed for a period of 60 days; or an order for relief shall be entered against Business under the federal bankruptcy laws as now or hereafter in effect; 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -47 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 (e) Business ceases the conduct of active trade or business in the Unit of Local Government's community for any reason, including, but not limited to, fire or other casualty; and does not reopen prior to the end date of the grant agreement. 4.2 If a Default occurs and is not timely cured, then the Unit of Local Government shall seek reimbursement from the Business for all funds (including DCEO funds) expended by the Unit of Local Government on or related to the Project, including, but not limited to working capital, equipment, architectural engineering, construction, administrative, real estate and incidental costs related thereto. 4.3 Upon notice of a Default and if said Default is not timely cured, the Unit of Local Government shall notify the Business that reimbursement shall be made to the Unit of Local Government within 30 days after said notice. If the Business fails to reimburse the Unit of Local Government within 30 days after the date of the notice, the Unit of Local Government shall have the right to collect interest on the unpaid balance beginning on the 31st day after notice at a rate equal to 12% per annum. 4.4 If the Unit of Local Government is successful in any proceeding to enforce the terms of this Agreement, then the Unit of Local Government shall have the right to obtain from the Business, as an additional remedy, attorney fees, costs and expenses, related to the proceeding. V. TERMINATION 5.1 This Agreement may be terminated at any time by written, mutual agreement of the parties, provided the Unit of Local Government has obtained written consent from the Illinois Department of Commerce and Economic Opportunity as to such termination. 5.2 This Agreement may be terminated by the Unit of Local Government whenever it issues a notice of Default to the Business and the Business does not timely cure the Default pursuant to Section IV. 5.3 This Agreement will terminate when the Project has been completed and when all of the terms and conditions of this Agreement (including the Exhibits thereto) creating duties upon the Business, have been satisfied by the Business. VI. GENERAL PROVISIONS 6.1 Notice required hereunder shall be in writing and shall be deemed to have validly served, given or delivered upon deposit in the United States mail, by registered mail, return receipt requested, at the address set forth on the signature page hereof or to such other address as each party may specify for itself by like notice. 6.2 All covenants, agreements, representations and warranties made herein and, in the certificates, delivered pursuant hereto shall survive the execution of the Agreement and shall continue in full force and effect so long as the Agreement shall be in force. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -48 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 6.3 No failure or delay by the Unit of Local Government in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law. 6.4 Wherever possible each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision shall be invalid under applicable law, such provision shall be ineffective to the extent of such invalidity without invalidating the remaining provisions of this Agreement. 6.5 This Agreement represents the full and complete agreement between the parties with respect to the matters addressed herein and there are no oral agreements or understandings between the parties. 6.6 This Agreement shall be construed in accordance with and governed by the law of the State of Illinois. 6.7 This Agreement may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. 6.8 No modification of or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the parties hereto, and provided further, that the Unit of Local Government shall obtain written consent of the Illinois Department of Commerce and Economic Opportunity prior to executing any such modification or waiver. 6.9 The Business certifies that it has not been barred from bidding on or receiving State contracts as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961 (bid rigging or bid rotating, respectively) (720 ILCS 5/33E-3 and 5/33-4). 6.10 The Business certifies that it has not been barred from being awarded a contract or subcontract under Section 50-5 of the Illinois Procurement (Code 30 ILCS 500). 6.11 The Business acknowledges that receipt of benefits under this agreement may require compliance with the Prevailing Wage Act (820 ILCS 130). Persons willfully failing to comply with or violating this act may be in violation of the Criminal Code. Questions concerning compliance with the Prevailing Wage Act should be directed to the Illinois Department of Labor. 6.12 The Unit of Local Government acknowledges that if the project as proposed by this Agreement is completed in accordance with this Agreement and the Agreement executed between the Unit of Local Government and the Department of Commerce and Economic Opportunity then the provisions cited above in 6.9; 6.10; and 6.11 do not apply to the Business but do apply to the activities to be completed by the Unit of Local Government. 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -49 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 IN WITNESS WHEREOF, the parties executed this Agreement the day and year first above written. (Business Name) By: (Name of Officer) Its: President By: Honorable (Name of Mayor) Its: Mayor Address: Address: 1 2020 CDBG GUIDEBOOK Downstate Small Business Stabilization Program -50 State of Illinois - Dept. of Commerce and Economic Opportunity (DCEO) Clarified 4/14/2020 Insert Benefiting Business’s Certificate of Good Standing from Secretary of State here. The certificate can be printed from: https://www.ilsos.gov/corporatellc/ This requirement does not apply if the benefiting business is a Sole Proprietorship. To all to whom these Presents Shall Come, Greeting: I, Jesse White, Secretary of State of the State of Illinois, do hereby certify that I am the keeper of the records of the Department of Business Services. I certify that In Testimony Whereof, I hereto set my hand and cause to be affixed the Great Seal of the State of Illinois, this day of A.D. . SECRETARY OF STATE File Number Authenticate at: Authentication #: MAY 2020 2012202512 verifiable until 05/01/2021 http://www.cyberdriveillinois.com 6941-599-7 TAEKWONDO KOREA CENTER INC., A DOMESTIC CORPORATION, INCORPORATED UNDER THE LAWS OF THIS STATE ON APRIL 25, 2014, APPEARS TO HAVE COMPLIED WITH ALL THE PROVISIONS OF THE BUSINESS CORPORATION ACT OF THIS STATE, AND AS OF THIS DATE, IS IN GOOD STANDING AS A DOMESTIC CORPORATION IN THE STATE OF ILLINOIS. 1ST 0 Description Quantity Basis Cost Length of time Capital Cost Personnel (Salaries and Wages)1 monthly 3,970.00$ 2 7,940.00$ Fringe Benefits 1 monthly 1,761.14$ 2 3,522.28$ Occupancy (Rent/Mortgage Payments)1 monthly 4,500.00$ 2 9,000.00$ Utilities (Electrical, Gas, Water, Sewer)1 monthly 380.00$ 2 760.00$ Telecommunications & Internet 1 monthly 134.53$ 2 269.06$ Inventory/Goods Necessary to do Business 1 monthly 450.00$ 2 900.00$ Supplies (office-related)1 monthly 320.00$ 2 640.00$ Contractual Services (pest control, cleaning, etc.)1 monthly -$ 2 -$ Other (specify): Missions Ministry Donation 1 monthly 200.00$ 2 400.00$ Other (specify): Insurance 1 monthly 724.91$ 2 1,449.82$ Other (specify): IRS Tax Payment, Merchant Service Payment, Illinois Reven Edi Payment 1 monthly 1,709.21$ 2 3,418.42$ -$ State Total 28,299.58$ 28,299.58$ Working Capital Narrative (State): Section C - Budget Worksheet & Narrative 15). Working Capital: Costs directly related to the service or activities of the business. Total State-Funded Working Capital Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Minutes #1 Tracking Number Minutes of the Regular City Council – April 28, 2020 City Council – May 26, 2020 Majority Approval Approval of Minutes Lisa Pickering Administration Name Department DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY, APRIL 28, 2020 Mayor Purcell called the meeting to order at 7:09 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Pickering called the roll. Ward I Koch Present (electronic attendance) Transier Present (electronic attendance) Ward II Milschewski Present (electronic attendance) Plocher Present (electronic attendance) Ward III Funkhouser Present (electronic attendance) Frieders Present (electronic attendance) Ward IV Tarulis Present (electronic attendance) Peterson Present (electronic attendance) Staff in attendance at city hall: City Administrator Olson, Chief of Police Jensen, and Attorney Orr. Staff in attendance electronically: City Clerk Pickering, Public Works Director Dhuse, Community Development Director Barksdale-Noble, Finance Director Fredrickson, Parks and Recreation Director Evans, Assistant City Administrator Willrett, and EEI Engineer Sanderson. Clerk’s Note: Due to COVID-19, requirements of the Open Meetings Act have been temporarily suspended by Governor Pritzker via Executive Order 2020-07, which suspends the provisions of the Open Meetings Act, 5 ILCS 120, “Specifically, (1) the requirement in 5 ILCS 120/2.01 that “members of a public body must be physically present” is suspended; and (2) the condition in 5 ILCS 120/7 limiting when remote participation is permitted are suspended”. Members of the public were able to attend this meeting in person while practicing social distancing as well as being able to access the meeting remotely via Zoom which allowed for video, audio and telephonic participation. A meeting notice was posted on the city’s website on the agenda, minutes and packets webpage with instructions regarding remote meeting access and a link was included for the public to participate in the meeting remotely: https://us02web.zoom.us/j/86932462163?pwd=OVNRQWxYZFY0Uld0c1FycjRTYXdFZz09. The Zoom meeting ID was 869 3246 2163. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS ON AGENDA ITEMS Todd Milliron, Kendall County resident, was present in city hall and spoke in favor of allowing local restaurants and bars the ability to sell beer “to go” in growlers. CONSENT AGENDA (as recommended by Mayor Purcell) 1. Ashley Pointe – Acceptance of Public Improvements – accept the public improvements (water main, sanitary sewer, storm sewer, paving, sidewalk, street lighting, and parkway trees) as described in the Bill of Sale for ownership and maintenance by the city and authorize a reduction to the performance guarantee to the amount of $57,960.00 to cover the one-year maintenance period, subject to verification that the developer has no outstanding debt owed to the City for this project and subject to receipt of a signed Bill of Sale (CC 2020-23) The Minutes of the Regular Meeting of the City Council – April 28, 2020 – Page 2 of 5 CONSENT AGENDA (cont’d) 2. Fox Hill and Sunflower Estates SSA Landscape Maintenance – Contract Award – authorize staff to enter into a contract with Cox Landscaping, LLC of Yorkville for the landscape maintenance services for the Fox Hill and Sunflower Estates SSA areas (CC 2020-24) 3. Resolution 2020-15 Authorizing the Execution of a Contract for the Countryside Lift Station Basement Painting Services with LeCuyer Painting and Decorating, Inc. in the Amount not to Exceed $44,900.00 – authorize the Mayor and City Clerk to execute (CC 2020-25) 4. Resolution 2020-16 Authorizing the Execution of a Contract for the Materials Purchase for the Raintree Subdivision Lighting Project with Amperage Electrical Supply, Inc. in the Amount not to Exceed $80,964.50 – authorize the Mayor and City Clerk to execute (CC 2020-26) Mayor Purcell entertained a motion to approve the consent agenda as presented. So moved by Alderman Milschewski; seconded by Alderman Koch. Motion approved by a roll call vote. Ayes-8 Nays-0 Koch-aye, Milschewski-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Plocher-aye, Frieders-aye, Peterson-aye MINUTES FOR APPROVAL Mayor Purcell entertained a motion to approve the minutes of the regular City Council meeting of April 14, 2020 as presented. So moved by Alderman Milschewski; seconded by Alderman Tarulis. Motion unanimously approved by a viva voce vote. BILLS FOR PAYMENT Mayor Purcell entertained a motion to approve the bill list in the amount of $323,085.85 (vendors); $303,733.20 (payroll period ending 4/17/20); for a total of $626,819.05. So moved by Alderman Transier; seconded by Alderman Milschewski. Motion unanimously approved by a viva voce vote. REPORTS MAYOR’S REPORT Ordinance Granting Emergency Powers to the Mayor of the United City of Yorkville (CC 2020-27) Mayor Purcell stated that this ordinance was not needed at this time; therefore, he entertained a motion to table an Ordinance Granting Emergency Powers to the Mayor of the United City of Yorkville. So moved by Alderman Milschewski; seconded by Alderman Funkhouser. Motion unanimously approved by a viva voce vote. Appointment of Department Heads (CC 2020-28) Mayor Purcell entertained a motion to approve the Mayor's appointments of the department heads for the next fiscal year as follows: City Administrator and Budget Officer – Bart Olson Chief of Police – James Jensen City Clerk – Lisa Pickering City Treasurer and Director of Finance – Rob Fredrickson Director of Public Works – Eric Dhuse Director of Parks and Recreation – Tim Evans Building Inspector/Zoning Officer – Pete Ratos City Engineer – Engineering Enterprises, Inc. City Attorney – Kathleen Field Orr So moved by Alderman Milschewski; seconded by Alderman Frieders. Motion approved by a roll call vote. Ayes-8 Nays-0 Tarulis-aye, Transier-aye, Plocher-aye, Frieders-aye, Peterson-aye, Koch-aye, Milschewski-aye, Funkhouser-aye The Minutes of the Regular Meeting of the City Council – April 28, 2020 – Page 3 of 5 Proclamation for Motorcycle Awareness Month (CC 2019-29) Mayor Purcell proclaimed the month of May 2020 as Motorcycle Awareness Month in the United City of Yorkville (see attached). PUBLIC WORKS COMMITTEE REPORT Elizabeth Street Water Main Improvements – Contract Award (PW 2020-32) Elizabeth Street Water Main Improvements – Construction Engineering Agreement (PW 2020-33) Mayor Purcell stated that he is not recommending that the City Council approve the Elizabeth Street Water Main Improvements contracts at this time. He said these projects are not critical to city operations this year and it is felt that it is better to preserve city funds in case the funds are needed for more critical items in the future. Mayor Purcell entertained a motion to table the Elizabeth Street Water Main Improvements – Contract Award (PW 2020-32) and the Elizabeth Street Water Main Improvements – Construction Engineering Agreement (PW 2020-33). So moved by Alderman Plocher; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-8 Nays-0 Transier-aye, Plocher-aye, Frieders-aye, Peterson-aye, Koch-aye, Milschewski-aye, Funkhouser-aye, Tarulis-aye Capital Improvement Projects Update (CC 2020-30) Public Works Director Dhuse said the capital improvement projects update is an informational item. Information can be found in the meeting packet. Quarterly Bond and Letter of Credit Reduction Summary (CC 2020-31) Public Works Director Dhuse said the quarterly bond and letter of credit reduction summary is an informational item. Information can be found in the meeting packet. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Municipal Aggregation Bid Results (CC 2020-34) Alderman Funkhouser made a motion to approve to approve a Master Power Supply Agreement by and between the City of Yorkville and MC Squared Energy Services to Provide Full-Requirements Electricity Supply and Related Services for an Electric Aggregation Program for a term of two years with the “Green Power” option; seconded by Alderman Plocher. City Administrator Olson explained that the municipal aggregation includes a master power supply agreement for residential aggregation for electric. Additionally, there is a “Green Power” option which means that five percent of the electricity that is supplied would come from renewable sources. In addition, this “Green Power” option will make the City eligible for a grant in the amount of $72,000. It was questioned if those that participate in the aggregation program would ever pay higher rates than what ComEd offers. Chris Childress from Progressive Energy was in attendance electronically and confirmed that residents would never pay more than the rates that ComEd offers. Motion approved by a roll call vote. Ayes-8 Nays-0 Frieders-aye, Peterson-aye, Koch-aye, Milschewski-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye PARK BOARD No report. The Minutes of the Regular Meeting of the City Council – April 28, 2020 – Page 4 of 5 PLANNING AND ZONING COMMISSION Kendall Marketplace Residential Update Community Development Director Barksdale-Noble reported that the city received a letter from Abby Properties regarding the Kendall Marketplace residential development on April 20th, in which the developer withdrew their application related to their PUD amendment request which had to do with design standards and land cash fee reduction. The developer will be moving forward with the request for a final plat for Lot 52 of the Kendall Marketplace development which will be presented to the council at the May 12th meeting. It was mentioned that due to the Governor’s executive order prohibiting gatherings of more than ten people, electronic meeting attendance would be offered to elected officials, staff, and the public via Zoom. Additionally, the city would accept written comments up to the date of the meeting. It was discussed that the concept plan for the residential portion of the Kendall Marketplace development was approved in 2006 under the process that was in place at that time. The final plat that will be presented conforms with the 2006 concept plan which approved single-family homes on the north side of Blackberry Shore Lane with townhomes located in the area between the single-family homes and the commercial portion of the development. Parking was one of the concerns mentioned in relation to the proposed townhomes. It was asked if there would be any parking for the townhome section besides the garage parking. Director Noble explained that each unit would have a two-car garage and each six-unit townhome building would have 4-6 off-street parking spaces available for guest parking. Discussion took place regarding the development standards that were in place in 2006 when the concept plan was approved and that those 2006 development standards will be the standards applied to this project. It was mentioned that while residents might have realized that townhomes would eventually be built there, residents might not have realized that the 2006 development standards would be the standards that would be applied now because those were the standards that the project was approved under in 2006. It was also asked if there were other areas of the city that were approved in this same time frame that have not been developed yet that might also be developed in the future based on the old development standards. Director Noble responded that there might be some areas in the Bristol Bay and Grande Reserve subdivisions that would fall under the old development standards. The final plat for Kendall Marketplace Lot 52 will be on the May 12th agenda for a vote. CITY COUNCIL REPORT No report. CITY CLERK’S REPORT No report. COMMUNITY & LIAISON REPORT No report. STAFF REPORT Downstate Small Business Stabilization Grant Program City Administrator Olson reported that the city intends to participate in the downstate small business stabilization grant program related to the COVID-19 pandemic. The program will work via state funding that will pass through the city to eligible small businesses who are approved by the state. Currently, the city estimates that approximately thirteen local businesses will submit applications that will be presented to the council at the next meeting. MAYOR’S REPORT (CONT’D) Budget Update (CC 2020-35) Administrator Olson explained that a budget update memo can be found in the meeting packet. He said the Governor’s Office of Management and Budget has released their estimates for impacts to state income taxes. Administrator Olson explained that he and Finance Director Fredrickson have used these estimated figures and are currently projecting a loss of approximately 1.3 million dollars from the city’s general fund budget for fiscal year 2021. The memo proposes several measures that can be implemented immediately to save money until more information becomes known as to the extent that revenues will be impacted by the COVID-19 pandemic and the Governor’s stay at home order. Cost savings measures that are proposed include delaying new hires, implementing a hiring freeze, freezing current salaries, and cutting back or reducing new budget proposals. COVID-19 Mayor Purcell said that the last he had heard, there were approximately thirty cases of the virus in Yorkville and approximately twenty of those cases are currently in recovery. Mayor Purcell also commented that the city staff has been great to work with during this crisis. The Minutes of the Regular Meeting of the City Council – April 28, 2020 – Page 5 of 5 ADDITIONAL BUSINESS Ashley Road Alderman Milschewski asked if the elected officials could be emailed with an update on the status of the Ashley Road and Route 126 road improvements. Small Businesses Alderman Koch said that he had a resident that had reached out to him regarding small businesses that are closed. It was asked if the city had any information as to the re-opening plan for businesses. CITIZEN COMMENTS Todd Milliron, Kendall County resident, resumed commenting in favor of allowing local restaurants and bars the ability to sell beer “to go” in growlers. EXECUTIVE SESSION None. ADJOURNMENT Mayor Purcell entertained a motion to adjourn the City Council meeting. So moved by Alderman Milschewski; seconded by Alderman Peterson. Motion unanimously approved by a viva voce vote. Meeting adjourned at 8:20 p.m. Minutes submitted by: Lisa Pickering, City Clerk, City of Yorkville, Illinois Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Minutes #2 Tracking Number Minutes of the Regular City Council – May 12, 2020 City Council – May 26, 2020 Majority Approval Approval of Minutes Lisa Pickering Administration Name Department DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY, MAY 12, 2020 Mayor Purcell called the meeting to order at 7:04 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Pickering called the roll. Ward I Koch Present (electronic attendance) Transier Present (electronic attendance) Ward II Milschewski Present (electronic attendance) Plocher Present (electronic attendance) Ward III Funkhouser Present (electronic attendance) Frieders Present (electronic attendance) Ward IV Tarulis Present (electronic attendance) Peterson Present (electronic attendance) Staff in attendance at city hall: City Administrator Olson, Chief of Police Jensen, and Attorney Orr. Staff in attendance electronically: City Clerk Pickering, Public Works Director Dhuse, Community Development Director Barksdale-Noble, Finance Director Fredrickson, Assistant City Administrator Willrett, Parks Superintendent Sleezer, Recreation Superintendent Remus, and EEI Engineer Sanderson. Clerk’s Note: Due to COVID-19, requirements of the Open Meetings Act have been temporarily suspended by Governor Pritzker via Executive Order 2020-07 (which was extended by Executive Order 2020-33), which suspends the provisions of the Open Meetings Act, 5 ILCS 120, “Specifically, (1) the requirement in 5 ILCS 120/2.01 that “members of a public body must be physically present” is suspended; and (2) the condition in 5 ILCS 120/7 limiting when remote participation is permitted are suspended”. Members of the public were able to attend this meeting in person while practicing social distancing as well as being able to access the meeting remotely via Zoom which allowed for video, audio and telephonic participation. A meeting notice was posted on the city’s website on the agenda, minutes and packets webpage with instructions regarding remote meeting access and a link was included for the public to participate in the meeting remotely: https://us02web.zoom.us/j/82220859907?pwd=OEVlUWJHL1hsU2luSnh3OHg4bDZ0QT09. The Zoom meeting ID was 822 2085 9907. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA Alderman Funkhouser asked if Mayor’s Report Item #5 – FY 21 Budget Update listed on the second Mayor’s Report of the agenda could be moved forward on the agenda to occur during the first Mayor’s Report section of the agenda. Mayor Purcell and members of the council agreed to move this item forward on the agenda. PRESENTATIONS None. CITIZEN COMMENTS ON AGENDA ITEMS James Brown, Yorkville resident, submitted a written comment regarding Planning and Zoning Commission Item #2 – Final Plat of Kendall Marketplace Lot 52 Phase 1 Resubdivision which was read aloud at the meeting by Mayor Purcell as follows: “As a Yorkville resident for the last nine years, and hopefully many more to come, my concern, as it pertains to the new development, is that it does not become another Market Place Apartments development. Yorkville needs to continue to attract people (regardless of Race, Religion, Etc.) that compliment this wonderful City, and strive to keep Yorkville a great place to live and raise a family. Creating an atmosphere where evil can take root and flourish should not be allowed in Yorkville. As representatives of the City of Yorkville, it is your duty to maintain the integrity of this great City, and to maintain that integrity going forward. Thank you for your time, and keep up the good work. Be safe, Jim Brown.” The Minutes of the Regular Meeting of the City Council – May 12, 2020 – Page 2 of 6 Kathleen West, in electronic attendance via Zoom, stated that her law firm represents Abby Properties which purchased the townhome portion of the Kendall Marketplace PUD. In its application Abby Properties requested deviation from the design standards established in the original PUD, a reduction in the land cash fees, and a final plat of subdivision for the first phase of the development. She stated that Abby Properties has withdrawn the first two requests and is now only seeking final plat approval. Attorney West said the final plat is in substantial conformance with the concept plan approved in the Kendall Marketplace PUD in 2006. Abby Properties is asking for council approval on their final plat. CONSENT AGENDA None. MINUTES FOR APPROVAL None. BILLS FOR PAYMENT Mayor Purcell entertained a motion to approve the bill list in the amount of $264,033.55 (vendors – FY 20); $197,265,92 (vendors – FY 21); $290,464.07 (payroll period ending 5/1/20); for a total of $751,763.54. So moved by Alderman Peterson; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-8 Nays-0 Koch-aye, Milschewski-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Plocher-aye, Frieders-aye, Peterson-aye REPORTS MAYOR’S REPORT FY 21 Budget Update (CC 2020-42) Administrator Olson reported that a budget update memo could be found in the meeting packet. He proceeded to give an update on the budget. Items highlighted include the historic levels of unemployment filings; the IML release of its state revenues estimates for municipalities; the release of the March sales tax reports for pre-shut down February consumer sales; income taxes, general use taxes and MFT taxes; and the negotiation of a one-year pause of the Unified Development Ordinance which is a combination of the city’s building code and zoning code with the result that the project can be restarted in the next year with no change in the contract price. Selection of Mayor Pro Tem for Fiscal Year 2021 (CC 2020-36) Mayor Purcell requested nominations for Mayor Pro Tem for Fiscal Year 2021. Alderman Frieders nominated Alderman Milschewski. Nominations were closed. Mayor Purcell entertained a motion to appoint Alderman Milschewski as Mayor Pro Tem for Fiscal Year 2021. So moved by Alderman Frieders; seconded by Alderman Transier. Motion approved by a roll call vote. Ayes-7 Nays-0 Present-1 Milschewski-present, Funkhouser-aye, Tarulis-aye, Transier-aye, Plocher-aye, Frieders-aye, Peterson-aye, Koch-aye Resolution 2020-35 Authorizing the Repair of Well No. 8 and 9 Water Treatment Plant Cation Exchange Vessel (CC 2020-37) Mayor Purcell entertained a motion to approve a Resolution Authorizing the Repair of Well No. 8 and 9 Water Treatment Plant Cation Exchange Vessel. So moved by Alderman Frieders; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-8 Nays-0 Funkhouser-aye, Tarulis-aye, Transier-aye, Plocher-aye, Frieders-aye, Peterson-aye, Koch-aye, Milschewski-aye PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Resolution 2020-36 Approving the Third Amendment License Agreement (AT&T Parking Lot – SE Corner of W. Hydraulic Street and S. Main Street) (CC 2020-38) The Minutes of the Regular Meeting of the City Council – May 12, 2020 – Page 3 of 6 Alderman Milschewski made a motion to approve a Resolution Approving the Third Amendment License Agreement (AT&T Parking Lot – SE Corner of W. Hydraulic Street and S. Main Street) and authorize the Mayor and City Clerk to execute; seconded by Alderman Koch. Discussion took place regarding the number of parking spaces that this license agreement covers. The graphic included in the packet depicts a row of parking spaces numbered 1 through 16, located along Main Street as well as additional parking spaces numbered 17 through 21that are located next to the west alley. It was asked if this agreement covers all 21 parking spaces. Staff responded that the agreement included the same parking spaces that have always been covered under this agreement; however, it was unclear if parking spaces 17-21 were included within this agreement or not. Mayor Purcell asked if the council wished to vote on the license agreement as presented and staff could get a clarification after the meeting. Attorney Orr was asked if the council could vote on this conditioned upon the clarification of the final number of spaces. Attorney Orr responded that this condition could be added to the motion. Alderman Milschewski restated her motion to include the condition. Alderman Milschewski made a motion to approve a Resolution Approving the Third Amendment License Agreement (AT&T Parking Lot – SE Corner of W. Hydraulic Street and S. Main Street) on the condition that there be a clarification on the specific number of parking spaces that may be utilized by the city and authorize the Mayor and City Clerk to execute; seconded by Alderman Koch. Motion approved by a roll call vote. Ayes-8 Nays-0 Tarulis-aye, Transier-aye, Plocher-aye, Frieders-aye, Peterson-aye, Koch-aye, Milschewski-aye, Funkhouser-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD Resolution 2020-37 Authorizing the Purchase of Four Playgrounds for the Beecher, Purcell, Caledonia, and North Autumn Creek Parks from Play Illinois Burke Playground Manufacturer in the Amount Not to Exceed $228,531.54 (CC 2020-39) Mayor Purcell entertained a motion to approve a Resolution Authorizing the Purchase of Four Playgrounds for the Beecher, Purcell, Caledonia, and North Autumn Creek Parks from Play Illinois Burke Playground Manufacturer in the amount not to exceed $228,531.54. So moved by Alderman Milschewski; seconded by Alderman Frieders. Motion approved by a roll call vote. Ayes-8 Nays-0 Transier-aye, Plocher-aye, Frieders-aye, Peterson-aye, Koch-aye, Milschewski-aye, Funkhouser-aye, Tarulis-aye PLANNING AND ZONING COMMISSION Ordinance 2020-27 Approving the Final Plat of the Menard’s Commercial Commons Seventh Addition Resubdivision (PZC 2020-02 and EDC 2020-11) Mayor Purcell entertained a motion to approve an Ordinance Approving the Final Plat of the Menard’s Commercial Commons Seventh Addition Resubdivision. So moved by Alderman Frieders; seconded by Alderman Koch. Motion approved by a roll call vote. Ayes-8 Nays-0 Plocher-aye, Frieders-aye, Peterson-aye, Koch-aye, Milschewski-aye, Funkhouser-aye, Tarulis-aye, Transier-aye Ordinance 2020-28 Approving the Final Plat of Kendall Marketplace Lot 52 Phase 1 Resubdivision (PZC 2020-03 and EDC 2020-12) Mayor Purcell entertained a motion to approve an Ordinance Approving the Final Plat of Kendall Marketplace Lot 52 Phase 1 Resubdivision. So moved by Alderman Plocher; seconded by Alderman Transier. Discussion took place that approval of this final plat is procedural as the submitted final plat does not change the content of the concept plan that was approved in 2006 when the Kendall Marketplace The Minutes of the Regular Meeting of the City Council – May 12, 2020 – Page 4 of 6 development was approved. It was mentioned that the townhome portion of this project has been a challenging topic as existing residents thought the city would have more say in this portion of the project. The developer is entitled to build these townhomes with the conditions that were approved back in 2006. Residents had also raised concerns regarding parking and traffic. After reviewing the proposed parking, there will be parking available in front of each of the garages for the residents to use. With the increased traffic that will be utilizing Blackberry Shore Lane, it was mentioned that a full parking restriction on the north side of street should remain in place. Regarding the concerns about increased traffic on Blackberry Shore Lane, it was mentioned that the police department had monitored the current traffic and speeds in order to get a baseline of what traffic is currently like to compare to the traffic flow in the future once the townhome development goes in. Motion approved by a roll call vote. Ayes-6 Nays-2 Frieders-aye, Peterson-aye, Koch-aye, Milschewski-aye, Funkhouser-nay, Tarulis-nay, Transier-aye, Plocher-aye Mayor Purcell said that he appreciates the time that staff put in on this project as well as the residents’ comments on this matter. CITY COUNCIL REPORT No report. CITY CLERK’S REPORT No report. COMMUNITY & LIAISON REPORT No report. STAFF REPORT No report. PUBLIC HEARINGS Public Hearing for Proposed Downstate Small Business Stabilization Applications Funded by Community Development Block Grant (CDBG) Funds, the total amount of CDBG funds to be requested is $436,644.00 and will address the urgent needs of the business due to the COVID-19 emergency on the following applications: Advanced Physical Medicine of Yorkville, Ltd, AGJS Inc DBA Tiki Tan, BH Martial Arts, C&C Studios, Inc dba Virtues In Motion Dance Studio, Brenart Eye Clinic, LLC, COPA Inc. DBA Salsa Verde Mexican Restaurant & Taqueria, Duy’s Incorporated, Harmony Aesthetics, LLC, Haven Yorkville, LLC DBA Haven Medical Spa, The Heartland School LLC, Idea Marketing Group, Inc., Mike & Denise’s Pigeon Hill Diner, Inc., NCTHOMPSON Inc. (Assumed Name Crossfit Exemplify), Sterchi Chiropractic, S.C., The Law Office Corporation, Thompson Chiropractic Clinic, Inc. (DBA Exemplify Health Center), Upper Crust Catering, Inc., White Water Ice Cream, LLC, DBA Foxy’s Ice Cream Please see attached public hearing transcript from the court reporter regarding the public hearing portion of the meeting. MAYORS REPORT (cont’d) Ordinance 2020-29 Amending Title 4 of the City Code by Adding Chapter 7 (Fair Housing) (CC 2020-40) Mayor Purcell entertained a motion to approve an Ordinance Amending Title 4 of the City Code by Adding Chapter 7 (Fair Housing). So moved by Alderman Milschewski; seconded by Alderman Peterson. Motion approved by a roll call vote. Ayes-8 Nays-0 Peterson-aye, Koch-aye, Milschewski-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Plocher-aye, Frieders-aye Downstate Small Business Stabilization Program Grant (CC 2020-41) Resolution 2020-17 of Support for a Community Development Block Grant Program Grant (Advanced Physical Medicine of Yorkville, Ltd, 207 Hillcrest Avenue, Suite A, Yorkville, IL) The Minutes of the Regular Meeting of the City Council – May 12, 2020 – Page 5 of 6 Resolution 2020-18 of Support for a Community Development Block Grant Program Grant (AGJS Inc DBA Tiki Tan, 728 E. Veterans Parkway, Yorkville, IL) Resolution 2020-19 of Support for a Community Development Block Grant Program Grant (BH Martial Arts, 664 W Veterans Parkway, Yorkville, IL) Resolution 2020-20 of Support for a Community Development Block Grant Program Grant (Brenart Eye Clinic, LLC, 120 E. Countryside Parkway, Yorkville, IL) Resolution 2020-21 of Support for a Community Development Block Grant Program Grant (C & C Studios, Inc dba Virtues In Motion Dance Studio, 104 Beaver Street, Yorkville, IL) Resolution 2020-22 of Support for a Community Development Block Grant Program Grant (Duy’s Incorporated, 135 E. Veterans Parkway, Yorkville, IL) Resolution 2020-23 of Support for a Community Development Block Grant Program Grant (Harmony Aesthetics, LLC 223 S. Bridge Street, Yorkville, IL) Resolution 2020-24 of Support for a Community Development Block Grant Program Grant (Haven Yorkville, LLC dba Haven Medical Spa, 120 E. Countryside Parkway, Yorkville, IL) Resolution 2020-25 of Support for a Community Development Block Grant Program Grant (The Heartland School, LLC, 708 E. Veteran’s Parkway, Yorkville, IL) Resolution 2020-26 of Support for a Community Development Block Grant Program Grant (Idea Marketing Group, Inc., 51 Fox Glen Drive W, Yorkville, IL) Resolution 2020-27 of Support for a Community Development Block Grant Program Grant (Mike & Denise’s Pigeon Hill Diner, Inc., 728 E. Veteran’s Parkway, Yorkville, IL) Resolution 2020-28 of Support for a Community Development Block Grant Program Grant (NCTHOMPSON Inc. (Assumed Name Crossfit Exemplify), 634 W. Veterans Parkway, Yorkville, IL) Resolution 2020-29 of Support for a Community Development Block Grant Program Grant (COPA Inc. DBA Salsa Verde Mexican Restaurant & Taqueria, 634 Veterans Parkway, Unit F, Yorkville, IL) Resolution 2020-30 of Support for a Community Development Block Grant Program Grant (Sterchi Chiropractic, S.C., 54 W. Countryside Parkway, Yorkville, IL) Resolution 2020-31 of Support for a Community Development Block Grant Program Grant (The Law Office Corporation, 759 John Street, Yorkville, IL) Resolution 2020-32 of Support for a Community Development Block Grant Program Grant (Thompson Chiropractic Clinic, Inc. (DBA Exemplify Health Center), 728 E. Veterans Parkway, Yorkville, IL) Resolution 2020-33 of Support for a Community Development Block Grant Program Grant (Upper Crust Catering, Inc., 109 E. Hydraulic Street, Yorkville, IL) Resolution 2020-34 of Support for a Community Development Block Grant Program Grant (White Water Ice Cream, LLC, DBA Foxy’s Ice Cream, 131 Hydraulic Street, Yorkville, IL) Mayor Purcell entertained a motion to approve the Downstate Small Business Stabilization Program Grant including Resolutions of Support for Community Development Block Grant Programs for Advanced Physical Medicine of Yorkville, Ltd, 207 Hillcrest Avenue, Suite A, Yorkville; AGJS Inc DBA Tiki Tan, 728 E. Veterans Parkway, Yorkville; BH Martial Arts, 664 W. Veterans Parkway, Yorkville; Brenart Eye Clinic, LLC, 120 E. Countryside Parkway, Yorkville; C&C Studios, Inc dba Virtues In Motion Dance Studio, 104 Beaver Street, Yorkville; Duy’s Incorporated, 135 E. Veterans Parkway, Yorkville; Harmony Aesthetics, LLC, 223 S. Bridge Street, Yorkville; Haven Yorkville, LLC DBA Haven Medical Spa, 120 E. Countryside Parkway, Yorkville; The Heartland School LLC, 708 E. Veterans Parkway, Yorkville; Idea Marketing Group, Inc., 51 Fox Glen Drive W, Yorkville; Mike & Denise’s Pigeon Hill Diner, Inc., 728 E. Veterans Parkway, Yorkville; NCTHOMPSON Inc. (Assumed Name Crossfit Exemplify), 634 W. Veterans Parkway, Yorkville; COPA Inc. DBA Salsa Verde Mexican Restaurant & Taqueria, 634 Veterans Parkway, Unit F, Yorkville; Sterchi Chiropractic, S.C., 54 W. Countryside Parkway, Yorkville; The Law Office Corporation, 759 John Street, Yorkville; Thompson Chiropractic Clinic, Inc. (DBA Exemplify Health Center), 728 E. Veterans Parkway, Yorkville; Upper Crust Catering, Inc., 109 E. Hydraulic Street, Yorkville; White Water Ice Cream, LLC, DBA Foxy’s Ice Cream, 131 E Hydraulic Street, Yorkville. All of the businesses are requesting funds in the amount of $25,000 per business with the exception of Harmony Aesthetics, LLC which is requesting funds in the amount of $11,644. So moved by Alderman Tarulis; seconded by Alderman Peterson. The Minutes of the Regular Meeting of the City Council – May 12, 2020 – Page 6 of 6 Mayor Purcell stated that to be clear these are not approved until the city enters into an agreement with Kendall County, and then these applications will be sent to the state. The state will have the final approval as to whether the businesses will receive the funding that they are requesting. Motion approved by a roll call vote. Ayes-8 Nays-0 Milschewski-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Plocher-aye, Frieders-aye, Peterson-aye, Koch-aye Mayor Purcell entertained a motion to acknowledge the suspension of the procedural requirement not to vote on any motion on the same night as the public hearing. So moved by Alderman Funkhouser; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-8 Nays-0 Koch-aye, Milschewski-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Plocher-aye, Frieders-aye, Peterson-aye ADDITIONAL BUSINESS None. CITIZEN COMMENTS None. EXECUTIVE SESSION None. ADJOURNMENT Mayor Purcell entertained a motion to adjourn the City Council meeting. So moved by Alderman Frieders; seconded by Alderman Peterson. Motion unanimously approved by a viva voce vote. Meeting adjourned at 8:32 p.m. Minutes submitted by: Lisa Pickering, City Clerk, City of Yorkville, Illinois Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 1 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS CITY COUNCIL MEETING PUBLIC HEARINGS 800 Game Farm Road Yorkville, Illinois Tuesday, May 12, 2020 7:00 p.m. Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 2 1 PRESENT: 2 Mr. John Purcell, Mayor; 3 Mr. Ken Koch, Alderman; 4 Mr. Dan Transier, Alderman; 5 Ms. Jackie Milschewski, Alderman; 6 Mr. Arden Joe Plocher, Alderman; 7 Mr. Chris Funkhouser, Alderman; 8 Mr. Joel Frieders, Alderman; 9 Mr. Seaver Tarulis, Alderman; 10 Mr. Jason Peterson, Alderman. 11 ALSO PRESENT: 12 Mr. Bart Olson, City Administrator, 13 Mr. James Jensen, Chief of Police, 14 Ms. Lisa Pickering, City Clerk, 15 Mr. Eric Dhuse, Public Works Director, 16 Ms. Krysti Barksdale-Noble, Community 17 Development Director, 18 Mr. Rob Fredrickson, Finance Director, 19 Ms. Erin Willrett, Assistant City 20 Administrator, 21 Mr. Scott Sleezer, Parks Superintendent, 22 Ms. Shay Remus, Recreation 23 Superintendent, 24 Ms. Kathleen Field-Orr, City Attorney, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 3 1 Mr. Brad Sanderson, Engineering 2 Enterprises, Inc., 3 Ms. Lynn Dubajic, City Economic 4 Development Consultant. 5 6 Dr. Brian Berkey, 7 Ms. Amanda Grzywa, 8 Mr. Baek Lee, 9 Dr. Nicole Zangler, 10 Ms. Christy Schultz, 11 Mr. Tod Duy, 12 Ms. Sandra Hurtado, 13 Mr. Tony Zangler, 14 Mr. Greg Marker, 15 Mr. Darren Fox, 16 Ms. Pam Siddon, 17 Ms. Barb Thompson, 18 Mr. Carlos Aechiga, 19 Dr. Jason Sterchi, 20 Mr. Boyd Ingemunson, 21 Dr. Nathan Thompson, 22 Mr. Mitch Morrell, 23 Ms. Robyn Sutcliff. 24 - - - - - Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 4 1 (WHEREUPON, the following 2 proceedings were had in 3 public hearing:) 4 MAYOR PURCELL: Now we have Item 2 that 5 we've all been waiting for. We have the public 6 hearing for the proposed downstate small business 7 stabilization applications, funded by Community 8 Development Block Grant. 9 The total amount of CDBG funds to be 10 requested is $436,644 and will address the urgent 11 needs of the business due to the COVID-19 12 emergency on the following applications: 13 Advanced Physical Medicine of Yorkville; AGJS, 14 Inc., d/b/a Tiki Tan; BH Martial Arts; C & C 15 Studios, Inc., d/b/a Virtues in Motion Dance 16 Studio; Brenart Eye Clinic; COPA, Inc., d/b/a 17 Salsa Verde Mexican Restaurant and Taqueria -- 18 hope I said that okay -- Duy's, Incorporated; 19 Harmony Aesthetics; Haven Yorkville, d/b/a Haven 20 Medical Spa; the Heartland School, Idea Marketing 21 Group; Mike and Denise's Pigeon Hill Diner; 22 NCTHOMPSON, Inc., assumed name Crossfit 23 Exemplify; Sterchi Chiropractic; the Law Office 24 Corporation; Thompson Chiropractic Clinic, d/b/a Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 5 1 Exemplify Health Center; Upper Crust Catering; 2 White Water Ice Cream, d/b/a Foxy's Ice Cream. 3 So I am opening up the public 4 hearing for that grant. Are there any members of 5 the Council who have anything to offer? And we 6 are going to be voting on these later on, but 7 this is just a public hearing. 8 Any members of the Council have 9 anything that they want to offer at the public 10 hearing? 11 ALDERMAN FRIEDERS: Mr. Mayor. 12 MAYOR PURCELL: Mr. Frieders. 13 ALDERMAN FRIEDERS: The only thing I 14 want to comment on is something I shared with 15 Bart after we got news of all the applications 16 coming in. 17 I don't think it's appropriate for 18 us to vote individually on each business; I think 19 this is something where we should be voting all 20 together, so I know that's kind of what we're 21 going to be doing for the end, but I didn't think 22 it was kind of relevant for aldermen and people 23 who are friends and customers of people that are 24 going to be receiving this fund to have to dive Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 6 1 into some specifics. 2 If they meet the criteria, that's 3 the state's decision, so I think this should be 4 one we are going to say yes, we're going to take 5 your submissions and send them to the state, 6 understanding the risk and penalty for people who 7 don't pay the loan back, but on the front this 8 isn't something I am comfortable with, actually 9 going into each business's financials and trying 10 to make a determination yea or nay, so from my 11 perspective, if they meet the criteria and make 12 it on to the next round, they can get that golden 13 ticket, but I don't think this is something I 14 should have an opinion on other than they meet 15 these things, maybe check the boxes and we'll 16 see what the state says. So that's just my 17 opinion. 18 MAYOR PURCELL: Thank you. Mr. Koch? 19 ALDERMAN KOCH: I also share that same 20 feeling, too. I just want to put it on the 21 record. 22 MAYOR PURCELL: Thank you. Any other 23 Aldermen? 24 (No response.) Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 7 1 MAYOR PURCELL: Do any members of the 2 public have anything they want to offer for the 3 public hearing? 4 MS. ORR: You have to put that onto the 5 record. 6 MR. OLSON: We do have to give a 7 description of each business. 8 MS. ORR: There are two issues that must 9 be addressed according to the application: One 10 is if there is anyone to comment, that we take 11 their name and address, so that proves we had a 12 public hearing, if there is anyone in the public; 13 and, number two, each and every application must 14 be cited at the public hearing, and so Bart has 15 synopsized each of the businesses, so that 16 hopefully we will do as we are required and still 17 properly address the concerns of the City Council 18 in that not giving any company more time than 19 another company. So take it, Bart. 20 MAYOR PURCELL: So Bart will do a little 21 presentation. I forgot about that, thank you, 22 but we got the public and the aldermen's comments 23 in, so now, Bart, this is the Staff portion, the 24 bureaucratic portion, of the meeting. Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 8 1 MS. ORR: Correct. 2 MAYOR PURCELL: He is going to go in 3 another room, you all can't see that now, but he 4 is going into another room to do this 5 presentation. 6 I'm never going to be a good 7 YouTuber, I can tell you that. 8 MR. OLSON: Okay. Can everybody hear me 9 okay? Thumbs up. All right. And how is the 10 feedback in the Mayor's room? Is there any 11 feedback or is it okay? 12 MAYOR PURCELL: You sound fantastic. 13 MR. OLSON: Wonderful, okay. Step one. 14 Sounds good. 15 A couple things. I am going to 16 share my presentation here and then walk through 17 some directions that we have to do for the public 18 hearing -- 19 MS. ORR: Correct. 20 MR. OLSON: -- and at some point or 21 another during the public hearing we are 22 supposed to take a roster of everybody that has 23 attended the public hearing, whether in person or 24 online. Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 9 1 There is nobody in the room except 2 for the police chief, the Mayor and the city 3 attorney, but we are supposed to go through and 4 try to figure out if there is anybody from the 5 public and from businesses that are in attendance 6 remotely and we're supposed to get your name and 7 address for the sign-in sheet, so we are going to 8 have to do that here at some point, but I'm going 9 to hit the minimums of the grant requirements for 10 the program. 11 So let me share my screen here. 12 Everybody can see that okay? 13 All right. So this is the 14 downstate small business stabilization program 15 public hearing. Just some details about the 16 program. 17 It was established by the state to 18 provide capital funds to businesses that have 19 been impacted by COVID-19, and in general it 20 makes funds available to businesses in the 21 maximum amount of $25,000 for 60 days of 22 verifiable working capital. 23 So the eligibility criteria, you 24 have to have been open in Yorkville since Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 10 1 January, 2017, so any business after that is not 2 eligible. Can't be a franchise. You have to 3 have at least one other employee. You must have 4 less than 50 employees. You have to be a 5 non-essential business, or there are some 6 essential businesses that is -- that can apply. 7 The requirements, if it's received, 8 you have to remain open for a minimum of 60 days 9 after funding is awarded, and generally you have 10 to use half of the award funds for payroll 11 expenses and the other half for working capital, 12 and the maximum amount is two month's of actual 13 business expenses not to exceed $25,000. 14 So as the Mayor read off the roster 15 of businesses -- I won't say them all again 16 because I have to go through them here in a 17 second -- but the list of 18 should be on your 18 screen there and are available in City Council 19 presentation that was in the City Council packet 20 ahead of time, and the total of the requests for 21 all of those businesses is $436,000, $436,644. 22 All right. So the next 18 slides -- 23 here is the first one -- are going to be more 24 wording than I am going to read off, but I do Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 11 1 have a prepared part I can get through here and 2 take public comments at the end. 3 So the next 18 slides in this 4 presentation give detailed information about each 5 business, including the amount of funds they are 6 requesting, what they are going to use the funds 7 for, and the impact COVID-19 has had on their 8 business. 9 These detailed slides have been 10 available on the City website and in the City 11 Council packet since Thursday, May 7th. I'm 12 going to show each one of the slides on the 13 screen, but rather than read them verbatim, I'm 14 going to summarize the information as follows: 15 The name of each business, the amount of funds 16 that are requested by the business, the list of 17 activities that will be undertaken with grant 18 funding, how the business and community can be 19 benefited through the grant. 20 At the end of my narrative on each 21 of the 18 businesses, the public hearing will be 22 open for public comment and residents may provide 23 comment on any of the 18 businesses. 24 The Mayor will control the order of Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 12 1 public comment at that time, and each business 2 has been asked to attend this meeting remotely 3 and be prepared to answer questions by the City 4 Council or the public as allowed by the Mayor. 5 In addition to the narrative on each 6 business, and on the slides, the State has asked 7 us to comment about a detailed, prioritized list 8 of community development and housing needs 9 during the public hearing. The following 10 narrative applies to every one of the 18 11 businesses up for public hearing this evening. 12 COVID-19 has decimated the business 13 community and employment numbers in the region 14 and in the state to degrees included in each of 15 the business's applications and as narrated in 16 this public hearing. 17 First, the City's Comprehensive Plan 18 Update discusses the importance of a healthy 19 business community in order to improve quality of 20 life, specifically commercial/retail development. 21 In Section 2 of the Comp Plan, 22 Community Characteristics and Land Use Trends, 23 the Comp Plan states that there is a need for a 24 more consistent, cohesive approach to attracting Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 13 1 and retaining retail and commercial services, 2 especially in the downtown, where sustained 3 efforts in supporting and incubating businesses 4 should be the focus of economic development. 5 Second, in the same section it 6 discusses that housing count and household growth 7 is key to attracting new retail development. Any 8 loss of business in the community is going to 9 cause the existing residential base to be 10 underserved, so -- and then we are on to the 11 businesses here. 12 So Advanced Physical Medicine of 13 Yorkville, Limited, is requesting $25,000 for 14 working capital, including payments on 15 malpractice insurance, software/medical 16 contracts, and maintenance contracts not covered 17 by the PPP loan they have already been awarded. 18 These vendors and insurance companies require 19 monthly payments to be made in full. Advanced 20 has been open since July, 2003 and has 15 21 employees. They hope to maintain their 15 22 employees and to provide care/treatment for local 23 patients who are medically indigent. If funding 24 is received for this business, it would help Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 14 1 offset two to three weeks of revenue loss. 2 AJ -- or AGJS, Incorporated, doing 3 business as Tiki Tan, is requesting $25,000 for 4 working capital, including payroll, rent and 5 utility expenses. Tiki Tan has been in Yorkville 6 since May, 2015, and has been closed since 7 Saturday, March 21st, when they furloughed all 8 employees. The closure has coincided with their 9 busiest season, March through June, and the 10 funding would help them retain their employees 11 and make upcoming rent. 12 BH Martial Arts is requesting 13 $25,000 for working capital, including payroll 14 and rent. BH Martial Arts has been established 15 since April, 2011 and has been closed by state 16 order since mid-March. When open, BH Martial 17 Arts helps to develop people physically and 18 mentally. The funding would help them retain 19 their employees and make their next rent payment 20 until they can reopen. 21 Brenart Eye Clinic is requesting 22 $25,000 for working capital, including doctor and 23 staff salaries, rent and utilities. Brenart Eye 24 Clinic has been in business since 1980 at the Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 15 1 Yorkville location, and has been closed except 2 for medical emergency care since March, 2020. 3 During the closure, they have invested in new 4 health and safety measures in their office to 5 ensure a healthy environment. This change in 6 business has resulted in a significant decrease 7 in patient volume. Funding will help them keep 8 doctors and staff employed until the statewide 9 closure is lifted and they can resume their 10 normal business. 11 C & C Studios, Incorporated, doing 12 business as Virtues in Motion Dance Studio, is 13 requesting $25,000 for working capital, including 14 payroll and maintenance of some regular business 15 practices. Virtues in Motion has been in 16 Yorkville since June, 2016, and has been closed 17 since March 16th of this year. They are dealing 18 with not only a loss in revenue from total 19 closure, but they anticipate that families will 20 wait to return to their business when the threat 21 of the virus has fully passed. Funding will help 22 them retain employees now and offset future 23 losses even after the business is back open. 24 COPA, Incorporated, doing business Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 16 1 as Salsa Verde Mexican Restaurant and Taqueria, 2 is requesting $25,000 for working capital, 3 including purchase of food through their 4 different vendors, payroll and utilities. Salsa 5 Verde has been open in Yorkville since 2012 and 6 has been operating during the pandemic as a 7 takeout-only restaurant. The current pandemic 8 has affected their operations by 45 percent. 9 Funding will be used to continue takeout 10 operations into the future. 11 Duy's, Incorporated, is requesting 12 $25,000 for working capital, including payroll 13 and vendor invoices. Duy's Shoes has been in 14 business in the region since 1954 and has seen a 15 reduction in overall customers and revenues from 16 regular and promotional sales. Funding will 17 allow them to pay vendors to continue to receive 18 inventory in a timely manner and will offset 19 their expected advertising costs and lower profit 20 margins to bring customers back into the store. 21 Harmony Aesthetics, LLC, a sole 22 proprietorship by licensed esthetician Sandra 23 Hurtado, is requesting $11,644 for payroll, rent 24 and utilities. Harmony Aesthetics was founded in Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 17 1 2016 and has added a team of three part-time 2 employees before all employees were temporarily 3 laid off in the spring as a result of the 4 pandemic. The close personal nature of these 5 services provided by Harmony Aesthetics has 6 resulted in a total loss of all customer 7 appointments during the pandemic. Funding will 8 allow them to continue paying rent and utilities 9 and maintain payroll during the closure and after 10 a reopening. 11 Haven Yorkville, LLC, doing business 12 as Haven Medical Spa, is requesting $25,000 for 13 payroll, rent and utilities. Haven Medical Spa 14 has been in business since 2007 at the Yorkville 15 location and has been forced to shut down since 16 March, resulting in a total loss of business. 17 During the shutdown they have cleaned and 18 disinfected their office and continue to reach 19 out to their patient base via social media. 20 Funding will allow them to continue to pay their 21 employees during the shutdown, and will allow 22 them to make rent and pay utilities. 23 The Heartland School, LLC, is 24 requesting $25,000 for working capital, including Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 18 1 payroll. Heartland School is a childcare 2 provider that has been in business since August, 3 2014 in Yorkville. Many of their 31 staff 4 members live in the Yorkville area and all 31 5 employees have been without work since March. 6 All employees except the director have filed for 7 unemployment. Funding will allow them to offset 8 their payroll costs during the shutdown. 9 Idea Marketing Group, Incorporated, 10 is requesting $25,000 for working capital for 11 payroll, utilities and rent. Idea Marketing 12 Group was founded in July, 2009 and has seen a 13 decrease in business since the pandemic. They 14 have 13 employees that have been able to be 15 retained and work remotely during the pandemic. 16 Funding will allow them to continue to retain 17 employees. 18 Mike and Denise's Pigeon Hill Diner, 19 Incorporated, is requesting $25,000 for working 20 capital, including payroll, rent and utilities. 21 Mike and Denise's Pizzeria and Pub has been in 22 Yorkville for the past eight years and has 23 operated during the pandemic as a takeout-only 24 restaurant. Funding will be used to retain Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 19 1 current employees and continue takeout operations 2 into the future. 3 NCTHOMPSON, Incorporated, assumed 4 name Crossfit Exemplify, is requesting $25,000 5 for working capital, including payroll, rent and 6 utilities. Crossfit Exemplify has been open in 7 Yorkville since December, 2016, and has been 8 closed since March of this year. They anticipate 9 that business will continue to be impacted even 10 after reopening due to social distancing 11 restrictions and hesitancy by existing members. 12 Funding will be used to make payrolls, pay rent 13 and utilities going forward. 14 Sterchi Chiropractic, S.C., is 15 requesting $25,000 for working capital, including 16 payroll, rent and utilities. Sterchi 17 Chiropractic has been in operation in Yorkville 18 since 2008 and has seen a loss of 60 percent in 19 revenue since the start of the pandemic. Funding 20 will be used to avoid employee layoffs and cover 21 eligible business expenses while they continue to 22 provide ongoing healthcare to the community. 23 The Law Office Corporation is 24 requesting $25,000 for working capital, including Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 20 1 payroll and fixed expenses. The Law Office is a 2 bar and downtown music venue operating since 3 March, 2016, and has been closed since March, 4 2020. The closure has resulted in a 100 percent 5 loss in revenue. Funding will be used to 6 continue to pay employee salaries and fixed 7 expenses during the shutdown. 8 Thompson Chiropractic Clinic, 9 Incorporated, doing business as Exemplify Health 10 Center, is requesting $25,000 for working 11 capital, including payroll, rent, utilities and 12 business supplies. Thompson Chiropractic Clinic 13 has been serving Yorkville and the region since 14 February, 2004, and has seen a significant 15 reduction in clients since the pandemic. Funding 16 will be used to maintain payroll for existing 17 employees, except for the principal owner, during 18 the pandemic. 19 Upper Crust Catering, Incorporated, 20 is requesting $25,000 for working capital, 21 including payroll and other eligible expenses. 22 Upper Crust is a long-time Yorkville business 23 that has continued to offer catered meals and 24 takeout during the pandemic, but has seen a total Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 21 1 cancellation of events and catered group meetings 2 since the pandemic. The funds will be used to 3 retain employees and offset advertising 4 expenditures while they pivot to takeout orders 5 and away from catered events. 6 Last, and certainly not least, White 7 Water Ice Cream, LLC, doing business as Foxy's 8 Ice Cream, is requesting $25,000 for working 9 capital, including payroll and utilities. Foxy's 10 started business in 2011, and since the pandemic 11 has seen decreased revenue because they have been 12 forced to go to curbside and delivery orders 13 only. Funding will be used for bringing 14 employees back on payroll and to offset utility 15 and maintenance costs. 16 That's the end of the 18 business 17 slides. 18 MS. ORR: Now we have to get the 19 attendees. 20 MR. OLSON: The next steps for this, 21 just so everybody is aware, is later on in the 22 agenda we have a passage of a fair housing 23 resolution that is required by the state in order 24 to grant funds to any of these businesses, Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 22 1 passage of the Council resolution in support for 2 each grant application. 3 All of the materials have been 4 available since May 5th on the City's website, 5 where there is a link in the public notice, and 6 the slide in front of us, and then after 7 approval, since we are suggesting it is 8 contingent on intergovernmental agreement 9 approval with the county that backs up funds, is 10 a participation agreement signed between the City 11 and the applicant prior to submission. There is 12 an example of that in the packet. It's not 13 necessary for the City Council to approve it, 14 correct, Mayor, we can negotiate the terms of 15 that after approval. That's it. Thank you. 16 MAYOR PURCELL: So, Bart, before you 17 give up the microphone, are we required did you 18 say to get names and addresses of whom? 19 MR. OLSON: Anybody that's attending the 20 hearing in person or remotely, and I can -- we've 21 got 48 participants registered. Some of them I 22 recognize as elected officials and staff, and 23 then business owners, and then some of which I 24 don't know, so I don't know how you want to go Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 23 1 through there, if you want me to read off the 2 names and then the people can speak, or if we 3 want to do it a different way. 4 MAYOR PURCELL: Can they -- the people 5 we don't have the names and addresses of, can 6 they shoot those in an email to the clerk later 7 this evening? 8 MR. OLSON: I'll defer to Kathy on that 9 as an opinion. That would certainly be an easier 10 way to do this. 11 MS. ORR: It would be an easier way. 12 Would they just verbally say "here" and their 13 name for the recorded record? 14 MAYOR PURCELL: Okay. So for those who 15 aren't one of the businesses, staff members, or 16 aldermen, elected officials, please state your 17 name, and if you're not participating and you 18 don't want to participate, I won't pretend you 19 are here, but please state your name for the 20 record. 21 MS. ORR: And email your name and 22 address to the City Clerk. 23 DR. BERKE: Dr. Brian Berkey, Advanced 24 Physical Medicine of Yorkville. Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 24 1 MS. ORR: Thank you. 2 MS. SUTCLIFF: Foxy's Ice Cream, Robyn 3 Sutcliff. 4 MS. ORR: Thank you. 5 DR. STERCHI: Dr. Jason Sterchi, Sterchi 6 Chiropractic. 7 MS. ORR: Thank you. 8 DR. ZANGLER: Dr. Nicole Zangler, 9 Brenart Eye Clinic. 10 MS. ORR: Thank you. 11 MR. MARKER: Greg Marker, the Heartland 12 School. 13 MS. ORR: Thank you. 14 MS. HURTADO: Sandra Hurtado, Harmony 15 Aesthetics. 16 MS. ORR: Thank you. 17 MS. THOMPSON: Barb Thompson, Crossfit 18 Exemplify. 19 MS. ORR: Thank you. 20 DR. THOMPSON: Dr. Nathan Thompson, 21 Exemplify Health Center. 22 MS. ORR: Thank you. 23 MR. DUY: Tod Duy. 24 MS. ORR: Say that again? Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 25 1 MR. DUY: Tod Duy, Duy's Shoes. 2 MS. ORR: Thank you. 3 MR. ARECHIGA: Carlos Arechiga, Salsa 4 Verde Mexican Restaurant. 5 MS. ORR: Thank you. 6 MR. ZANGLER: Tony Zangler, Haven 7 Medical Spa. 8 MS. ORR: Thank you. 9 MR. FOX: Darren Fox, Idea Marketing 10 Group. 11 MS. ORR: Thank you. 12 MS. SCHULTZ: Christy Schultz, C & C 13 Studies, Virtues in Motion Dance Studio. 14 MS. ORR: Thank you. 15 MR. LEE: Baek Lee, BH Martial Arts. 16 MS. ORR: Thank you. 17 MS. GRZYWA: Amanda Grzywa, AGJS, Tiki 18 Tan. 19 MS. ORR: Thank you. 20 MR. COLOSIMO: Carlo Colosimo, plain 21 citizen. 22 MS. ORR: Thank you. 23 MR. MORRELL: Mitch Morrell, Upper Crust 24 Catering. Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 26 1 MS. ORR: Thank you. I think that no 2 one -- everyone has spoken. Thank you very much. 3 Please don't forget to email so that we have a 4 written record. Appreciate it. 5 MAYOR PURCELL: Excellent. So are there 6 any other comments or questions on -- this is 7 just the public hearing portion. 8 MS. ORR: City Council doesn't want to 9 make comments. 10 (No response.) 11 MAYOR PURCELL: Okay. We will close the 12 public hearing at this point. The public hearing 13 is closed. Thank you. 14 (Which were all the 15 proceedings had in the 16 public hearing portion 17 of the meeting.) 18 ---o0o--- 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 27 1 STATE OF ILLINOIS ) ) SS. 2 COUNTY OF LASALLE ) 3 I, Christine M. Vitosh, a Certified Shorthand 4 Reporter, do hereby certify that I transcribed 5 the proceedings had at the pubic hearing and that 6 the foregoing, Pages 1 through 27, inclusive, is 7 a true, correct and complete computer-generated 8 transcript of the proceedings had at the time and 9 place aforesaid. 10 I further certify that my certificate annexed 11 hereto applies to the original transcript and 12 copies thereof, signed and certified under my 13 hand only. I assume no responsibility for the 14 accuracy of any reproduced copies not made under 15 my control or direction. 16 As certification thereof, I have hereunto set 17 my hand this 18th day of May, A.D., 2020. 18 19 20 Christine M. Vitosh, CSR Illinois CSR No. 084-002883 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.comVitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 28 A A.D 27:17 able 18:14 accuracy 27:14 activities 11:17 actual 10:12 added 17:1 addition 12:5 address 4:10 7:11 7:17 9:7 23:22 addressed 7:9 addresses 22:18 23:5 Administrator 2:12 2:20 Advanced 4:13 13:12,19 23:23 advertising 16:19 21:3 Aechiga 3:18 Aesthetics 4:19 16:21,24 17:5 24:15 aforesaid 27:9 agenda 21:22 AGJS 4:13 14:2 25:17 agreement 22:8,10 ahead 10:20 AJ 14:2 Alderman 2:3,4,5,6 2:7,8,9,10 5:11,13 6:19 aldermen 5:22 6:23 23:16 aldermen's 7:22 allow 16:17 17:8,20 17:21 18:7,16 allowed 12:4 Amanda 3:7 25:17 amount 4:9 9:21 10:12 11:5,15 annexed 27:10 answer 12:3 anticipate 15:19 19:8 anybody 9:4 22:19 applicant 22:11 application 7:9,13 22:2 applications 4:7,12 5:15 12:15 applies 12:10 27:11 apply 10:6 appointments 17:7 Appreciate 26:4 approach 12:24 appropriate 5:17 approval 22:7,9,15 approve 22:13 April 14:15 Arden 2:6 area 18:4 Arechiga 25:3,3 Arts 4:14 14:12,14 14:17 25:15 asked 12:2,6 Assistant 2:19 assume 27:13 assumed 4:22 19:3 attend 12:2 attendance 9:5 attended 8:23 attendees 21:19 attending 22:19 attorney 2:24 9:3 attracting 12:24 13:7 August 18:2 available 9:20 10:18 11:10 22:4 avoid 19:20 award 10:10 awarded 10:9 13:17 aware 21:21 B back 6:7 15:23 16:20 21:14 backs 22:9 Baek 3:8 25:15 bar 20:2 Barb 3:17 24:17 Barksdale-Noble 2:16 Bart 2:12 5:15 7:14 7:19,20,23 22:16 base 13:9 17:19 benefited 11:19 BERKE 23:23 Berkey 3:6 23:23 BH 4:14 14:12,14 14:16 25:15 Block 4:8 boxes 6:15 Boyd 3:20 Brad 3:1 Brenart 4:16 14:21 14:23 24:9 Brian 3:6 23:23 bring 16:20 bringing 21:13 bureaucratic 7:24 busiest 14:9 business 4:6,11 5:18 7:7 9:14 10:1,5,13 11:5,8 11:15,16,18 12:1 12:6,12,19 13:8 13:24 14:3,24 15:6,10,12,14,20 15:23,24 16:14 17:11,14,16 18:2 18:13 19:9,21 20:9,12,22 21:7 21:10,16 22:23 business's 6:9 12:15 businesses 7:15 9:5 9:18,20 10:6,15 10:21 11:21,23 12:11 13:3,11 21:24 23:15 C C 4:14,14 15:11,11 25:12,12 cancellation 21:1 capital 9:18,22 10:11 13:14 14:4 14:13,22 15:13 16:2,12 17:24 18:10,20 19:5,15 19:24 20:11,20 21:9 care 15:2 care/treatment 13:22 Carlo 25:20 Carlos 3:18 25:3 catered 20:23 21:1 21:5 Catering 5:1 20:19 25:24 cause 13:9 CDBG 4:9 Center 5:1 20:10 24:21 certainly 21:6 23:9 certificate 27:10 certification 27:16 certified 27:3,12 certify 27:4,10 change 15:5 Characteristics 12:22 check 6:15 chief 2:13 9:2 childcare 18:1 Chiropractic 4:23 4:24 19:14,17 20:8,12 24:6 Chris 2:7 Christine 27:3,20 Christy 3:10 25:12 cited 7:14 citizen 25:21 city 1:5,8 2:12,14 2:19,24 3:3 7:17 9:2 10:18,19 11:10,10 12:3 22:10,13 23:22 26:8 City's 12:17 22:4 cleaned 17:17 clerk 2:14 23:6,22 clients 20:15 Clinic 4:16,24 14:21,24 20:8,12 24:9 close 17:4 26:11 closed 14:6,15 15:1 15:16 19:8 20:3 26:13 closure 14:8 15:3,9 15:19 17:9 20:4 cohesive 12:24 coincided 14:8 Colosimo 25:20,20 comfortable 6:8 coming 5:16 comment 5:14 7:10 11:22,23 12:1,7 comments 7:22 11:2 26:6,9 commercial 13:1 commercial/retail 12:20 community 2:16 4:7 11:18 12:8,13 12:19,22 13:8 19:22 Comp 12:21,23 companies 13:18 company 7:18,19 complete 27:7 Comprehensive 12:17 computer-genera... 27:7 concerns 7:17 consistent 12:24 Consultant 3:4 contingent 22:8 continue 16:9,17 17:8,18,20 18:16 19:1,9,21 20:6 continued 20:23 contracts 13:16,16 control 11:24 27:15 COPA 4:16 15:24 copies 27:12,14 Corporation 4:24 19:23 correct 8:1,19 22:14 27:7 costs 16:19 18:8 21:15 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 29 Council 1:8 5:5,8 7:17 10:18,19 11:11 12:4 22:1 22:13 26:8 count 13:6 county 1:6 22:9 27:2 couple 8:15 cover 19:20 covered 13:16 COVID-19 4:11 9:19 11:7 12:12 Cream 5:2,2 21:7,8 24:2 criteria 6:2,11 9:23 Crossfit 4:22 19:4 19:6 24:17 Crust 5:1 20:19,22 25:23 CSR 27:20,20 curbside 21:12 current 16:7 19:1 customer 17:6 customers 5:23 16:15,20 D d/b/a 4:14,15,16,19 4:24 5:2 Dan 2:4 Dance 4:15 15:12 25:13 Darren 3:15 25:9 day 27:17 days 9:21 10:8 dealing 15:17 December 19:7 decimated 12:12 decision 6:3 decrease 15:6 18:13 decreased 21:11 defer 23:8 degrees 12:14 delivery 21:12 Denise's 4:21 18:18 18:21 description 7:7 detailed 11:4,9 12:7 details 9:15 determination 6:10 develop 14:17 development 2:17 3:4 4:8 12:8,20 13:4,7 Dhuse 2:15 different 16:4 23:3 Diner 4:21 18:18 direction 27:15 directions 8:17 director 2:15,17,18 18:6 discusses 12:18 13:6 disinfected 17:18 distancing 19:10 dive 5:24 doctor 14:22 doctors 15:8 doing 5:21 14:2 15:11,24 17:11 20:9 21:7 downstate 4:6 9:14 downtown 13:2 20:2 Dr 3:6,9,19,21 23:23,23 24:5,5,8 24:8,20,20 Dubajic 3:3 due 4:11 19:10 Duy 3:11 24:23,23 25:1,1 Duy's 4:18 16:11 16:13 25:1 E easier 23:9,11 economic 3:3 13:4 efforts 13:3 eight 18:22 elected 22:22 23:16 eligibility 9:23 eligible 10:2 19:21 20:21 email 23:6,21 26:3 emergency 4:12 15:2 employed 15:8 employee 10:3 19:20 20:6 employees 10:4 13:21,22 14:8,10 14:19 15:22 17:2 17:2,21 18:5,6,14 18:17 19:1 20:17 21:3,14 employment 12:13 Engineering 3:1 ensure 15:5 Enterprises 3:2 environment 15:5 Eric 2:15 Erin 2:19 especially 13:2 essential 10:6 established 9:17 14:14 esthetician 16:22 evening 12:11 23:7 events 21:1,5 everybody 8:8,22 9:12 21:21 example 22:12 exceed 10:13 Excellent 26:5 Exemplify 4:23 5:1 19:4,6 20:9 24:18 24:21 existing 13:9 19:11 20:16 expected 16:19 expenditures 21:4 expenses 10:11,13 14:5 19:21 20:1,7 20:21 Eye 4:16 14:21,23 24:9 F fair 21:22 families 15:19 fantastic 8:12 Farm 1:13 February 20:14 feedback 8:10,11 feeling 6:20 Field-Orr 2:24 figure 9:4 filed 18:6 Finance 2:18 financials 6:9 first 10:23 12:17 fixed 20:1,6 focus 13:4 following 4:1,12 12:9 follows 11:14 food 16:3 forced 17:15 21:12 foregoing 27:6 forget 26:3 forgot 7:21 forward 19:13 founded 16:24 18:12 Fox 3:15 25:9,9 Foxy's 5:2 21:7,9 24:2 franchise 10:2 Fredrickson 2:18 Frieders 2:8 5:11 5:12,13 friends 5:23 front 6:7 22:6 full 13:19 fully 15:21 fund 5:24 funded 4:7 funding 10:9 11:18 13:23 14:10,18 15:7,21 16:9,16 17:7,20 18:7,16 18:24 19:12,19 20:5,15 21:13 funds 4:9 9:18,20 10:10 11:5,6,15 21:2,24 22:9 Funkhouser 2:7 furloughed 14:7 further 27:10 future 15:22 16:10 19:2 G Game 1:13 general 9:19 generally 10:9 give 7:6 11:4 22:17 giving 7:18 go 8:2 9:3 10:16 21:12 22:24 going 5:6,21,24 6:4 6:4,9 8:2,4,6,15 9:7,8 10:23,24 11:6,12,14 13:8 19:13 golden 6:12 good 8:6,14 grant 4:8 5:4 9:9 11:17,19 21:24 22:2 Greg 3:14 24:11 group 4:21 18:9,12 21:1 25:10 growth 13:6 Grzywa 3:7 25:17 25:17 H half 10:10,11 hand 27:13,17 Harmony 4:19 16:21,24 17:5 24:14 Haven 4:19,19 17:11,12,13 25:6 health 5:1 15:4 20:9 24:21 healthcare 19:22 healthy 12:18 15:5 hear 8:8 hearing 4:3,6 5:4,7 5:10 7:3,12,14 8:18,21,23 9:15 11:21 12:9,11,16 22:20 26:7,12,12 26:16 27:5 HEARINGS 1:9 Heartland 4:20 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 30 17:23 18:1 24:11 help 13:24 14:10,18 15:7,21 helps 14:17 hereto 27:11 hereunto 27:16 hesitancy 19:11 Hill 4:21 18:18 hit 9:9 hope 4:18 13:21 hopefully 7:16 household 13:6 housing 12:8 13:6 21:22 Hurtado 3:12 16:23 24:14,14 I Ice 5:2,2 21:7,8 24:2 Idea 4:20 18:9,11 25:9 Illinois 1:6,14 27:1 27:20 impact 11:7 impacted 9:19 19:9 importance 12:18 improve 12:19 included 12:14 including 11:5 13:14 14:4,13,22 15:13 16:3,12 17:24 18:20 19:5 19:15,24 20:11,21 21:9 inclusive 27:6 Incorporated 4:18 14:2 15:11,24 16:11 18:9,19 19:3 20:9,19 incubating 13:3 indigent 13:23 individually 5:18 information 11:4 11:14 Ingemunson 3:20 insurance 13:15,18 intergovernmental 22:8 inventory 16:18 invested 15:3 invoices 16:13 issues 7:8 Item 4:4 J Jackie 2:5 James 2:13 January 10:1 Jason 2:10 3:19 24:5 Jensen 2:13 Joe 2:6 Joel 2:8 John 2:2 July 13:20 18:12 June 14:9 15:16 K Kathleen 2:24 Kathy 23:8 keep 15:7 Ken 2:3 KENDALL 1:6 key 13:7 kind 5:20,22 know 5:20 22:24,24 Koch 2:3 6:18,19 Krysti 2:16 L laid 17:3 Land 12:22 LASALLE 27:2 Law 4:23 19:23 20:1 layoffs 19:20 Lee 3:8 25:15,15 licensed 16:22 life 12:20 lifted 15:9 Limited 13:13 link 22:5 Lisa 2:14 list 10:17 11:16 12:7 little 7:20 live 18:4 LLC 16:21 17:11 17:23 21:7 loan 6:7 13:17 local 13:22 location 15:1 17:15 long-time 20:22 loss 13:8 14:1 15:18 17:6,16 19:18 20:5 losses 15:23 lower 16:19 Lynn 3:3 M M 27:3,20 maintain 13:21 17:9 20:16 maintenance 13:16 15:14 21:15 malpractice 13:15 manner 16:18 March 14:7,9 15:2 15:17 17:16 18:5 19:8 20:3,3 margins 16:20 Marker 3:14 24:11 24:11 Marketing 4:20 18:9,11 25:9 Martial 4:14 14:12 14:14,16 25:15 materials 22:3 maximum 9:21 10:12 Mayor 2:2 4:4 5:11 5:12 6:18,22 7:1 7:20 8:2,12 9:2 10:14 11:24 12:4 22:14,16 23:4,14 26:5,11 Mayor's 8:10 meals 20:23 measures 15:4 media 17:19 medical 4:20 15:2 17:12,13 25:7 medically 13:23 Medicine 4:13 13:12 23:24 meet 6:2,11,14 meeting 1:8 7:24 12:2 26:17 meetings 21:1 members 5:4,8 7:1 18:4 19:11 23:15 mentally 14:18 Mexican 4:17 16:1 25:4 microphone 22:17 mid-March 14:16 Mike 4:21 18:18,21 Milschewski 2:5 minimum 10:8 minimums 9:9 Mitch 3:22 25:23 month's 10:12 monthly 13:19 Morrell 3:22 25:23 25:23 Motion 4:15 15:12 15:15 25:13 music 20:2 N name 4:22 7:11 9:6 11:15 19:4 23:13 23:17,19,21 names 22:18 23:2,5 narrated 12:15 narrative 11:20 12:5,10 Nathan 3:21 24:20 nature 17:4 nay 6:10 NCTHOMPSON 4:22 19:3 necessary 22:13 need 12:23 needs 4:11 12:8 negotiate 22:14 never 8:6 new 13:7 15:3 news 5:15 Nicole 3:9 24:8 non-essential 10:5 normal 15:10 notice 22:5 number 7:13 numbers 12:13 O o0o---26:18 offer 5:5,9 7:2 20:23 office 4:23 15:4 17:18 19:23 20:1 officials 22:22 23:16 offset 14:1 15:22 16:18 18:7 21:3 21:14 okay 4:18 8:8,9,11 8:13 9:12 23:14 26:11 Olson 2:12 7:6 8:8 8:13,20 21:20 22:19 23:8 ongoing 19:22 online 8:24 open 9:24 10:8 11:22 13:20 14:16 15:23 16:5 19:6 opening 5:3 operated 18:23 operating 16:6 20:2 operation 19:17 operations 16:8,10 19:1 opinion 6:14,17 23:9 order 11:24 12:19 14:16 21:23 orders 21:4,12 original 27:11 ORR 7:4,8 8:1,19 21:18 23:11,21 24:1,4,7,10,13,16 24:19,22,24 25:2 25:5,8,11,14,16 25:19,22 26:1,8 overall 16:15 owner 20:17 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 31 owners 22:23 P p.m 1:18 packet 10:19 11:11 22:12 Pages 27:6 Pam 3:16 pandemic 16:6,7 17:4,7 18:13,15 18:23 19:19 20:15 20:18,24 21:2,10 Parks 2:21 part 11:1 part-time 17:1 participants 22:21 participate 23:18 participating 23:17 participation 22:10 passage 21:22 22:1 passed 15:21 patient 15:7 17:19 patients 13:23 pay 6:7 16:17 17:20 17:22 19:12 20:6 paying 17:8 payment 14:19 payments 13:14,19 payroll 10:10 14:4 14:13 15:14 16:4 16:12,23 17:9,13 18:1,8,11,20 19:5 19:16 20:1,11,16 20:21 21:9,14 payrolls 19:12 penalty 6:6 people 5:22,23 6:6 14:17 23:2,4 percent 16:8 19:18 20:4 person 8:23 22:20 personal 17:4 perspective 6:11 Peterson 2:10 Physical 4:13 13:12 23:24 physically 14:17 Pickering 2:14 Pigeon 4:21 18:18 pivot 21:4 Pizzeria 18:21 place 27:9 plain 25:20 Plan 12:17,21,23 please 23:16,19 26:3 Plocher 2:6 point 8:20 9:8 26:12 police 2:13 9:2 portion 7:23,24 26:7,16 PPP 13:17 practices 15:15 prepared 11:1 12:3 PRESENT 2:1,11 presentation 7:21 8:5,16 10:19 11:4 pretend 23:18 principal 20:17 prior 22:11 prioritized 12:7 proceedings 4:2 26:15 27:5,8 profit 16:19 program 9:10,14 9:16 promotional 16:16 properly 7:17 proposed 4:6 proprietorship 16:22 proves 7:11 provide 9:18 11:22 13:22 19:22 provided 17:5 provider 18:2 Pub 18:21 pubic 27:5 public 1:9 2:15 4:3 4:5 5:3,7,9 7:2,3 7:12,12,14,22 8:17,21,23 9:5,15 11:2,21,22 12:1,4 12:9,11,16 22:5 26:7,12,12,16 Purcell 2:2 4:4 5:12 6:18,22 7:1,20 8:2 8:12 22:16 23:4 23:14 26:5,11 purchase 16:3 put 6:20 7:4 Q quality 12:19 questions 12:3 26:6 R reach 17:18 read 10:14,24 11:13 23:1 receive 16:17 received 10:7 13:24 receiving 5:24 recognize 22:22 record 6:21 7:5 23:13,20 26:4 recorded 23:13 Recreation 2:22 reduction 16:15 20:15 region 12:13 16:14 20:13 registered 22:21 regular 15:14 16:16 relevant 5:22 remain 10:8 remotely 9:6 12:2 18:15 22:20 Remus 2:22 rent 14:4,11,14,19 14:23 16:23 17:8 17:13,22 18:11,20 19:5,12,16 20:11 reopen 14:20 reopening 17:10 19:10 Reporter 27:4 reproduced 27:14 requested 4:10 11:16 requesting 11:6 13:13 14:3,12,21 15:13 16:2,11,23 17:12,24 18:10,19 19:4,15,24 20:10 20:20 21:8 requests 10:20 require 13:18 required 7:16 21:23 22:17 requirements 9:9 10:7 residential 13:9 residents 11:22 resolution 21:23 22:1 response 6:24 26:10 responsibility 27:13 restaurant 4:17 16:1,7 18:24 25:4 restrictions 19:11 result 17:3 resulted 15:6 17:6 20:4 resulting 17:16 resume 15:9 retail 13:1,7 retain 14:10,18 15:22 18:16,24 21:3 retained 18:15 retaining 13:1 return 15:20 revenue 14:1 15:18 19:19 20:5 21:11 revenues 16:15 right 8:9 9:13 10:22 risk 6:6 Road 1:13 Rob 2:18 Robyn 3:23 24:2 room 8:3,4,10 9:1 roster 8:22 10:14 round 6:12 S S.C 19:14 safety 15:4 salaries 14:23 20:6 sales 16:16 Salsa 4:17 16:1,4 25:3 Sanderson 3:1 Sandra 3:12 16:22 24:14 Saturday 14:7 says 6:16 School 4:20 17:23 18:1 24:12 Schultz 3:10 25:12 25:12 Scott 2:21 screen 9:11 10:18 11:13 season 14:9 Seaver 2:9 second 10:17 13:5 section 12:21 13:5 see 6:16 8:3 9:12 seen 16:14 18:12 19:18 20:14,24 21:11 send 6:5 services 13:1 17:5 serving 20:13 set 27:16 share 6:19 8:16 9:11 shared 5:14 Shay 2:22 sheet 9:7 Shoes 16:13 25:1 shoot 23:6 Shorthand 27:3 show 11:12 shut 17:15 shutdown 17:17,21 18:8 20:7 Siddon 3:16 sign-in 9:7 signed 22:10 27:12 significant 15:6 20:14 Sleezer 2:21 slide 22:6 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 32 slides 10:22 11:3,9 11:12 12:6 21:17 small 4:6 9:14 social 17:19 19:10 software/medical 13:15 sole 16:21 sound 8:12 Sounds 8:14 Spa 4:20 17:12,13 25:7 speak 23:2 specifically 12:20 specifics 6:1 spoken 26:2 spring 17:3 SS 27:1 stabilization 4:7 9:14 staff 7:23 14:23 15:8 18:3 22:22 23:15 start 19:19 started 21:10 state 6:5,16 9:17 12:6,14 14:15 21:23 23:16,19 27:1 state's 6:3 states 12:23 statewide 15:8 Step 8:13 steps 21:20 Sterchi 3:19 4:23 19:14,16 24:5,5,5 store 16:20 Studies 25:13 Studio 4:16 15:12 25:13 Studios 4:15 15:11 submission 22:11 submissions 6:5 suggesting 22:7 summarize 11:14 Superintendent 2:21,23 supplies 20:12 support 22:1 supporting 13:3 supposed 8:22 9:3 9:6 sustained 13:2 Sutcliff 3:23 24:2,3 synopsized 7:15 T take 6:4 7:10,19 8:22 11:2 takeout 16:9 19:1 20:24 21:4 takeout-only 16:7 18:23 Tan 4:14 14:3,5 25:18 Taqueria 4:17 16:1 Tarulis 2:9 team 17:1 tell 8:7 temporarily 17:2 terms 22:14 thank 6:18,22 7:21 22:15 24:1,4,7,10 24:13,16,19,22 25:2,5,8,11,14,16 25:19,22 26:1,2 26:13 thereof 27:12,16 thing 5:13 things 6:15 8:15 think 5:17,18,21 6:3,13 26:1 Thompson 3:17,21 4:24 20:8,12 24:17,17,20,20 threat 15:20 three 14:1 17:1 Thumbs 8:9 Thursday 11:11 ticket 6:13 Tiki 4:14 14:3,5 25:17 time 7:18 10:20 12:1 27:8 timely 16:18 Tod 3:11 24:23 25:1 Tony 3:13 25:6 total 4:9 10:20 15:18 17:6,16 20:24 transcribed 27:4 transcript 27:8,11 Transier 2:4 Trends 12:22 true 27:7 try 9:4 trying 6:9 Tuesday 1:17 two 7:8,13 10:12 14:1 U underserved 13:10 understanding 6:6 undertaken 11:17 unemployment 18:7 UNITED 1:5 upcoming 14:11 Update 12:18 Upper 5:1 20:19,22 25:23 urgent 4:10 use 10:10 11:6 12:22 utilities 14:23 16:4 16:24 17:8,13,22 18:11,20 19:6,13 19:16 20:11 21:9 utility 14:5 21:14 V vendor 16:13 vendors 13:18 16:4 16:17 venue 20:2 verbally 23:12 verbatim 11:13 Verde 4:17 16:1,5 25:4 verifiable 9:22 Virtues 4:15 15:12 15:15 25:13 virus 15:21 Vitosh 27:3,20 volume 15:7 vote 5:18 voting 5:6,19 W wait 15:20 waiting 4:5 walk 8:16 want 5:9,14 6:20 7:2 22:24 23:1,3 23:18 26:8 Water 5:2 21:7 way 23:3,10,11 we'll 6:15 we're 5:20 6:4 9:6 we've 4:5 22:20 website 11:10 22:4 weeks 14:1 White 5:2 21:6 Willrett 2:19 Wonderful 8:13 wording 10:24 work 18:5,15 working 9:22 10:11 13:14 14:4,13,22 15:13 16:2,12 17:24 18:10,19 19:5,15,24 20:10 20:20 21:8 Works 2:15 written 26:4 X Y yea 6:10 year 15:17 19:8 years 18:22 Yorkville 1:5,14 4:13,19 9:24 13:13 14:5 15:1 15:16 16:5 17:11 17:14 18:3,4,22 19:7,17 20:13,22 23:24 YouTuber 8:7 Z Zangler 3:9,13 24:8,8 25:6,6 0 084-002883 27:20 1 1 27:6 100 20:4 11,644 16:23 12 1:17 13 18:14 15 13:20,21 16th 15:17 18 10:17,22 11:3,21 11:23 12:10 21:16 18th 27:17 1954 16:14 1980 14:24 2 2 4:4 12:21 2003 13:20 2004 20:14 2007 17:14 2008 19:18 2009 18:12 2011 14:15 21:10 2012 16:5 2014 18:3 2015 14:6 2016 15:16 17:1 19:7 20:3 2017 10:1 2020 1:17 15:2 20:4 27:17 21st 14:7 25,000 9:21 10:13 13:13 14:3,13,22 15:13 16:2,12 17:12,24 18:10,19 19:4,15,24 20:10 20:20 21:8 27 27:6 3 31 18:3,4 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com Page 33 4 436,000 10:21 436,644 4:10 10:21 45 16:8 48 22:21 5 50 10:4 5th 22:4 6 60 9:21 10:8 19:18 7 7:00 1:18 7th 11:11 8 800 1:13 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Minutes #3 Tracking Number Minutes of the Special City Council – May 19, 2020 City Council – May 26, 2020 Majority Approval Approval of Minutes Lisa Pickering Administration Name Department DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY, MAY 19, 2020 Mayor Purcell called the meeting to order at 5:34 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Pickering called the roll. Ward I Koch Present (electronic attendance) Transier Present (electronic attendance) Ward II Milschewski Present (electronic attendance) Plocher Present (electronic attendance) Ward III Funkhouser Present (electronic attendance) Frieders Present (electronic attendance) Ward IV Tarulis Present (electronic attendance) Peterson Present (electronic attendance) Staff in attendance at city hall: City Administrator Olson and Deputy Chief Pfizenmaier. Staff in attendance electronically: City Clerk Pickering, Public Works Director Dhuse, Community Development Director Barksdale-Noble, Finance Director Fredrickson, Parks and Recreation Director Evans, Assistant City Administrator Willrett, and Attorney Orr. Clerk’s Note: Due to COVID-19, requirements of the Open Meetings Act have been temporarily suspended by Governor Pritzker via Executive Order 2020-07 (which was extended by Executive Order 2020-33), which suspends the provisions of the Open Meetings Act, 5 ILCS 120, “Specifically, (1) the requirement in 5 ILCS 120/2.01 that “members of a public body must be physically present” is suspended; and (2) the condition in 5 ILCS 120/7 limiting when remote participation is permitted are suspended”. Members of the public were able to attend this meeting in person while practicing social distancing as well as being able to access the meeting remotely via Zoom which allowed for video, audio and telephonic participation. A meeting notice was posted on the city’s website on the agenda, minutes and packets webpage with instructions regarding remote meeting access and a link was included for the public to participate in the meeting remotely: https://us02web.zoom.us/j/89786759996?pwd=c3VUaUxXdWppellHQWV4UUt5dE5MZz09. The Zoom meeting ID was 897 8675 9996. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. CITIZEN COMMENTS ON AGENDA ITEMS None. BUSINESS Resolution 2020-38 Approving the Issuance of a Non-Recourse Promissory Note to Borrow $400,000 from the Kendall County Revolving Loan Fund to Secure Emergency Working Capital Grant Funding, under the Downstate Small Business Stabilization Program, for Local Businesses facing Hardship due to the COVID-19 Pandemic (Business - A) Mayor Purcell entertained a motion to approve a Resolution Approving the Issuance of a Non-Recourse Promissory Note to Borrow $400,000 from the Kendall County Revolving Loan Fund to Secure Emergency Working Capital Grant Funding, under the Downstate Small Business Stabilization Program, for Local Businesses facing Hardship due to the COVID-19 Pandemic. So moved by Alderman Plocher; seconded by Alderman Frieders. The Minutes of the Special Meeting of the City Council – May 19, 2020 – Page 2 of 2 Administrator Olson said that if the City Council decides to approve this promissory note, the city would move forward with finalizing the eighteen grant applications from the May 12th meeting, for submittal to the state. He noted that there would be an additional eight grant applications that would be presented to the City Council at the May 26th meeting. It was asked if there was a benefit to submitting the first eighteen grant applications now or if the city should wait and submit all the grant applications together after the May 26th meeting. Administrator Olson responded that the benefit to submitting the eighteen from the May 12th meeting would be to get those applications to the state as soon as possible. Staff has heard that the state has received many applications already and there is a possibility that there will not be enough funding to cover all of the applications that the state will receive. Mayor Purcell said that he wanted everyone to understand that there is a potential risk to the city. While unlikely, if every one of the businesses received the grant money and every business defaulted on payment, the county funding will only cover the first $400,000 and the city would be responsible for covering any of the remaining defaults. Motion approved by a roll call vote. Ayes-8 Nays-0 Koch-aye, Milschewski-aye, Funkhouser-aye, Tarulis-aye Transier-aye, Plocher-aye, Frieders-aye, Peterson-aye Letter to Governor on Restore Illinois Plan (Business - B) Mayor Purcell entertained a motion to approve sending a letter to Governor Pritzker on the Restore Illinois Plan. So moved by Alderman Koch; seconded by Alderman Transier. Discussion took place on the proposed letter as some felt that the letter could use more detail. Suggestions were made that the city could add more details about local small businesses and add also add language that all businesses and all workers are essential. Mayor Purcell said that if the city council members wanted to see a revised draft letter, this item could return to the next meeting. Attorney Orr mentioned that similar letters are being sent to the governor right now by many other municipalities in the region. She said that the content of the letter might not be as important as simply getting a letter to the governor as soon as possible. Motion approved by a roll call vote. Ayes-8 Nays-0 Milschewski-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Plocher-aye, Frieders-aye, Peterson-aye, Koch-aye ADJOURNMENT Mayor Purcell entertained a motion to adjourn the City Council meeting. So moved by Alderman Frieders; seconded by Alderman Peterson. Motion unanimously approved by a viva voce vote. Meeting adjourned at 5:53 p.m. Minutes submitted by: Lisa Pickering, City Clerk, City of Yorkville, Illinois Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Bills for Payment Tracking Number Bills for Payment City Council – May 26, 2020 Majority Approval Amy Simmons Finance Name Department DATE: 05/19/20UNITED CITY OF YORKVILLETIME: 15:26:43MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATEACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 900087 FNBO FIRST NATIONAL BANK OMAHA 05/25/20052520-.BEHRENS-A 04/30/20 01 CAROLINA SHOES-WORK BOOTS01-410-56-00-5600175.30INVOICE TOTAL:175.30 *052520-A.SIMMONS04/30/20 01 ADS-APR 2020 ALARM MONITORING23-216-54-00-5446176.4802 AT 800 GAME FARM RD** COMMENT **03 COMCAST-APR 2020 INTERNET & 82-820-54-00-5440304.1104 VOICE** COMMENT **05 VERIZON-MAR 2020 IN CAR UNITS 01-210-54-00-5440756.2506 VERIZON-MAR 2020 MOBILE PHONES 01-220-54-00-5440186.3207 VERIZON-MAR 2020 MOBILE PHONES 01-210-54-00-5440885.0208 VERIZON-MAR 2020 MOBILE PHONES 79-795-54-00-544093.1609 VERIZON-MAR 2020 MOBILE PHONES 51-510-54-00-5440179.4210 VERIZON-MAR 2020 MOBILE PHONES 52-520-54-00-544036.01INVOICE TOTAL:2,616.77 *052520-B.OLSON-A 04/30/20 01 ZOOM-APR 2020 MONTHLLY FEE FOR 01-110-54-00-5460161.7402 AUDIO CONFERENCING** COMMENT **INVOICE TOTAL:161.74 *052520-B.PFIZENMAIER 04/30/20 01 ACE-MAGNETIC TAPE, LYSOL,01-210-54-00-5495173.0502 DOOR STOPS, SLIP JOINTS,** COMMENT **03 PLIERS,SCREWDRIVER SET,SOCKET, ** COMMENT **04 HAMMER** COMMENT **05 NAPA#251154-WIPER BLADES01-210-54-00-5495209.2606 MENARDS-WINDEX, OIL, CLOTH, 01-210-54-00-5495325.8507 CAR WAX** COMMENT **08 AMERICAN TIRE#3175-MOUNT TIRE 01-210-54-00-549515.3609 AMERICAN TIRE#3142-REPLACE01-210-54-00-549517.1710 BATTERY CABLE** COMMENT **11 AMERICAN TIRE#3148-OIL CHANGE 01-210-54-00-549540.9912 AMERICAN TIRE#3161-BRAKE &01-210-54-00-54951,189.4813 STARTER REPLACED** COMMENT **14 STRYPES-SQUAD MARKINGS01-210-54-00-5495200.0015 STRYPES-SQUAD MARKINGS25-205-60-00-6070390.0016 MINER ELECT#269998/9-REMOVE 01-210-54-00-5495380.0017 GRILL LIGHTS, VISOR LIGHTS,** COMMENT **18 CARGO LIGHTS, SIREN & RADIOS** COMMENT **19 MENARDS-RUNNERS01-210-56-00-562012.9920 HOME DEPO-MAGIC CHEF01-210-56-00-5620129.0021 STREICHERS-25-205-60-00-60701,510.0022 AMERICAN TIRE#3225-MOUNT TIRES 01-210-54-00-549565.5623 AMERICAN TIRE#3219-BATTERY01-210-54-00-5495287.0024 IMPRINT-WRISTBANDS01-210-56-00-565095.4025 AMERICAN TIRE#3274-OIL CHANGE 01-210-54-00-549548.1526 AMERICAN TIRE#3249-KILL SWITCH 01-210-54-00-549551.25FY 20Page 1 of 41 DATE: 05/19/20UNITED CITY OF YORKVILLETIME: 15:26:43MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATEACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 900087 FNBO FIRST NATIONAL BANK OMAHA 05/25/20052520-B.PFIZENMAIER 04/30/20 27 AMERICAN TIRE#3269-OIL CHANGE 01-210-54-00-549565.5728 AMERICAN TIRE#3227-OIL01-210-54-00-5495477.2029 CHANGE, STRUTS REPLACED,** COMMENT **30 REPLACED TIMING GASKET** COMMENT **31 REAR STRUTS AND MOUNTS** COMMENT **32 AMERICAN TIRE#3273-BRAKE01-210-54-00-54951,109.3133 REPAIR** COMMENT **34 AMAZON-MAGNETIC WHITEBOARD01-210-56-00-5610244.93INVOICE TOTAL:7,037.52 *052520-C.PARKER-A04/30/20 01 BIG DOG DISTILLERY-SANITIZER01-210-56-00-5620240.0002 AMAZON-FOREHEAD THERMOMETERS 01-210-56-00-5620191.5203 AMAZON-FOREHEAD THERMOMETERS 01-110-56-00-561095.7604 AMAZON-FOREHEAD THERMOMETERS 01-220-56-00-562095.7605 AMAZON-FOREHEAD THERMOMETERS 51-510-56-00-562063.8406 AMAZON-FOREHEAD THERMOMETERS 52-520-56-00-562063.8407 AMAZON-FOREHEAD THERMOMETERS 01-410-56-00-562063.8408 AMAZON-FOREHEAD THERMOMETERS 79-790-56-00-562095.7609 AMAZON-FOREHEAD THERMOMETERS 79-795-56-00-562095.7610 AMAZON-BATTERIES01-110-56-00-561028.9811 PENN CARE-GLOVES79-795-56-00-5620720.7512 PENN CARE-GLOVES79-795-56-00-5620720.7513 PENN CARE-GLOVES01-220-56-00-56201,441.5014 FV WINERY-SANITIZER79-795-56-00-562052.4215 FV WINERY-SANITIZER79-790-56-00-562052.4316 FV WINERY-SANITIZER51-510-56-00-562034.9517 FV WINERY-SANITIZER52-520-56-00-562034.9518 FV WINERY-SANITIZER01-410-56-00-562034.9519 PENN CARE REFUND79-795-56-00-5620-642.0720 PENN CARE REFUND79-790-56-00-5620-642.0821 PENN CARE REFUND01-410-56-00-5620-428.0522 PENN CARE REFUND51-510-56-00-5620-428.0523 PENN CARE REFUND52-520-56-00-5620-428.0524 FV WINERY-SANITIZER01-220-56-00-562069.9025 FV WINERY-SANITIZER01-110-56-00-561069.90INVOICE TOTAL:1,699.26 *052520-D.BROWN-A 04/30/20 01 HOME DEPO-SUPPLIES FOR WELL#7 51-510-56-00-5638478.5602 LIGHT REPLACEMENT** COMMENT **INVOICE TOTAL:478.56 *052520-E.DHUSE-A 04/30/20 01 NAPA#251675-ANTIFREEZE01-410-56-00-56288.0702 NAPA#251818-GEAR OIL01-410-56-00-56287.4903 COFFMAN-FRONT END ALIGNMENT 01-410-54-00-5490393.7504 NAPA#251969-GREASE52-520-56-00-562866.90FY 20Page 2 of 41 DATE: 05/19/20UNITED CITY OF YORKVILLETIME: 15:26:43MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATEACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 900087 FNBO FIRST NATIONAL BANK OMAHA 05/25/20052520-E.DHUSE-A 04/30/20 05 AMAZON-TONER CARTRIDGE52-520-56-00-561047.7306 AMAZON-REACHING AID, TONER01-410-56-00-562092.4607 NAPA#252531-OIL FILTERS01-410-56-00-56285.9308 AMAZON-MARKERS52-520-56-00-561025.9709 NAPA#252863-BATTERY01-410-56-00-562889.99INVOICE TOTAL:738.29 *052520-E.TOPPER04/30/20 01 ALA-EMPATHETIC APPROACH TO84-840-54-00-546018.0002 CUSTOMER SERVICE E-BOOK** COMMENT **03 ZOOM-SUBSCRIPTION84-840-56-00-5635149.9005 AMAZON PRIME MONTHLY USE FEE82-820-54-00-546012.9906 SMITHEREEN-APR 2020 PEST82-820-54-00-546278.0007 CONTROL** COMMENT **INVOICE TOTAL:258.89 *052520-E.WILLRETT-A 04/30/20 01 AMAZON-KEYBOARD COVERS01-110-56-00-561050.8502 ELEMENT FOUR-APR 2020 BILLING 01-640-54-00-5450975.6603 FOR CLOUD CONNECT BACKUPS** COMMENT **INVOICE TOTAL:1,026.51 *052520-J.ENGBBERG 04/30/20 01 ADOBE-MONTHLY CREATIVE CLOUD 01-220-54-00-546252.9902 FEE** COMMENT **INVOICE TOTAL:52.99 *052520-J.JENSEN 04/30/20 01 AMAZON-ROAD FLARES01-210-54-00-541134.9902 E-Z UP-DIGITAL ENTERPRISE01-210-56-00-56201,113.9403 TOP, STEEL FRAME, ROLLER BAG, ** COMMENT **04 WEIGHT BAG, STAKES** COMMENT **05 AMAZON-WALL SAFE01-210-56-00-5620295.7406 AMAZON-RUBBER BANDS, TOTES01-210-56-00-561068.1307 AMAZON-HIGHLIGHTERS01-210-56-00-561010.7809 AUTOSMART-CLEANING TOWELS,01-210-56-00-5620180.0010 HAND SAITIZER, PUMP SPRAYER** COMMENT **11 PREMIER MAILING-BANNER STANDS 01-210-54-00-5411930.0212 WITH GRAPHICS, TABLE THROW** COMMENT **13 AMAZON-TOTES, TAPE, LEGAL PADS 01-210-56-00-5620201.0614 STAPLERS, SCISSORS** COMMENT **15 WALL SAFE** COMMENT **16 PIZZA HUT-PIZZA FOR KENCOM 01-210-54-00-5415196.7217 FOR TELECOMMUNICATIONS WEEK** COMMENT **INVOICE TOTAL:3,031.38 *052520-J.SLEEZER-A 04/30/20 01 AMAZON-CYLINDER SPOOL01-410-56-00-562863.6202 KC TOWING-VEHICLE TOW01-410-54-00-549080.0003 AMAZON-CARBURETOR01-410-56-00-562846.44INVOICE TOTAL:190.06 *FY 20Page 3 of 41 DATE: 05/19/20UNITED CITY OF YORKVILLETIME: 15:26:43MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATEACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 900087 FNBO FIRST NATIONAL BANK OMAHA 05/25/20052520-K.BALOG-A 04/30/20 01 AMAZON-PENS, ENVELOPES01-210-56-00-561041.17INVOICE TOTAL:41.17 *052520-K.BARKSDALE-A 04/30/20 01 KONE-APR 2020 ELEVATOR23-216-54-00-5446160.5002 MAINTENANCE** COMMENT **03 KONE-REMOVE AND REPLACE23-216-54-00-54465,417.0804 SCAVENGER PUMP & PACKING** COMMENT **INVOICE TOTAL:5,577.58 *052520-K.GREGORY04/30/20 01 ARAMARK#1592205281-MATS52-520-54-00-548557.8802 ARAMARK#1592213965-MATS51-510-54-00-548556.6803 ARAMARK#1592196642-MATS01-410-54-00-548557.8804 ARAMARK#1592222016-MATS01-410-54-00-548556.68INVOICE TOTAL:229.12 *052520-L.PICKERING 04/30/20 01 NAGARA2020 SPRING ONLINE01-110-54-00-541249.0002 FORUM-PICKERING** COMMENT **03 SHAW-RAINTREE SUBDIVISION25-225-60-00-601094.8604 LIGHTENING PROJECT** COMMENT **05 SHAW-COUNTRYSIDE LIFT STATION52-520-54-00-5462108.5006 PAINTING** COMMENT **07 TRIBUNE-FY 20-21 BUDGET PUBLIC 01-110-54-00-542685.0008 HEARING** COMMENT **09 WAREHOUSE-FOIL SEALS,BATTERIES 01-110-56-00-561036.05INVOICE TOTAL:373.41 *052520-N.DECKER 04/30/20 01 TYLER CONNECT 2020 CONFERENCE 01-210-54-00-5412-1,950.0002 REGISTRATION REFUND - BALOG & ** COMMENT **03 SOUTHWEST AIRLINES TYLER01-210-54-00-5415-573.9204 CONNECT 2020 CONFERENCE** COMMENT **05 TRANSPORTATION REFUND - BALOG ** COMMENT **06 & CARYLE** COMMENT **07 SHRED-IT-MAR 2020 ON SITE01-210-54-00-5462187.4508 SHREDDING** COMMENT **09 COMCAST-03/14-04/15 INTERNET 01-640-54-00-54491,153.2710 AT&T-04/25-04/24 SERVICE01-210-54-00-5440287.3411 COMCAST-05/08-06/07 CABLE01-210-54-00-54404.2212 ACCURRINT-APR 2020 SEARCHES 01-210-54-00-5462150.00INVOICE TOTAL:-741.64 *052520-P.MCMAHON 04/30/20 01 AMAZON-PUMP DISPENSERS01-210-56-00-562028.9602 AMAZON-PUMP DISPENSERS CREDIT 01-210-56-00-5620-14.4803 AMAZON-UTILIY KNIVES, TWEEZERS 01-210-56-00-562040.3604 AMAZON-BOOT/SHOE COVERS01-210-56-00-56208.4805 SIRCHE-CRIME SCENE01-210-56-00-5620128.20FY 20Page 4 of 41 DATE: 05/19/20UNITED CITY OF YORKVILLETIME: 15:26:43MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATEACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 900087 FNBO FIRST NATIONAL BANK OMAHA 05/25/20052520-P.MCMAHON 04/30/20 06 ELIMINATION KIT, PHOTO** COMMENT **07 REFERENCE SCALE** COMMENT **08 ARROWHEAD-FORENSIC PHOTO RODS01-210-56-00-562054.8009 AMAZON-PAPER PADS, TOOLBOX,01-210-56-00-56201,290.2710 BORE BRUSH, CALIBER PATCH** COMMENT **11 HOLDER, CALIBER PISTOL BRUSH, ** COMMENT **12 PISTOL BRUSHES, CHAMBER** COMMENT **13 BRUSHES, FLASH DRIVES, GPS** COMMENT **14 TRACKER, CAMCORDER, PORTABLE** COMMENT **15 HDD HARD DRIVE,** COMMENT **16 MASTERLOCKKEYED CABLE LOCK,** COMMENT **17 STEALTH CAM, FLASH DRIVES** COMMENT **INVOICE TOTAL:1,536.59 *052520-P.RATOS-A 05/25/20 01 IDPH-LICENSED PLUMBER RENEWAL 01-220-54-00-5460153.3802 FEE-RATOS** COMMENT **03 BFCA-PIPING SPECIAL WASTE01-220-54-00-5412100.0004 SEMINAR-RATOS** COMMENT **INVOICE TOTAL:253.38 *052520-R.FREDRICKSON 04/30/20 01 COMCAST-03/12-04/11 CABLE @ 01-110-54-00-544021.1202 800 GAME FARM RD** COMMENT **03 COMCAST-03/13-04/12 INTERNET 51-510-54-00-5440108.3504 @ 610 TOWER PLANT** COMMENT **05 COMCAST-03/15-04/14 INTERNET 79-795-54-00-544068.4006 @ 102 E VAN EMMON** COMMENT **07 COMCAST-03/15-04/14 CABLE @ 79-795-54-00-544025.7108 102 E VAN EMMON** COMMENT **09 NEWTEK-APR 2020 WEB UPKEEP01-640-54-00-545016.5910 COMCAST-03/24-04/23 INTERNET 79-790-54-00-544084.7711 @ 201 W HYDRAULIC** COMMENT **12 COMCAST-03/24-04/23 INTERNET 79-795-54-00-544063.5813 @ 201 W HYDRAULIC** COMMENT **14 COMCAST-03/24-04/23 INTERNET 01-110-54-00-544039.3715 @ 800 GAME FARM RD** COMMENT **16 COMCAST-03/24-04/23 INTERNET 01-220-54-00-544033.7517 @ 800 GAME FARM RD** COMMENT **18 COMCAST-03/24-04/23 INTERNET 01-120-54-00-544022.5019 @ 800 GAME FARM RD** COMMENT **20 COMCAST-03/24-04/23 INTERNET 01-210-54-00-5440146.2321 @ 800 GAME FARM RD** COMMENT **22 COMCAST-03/29-04/28 INTERNET 79-790-54-00-544089.9023 @ 185 WOLF ST** COMMENT **24 COMCAST-03/29-04/28 CABLE & 79-790-54-00-5440116.0325 VOICE @ 185 WOLF ST** COMMENT **FY 20Page 5 of 41 DATE: 05/19/20UNITED CITY OF YORKVILLETIME: 15:26:43MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATEACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 900087 FNBO FIRST NATIONAL BANK OMAHA 05/25/20052520-R.FREDRICKSON 04/30/20 26 COMCAST-03/29-04/29 INTERNET 52-520-54-00-544039.4727 @ 610 TOWER** COMMENT **28 COMCAST-03/29-04/29 INTERNET01-410-54-00-544078.9529 @ 610 TOWER** COMMENT **30 COMCAST-04/01-04/29 INTERNET51-510-54-00-5440118.4331 @ 610 TOWER** COMMENT **INVOICE TOTAL:1,073.15 *052520-R.HARMON 04/30/20 01 WALGREENS-PRESCHOOL PHOTOS79-795-56-00-5606139.61INVOICE TOTAL:139.61 *052520-R.MIKOLASEK-A 04/30/20 01 ILEAS CONFERENCE REGISTRATION 01-210-54-00-5412-100.0002 REFUND-MIKOLESEK** COMMENT **03 KENDALL PRINT#20-0408-50001-210-54-00-5430452.8004 VEHICLE SEIZURE FORMS, 500** COMMENT **05 AUTHORIZATION TO RELEASE** COMMENT **06 IMPOUNDED VEHICLES, 500 NOTICE ** COMMENT **07 OF HEARING FORMS** COMMENT **08 AMAZON-3 EXTERNAL DRIVES01-210-56-00-563585.47INVOICE TOTAL:438.27 *052520-S.REDMON 04/30/20 01 RUNCO-ENVELOPES79-795-56-00-5610139.9402 SMITHEREEN-MAR 2020 PEST79-790-54-00-549588.0003 CONTROL** COMMENT **04 RUNCO-LABELS FOR VIRTUAL79-795-56-00-561024.9905 PROGRAM MAILINGS** COMMENT **06 AT&T-02/24-03/23 INTERNET FOR 79-795-54-00-544078.5307 TOWN SQUARE SIGN** COMMENT **08 RAINOUT-RAINOUT LINE79-795-54-00-5460399.0009 ROCK'N'KIDS-KID ROCK WINTER 79-795-54-00-5462144.0010 II CLASSES** COMMENT **11 ARNESON#284512-MAR 2020 GAS 79-790-56-00-5695537.3012 ARAMARK#001592236882-MATS79-790-56-00-562018.2113 ARAMARK#001592229564-MATS79-790-56-00-562018.2114 ARAMARK#001592222015-MATS79-790-56-00-562018.2115 ARAMARK#001592213963-MATS79-790-56-00-562018.2116 AMAZON-LAPTOP MOUSE79-795-56-00-56109.9917 SMITHEREEN-APR 2020 PEST79-795-54-00-549567.0018 CONTROL** COMMENT **19 PROMO CHOICE-HAND SANITIZERS 79-795-56-00-5606116.8020 FOR VIRTUAL GOODIE BAGS** COMMENT **21 4 ALL PROMOS-DRAWSTRING79-795-56-00-5606177.1522 BACKPACKS FOR VIRTUAL GOODIE** COMMENT **23 BAGS** COMMENT **INVOICE TOTAL:1,855.54 *FY 20Page 6 of 41 DATE: 05/19/20UNITED CITY OF YORKVILLETIME: 15:26:43MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATEACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 900087 FNBO FIRST NATIONAL BANK OMAHA 05/25/20052520-S.SLEEZER04/30/20 01 GROUND EFFECT#427115-000-MULCH 79-790-56-00-56401,377.0002 GROUND EFFECT#427246-000-MULCH 79-790-56-00-56401,464.0003 GROUND EFFECT#426438-000-SOD 79-790-56-00-5640708.3604 GROUND EFFECT#425898-000-STRAW 79-790-56-00-5640441.6005 RUSS0-BACKPACK BLOWERS, PRUNER 79-790-56-00-5630968.00INVOICE TOTAL:4,958.96 *052520-T.NELSON-A04/30/20 01 PITSTOP-03/13-04/09 RIVERFRONT 79-795-56-00-5620262.0002 PORT-O-LET UPKEEP** COMMENT **INVOICE TOTAL:262.00 *052520-T.SOELKE-A04/30/20 01 KENDALL COUNTY FENCE-ROLLERS 23-216-56-00-5656850.0002 FARM & FLEET-DRIVER BIT SETS, 52-520-60-00-6070984.8303 CLAMPS, MALLETS, SCREWDRIVER** COMMENT **04 SETS, SOCKET SETS, WRENCH** COMMENT **05 KITS, PLIERS, MEASURING TAPES ** COMMENT **06 HOME DEPO-SEARCH LIGHTS,52-520-60-00-6070811.8507 IMPACT SETS, RATCHETS** COMMENT **08 TARGET-DVD PLAYER52-520-56-00-562043.49INVOICE TOTAL:2,690.17 *052520-UCOY-A04/30/20 01 ADVANCED DISPOSAL-MAR 202001-540-54-00-5442 104,825.9302 REFUSE SERVICE** COMMENT **03 ADVANCED DISPOSAL-MAR 202001-540-54-00-54413,003.2904 SENIOR REFUSE SERVICE** COMMENT **INVOICE TOTAL:107,829.22 *CHECK TOTAL:143,983.80TOTAL AMOUNT PAID:143,983.80FY 20Page 7 of 41 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:17:02PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532756 AACVB AURORA AREA CONVENTION3/20-ALL05/14/20 01 MAR 2020 ALL SEASONS HOTEL TAX 01-640-54-00-548136.33INVOICE TOTAL:36.33 *3/20-HAMPTON05/14/20 01 MAR 2020 HAMPTON HOTEL TAX 01-640-54-00-54811,707.08INVOICE TOTAL:1,707.08 *3/20-SUPER05/14/20 01 MAR 2020 SUPER 8 HOTEL TAX 01-640-54-00-54811,244.48INVOICE TOTAL:1,244.48 *3/20-sunset05/14/20 01 MAR 2020 SUNSET HOTEL TAX 01-640-54-00-548125.38INVOICE TOTAL:25.38 *CHECK TOTAL:3,013.27 532757 ADVAAUTO ADVANCED AUTOMATION & CONTROLS20-333804/28/20 01 SCADA SOFTWARE UPGRADE51-510-56-00-56388,995.00INVOICE TOTAL:8,995.00 *CHECK TOTAL:8,995.00 532758 AMPERAGE AMPERAGE ELECTRICAL SUPPLY INC1039873-IN04/17/20 01 BATTERIES82-820-56-00-5621140.00INVOICE TOTAL:140.00 *1040294-IN04/20/20 01 LAMPS, BALLAST23-216-56-00-5656129.70INVOICE TOTAL:129.70 *1042494-IN04/24/20 01 BALLAST KIT, PHOYO CONTROL, 01-410-56-00-5642270.7202 LAMPS** COMMENT **INVOICE TOTAL:270.72 *CHECK TOTAL:540.42Page 8 of 41FY 20 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:17:02PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532759 ARNESON ARNESON OIL COMPANY28760804/17/20 01 APR 2020 GASOLINE51-510-56-00-569590.37INVOICE TOTAL:90.37 *28820404/24/20 01 APR 2020 DIESEL FUEL01-410-56-00-5695130.68INVOICE TOTAL:130.68 *CHECK TOTAL:221.05 532760 BATTERYS BATTERY SERVICE CORPORATION006113004/22/20 01 BATTERIES01-410-56-00-5628489.75INVOICE TOTAL:489.75 *CHECK TOTAL:489.75 532761 CALLONE UNITED COMMUNICATION SYSTEMS24061205/15/20 01 APR 2020 ADMIN LINES01-110-54-00-5440473.0802 APR 2020 CITY HALL NORTEL 01-110-54-00-5440188.2803 APR 2020 CITY HALL NORTEL 01-210-54-00-5440188.2804 APR 2020 CITY HALL NORTEL 51-510-54-00-5440188.2805 APR 2020 POLICE LINES01-210-54-00-5440-590.1806 APR 2020 CITY HALL FIRE01-210-54-00-5440712.0107 APR 2020 CITY HALL FIRE01-110-54-00-5440712.0108 APR 2020 PUBLIC WORKS LINES 51-510-54-00-54403,696.6509 APR 2020 SEWER DEPT LINES 52-520-54-00-5440541.9110 APR 2020 TRAFFIC SIGNAL01-410-54-00-543551.7111 MAINTENANCE** COMMENT **12 APR 2020 PARKS DEPT LINES 79-790-54-00-544072.9013 APR 2020 RECREATION DEPT79-795-54-00-5440299.1714 LINES** COMMENT **INVOICE TOTAL:6,534.10 *CHECK TOTAL:6,534.10Page 9 of 41FY 20 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:17:02PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532762 CAMBRIA CAMBRIA SALES COMPANY INC.1144602/27/20 01 PAPER TOWEL52-520-56-00-562062.34INVOICE TOTAL:62.34 *CHECK TOTAL:62.34 532763 CENTRALL CENTRAL LIMESTONE COMPANY, INC2095504/27/20 01 GRAVEL01-410-56-00-5620819.05INVOICE TOTAL:819.05 *CHECK TOTAL:819.05 532764 COMED COMMONWEALTH EDISON0091033126-042004/29/20 01 03/31-04/29 AUTUMN CRK & RT34 23-216-54-00-548261.83INVOICE TOTAL:61.83 *0185079109-042004/28/20 01 03/30-04/28 420 FAIRHAVEN 52-520-54-00-5480155.74INVOICE TOTAL:155.74 *0435113116-042005/01/20 01 04/01-04/30 RT34 & BEECHER 23-216-54-00-548250.72INVOICE TOTAL:50.72 *0903040077-042004/28/20 01 03/13-04/28 MISC STREET LIGHTS 23-216-54-00-54823,070.11INVOICE TOTAL:3,070.11 *0908014004-042004/29/20 01 03/31-04/29 6780 RT4751-510-54-00-5480119.64INVOICE TOTAL:119.64 *0966038077-042004/27/20 01 03/27-04/27 456 KENNEDY RD 23-216-54-00-5482145.18INVOICE TOTAL:145.18 *1183088101-042004/24/20 01 03/26-04/24 1107 PRAIRIE LIFT 52-520-54-00-5480107.64INVOICE TOTAL:107.64 *CHECK TOTAL:3,710.86Page 10 of 41FY 20 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:17:02PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532765 COMED COMMONWEALTH EDISON1251108256-042004/27/20 01 03/27-04/27 301 E HYDRAULIC 79-795-54-00-548054.36INVOICE TOTAL:54.36 *CHECK TOTAL:54.36 532766 COMED COMMONWEALTH EDISON1407125045-042004/30/20 01 04/01-04/30 1299 CAROLYN CT 52-520-54-00-5480101.15INVOICE TOTAL:101.15 *1647065335-042004/29/20 01 03/31-04/29 SARAVANOS PUMP 52-520-54-00-5480196.72INVOICE TOTAL:196.72 *1718099052-042004/24/20 01 03/26-04/24 872 PRAIRIE CR 52-520-54-00-548026.73INVOICE TOTAL:26.73 *2019099044-042005/05/20 01 03/13-04/13 BRIDGE ST WELL 51-510-54-00-548054.12INVOICE TOTAL:54.12 *2668047007-042004/24/20 01 03/26-04/24 1908 RAINTREE 51-510-54-00-5480338.41INVOICE TOTAL:338.41 *2947052031-042004/28/20 01 03/30-04/28 RIVER & RT4723-216-54-00-5482244.56INVOICE TOTAL:244.56 *2961017043-042004/27/20 01 03/27-04/27 PRESTWICK LIFT 52-520-54-00-5480140.88INVOICE TOTAL:140.88 *3119142025-042004/27/20 01 03/27-04/27 VAN EMMON LOT 51-510-54-00-548020.44INVOICE TOTAL:20.44 *4085080033-042004/27/20 01 03/27-04/27 1991 CANNONBALL TR 51-510-54-00-5480406.97INVOICE TOTAL:406.97 *4449087016-043005/05/20 01 03/27-04/27 MISC LIFT STATIONS 52-520-54-00-54801,349.54INVOICE TOTAL:1,349.54 *Page 11 of 41FY 20 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:17:02PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532766 COMED COMMONWEALTH EDISON4475093053-042004/28/20 01 03/30-04/28 610 TOWER LN51-510-54-00-5480179.88INVOICE TOTAL:179.88 *6819027011-042005/04/20 01 03/27-04/28 MISC PR BUILDINGS 79-795-54-00-5480276.77INVOICE TOTAL:276.77 *7110074020-042004/27/20 01 03/27-04/27 104 E VAN EMMON 01-110-54-00-5480270.39INVOICE TOTAL:270.39 *7982120022-042004/28/20 01 03/30-04/28 609 N BRIDGE01-110-54-00-548024.31INVOICE TOTAL:24.31 *CHECK TOTAL:3,630.87 532767 CONSTELL CONSTELLATION NEW ENERGY1731303280104/29/20 01 03/30-04/28 COUNTRYSIDE PKWY 23-216-54-00-5482119.75INVOICE TOTAL:119.75 *CHECK TOTAL:119.75 532768 COREMAIN CORE & MAIN LPM26590504/29/20 01 27 510M METERS51-510-56-00-56643,532.37INVOICE TOTAL:3,532.37 *M26617804/28/20 01 HANDHELD AUTOGUN REPAIR51-510-54-00-54951,030.00INVOICE TOTAL:1,030.00 *M27108804/29/20 01 100CF METER & FLG SET51-510-56-00-56641,538.39INVOICE TOTAL:1,538.39 *CHECK TOTAL:6,100.76 532769 DUTEK THOMAS & JULIE FLETCHERPage 12 of 41FY 20 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:17:02PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532769 DUTEK THOMAS & JULIE FLETCHER101066704/15/20 01 HOSE ASSEMBLY01-410-56-00-5628223.00INVOICE TOTAL:223.00 *CHECK TOTAL:223.00 532770 DYNEGY DYNEGY ENERGY SERVICES26697892004105/04/20 01 03/27-04/29 2921 BRISTOL RDG 51-510-54-00-54803,804.51INVOICE TOTAL:3,804.51 *26697912004105/04/20 01 03/27-04/29 2224 TREMONT51-510-54-00-54805,831.25INVOICE TOTAL:5,831.25 *26697922005105/04/20 01 03/30-04/29 610 TOWER WELLS 51-510-54-00-54806,026.44INVOICE TOTAL:6,026.44 *CHECK TOTAL:15,662.20 532771 ECOECO CLEAN MAINTENANCE INC870804/30/20 01 APR 2020 OFFICE CLEANING01-110-54-00-54881,005.0002 APR 2020 OFFICE CLEANING01-210-54-00-54881,005.0003 APR 2020 OFFICE CLEANING79-795-54-00-5488525.0004 APR 2020 OFFICE CLEANING79-790-54-00-5488135.0005 APR 2020 OFFICE CLEANING01-410-54-00-548865.0006 APR 2020 OFFICE CLEANING51-510-54-00-548865.0007 APR 2020 OFFICE CLEANING52-520-54-00-548865.00INVOICE TOTAL:2,865.00 *CHECK TOTAL:2,865.00 532772 EEIENGINEERING ENTERPRISES, INC.6889004/30/20 01 NORTH RT47 IMPROVEMENTS01-640-54-00-5465700.50INVOICE TOTAL:700.50 *Page 13 of 41FY 20 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:17:02PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532772 EEIENGINEERING ENTERPRISES, INC.6889104/30/20 01 TRAFFIC CONTROL SIGNAGE AND 01-640-54-00-5465759.5002 MARKINGS** COMMENT **INVOICE TOTAL:759.50 *6889304/30/20 01 UTILITY PERMIT REVIEWS01-640-54-00-54652,325.75INVOICE TOTAL:2,325.75 *6889404/30/20 01 KENDALLWOOD ESTATES PUNCHLIST 01-640-54-00-5465448.25INVOICE TOTAL:448.25 *6889504/30/20 01 GRANDE RESERVE - AVANTI01-640-54-00-546576.50INVOICE TOTAL:76.50 *6889604/30/20 01 PRESTWICK01-640-54-00-5465388.50INVOICE TOTAL:388.50 *6889704/30/20 01 BLACKBERRY WOODS-PHASE B01-640-54-00-5465104.00INVOICE TOTAL:104.00 *6889804/30/20 01 KENDALL MARKETPLACE01-640-54-00-54651,086.9402 RESIDENTIAL** COMMENT **INVOICE TOTAL:1,086.94 *6889904/30/20 01 FOX ROAD JURISDICTIONAL01-640-54-00-5465770.2502 TRANSFER** COMMENT **INVOICE TOTAL:770.25 *CHECK TOTAL:6,660.19 532773 EEIENGINEERING ENTERPRISES, INC.6890104/30/20 01 FOUNTAIN VILLAGE COMPLETION OF 23-230-60-00-6023145.0002 IMPROVEMENTS** COMMENT **INVOICE TOTAL:145.00 *CHECK TOTAL:145.00Page 14 of 41FY 20 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:17:02PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532774 EEIENGINEERING ENTERPRISES, INC.6890204/30/20 01 EAST ORANGE STREET WATER51-510-60-00-6025177.0802 MAIN REPLACEMENT** COMMENT **INVOICE TOTAL:177.08 *6890304/30/20 01 STORM WATER BASIN INSPECTIONS 01-640-54-00-54651,891.25INVOICE TOTAL:1,891.25 *6890404/30/20 01 RAINTREE VILLAGE-LENAR01-640-54-00-5465797.00INVOICE TOTAL:797.00 *6890504/30/20 01 MUNICIPAL ENGINEERING SERVICES 01-640-54-00-54651,900.00INVOICE TOTAL:1,900.00 *6890604/30/20 01 2019-2020 BRIDGE INSPECTIONS 01-640-54-00-546549.25INVOICE TOTAL:49.25 *6890704/30/20 01 CHURCH STREET SANITARY SEWER 52-520-60-00-602590.5502 IMPROVEMENTS** COMMENT **INVOICE TOTAL:90.55 *6890804/30/20 01 FY 2021 BUDGET01-640-54-00-54651,387.00INVOICE TOTAL:1,387.00 *6891104/30/20 01 FS PROPERTY - BOOMBAH01-640-54-00-5465208.00INVOICE TOTAL:208.00 *6891204/30/20 01 CITY OF YORKVILLE-GENERAL 01-640-54-00-5465918.00INVOICE TOTAL:918.00 *6891404/30/20 01 GREENBRIAR RD ROADWAY01-640-54-00-54652,690.0002 IMPROVEMENTS** COMMENT **INVOICE TOTAL:2,690.00 *6891504/30/20 01 2020 NPDES MS4 INSPECTION AND 01-640-54-00-54651,182.00Page 15 of 41FY 20 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:17:02PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532774 EEIENGINEERING ENTERPRISES, INC.6891504/30/20 02 ANNUAL REPORT** COMMENT **INVOICE TOTAL:1,182.00 *CHECK TOTAL:11,290.13 532775 EEIENGINEERING ENTERPRISES, INC.6892804/30/20 01 PUBLIC WORKS MATERIAL STORAGE 01-640-54-00-546594.0002 SHED** COMMENT **INVOICE TOTAL:94.00 *CHECK TOTAL:94.00 532776 EEIENGINEERING ENTERPRISES, INC.6892904/30/20 01 WELLS #8 & #9 WATER TREATMENT 51-510-60-00-60811,715.5002 PLANT CATION EXCHANGE MEDIA ** COMMENT **03 REPLACEMENT** COMMENT **INVOICE TOTAL:1,715.50 *6893004/30/20 01 ELIZABETH STREET WATER MAIN 51-510-60-00-60257,397.5002 IMPROVEMENTS** COMMENT **INVOICE TOTAL:7,397.50 *6894304/30/20 01 GRANDE RESERVE UNIT 8-ENG 01-640-54-00-5465300.0002 INSPECTIONS** COMMENT **INVOICE TOTAL:300.00 *6894404/30/20 01 CALEDONIA PHASE 1-ENG01-640-54-00-5465400.0002 INSPECTIONS** COMMENT **INVOICE TOTAL:400.00 *6894504/30/20 01 GRANDE RESERVE UNIT 1-ENG 01-640-54-00-5465400.0002 INSPECTIONS** COMMENT **INVOICE TOTAL:400.00 *Page 16 of 41FY 20 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:17:02PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532776 EEIENGINEERING ENTERPRISES, INC.6894604/30/20 01 AUTUMN CREEK-ENG INSPECTIONS 01-640-54-00-5465200.00INVOICE TOTAL:200.00 *6894704/30/20 01 PRESTWICK-ENG INSPECTIONS 01-640-54-00-5465400.00INVOICE TOTAL:400.00 *6894804/30/20 01 GRANDE RESERVE UNIT 3-ENG 01-640-54-00-5465100.0002 INSPECTIONS** COMMENT **INVOICE TOTAL:100.00 *CHECK TOTAL:10,913.00 532777 FLATSOS RAQUEL HERRERA1484904/24/20 01 2 NEW TIRES79-790-54-00-5495138.96INVOICE TOTAL:138.96 *CHECK TOTAL:138.96 532778 FLEXFLEX BENEFIT SERVICE CORP.12586146482005/09/20 01 APR 2020 HRA ADMIN FEES01-110-52-00-521620.0002 APR 2020 HRA ADMIN FEES01-120-52-00-521610.0003 APR 2020 HRA ADMIN FEES01-210-52-00-5216100.0004 APR 2020 HRA ADMIN FEES01-220-52-00-521620.0005 APR 2020 HRA ADMIN FEES01-410-52-00-52166.6706 APR 2020 HRA ADMIN FEES79-790-52-00-521627.5007 APR 2020 HRA ADMIN FEES79-795-52-00-521622.5008 APR 2020 HRA ADMIN FEES51-510-52-00-521616.6709 APR 2020 HRA ADMIN FEES52-520-52-00-521611.6610 APR 2020 HRA ADMIN FEES01-640-52-00-524030.0011 APR 2020 HRA ADMIN FEES82-820-52-00-521620.0012 APR 2020 FSA ADMIN FEES01-110-52-00-521612.0013 APR 2020 FSA ADMIN FEES01-120-52-00-52164.00Page 17 of 41FY 20 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:17:02PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532778 FLEXFLEX BENEFIT SERVICE CORP.12586146482005/09/20 14 APR 2020 FSA ADMIN FEES01-210-52-00-521624.0015 APR 2020 FSA ADMIN FEES01-220-52-00-52164.0016 APR 2020 FSA ADMIN FEES01-410-52-00-52168.0017 APR 2020 FSA ADMIN FEES51-510-52-00-52168.00INVOICE TOTAL:345.00 *CHECK TOTAL:345.00 532779 FOXVALSA FOX VALLEY SANDBLASTING4258204/24/20 01 SANDBLAST & RECOAT CAPS & 79-790-54-00-5495435.0002 CLAMPS** COMMENT **INVOICE TOTAL:435.00 *CHECK TOTAL:435.00 532780 GARDKOCH GARDINER KOCH & WEISBERGH-2364C-14729705/01/20 01 KIMBALL HILL I MATTERS01-640-54-00-54612,108.30INVOICE TOTAL:2,108.30 *H-3586C-14729805/01/20 01 NICHOLSON MATTERS01-640-54-00-5461176.00INVOICE TOTAL:176.00 *H-3995C-14729905/01/20 01 YMCA MATTERS01-640-54-00-546122.00INVOICE TOTAL:22.00 *H4412C-14729605/01/20 01 GREEN ORGANICS MATTERS01-640-54-00-5461572.00INVOICE TOTAL:572.00 *CHECK TOTAL:2,878.30 532781 HAWKINS HAWKINS INC470902405/04/20 01 CHEMICALS51-510-56-00-5638949.72INVOICE TOTAL:949.72 *CHECK TOTAL:949.72Page 18 of 41FY 20 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:17:02PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532782 ILTRUCK ILLINOIS TRUCK MAINTENANCE, IN02893704/30/20 01 REPLACE TRANS SHIFT CABLE 01-410-54-00-54902,171.18INVOICE TOTAL:2,171.18 *CHECK TOTAL:2,171.18 532783 IMPACT IMPACT NETWORKING, LLC177300604/28/20 01 03/29-04/28 COPIER CHARGES 01-110-54-00-543060.5902 03/29-04/28 COPIER CHARGES 01-120-54-00-543020.2003 03/29-04/28 COPIER CHARGES 01-220-54-00-543037.6804 03/29-04/28 COPIER CHARGES 01-210-54-00-543074.3705 03/29-04/28 COPIER CHARGES 01-410-54-00-54624.4706 03/29-04/28 COPIER CHARGES 51-510-54-00-54304.4707 03/29-04/28 COPIER CHARGES 52-520-54-00-54304.4608 03/29-04/28 COPIER CHARGES 79-790-54-00-546264.5009 03/29-04/28 COPIER CHARGES 79-795-54-00-546264.50INVOICE TOTAL:335.24 *178002405/01/20 01 02/01-04/30 PRINTER CHARGES 01-210-54-00-54302.2502 02/01-04/30 PRINTER CHARGES 01-110-54-00-543017.1103 02/01-04/30 PRINTER CHARGES 01-120-54-00-543031.1204 02/01-04/30 PRINTER CHARGES 79-790-54-00-54300.9305 02/01-04/30 UB PRINTER CHARGES 01-120-54-00-543012.4106 02/01-04/30 UB PRINTER CHARGES 51-510-54-00-543016.6407 02/01-04/30 UB PRINTER CHARGES 52-520-54-00-54307.76INVOICE TOTAL:88.22 *CHECK TOTAL:423.46 532784 JACKHIRS JACKSON-HIRSH, INC.102899904/30/20 01 LAMINATING SHEETS79-795-56-00-561046.48INVOICE TOTAL:46.48 *CHECK TOTAL:46.48Page 19 of 41FY 20 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:17:02PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532785 KLIMEKD MICHAEL & DANIELLE KLIMEK17874405/13/20 01 SOCCER LEAGUE FEE REFUND79-000-44-00-4404 COVID-19170.00INVOICE TOTAL:170.00 *CHECK TOTAL:170.00 532786 LENNAR LENNAR CHICAGO, INC2020 REIMB05/05/20 01 FY 2020 RAINTREE OFF-SITE 52-520-75-00-750030,947.5702 SANITARY REIMBURSEMENT FINAL ** COMMENT **03 PAYMENT** COMMENT **INVOICE TOTAL:30,947.57 *CHECK TOTAL:30,947.57 532787 MENLAND MENARDS - YORKVILLE8160104/21/20 01 TRANSPORT CHAIN, RATCHET52-520-60-00-6070178.9702 BINDER** COMMENT **INVOICE TOTAL:178.97 *8161804/21/20 01 BARB COUPLING, ROUNDUP01-410-56-00-562041.66INVOICE TOTAL:41.66 *8161904/21/20 01 BOARDS, NUTS, WASHERS, BOLTS 79-790-56-00-564068.63INVOICE TOTAL:68.63 *CHECK TOTAL:289.26 532788 MENLAND MENARDS - YORKVILLE8174604/23/20 01 CONCRETE, CEMENT79-790-56-00-5640211.47INVOICE TOTAL:211.47 *CHECK TOTAL:211.47Page 20 of 41FY 20 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:17:02PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532789 MENLAND MENARDS - YORKVILLE8174804/23/20 01 CREDIT FOR RETURNED CONCRETE 79-790-56-00-5640-2.52INVOICE TOTAL:-2.52 *8176504/23/20 01 TIEDOWN, FLANGE01-410-56-00-562015.97INVOICE TOTAL:15.97 *8182804/24/20 01 SMART STRAW, BRAKELEEN, TACK 52-520-56-00-562051.5602 SPRAY, OIL-THREAD CUTTING** COMMENT **INVOICE TOTAL:51.56 *81846-2004/24/20 01 OIL-DRY52-520-56-00-562019.96INVOICE TOTAL:19.96 *8209404/27/20 01 CABLE TIES52-520-56-00-562030.47INVOICE TOTAL:30.47 *8217004/28/20 01 CUTTING & GRNDING WHEEL79-790-56-00-562028.77INVOICE TOTAL:28.77 *8218004/28/20 01 TOP SOIL52-520-56-00-56201.29INVOICE TOTAL:1.29 *8218304/28/20 01 AIR FRESHNERS52-520-56-00-56206.35INVOICE TOTAL:6.35 *8222804/29/20 01 ANT KILLER & BAIT23-216-56-00-565620.96INVOICE TOTAL:20.96 *8226704/29/20 01 SANDWICH BAGS, IRON OUT51-510-56-00-562055.08INVOICE TOTAL:55.08 *8231604/30/20 01 BRUSH, EXTENSION HANDLE, HOUSE 52-520-56-00-562042.9402 WASH** COMMENT **INVOICE TOTAL:42.94 *Page 21 of 41FY 20 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:17:02PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532789 MENLAND MENARDS - YORKVILLE82407-2005/01/20 01 WEEDER52-520-56-00-56309.96INVOICE TOTAL:9.96 *CHECK TOTAL:280.79 532790 METIND METROPOLITAN INDUSTRIES, INC.INV01637404/30/20 01 1299 CAROLINE CT PUMP REPAIR 52-520-54-00-54445,585.00INVOICE TOTAL:5,585.00 *CHECK TOTAL:5,585.00 532791 MIDWSALT MIDWEST SALTP45129803/31/20 01 BULK ROCK SALT51-510-56-00-56382,451.40INVOICE TOTAL:2,451.40 *P45159404/29/20 01 BULK ROCK SALT51-510-56-00-56382,719.15INVOICE TOTAL:2,719.15 *CHECK TOTAL:5,170.55 532792 MONTGLAN MONTGOMERY LANDSCAPING944604/29/20 01 TANDEM DIRT51-510-56-00-562087.5002 TANDEM DIRT01-410-56-00-562087.50INVOICE TOTAL:175.00 *CHECK TOTAL:175.00 532793 NICOR NICOR GAS00-41-22-8748 4-0420 05/04/20 01 04/02-05/02 1107 PRAIRIE LN 01-110-54-00-548044.21INVOICE TOTAL:44.21 *Page 22 of 41FY 20 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:17:02PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532793 NICOR NICOR GAS12-43-53-5625 3-0420 05/05/20 01 04/03-05/03 609 N BRIDGE01-110-54-00-548042.77INVOICE TOTAL:42.77 *15-41-50-1000 6-0420 05/05/20 01 04/20-05/02 804 GAME FARM RD 01-110-54-00-5480262.31INVOICE TOTAL:262.31 *15-64-61-3532 5-0420 05/04/20 01 04/02-05/02 1991 CANNONBALL TR 01-110-54-00-548040.89INVOICE TOTAL:40.89 *20-52-56-2042 1-0420 04/30/20 01 03/30-04/29 420 FAIRHAVEN 01-110-54-00-5480119.55INVOICE TOTAL:119.55 *23-45-91-4862 5-0420 05/05/20 01 04/03-05/03 101 BRUELL ST 01-110-54-00-5480122.88INVOICE TOTAL:122.88 *40-52-64-8356 1 - 04 05/08/20 01 04/06-05/06 102 E VAN EMMON 01-110-54-00-5480227.98INVOICE TOTAL:227.98 *46-69-47-6727 1-0420 05/08/20 01 04/07-05/08 1975 BRIDGE ST 01-110-54-00-5480119.32INVOICE TOTAL:119.32 *61-60-41-100 9-0420 05/07/20 01 04/03-05/03 610 TOWER LN01-110-54-00-5480171.47INVOICE TOTAL:171.47 *62-37-86-4779 6-0420 05/08/20 01 04/07-05/08 185 WOLF ST01-110-54-00-5480106.24INVOICE TOTAL:106.24 *66-70-44-6942 9-0420 05/08/20 01 04/07-05/08 1908 RAINTREE RD 01-110-54-00-5480120.31INVOICE TOTAL:120.31 *80-56-05-1157 0-0420 05/08/20 01 04/07-05/08 2512 ROSEMONT 01-110-54-00-548044.73INVOICE TOTAL:44.73 *83-80-00-1000 7-0420 05/07/20 01 04/03-05/03 610 TOWER UNIT B 01-110-54-00-5480117.85INVOICE TOTAL:117.85 *Page 23 of 41FY 20 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:17:02PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532793 NICOR NICOR GAS91-85-68-4012 8-0420 05/05/20 01 04/02-05/02 902 GAME FARM RD 82-820-54-00-5480803.96INVOICE TOTAL:803.96 *95-16-10-1000 4-0420 05/05/20 01 04/03-05/05 1 rt4701-110-54-00-548037.53INVOICE TOTAL:37.53 *CHECK TOTAL:2,382.00 532794 PARKVIEW PARKVIEW CHRISTIAN ACADEMY17868205/08/20 01 PARK RENTAL RESERVATION REFUND 79-000-48-00-4825 COVID-19135.00INVOICE TOTAL:135.00 *CHECK TOTAL:135.00 532795 PERFCONS PERFORMANCE CONSTRUCTION &RETAINAGE05/06/20 01 ENGINEER'S PAYMENT ESTIMATE 51-510-60-00-60255,530.7102 #5 AND FINAL EAST ORANGE** COMMENT **03 STREET WATER MAIN IMPROVEMENTS ** COMMENT **INVOICE TOTAL:5,530.71 *CHECK TOTAL:5,530.71 532796 R0001975 RYAN HOMES2072 SQUIRE05/14/20 01 CANCELLED PERMIT#20200132 RFND 01-000-42-00-42101,750.2002 CANCELLED PERMIT#20200132 RFND 51-000-44-00-4430550.0003 CANCELLED PERMIT#20200132 RFND 52-000-44-00-4455500.0004 CANCELLED PERMIT#20200132 RFND 42-000-42-00-420825.0005 CANCELLED PERMIT#20200132 RFND 25-000-42-00-4219700.0006 CANCELLED PERMIT#20200132 RFND 25-000-42-00-4215300.0007 CANCELLED PERMIT#20200132 RFND 84-000-42-00-4214500.0008 CANCELLED PERMIT#20200132 RFND 25-000-42-00-422050.00Page 24 of 41FY 20 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:17:02PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532796 R0001975 RYAN HOMES2072 SQUIRE05/14/20 09 CANCELLED PERMIT#20200132 RFND 25-000-42-00-4218100.0011 CANCELLED PERMIT#20200132 RFND 23-000-42-00-42222,000.00INVOICE TOTAL:6,475.20 *2076 SQUIRE CR05/14/20 01 CANCELLED PERMIT#20200099 RFND 01-000-42-00-42101,662.0002 CANCELLED PERMIT#20200099 RFND 51-000-44-00-4430550.0003 CANCELLED PERMIT#20200099 RFND 52-000-44-00-4455500.0004 CANCELLED PERMIT#20200099 RFND 42-000-42-00-420825.0005 CANCELLED PERMIT#20200099 RFND 25-000-42-00-4219700.0006 CANCELLED PERMIT#20200099 RFND 25-000-42-00-4215300.0007 CANCELLED PERMIT#20200099 RFND 84-000-42-00-4214500.0008 CANCELLED PERMIT#20200099 RFND 25-000-42-00-422050.0009 CANCELLED PERMIT#20200099 RFND 25-000-42-00-4218100.0011 CANCELLED PERMIT#20200099 RFND 23-000-42-00-42222,000.00INVOICE TOTAL:6,387.00 *2810 SHERIDAN05/14/20 01 CANCELLED PERMIT#20190005 RFND 01-000-42-00-42101,370.2002 CANCELLED PERMIT#20190005 RFND 51-000-44-00-4430550.0003 CANCELLED PERMIT#20190005 RFND 52-000-44-00-4455500.0004 CANCELLED PERMIT#20190005 RFND 42-000-42-00-420825.0005 CANCELLED PERMIT#20190005 RFND 25-000-42-00-4219700.0006 CANCELLED PERMIT#20190005 RFND 25-000-42-00-4215300.0007 CANCELLED PERMIT#20190005 RFND 84-000-42-00-4214500.0008 CANCELLED PERMIT#20190005 RFND 25-000-42-00-422050.0009 CANCELLED PERMIT#20190005 RFND 25-000-42-00-4218100.0011 CANCELLED PERMIT#20190005 RFND 23-000-42-00-42222,000.00INVOICE TOTAL:6,095.20 *CHECK TOTAL:18,957.40 532797 R0002054 TADD GIBSON17867605/07/20 01 BRIDGE TOURNAMENT REFUND79-000-44-00-4402 COVID-19400.00INVOICE TOTAL:400.00 *CHECK TOTAL:400.00Page 25 of 41FY 20 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:17:02PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532798 R0002240 KATHLEEN SANTORIA17857104/28/20 01 BRIDGE TOURNAMENT REFUND79-000-44-00-4402350.00INVOICE TOTAL:350.00 *CHECK TOTAL:350.00 532799 R0002340 PATTY DAW17854404/24/20 01 BUNNY BREAKFAST REFUND79-000-44-00-44026.00INVOICE TOTAL:6.00 *CHECK TOTAL:6.00 532800 R0002361 CEMENTRIX CONCRETE2020-029905/11/20 01 REFUND BUILDING PERMIT FOR 01-000-42-00-421050.0002 2485 ELLSWORTH** COMMENT **INVOICE TOTAL:50.00 *2020-037305/11/20 01 REFUND BUILD PERMIT FOR 662 01-000-42-00-421050.0002 KENTSHIRE** COMMENT **INVOICE TOTAL:50.00 *CHECK TOTAL:100.00 532801 R0002362 LYNEEN GERL17868605/08/20 01 BASEBALL LAEGUE REFUND79-000-44-00-4404 COVID-19250.00INVOICE TOTAL:250.00 *CHECK TOTAL:250.00 532802 R0002364 SCOTT DUDZINSKI17839404/06/20 01 BRIDGE TOURNAMENT REFUND79-000-44-00-4402400.00INVOICE TOTAL:400.00 *CHECK TOTAL:400.00Page 26 of 41FY 20 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:17:02PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532803 R0002365 MARIJO KING17864805/05/20 01 SPRING SOCCER REFUND79-000-44-00-4404 COVID-1950.00INVOICE TOTAL:50.00 *CHECK TOTAL:50.00 532804 REALMNGE REAL MANAGEMGMT-2020M4-YORKVILL 04/01/20 01 APR 2020 MANAGEMENT FEES12-112-54-00-5462248.0702 APR 2020 MANAGEMENT FEES11-111-54-00-5462248.06INVOICE TOTAL:496.13 *MGMT1-2020M1-YORKVIL 01/01/20 01 JAN 2020 MANAGEMENT FEES12-112-54-00-5462248.0602 JAN 2020 MANAGEMENT FEES11-111-54-00-5462248.07INVOICE TOTAL:496.13 *CHECK TOTAL:992.26 532805 REINDERS REINDERS, INC.1824484-0004/23/20 01 SPRING TINE79-790-56-00-5640286.26INVOICE TOTAL:286.26 *CHECK TOTAL:286.26D001648 SCOTTTR TREVOR SCOTT05012005/01/20 01 APR 2020 MOBILE EMAIL79-790-54-00-544045.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:45.00 *DIRECT DEPOSIT TOTAL:45.00D001649 SOELKET TOM SOELKE05042005/04/20 01 MILEAGE REIMBURSEMENT TO DROP 52-520-54-00-541546.34Page 27 of 41FY 20 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:17:02PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D001649 SOELKET TOM SOELKE05042005/04/20 02 CITY TRUCK FOR REPAIR** COMMENT **INVOICE TOTAL:46.34 *DIRECT DEPOSIT TOTAL:46.34 532806 SUBURLAB SUBURBAN LABORATORIES INC.17588004/30/20 01 COLIFORM51-510-54-00-5429507.00INVOICE TOTAL:507.00 *CHECK TOTAL:507.00 532807 TODAYS TODAY'S BUSINESS SOLUTIONS INC012020-6001/23/20 01 COST OF FAXES FOR LIBRARY FOR 82-820-54-00-546219.2002 OCT 2019-DEC 2019** COMMENT **INVOICE TOTAL:19.20 *CHECK TOTAL:19.20 532808 TRCONTPR TRAFFIC CONTROL & PROTECTION10390904/27/20 01 STREET SIGNS01-410-56-00-5619161.05INVOICE TOTAL:161.05 *10391004/27/20 01 HYDRANT FLUSHING SIGNS51-510-56-00-5640235.30INVOICE TOTAL:235.30 *CHECK TOTAL:396.35 532809 TRICO TRICO MECHANICAL , INC533004/29/20 01 AIR CONDITIONER REPAIR AT 23-216-54-00-5446494.0102 CITY HALL** COMMENT **INVOICE TOTAL:494.01 *Page 28 of 41FY 20 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:17:02PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532809 TRICO TRICO MECHANICAL , INC533104/29/20 01 AIR CONDITIONER REPAIR AT 23-216-54-00-5446816.0002 CITY HALL** COMMENT **INVOICE TOTAL:816.00 *533404/30/20 01 AIR CONDITIONER REPAIR AT 23-216-54-00-54462,774.0002 CITY HALL** COMMENT **INVOICE TOTAL:2,774.00 *CHECK TOTAL:4,084.01 532810 YORKACE YORKVILLE ACE & RADIO SHACK17066204/08/20 01 KEY79-790-56-00-56403.99INVOICE TOTAL:3.99 *CHECK TOTAL:3.99 532811 YOUNGM MARLYS J. YOUNG04212004/09/20 01 04/21/20 UNIFIED DEVELOPMENT 01-110-54-00-546254.2502 MEETING MINUTES** COMMENT **INVOICE TOTAL:54.25 *CHECK TOTAL:54.25TOTAL CHECKS PAID:167,266.27TOTAL DEPOSITS PAID:91.34TOTAL AMOUNT PAID:167,357.61Page 29 of 41FY 20 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/08/20UNITED CITY OF YORKVILLETIME: 14:30:54PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/12/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D001647 YBSDYORKVILLE BRISTOL0320SF05/08/20 01 MAR 2020 SANITARY FEES95-000-24-00-2450272,205.98INVOICE TOTAL:272,205.98 *DIRECT DEPOSIT TOTAL:272,205.98TOTAL CHECKS PAID:0.00TOTAL DEPOSITS PAID:272,205.98TOTAL AMOUNT PAID:272,205.98Page 30 of 41FY 21 DATE: 05/19/20UNITED CITY OF YORKVILLETIME: 15:19:26MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEMCHECKINVOICE #DATE# DESCRIPTIONDATEACCOUNT #ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 900088 FNBO FIRST NATIONAL BANK OMAHA 05/25/20052520-A.SIMMONS-B 04/30/20 01 QUADIENT-MAY-JUL 2020 POSTAGE 01-120-54-00-5485161.9702 MACHINE LEASE** COMMENT **03 ADS-MAY-JUN 2020 ALARM23-216-54-00-5446352.9604 MONITORING @ 800 GAME FARM RD** COMMENT **05 ADS-MAY-JUL 2020 ALARM23-216-54-00-5446223.8306 MONITORING @ 102 E VAN EMMON** COMMENT **INVOICE TOTAL:738.76 *052520-E.TOPPER-B04/30/20 01 TRIBUNE-SUBSCRIPTION RENEWALS 82-820-54-00-5460171.8002 BREAKOUT-EDU KIT REFUND82-000-24-00-2480-160.88INVOICE TOTAL:10.92 *052520-K.GREGORY-B 04/30/20 01 MINER#100594-MAY 2020 MANAGED 01-410-54-00-5462366.8502 SERVICES RADIO** COMMENT **03 MINER#100594-MAY 2020 MANAGED 51-510-54-00-5462430.6504 SERVICES RADIO** COMMENT **05 MINER#100594-MAY 2020 MANAGED 52-520-54-00-5462287.1006 SERVICES RADIO** COMMENT **07 MINER#100594-MAY 2020 MANAGED 79-790-54-00-5462510.4008 SERVICES RADIO** COMMENT **INVOICE TOTAL:1,595.00 *052520-L.PICKERING-B 04/30/20 01 TRIBUNE-GAS-N-WASH BACKUP SSA 90-144-00-00-0011427.4402 PUBLIC HEARING** COMMENT **INVOICE TOTAL:427.44 *CHECK TOTAL:2,772.12TOTAL AMOUNT PAID:2,772.12FY 21Page 31 of 41 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:39:45PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D001650 ANTPLACE ANTHONY PLACE YORKVILLE LPJUNE 202005/15/20 01 CITY OF YORKVILLE HOUSING 01-640-54-00-5427769.0002 ASSISTANCE PROGRAM RENT** COMMENT **03 REIMBURSEMENT FOR JUNE 2020 ** COMMENT **INVOICE TOTAL:769.00 *DIRECT DEPOSIT TOTAL:769.00 532813 ATTAT&T6305536805-052004/25/20 01 04/25-05/24 SERVICE51-510-54-00-5440391.73INVOICE TOTAL:391.73 *CHECK TOTAL:391.73 532814 BATTERYS BATTERY SERVICE CORPORATION006172805/08/20 01 BATTERY01-410-56-00-562894.95INVOICE TOTAL:94.95 *CHECK TOTAL:94.95 532815 BCBSBLUE CROSS BLUE SHIELD05082005/08/20 01 JUN 2020 HEALTH INS01-110-52-00-52167,400.0302 JUN 2020 HEALTH INS01-120-52-00-52164,044.1403 JUN 2020 HEALTH INS01-210-52-00-521649,444.6804 JUN 2020 HEALTH INS01-220-52-00-52166,620.2205 JUN 2020 HEALTH INS01-410-52-00-521610,163.4506 JUN 2020 HEALTH INS01-640-52-00-524011,216.9207 JUN 2020 HEALTH INS79-790-52-00-521612,443.2508 JUN 2020 HEALTH INS79-795-52-00-52166,882.7309 JUN 2020 HEALTH INS51-510-52-00-52168,506.7110 JUN 2020 HEALTH INS52-520-52-00-52166,510.8011 JUN 2020 HEALTH INS82-820-52-00-52165,243.88Page 32 of 41FY 21 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:39:45PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532815 BCBSBLUE CROSS BLUE SHIELD05082005/08/20 12 APR 2020 HEALTH INS-T.SCOTT 79-790-52-00-522337.40INVOICE TOTAL:128,514.21 *CHECK TOTAL:128,514.21 532816 BKFDBRISTOL KENDALL FIRE DEPART.043020-DEV05/15/20 01 FEB-APR 2020 DEVELOPMENT FEES 95-000-24-00-245214,500.00INVOICE TOTAL:14,500.00 *CHECK TOTAL:14,500.00 532817 DEARNATI DEARBORN LIFE INS. COMPANY05082005/08/20 01 JUNE 2020 VISION INS01-110-52-00-522494.1502 JUNE 2020 VISION INS01-120-52-00-522458.9503 JUNE 2020 VISION INS01-210-52-00-5224524.4804 JUNE 2020 VISION INS01-220-52-00-522490.0605 JUNE 2020 VISION INS01-410-52-00-522495.7506 JUNE 2020 VISION INS01-640-52-00-5242198.9407 JUNE 2020 VISION INS79-790-52-00-5224128.1208 JUNE 2020 VISION INS79-795-52-00-522485.0009 JUNE 2020 VISION INS51-510-52-00-522499.0210 JUNE 2020 VISION INS52-520-52-00-522466.2611 JUNE 2020 VISION INS82-820-52-00-522484.33INVOICE TOTAL:1,525.06 *CHECK TOTAL:1,525.06 532818 EEIENGINEERING ENTERPRISES, INC.6890004/30/20 01 TIMBER GLENN SUBDIVISION90-114-00-00-01111,687.50INVOICE TOTAL:1,687.50 *6890904/30/20 01 GRANDE RESERVE-UNIT 26 & 27 90-147-00-00-0111394.77INVOICE TOTAL:394.77 *Page 33 of 41FY 21 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:39:45PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532818 EEIENGINEERING ENTERPRISES, INC.6891004/30/20 01 LOT 1 KENDALL MARKETPLACE 90-150-00-00-0111197.00INVOICE TOTAL:197.00 *6891304/30/20 01 KENDALL MARKETPLACE-LOT 52 90-154-00-00-01111,238.25INVOICE TOTAL:1,238.25 *6893104/30/20 01 GAS-N-WASH - O'KEEFE90-144-00-00-01114,792.75INVOICE TOTAL:4,792.75 *6893204/30/20 01 132 COMMERCIAL DRIVE-MORTON 90-140-00-00-0111132.2502 BUILDINGS** COMMENT **INVOICE TOTAL:132.25 *6893304/30/20 01 LOT 103 KENDALL MARKETPLACE 90-153-00-00-0111507.25INVOICE TOTAL:507.25 *6893404/30/20 01 BRENART EYE CARE BUILDING 90-155-00-00-01112,063.2502 ADDITION** COMMENT **INVOICE TOTAL:2,063.25 *6893504/30/20 01 POPEYES-LOT 4 MENARDS COMMONS 90-156-00-00-01114,659.75INVOICE TOTAL:4,659.75 *6893604/30/20 01 1602 N BRIDGE STREET90-157-00-00-011137.25INVOICE TOTAL:37.25 *CHECK TOTAL:15,710.02 532819 ESTILUNV EASTERN ILLINOIS UNIVERSITY20-21 DUES05/14/20 01 IL MUNICIPAL TREASURER'S01-120-54-00-546090.0002 ASSOCIATION DUES RENEWAL** COMMENT **INVOICE TOTAL:90.00 *CHECK TOTAL:90.00Page 34 of 41FY 21 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:39:45PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532820 IMPERIAL IMPERIAL SERVICE SYSTEMS, INCMAR 2020 REBATE05/11/20 01 MAR 2020 BUSINESS DIST REBATE 01-000-24-00-24881,809.82INVOICE TOTAL:1,809.82 *CHECK TOTAL:1,809.82 532821 ITRON ITRON55574405/12/20 01 JUNE 2020 HOSTING SERVICES 51-510-54-00-5462624.39INVOICE TOTAL:624.39 *CHECK TOTAL:624.39 532822 KENDCROS KENDALL CROSSING, LLCBD REBATE 03/2005/11/20 01 MAR 2020 BUSINESS DIST REBATE 01-000-24-00-24871,860.01INVOICE TOTAL:1,860.01 *CHECK TOTAL:1,860.01 532823 MENLAND MENARDS - YORKVILLE8268605/04/20 01 TOILET SEAT52-520-56-00-562021.99INVOICE TOTAL:21.99 *8275405/05/20 01 GREASE GUN, BULBS, TROUBLE 52-520-56-00-562048.9602 LIGHT** COMMENT **INVOICE TOTAL:48.96 *8275705/05/20 01 TRIM SPOOL, PLIERS, GLOVES, 01-410-56-00-562841.3302 FUEL LINE COMBO** COMMENT **INVOICE TOTAL:41.33 *82829-2005/06/20 01 BED LINER KIT52-520-56-00-562874.99INVOICE TOTAL:74.99 *Page 35 of 41FY 21 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:39:45PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532823 MENLAND MENARDS - YORKVILLE8284305/06/20 01 SCREWDRIVER51-510-56-00-56303.96INVOICE TOTAL:3.96 *CHECK TOTAL:191.23 532824 METLIFE METLIFE SMALL BUSINESS CENTER05142005/14/20 01 MAY 2020 DENTAL INS01-110-52-00-5223590.7702 MAY 2020 DENTAL INS01-120-52-00-5223383.6703 MAY 2020 DENTAL INS01-210-52-00-52233,308.8404 MAY 2020 DENTAL INS01-220-52-00-5223542.1005 MAY 2020 DENTAL INS01-410-52-00-5223610.2306 MAY 2020 DENTAL INS01-640-52-00-52411,159.6507 MAY 2020 DENTAL INS79-790-52-00-5223809.0308 MAY 2020 DENTAL INS79-795-52-00-5223525.6709 MAY 2020 DENTAL INS51-510-52-00-5223606.4810 MAY 2020 DENTAL INS52-520-52-00-5223418.3911 MAY 2020 DENTAL INS82-820-52-00-5223526.83INVOICE TOTAL:9,481.66 *CHECK TOTAL:9,481.66 532825 MIDWSALT MIDWEST SALTP45171305/11/20 01 BULK ROCK SALT51-510-56-00-56382,523.99INVOICE TOTAL:2,523.99 *CHECK TOTAL:2,523.99 532826 MONTRK MONROE TRUCK EQUIPMENT7748605/04/20 01 SNOWPLOW52-520-60-00-60706,941.00INVOICE TOTAL:6,941.00 *7762505/04/20 01 LIFTGATE52-520-60-00-60704,223.00INVOICE TOTAL:4,223.00 *CHECK TOTAL:11,164.00Page 36 of 41FY 21 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:39:45PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532827 NEOUSA QUADIENT, INC05112005/11/20 01 POSTAGE METER REFILL79-000-14-00-1410500.00INVOICE TOTAL:500.00 *CHECK TOTAL:500.00 532828 OSWEFIRE OSWEGO FIRE PROTECTION DIST.043020-DEV05/15/20 01 FEB-APR 2020 DEVELOPMENT FEES 95-000-24-00-24561,827.00INVOICE TOTAL:1,827.00 *CHECK TOTAL:1,827.00 532829 PRINTSRC LAMBERT PRINT SOURCE, LLC167605/05/20 01 PRESCHOOL GRADUATION SIGNS 79-795-56-00-5606368.00INVOICE TOTAL:368.00 *CHECK TOTAL:368.00 532830 R0001975 RYAN HOMES2072 SQUIRE-B05/14/20 01 CANCELLED PERMIT#20200132 RFND 95-000-24-00-2452850.00INVOICE TOTAL:850.00 *2076 SQUIRE-B05/14/20 01 CANCELLED PERMIT#20200099 RFND 95-000-24-00-2452850.00INVOICE TOTAL:850.00 *2810 SHERIDAN-A05/14/20 01 CANCELLED PERMIT#20190005 RFND 95-000-24-00-2456182.70INVOICE TOTAL:182.70 *383 FONTANA05/04/20 01 SECURITY GUARANTEE REFUND 01-000-24-00-24157,500.00INVOICE TOTAL:7,500.00 *CHECK TOTAL:9,382.70Page 37 of 41FY 21 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:39:45PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------ 532831 R0002288 LENNAR1858 WREN05/11/20 01 SECURITY GUARANTEE REFUND 01-000-24-00-24155,000.00INVOICE TOTAL:5,000.00 *CHECK TOTAL:5,000.00 532832 R0002358 DAN & ALLISON BIKUS04292004/29/20 01 REFUND OVERPAYMENT ON FINAL 01-000-13-00-1371234.3102 BILL FOR ACCT#0101251500-02 ** COMMENT **INVOICE TOTAL:234.31 *CHECK TOTAL:234.31 532833 R0002359 LOUIS MIRANDA04302005/11/20 01 REFUND OVERPAYMENT ON FINAL 01-000-13-00-1371652.8802 BILL FOR ACCT#0102590411-00 ** COMMENT **INVOICE TOTAL:652.88 *CHECK TOTAL:652.88 532834 R0002360 PATRICIA PARIS04302004/30/20 01 REFUND OVERPAYMENT ON FINAL 01-000-13-00-1371224.6402 BILL FOR ACCT#0103443250-01 ** COMMENT **INVOICE TOTAL:224.64 *CHECK TOTAL:224.64D001651 YBSDYORKVILLE BRISTOL2020.00705/14/20 01 MAY 2020 LANDFILL EXPENSE 51-510-54-00-544512,477.50INVOICE TOTAL:12,477.50 *420SF05/08/20 01 APR 2020 SANITARY FEES95-000-24-00-2450264,510.98INVOICE TOTAL:264,510.98 *Page 38 of 41FY 21 01-110 ADMINISTRATION11-111 FOX HILL SSA25-225 PARKS & REC CAPITAL82-820 LIBRARY OPERATIONS01-120 FINANCE12-112 SUNFLOWER ESTATES42-420 DEBT SERVICE84-840 LIBRARY CAPITAL01-210 POLICE15-155 MOTOR FUEL TAX(MFT) 51-510 WATER OPERATIONS87-870 COUNTRYSIDE TIF 01-220 COMMUNITY DEVELOPMENT23-216 MUNICIPAL BUILDING52-520 SEWER OPERATIONS88-880 DOWNTOWN TIF01-410 STREET OPERATIONS23-230 CITY-WIDE CAPITAL72-720 LAND CASH89-890 DOWNTOWN TIF II01-540 HEALTH & SANITATION25-205 POLICE CAPITAL79-790 PARKS DEPARTMENT90-XXX DEVELOPER ESCROW01-640 ADMINISTRATIVE SERVICES25-215 PUBLIC WORKS CAPITAL79-795 RECREATION DEPARTMENT95-XXX ESCROW DEPOSITDATE: 05/19/20UNITED CITY OF YORKVILLETIME: 08:39:45PRE-CHECK RUN EDITID: AP211001.W0WINVOICES DUE ON/BEFORE 05/26/2020CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D001651 YBSDYORKVILLE BRISTOLMAR-APR FEES05/14/20 01 MAR-APR 2020 PERMIT FEES95-000-24-00-24545,600.00INVOICE TOTAL:5,600.00 *DIRECT DEPOSIT TOTAL:282,588.48 532835 YORKSCHO YORKVILLE SCHOOL DIST #115043020-LC05/15/20 01 FEB-APR 2020 LAND CASH95-000-24-00-245335,847.94INVOICE TOTAL:35,847.94 *CHECK TOTAL:35,847.94TOTAL CHECKS PAID:242,518.54TOTAL DEPOSITS PAID:283,357.48TOTAL AMOUNT PAID:525,876.02Page 39 of 41FY 21 REGULAR OVERTIME TOTAL IMRF FICA TOTALSMAYOR & LIQ. COM.908.34$ -$ 908.34$ -$ 69.49$ 977.83$ ALDERMAN3,900.00 - 3,900.00 - 298.35 4,198.35 ADMINISTRATION20,110.09 - 20,110.09 2,246.29 1,483.94 23,840.32 FINANCE11,203.46 - 11,203.46 1,251.42 827.42 13,282.30 POLICE110,184.23 1,450.29 111,634.52 723.73 8,128.25 120,486.50 COMMUNITY DEV.20,119.69 - 20,119.69 2,247.37 1,475.24 23,842.30 STREETS15,930.16 - 15,930.16 1,779.41 1,158.07 18,867.64 WATER16,277.75 176.65 16,454.40 1,837.96 1,196.95 19,489.31 SEWER8,903.12 - 8,903.12 994.47 640.68 10,538.27 PARKS21,009.63 - 21,009.63 2,346.77 1,522.48 24,878.88 RECREATION14,079.90 - 14,079.90 1,511.74 1,034.84 16,626.48 LIBRARY17,194.87 - 17,194.87 1,176.64 1,281.37 19,652.88 TOTALS259,821.24$ 1,626.94$ 261,448.18$ 16,115.80$ 19,117.08$ 296,681.06$ TOTAL PAYROLL296,681.06$ UNITED CITY OF YORKVILLEPAYROLL SUMMARYMay 15, 2020Page 40 of 41 ACCOUNTS PAYABLE DATE FY 20 City MasterCard Bill Register - FY 20 (Pages 1 - 7)05/25/2020 143,983.80$ City Check Register - FY 20 (Pages 8 - 29)05/26/2020 167,357.61 SUB-TOTAL:311,341.41$ FY 21 Manual City Check Register - FY 21 (Page 30)05/12/2020 272,205.98$ City MasterCard Bill Register - FY 21 (Page 31)05/25/2020 2,772.12 City Check Register - FY 21 (Pages 32 - 39)05/26/2020 525,876.02 SUB-TOTAL:800,854.12$ Bi - Weekly (Page 40)05/15/2020 290,464.07$ SUB-TOTAL:290,464.07$ TOTAL DISBURSEMENTS:1,402,659.60$ UNITED CITY OF YORKVILLE BILL LIST SUMMARY Tuesday, May 12, 2020 PAYROLL Page 41 of 41 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Agenda Item Number Mayor’s Report #1 Tracking Number CC 2020-43 Downstate Small Business Stabilization Program Grant City Council – May 26, 2020 Majority Approval Please see attached memo, participation agreement, and resolutions of support. Please refer to the Public Hearing section of the packet for copies of the business applications. Bart Olson Administration Name Department Summary Review and consideration of a second round of participation in the State of Illinois’ Downstate Small Business Stabilization Program on behalf of 8 Yorkville businesses, including resolutions of support for each business. Background This item was last discussed by the City Council at the May 19th special meeting, when the City Council approved a promissory loan document for use of Kendall County revolving loan funds. Before that, the City Council approved downstate grant resolutions for 18 Yorkville businesses at the May 12th meeting. The Downstate Small Business Stabilization Program is a Illinois Department of Commerce and Economic Opportunity (DCEO) program that provides up to $25,000 for small businesses impacted by the pandemic. The program is set up so the City is the middleman of the arrangement. The City is the grant entity, and applies to the state on behalf of each business. If the State approves the City’s and businesses’ grant application, the State sends the grant money to the City. The City then sends the money to the business for use. The requirements of the grant are simple. The business must use half of the funds for payroll and half for working capital, and the business must remain open for 60 days after funding is awarded. The City sought businesses for this grant program through Lynn Dubajic, Economic Development Consultant, and the Yorkville Area Chamber of Commerce. Through their due diligence, we identified around 50 businesses that might be eligible for this grant. Lynn spent a few weeks answering questions about the grant program with businesses and came up with around 2 dozen that were interested in proceeding. Eighteen businesses were able to get their materials into the City before publication of a public notice on May 5th for the public hearing and eventual approval at the May 12th City Council meeting. Eight more businesses were able to get their materials into the City before publication of a second public notice on May 19th for a public hearing at the May 26th City Council meeting. Those eight businesses and their grant requests are: 1) Foot and Ankle Centers $25,000 2) Crusade Burger Bar $25,000 3) Fast Burrito $25,000 4) Ginger and Soul $25,000 Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: May 21, 2020 Subject: Downstate Small Business Stabilization Program 5) Butcher Block 360 $25,000 6) NCG Theaters $25,000 7) Sunfield Restaurant $25,000 8) Taekwondo Korea Center $25,000 TOTAL $200,000 The City Council is required to conduct a public hearing on each of these businesses and then consider a resolution of support for each business. Subsequent to City Council approval of the grant for each business, and prior to sending in the application for the business to the DCEO, the City and the business must co-sign the participation agreement which governs the repayment of funds in the event of grant violation. One example of the participation agreement is included as an attachment to this memo, for reference. This example has been updated since the May 12th City Council meeting, as the City has included terms related to the requirements of the promissory note with Kendall County. The other seven agreements will be identical in terms. In the event the business either uses the grant funds inappropriately, or does not remain open for 60 days, the City is responsible for paying the state back the equivalent of the grant funds sent to the business. The City will have $400,000 in revolving loan funds to use for this purpose, per the promissory loan document approved at the May 19th special City Council meeting. If the City uses Kendall County revolving loan funds for repaying a downstate grant, then Kendall County will be allowed to litigate against the business to recover the funds. The staff acknowledges that the total amount of the grants for the first round of businesses ($436,644) and this second round of businesses ($200,000) is greater than the amount of Kendall County revolving loan funds available to the City ($400,000). Staff does not feel this will be a practical issue, as we anticipate that only a handful of the City’s grant applications will be approved by the state and that the grant program has very easy grant guidelines. Nonetheless, by approving resolutions of support for an additional $200,000 worth of grants and having only $400,000 in County funds available, there is a scenario (however unlikely) where the City is at risk for the difference. Further, the City expects to receive applications from three more businesses for a June 9th public hearing. All of those applications would be above and beyond the County’s funds. To reiterate, even if the City sends in ~30 applications, we think it is unlikely more than 5 or so will be approved by the State given the amount of applications to be received statewide compared to the $20m in available funding. Recommendation Staff recommends approval of the resolution of support for all 8 grant applications. Finally, while the City Council typically does not vote on items the same night as a public hearing per the Procedural Ordinance (attached), we do feel that it would be beneficial to get the applications and businesses approved at the May 26th City Council meeting. PARTICIPATION AGREEMENT THIS AGREEMENT is made as of the ___ day of May, 2020 by and between the City of Yorkville and _____________________________________, (Benefiting “Business”). WHEREAS, the Unit of Local Government is interested in maintaining its economic base with the primary emphasis on retaining jobs. WHEREAS, the Unit of Local Government has entered into an agreement with the Illinois Department of Commerce and Economic Opportunity to implement an economic development program that significantly impacts upon the Unit of Local Government's economic base; and WHEREAS, the Business is interested in maintaining its employment base; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: I. GENERAL DEFINITIONS 1.1 "Application" shall mean all materials submitted by the Business to the Unit of Local Government or the State of Illinois in connection with this Agreement. 1.2 "DCEO Funds" shall mean the sum of $25,000.00 representing the grant received by the Unit of Local Government pursuant to its agreement with the Illinois Department of Commerce and Economic Opportunity (DCEO). II. PERFORMANCE 2.1 The Unit of Local Government agrees, subject to the terms and conditions of this Agreement, to provide grant funds to the Business for the purpose of working capital. 2.2 Grant funds shall be paid with Community Development Block Grant funds through DCEO. 2.3 Business must remain open or reopen and retain or re-employ permanent jobs prior to the grant end date (one year from grant award). 2.4 In the event the Unit of Local Government fails to receive the DCEO funds, for any reason, this Agreement shall be terminated, at the sole option of the Unit of Local Government, without fault as to either party. III. COVENANTS, REPRESENTATIONS AND WARRANTIES OF THE BUSINESS United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us 3.1 On or prior to the date of this Agreement, all legal matters incident to this Agreement and the transactions contemplated hereby shall be satisfactory to the Unit of Local Government. 3.2 Business represents and warrants that: (a) Business is a sole proprietorship, corporation or partnership, as the case may be, duly formed, validly existing and in good standing under the laws of Illinois, is duly licensed and duly qualified as a foreign corporation or partnership, as the case may be, in good standing in all the jurisdictions in which the character of the property owned or leased or the nature of the business conducted by it requires such licensing or qualification and has all proprietorship, corporate or partnership powers, as the case may be, and all material governmental licenses, authorizations, consents and approvals required to carry on its business as now conducted. (b) The execution, delivery and performance by Business of this Agreement, are within Business's proprietorship, corporate or partnership powers, have been duly authorized by all necessary proprietorship, corporate or partnership action, require no action by or in respect of, or filing with, any governmental body, agency or official and do not contravene any provision of applicable law or regulation or of the Articles of Incorporation or By-Laws or Partnership Agreement of Business, as the case may be. (c) This Agreement constitutes a valid and binding agreement of Business. (d) The Application is in all respects true and accurate and there are no omissions or other facts or circumstances which may be material to this Agreement or the Project. (e) The financial information delivered to Unit of Local Government pursuant to the Application fully and accurately present the financial condition of the Business. No material adverse change in the condition, financial or otherwise, of Business has occurred since the date of the financial statements most recently delivered to the Unit of Local Government. (f) Neither Business nor, to the best of Business's knowledge, any of Business's employees have been convicted of bribing or attempting to bribe an officer or employee of the Unit of Local Government, nor has the Business made an admission of guilt of such conduct which is a matter of record. 3.3 The Business shall keep detailed records of all matters related to this Agreement (including the Exhibits hereto). The Business shall provide to the Unit of Local Government all materials necessary for the Unit of Local Government to meet reporting and other requirements of this grant. 3.4 The Business shall comply with all applicable state and federal law and regulations promulgated thereunder. Business shall comply with all applicable laws and regulations prohibiting discrimination on the basis of race, sex, religion, national origin, age or handicap, including but not limited to the Illinois Human Rights Act, as now or hereafter amended, and the Equal Employment Opportunity Clause promulgated pursuant thereto. 3.5 Business shall fully and completely indemnify, defend and hold harmless the Unit of Local Government and the State of Illinois and their officers, directors, employees and agents against any liability, judgment, loss, cost, claim, damage (including consequential damage) or expense (including attorney's fees and disbursements, settlement costs, consultant fees, investigation and laboratory fees) to which any of them may become subject insofar as they may arise out of or are based upon this Agreement or any agreement or document executed by Business and Unit of Local Government as part of the transaction described herein. 3.6 The Unit of Local Government shall have the right of access, at all reasonable hours, to Business's premises and books and records for purpose of determining compliance with this Agreement. In addition to the reporting specifically required hereunder, Business shall furnish to the Unit of Local Government such information as the Unit of Local Government may reasonably request with respect to this Agreement. IV. DEFAULT AND REMEDIES 4.1 If one or more of the following events ("Defaults") occurs and is not timely cured, then, the Unit of Local Government may declare Business in default under this Agreement and seek any of the enumerated remedies described in this Section. (a) Business fails to observe or perform any covenant or agreement contained in this Agreement, including the Exhibits hereto, for 10 days after written notice to cure thereof has been given to Business by the Unit of Local Government; (b) Any representation, warranty, certificate or statement made by Business in this Agreement, including the Exhibits hereto, or in any certificate, report, financial statement or other document delivered pursuant to this Agreement shall prove to have been incorrect when made in any material respect; (c) Business shall commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any substantial part of its property, or shall consent to any such relief or to the appointment of or taking possession by any such official in an involuntary case or other proceeding commenced against it, or shall make a general assignment for the benefit of creditors, or shall fail generally to pay its debts as they become due, or shall take any corporate action to authorize any of the foregoing; (d) An involuntary case or other proceeding shall be commenced against Business seeking liquidation, reorganization or other relief with respect to it or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any substantial part of its property, and such involuntary case or other proceedings shall remain undismissed and unstayed for a period of 60 days; or an order for relief shall be entered against Business under the federal bankruptcy laws as now or hereafter in effect; (e) Business ceases the conduct of active trade or business in the Unit of Local Government's community for any reason, including, but not limited to, fire or other casualty; and does not reopen prior to the end date of the grant agreement. 4.2 If a Default occurs and is not timely cured, then the Unit of Local Government shall seek reimbursement from the Business for all funds (including DCEO funds) expended by the Unit of Local Government on or related to the Project, including, but not limited to working capital, equipment, architectural engineering, construction, administrative, real estate and incidental costs related thereto. 4.3 Upon notice of a Default and if said Default is not timely cured, the Unit of Local Government shall notify the Business that reimbursement shall be made to the Unit of Local Government within 30 days after said notice. If the Business fails to reimburse the Unit of Local Government within 30 days after the date of the notice, the Unit of Local Government shall have the right to collect interest on the unpaid balance beginning on the 31st day after notice at a rate equal to 12% per annum. 4.4 If the Unit of Local Government is successful in any proceeding to enforce the terms of this Agreement, then the Unit of Local Government shall have the right to obtain from the Business, as an additional remedy, attorney fees, costs and expenses, related to the proceeding. V. TERMINATION 5.1 This Agreement may be terminated at any time by written, mutual agreement of the parties, provided the Unit of Local Government has obtained written consent from the Illinois Department of Commerce and Economic Opportunity as to such termination. 5.2 This Agreement may be terminated by the Unit of Local Government whenever it issues a notice of Default to the Business and the Business does not timely cure the Default pursuant to Section IV. 5.3 This Agreement will terminate when the Project has been completed and when all of the terms and conditions of this Agreement (including the Exhibits thereto) creating duties upon the Business, have been satisfied by the Business. VI. ASSIGNMENT The Unit of Local Government has the right to assign all of its rights and obligations under this Agreement including the right to enforce its terms and to seek any and all remedies available to it pursuant to this Agreement in the event of default by the Benefitting Business. The Benefitting Business acknowledges the right of the Unit of Local Government to make such assignment of this Agreement at any time the Unit of Local Government has any right or duty hereunder. VII. GENERAL PROVISIONS 7.1 Notice required hereunder shall be in writing and shall be deemed to have validly served, given or delivered upon deposit in the United States mail, by registered mail, return receipt requested, at the address set forth on the signature page hereof or to such other address as each party may specify for itself by like notice. 7.2 All covenants, agreements, representations and warranties made herein and, in the certificates, delivered pursuant hereto shall survive the execution of the Agreement and shall continue in full force and effect so long as the Agreement shall be in force. 7.3 No failure or delay by the Unit of Local Government in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law. 7.4 Wherever possible each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision shall be invalid under applicable law, such provision shall be ineffective to the extent of such invalidity without invalidating the remaining provisions of this Agreement. 7.5 This Agreement represents the full and complete agreement between the parties with respect to the matters addressed herein and there are no oral agreements or understandings between the parties. 7.6 This Agreement shall be construed in accordance with and governed by the law of the State of Illinois. 7.7 This Agreement may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. 7.8 No modification of or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the parties hereto, and provided further, that the Unit of Local Government shall obtain written consent of the Illinois Department of Commerce and Economic Opportunity prior to executing any such modification or waiver. 7.9 The Business certifies that it has not been barred from bidding on or receiving State contracts as a result of a violation of Section 33E-3 or 33E-4 of the Criminal Code of 1961 (bid rigging or bid rotating, respectively) (720 ILCS 5/33E-3 and 5/33-4). 7.10 The Business certifies that it has not been barred from being awarded a contract or subcontract under Section 50-5 of the Illinois Procurement (Code 30 ILCS 500). 7.11 The Business acknowledges that receipt of benefits under this agreement may require compliance with the Prevailing Wage Act (820 ILCS 130). Persons willfully failing to comply with or violating this act may be in violation of the Criminal Code. Questions concerning compliance with the Prevailing Wage Act should be directed to the Illinois Department of Labor. 7.12 The Unit of Local Government acknowledges that if the project as proposed by this Agreement is completed in accordance with this Agreement and the Agreement executed between the Unit of Local Government and the Department of Commerce and Economic Opportunity then the provisions cited above in 6.9; 6.10; and 6.11 do not apply to the Business but do apply to the activities to be completed by the Unit of Local Government. IN WITNESS WHEREOF, the parties executed this Agreement the day and year first above written. (Business Name) By: (Name of Officer) Its: President By: Honorable John Purcell Its: Mayor Address: Address: 800 Game Farm Road, Yorkville, IL 60560 Resolution No. 2020-____ Page 1 Resolution No. 2020-_____ RESOLUTION OF SUPPORT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the City is applying to the State of Illinois for a Community Development Block Grant Program grant on behalf of Centers for Foot and Ankle Surgery Ltd. DBA Foot and Ankle Centers, 654 W Veterans Parkway, Suite D, Yorkville, IL (the “Local Business”), and WHEREAS, it is necessary that an application be made by the City on behalf of the Local Business, and agreements entered with the State of Illinois. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the City apply for a grant on behalf of the Local Business under the terms and conditions of the State of Illinois and shall enter in to and agree to the understandings and assurances contained in said application. Section 2. That the Mayor and City Clerk on behalf of the City execute such documents and all other documents necessary for the carrying out of said application. Section 3. That the Mayor and City Clerk are authorized to provide such additional information as may be required to accomplish the obtaining of such grant. Section 4. Each section, clause, and provision of this Resolution shall be considered as separable, and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses, or provisions of this Resolution Section 5. That this resolution shall be in full force and effect upon its passage and approval as provided by law. Resolution No. 2020-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ JACKIE MILSCHEWSKI _________ ARDEN JOE PLOCHER _________ CHRIS FUNKHOUSER _________ JOEL FRIEDERS _________ SEAVER TARULIS _________ JASON PETERSON _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Resolution No. 2020-____ Page 1 Resolution No. 2020-_____ RESOLUTION OF SUPPORT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the City is applying to the State of Illinois for a Community Development Block Grant Program grant on behalf of Crusade Burger Bar LLC, 209 S. Bridge Street, Yorkville, IL (the “Local Business”), and WHEREAS, it is necessary that an application be made by the City on behalf of the Local Business, and agreements entered with the State of Illinois. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the City apply for a grant on behalf of the Local Business under the terms and conditions of the State of Illinois and shall enter in to and agree to the understandings and assurances contained in said application. Section 2. That the Mayor and City Clerk on behalf of the City execute such documents and all other documents necessary for the carrying out of said application. Section 3. That the Mayor and City Clerk are authorized to provide such additional information as may be required to accomplish the obtaining of such grant. Section 4. Each section, clause, and provision of this Resolution shall be considered as separable, and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses, or provisions of this Resolution Section 5. That this resolution shall be in full force and effect upon its passage and approval as provided by law. Resolution No. 2020-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ JACKIE MILSCHEWSKI _________ ARDEN JOE PLOCHER _________ CHRIS FUNKHOUSER _________ JOEL FRIEDERS _________ SEAVER TARULIS _________ JASON PETERSON _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Resolution No. 2020-____ Page 1 Resolution No. 2020-_____ RESOLUTION OF SUPPORT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the City is applying to the State of Illinois for a Community Development Block Grant Program grant on behalf of Fast Burrito, Inc., 1214 N. Bridge Street, Yorkville, IL (the “Local Business”), and WHEREAS, it is necessary that an application be made by the City on behalf of the Local Business, and agreements entered with the State of Illinois. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the City apply for a grant on behalf of the Local Business under the terms and conditions of the State of Illinois and shall enter in to and agree to the understandings and assurances contained in said application. Section 2. That the Mayor and City Clerk on behalf of the City execute such documents and all other documents necessary for the carrying out of said application. Section 3. That the Mayor and City Clerk are authorized to provide such additional information as may be required to accomplish the obtaining of such grant. Section 4. Each section, clause, and provision of this Resolution shall be considered as separable, and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses, or provisions of this Resolution Section 5. That this resolution shall be in full force and effect upon its passage and approval as provided by law. Resolution No. 2020-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ JACKIE MILSCHEWSKI _________ ARDEN JOE PLOCHER _________ CHRIS FUNKHOUSER _________ JOEL FRIEDERS _________ SEAVER TARULIS _________ JASON PETERSON _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Resolution No. 2020-____ Page 1 Resolution No. 2020-_____ RESOLUTION OF SUPPORT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the City is applying to the State of Illinois for a Community Development Block Grant Program grant on behalf of Ginger and Soul Inc., 131 E. Hydraulic, Yorkville, IL (the “Local Business”), and WHEREAS, it is necessary that an application be made by the City on behalf of the Local Business, and agreements entered with the State of Illinois. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the City apply for a grant on behalf of the Local Business under the terms and conditions of the State of Illinois and shall enter in to and agree to the understandings and assurances contained in said application. Section 2. That the Mayor and City Clerk on behalf of the City execute such documents and all other documents necessary for the carrying out of said application. Section 3. That the Mayor and City Clerk are authorized to provide such additional information as may be required to accomplish the obtaining of such grant. Section 4. Each section, clause, and provision of this Resolution shall be considered as separable, and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses, or provisions of this Resolution Section 5. That this resolution shall be in full force and effect upon its passage and approval as provided by law. Resolution No. 2020-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ JACKIE MILSCHEWSKI _________ ARDEN JOE PLOCHER _________ CHRIS FUNKHOUSER _________ JOEL FRIEDERS _________ SEAVER TARULIS _________ JASON PETERSON _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Resolution No. 2020-____ Page 1 Resolution No. 2020-_____ RESOLUTION OF SUPPORT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the City is applying to the State of Illinois for a Community Development Block Grant Program grant on behalf of HNM Corporation, 227 Heustis Street, Yorkville, IL (the “Local Business”), and WHEREAS, it is necessary that an application be made by the City on behalf of the Local Business, and agreements entered with the State of Illinois. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the City apply for a grant on behalf of the Local Business under the terms and conditions of the State of Illinois and shall enter in to and agree to the understandings and assurances contained in said application. Section 2. That the Mayor and City Clerk on behalf of the City execute such documents and all other documents necessary for the carrying out of said application. Section 3. That the Mayor and City Clerk are authorized to provide such additional information as may be required to accomplish the obtaining of such grant. Section 4. Each section, clause, and provision of this Resolution shall be considered as separable, and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses, or provisions of this Resolution Section 5. That this resolution shall be in full force and effect upon its passage and approval as provided by law. Resolution No. 2020-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ JACKIE MILSCHEWSKI _________ ARDEN JOE PLOCHER _________ CHRIS FUNKHOUSER _________ JOEL FRIEDERS _________ SEAVER TARULIS _________ JASON PETERSON _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Resolution No. 2020-____ Page 1 Resolution No. 2020-_____ RESOLUTION OF SUPPORT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the City is applying to the State of Illinois for a Community Development Block Grant Program grant on behalf of NCG Yorkville Inc., 1505 N. Bridge Street, Yorkville, IL (the “Local Business”), and WHEREAS, it is necessary that an application be made by the City on behalf of the Local Business, and agreements entered with the State of Illinois. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the City apply for a grant on behalf of the Local Business under the terms and conditions of the State of Illinois and shall enter in to and agree to the understandings and assurances contained in said application. Section 2. That the Mayor and City Clerk on behalf of the City execute such documents and all other documents necessary for the carrying out of said application. Section 3. That the Mayor and City Clerk are authorized to provide such additional information as may be required to accomplish the obtaining of such grant. Section 4. Each section, clause, and provision of this Resolution shall be considered as separable, and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses, or provisions of this Resolution Section 5. That this resolution shall be in full force and effect upon its passage and approval as provided by law. Resolution No. 2020-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ JACKIE MILSCHEWSKI _________ ARDEN JOE PLOCHER _________ CHRIS FUNKHOUSER _________ JOEL FRIEDERS _________ SEAVER TARULIS _________ JASON PETERSON _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Resolution No. 2020-____ Page 1 Resolution No. 2020-_____ RESOLUTION OF SUPPORT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the City is applying to the State of Illinois for a Community Development Block Grant Program grant on behalf of NDB Enterprises, Inc. DBA Sunfield Restaurant, 382 E. Veterans Parkway, Yorkville, IL (the “Local Business”), and WHEREAS, it is necessary that an application be made by the City on behalf of the Local Business, and agreements entered with the State of Illinois. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the City apply for a grant on behalf of the Local Business under the terms and conditions of the State of Illinois and shall enter in to and agree to the understandings and assurances contained in said application. Section 2. That the Mayor and City Clerk on behalf of the City execute such documents and all other documents necessary for the carrying out of said application. Section 3. That the Mayor and City Clerk are authorized to provide such additional information as may be required to accomplish the obtaining of such grant. Section 4. Each section, clause, and provision of this Resolution shall be considered as separable, and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses, or provisions of this Resolution Section 5. That this resolution shall be in full force and effect upon its passage and approval as provided by law. Resolution No. 2020-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ JACKIE MILSCHEWSKI _________ ARDEN JOE PLOCHER _________ CHRIS FUNKHOUSER _________ JOEL FRIEDERS _________ SEAVER TARULIS _________ JASON PETERSON _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Resolution No. 2020-____ Page 1 Resolution No. 2020-_____ RESOLUTION OF SUPPORT FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GRANT WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the City is applying to the State of Illinois for a Community Development Block Grant Program grant on behalf of Taekwondo Korea Center Inc., 482 E. Veterans Parkway, Yorkville, IL (the “Local Business”), and WHEREAS, it is necessary that an application be made by the City on behalf of the Local Business, and agreements entered with the State of Illinois. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the City apply for a grant on behalf of the Local Business under the terms and conditions of the State of Illinois and shall enter in to and agree to the understandings and assurances contained in said application. Section 2. That the Mayor and City Clerk on behalf of the City execute such documents and all other documents necessary for the carrying out of said application. Section 3. That the Mayor and City Clerk are authorized to provide such additional information as may be required to accomplish the obtaining of such grant. Section 4. Each section, clause, and provision of this Resolution shall be considered as separable, and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses, or provisions of this Resolution Section 5. That this resolution shall be in full force and effect upon its passage and approval as provided by law. Resolution No. 2020-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ JACKIE MILSCHEWSKI _________ ARDEN JOE PLOCHER _________ CHRIS FUNKHOUSER _________ JOEL FRIEDERS _________ SEAVER TARULIS _________ JASON PETERSON _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #2 Tracking Number CC 2020-44 Skid steer trade in and purchase of new model City Council – May 26, 2020 Positive Approval Proposed trade in and purchase of a new skid steer Eric Dhuse Public Works Name Department Summary Proposed trade in of a skid steer and purchase of new model. Background In the early 2000’s, Bobcat (our brand of skid steer) had a municipal lease program that was unbelievable. Once you purchased a new skid steer, you could trade it in and pay approximately $4200 per year to receive a brand-new model. This worked out great for us since we use the machine so much and usually must buy a new set of tires per year which is $1200 or so. We took advantage of this program for many years until 2007 when the recession essentially ended the program. We were able to work with Bobcat to complete one final transaction in August of 2011 which is when we received our current unit. We had to pay approximately $6300 for this transaction, since more time had passed, and our machine was older and worth less money. Instead of the lease program, Bobcat now gives steep discounts to Municipalities. Our unit was quoted at $51,507, if we were to be a person off the street, a fair price for this unit would be approximately $63,800. Since we received the unit in 2011, we have been using the same unit relentlessly for almost 9 years. In 2015, we purchased an additional skid steer to help alleviate the overuse of our single unit. The unit we purchased was smaller and on tracks instead of tires. This unit is used primarily for grading or other work in the dirt because the tracks are much more forgiving and apply less ground pressure than tires. Our smaller unit cannot run any of our attachments due to the size difference and brand difference. The additional unit has enabled us to keep our other unit this long by taking some of the load off, yet we still use the large unit almost every day. Our main skid steer, which we are looking to replace, is a 2011 Bobcat S750 with ~2600 hours on the unit. We use this unit almost daily for a variety of tasks including: Brush pick up, leaf pick up, parkway tree replacement program, sidewalk removal and replacement, landscaping, loading trucks, snow removal, water main breaks, stump grinding, road grading, and just about any other task you can think of. We have purchased a snow plow box, stump grinder, jack hammer, stump grinder, and grader attachment for this skid steer to assist us in becoming more efficient in our work. Unfortunately, our machine is worn out. Although 2600 hours on a machine of our age is not out of the ordinary, our type of use is. When you put on attachments like the jack hammer and stump grinder, they are very hard on the hydraulic system and the machine in general. The constant pounding at full throttle tends to shorten the lifespan of any equipment, by placing strain on all parts of the machine. When we factor in that we must drive this on the street for miles at a Memorandum To: Mayor and City Council From: Eric Dhuse, Director of Public Works CC: Bart Olson, Administrator Date: May 18, 2020 Subject: Skid Steer Purchase time while performing brush pick up or leaf pick up, we increase the overall wear and tear on the machine. Although these machines are built tough, they are meant to be used on a jobsite to load, move, grade, etc., then taken to the next job. We use our machine as a skid steer, utility tractor, loader, road grader, street sweeper and snow remover which has led to the accelerated aging and problems with this machine. We use our machine approximately 300 hours per year. On the surface this may not seem like an extraordinary amount of use, but it averages out to just over an hour of use every day that we work. The only other pieces of machinery in our entire fleet that get that kind of use are our mowers and our pickup trucks. Our mowers are already past their useful life after 5 years and trying to compare vehicle hours to skid steer hours is unfair. In order to make it fairer, we would have to run the vehicle throttle wide open, drive it on rough terrain, and put a jackhammer attachment on the front of it. Our machine is at the point where the repair technicians have told us that it is on its last legs. They tell us they will keep repairing what we can, but there will be a time when the repair estimate will be so astronomical that it won’t make sense to repair the machine. Even though we perform all preventative, routine maintenance, and emergency repairs our machine is at a point in its life where it is costing us more to keep it than it is worth. Since 2015, we have spent $22,763 in repairs or $4552 per year average for all maintenance except tire replacement. The price of a new unit was quoted at $49,907 minus our trade in value of $17,000 for a total cash outlay of $32,907. Although this is a large sum of money, it is a great price for a new skid steer. With the purchase of the optional 5-year warranty ($1600), we will only have to pay for the routine maintenance and any wear items. I estimate this cost to be in the $500 per year range instead of the $4500 per year we are averaging now. Over a 5-year period, it equates to $2500 for routine maintenance, or $22,500 with what we are averaging now for repairs. With a new machine, I do not think we will spend that much, but for $1600 up front we won’t have to spend any later. Recommendation I recommend that we approve the trade in of our Bobcat S750 Skid steer S/N A3P212065 for $17,000 and approve the purchase of a new Bobcat S76 Skid steer for $51,507 from Atlas Bobcat or Elk Grove Village, Il through the Sourcewell contract 040319-CEC. This results in a net cost of $34,507. There is currently $85,000 budgeted in the PW Capital fund for this purchase, this unit would be a savings of ~$50,000. The savings is due to using a retail estimate of cost without knowing they had such a deep municipal discount, and the possibility of getting an attachment with the unit. I would ask that this be placed on the May 26, 2020 City Council meeting under the Mayor’s report. If you have questions, please let me know. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #3 Tracking Number CC 2020-45 Ordinance Approving Outdoor Restaurant Sales & Liquor Servicing During the Pandemic City Council – May 26, 2020 Majority Approval Please see attached. Bart Olson Administration Name Department Summary Approval of an ordinance granting staff and the Mayor authority to authorize outdoor dining and liquor consumption at the start of Phase 3 Restore Illinois plan. Background On Wednesday, May 20th, Governor Pritzker announced that restrictions would be relaxed on outdoor dining and alcohol consumption for restaurants and bars throughout Illinois, starting with the presumed move of the entire state into Phase 3 of his Restore Illinois Plan on May 29th. While it doesn’t appear that the exact health and safety guidelines (i.e. wear a mask when serving, only use disposable plates, etc) have been released by the Governor, we felt it prudent to draft some City code amendments to help speed along the process for Yorkville businesses while still giving the City and the Fire Protection District some oversight of layouts, traffic patterns, operations, and parking capacity. Exact internal proposals are still being drafted by staff, but we hope to have some simple guidelines available for verbal presentation at the May 26th City Council meeting. Primarily, we are concerned about making sure tables and pedestrian areas are in places that will not result in vehicle/pedestrian conflicts and that the locations of outdoor dining and alcohol consumption are in accordance with good practices to be put forth by the Police, Community Development, Public Works, and Fire Protection District. Secondarily, we want to have some oversight of the process so we can properly allocate City owned/controlled tables, barricades, portalets, hand washing stations, and other equipment by the businesses, and so we can broker discussions on lease/use of properties between property owners if there are parking conflicts at the business. Finally, our goal is to get a nice map and list of all Yorkville restaurants and bars that are hosting outdoor seating and getting a GIS-map on our website for public use. In the meantime, Attorney Orr suggested we put the attached ordinance into effect through City Council vote. In general, the ordinance says that the area for service has to be owned or controlled by the bar or restaurant, that the outdoor seating can’t interfere with other businesses or be unsafe, that the area must be maintained by the business, and that the business owner has to have adequate insurance coverage over the outdoor seating area with the City being named as additional insured. All of the above would be reviewed by City staff before May 29th and authorized for start on May 29th (subject to state regulations and orders). As a side issue, in the event that the City has to allow a business to use a parking space, City property, or park for outdoor seating, the Mayor has the authority to grant the business a license agreement. A preliminary review of all known bars and restaurants in town shows that most will have adequate space within their own property or neighboring properties, except for the downtown businesses. For the east alley businesses, we are tentatively looking at utilization of a portion of the Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: May 21, 2020 Subject: Outdoor dining and liquor consumption City’s east alley parking lot by Rowdy’s, the Law Office, and Paradise Cove. We have spoken with Imperial Investments about utilization of their FS property as a temporary public parking lot, and they are reviewing our request. In the Riverfront area, Foxy’s will have a couple picnic tables in front of their building in their normal area of operations. Ginger and Soul has requested a couple tables in the City’s parking lot, and we are looking to accommodate them. In the west alley, Crusade, Parma, and Bella Donna are looking to utilize their existing patio and parking areas, but Bella Donna would like to put some tables up in the parking spots on West Van Emmon Street, similar to what we proposed during our parklet discussions a year or so ago. We are looking to accommodate Bella Donna’s request. Recommendation Staff recommends approval of the attached ordinance. Ordinance No. 2020-____ Page 1 Ordinance No. 2020-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING OUTDOOR RESTAURANT SALES AND LIQUOR SERVICING DURING THE PANDEMIC WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, on March 11, 2020 the World Health Organization characterized the COVID-19 outbreak as a pandemic; and. WHEREAS, J.B. Pritzker, Governor of the State of Illinois (the “Governor”), declared all counties in the State of Illinois as a disaster area on March 9, 2020 in response to the outbreak of COVID-19 in Illinois and on March 16, 2020 issued Executive Orders which closed all schools, governmental offices, non-essential businesses, and ordered all Illinois residents to stay at home, which orders have been extended to May 29, 2020; and WHEREAS, the Governor has recently issued a five-phase plan to reopen the state (“Restore Illinois”), guided by health metrics with distinct business, education, and recreation activities being expanded in each phase; and WHEREAS, the Governor has now issued an order that as of May 29, 2020, the state shall enter phase three of Restore Illinois permitting manufacturing, offices, retail, barbershops and salons to be reopened to the public with capacity limits and other safety precautions providing that gatherings shall be of ten or fewer people and face coverings and social distancing continue; and WHEREAS, bars and restaurants which can also be reopened with outdoor seating commencing May 29, 2020; and WHEREAS, the City currently has numerous restaurants which do not serve liquor; licenses seventeen bars and restaurants to serve liquor both indoor and outdoor; and, licenses fifteen bars and restaurants which can only serve liquor indoors ; and WHEREAS, the Mayor and City Council believe it to be in the best interests of City bars and restaurants to permit to provide outdoor service including all liquor license holders now licensed for “on premise” consumption pursuant to the Yorkville Municipal Code pursuant to the limitations and within specified areas as hereinafter provided.; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Ordinance No. 2020-____ Page 2 Section 1. All restaurants within the City and all holders of an A-1, BG, BH, C, R-1, R-2 and S class liquor license shall be permitted to provide service in any outdoor area subject to the following: a) The area where service shall be provided shall be owned, leased, or licensed to the licensee; b) The licensee must provide measures not to interfere with the operations of adjacent business and provide for the safety of its customers; c) The area to be used must be approved by the City Administrator or his designee; d) The area must be maintained at all times; and e) The restaurant owner must procure general liability insurance for any food service provided out of doors, and holder of a liquor license must have procured general liability insurance and liquor liability insurance to provide service in an outdoor venue and if any outdoor area which is owned by the City is used for outdoor food service or by the holder of liquor licenses, such insurance must name the City as additional insured. Section 2. The Mayor is hereby authorized to grant a license for the use of any City owned property to a restaurant or any holders of the class of liquor licenses as specified above, but only to the extent the public property is not required by the City for its use or the use of the public. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law and shall sunset on December 31, 2020. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ______ day of __________________, 2020. ___________________________ City Clerk KEN KOCH ________ DAN TRANSIER ________ JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ JASON PETERSON ________ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ______ day of __________________, 2020. ______________________________ Mayor Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #4 Tracking Number CC 2020-46 City Administrator Employment Agreement City Council – May 26, 2020 Majority Approval Please see attached. Mayor John Purcell Name Department 1 EMPLOYMENT AGREEMENT This agreement ("Agreement") is made and entered into this ____ day of ________, 2020 (the "Effective Date"), by and between the United City of Yorkville, Illinois, a non-home rule municipal corporation (the "City"), and Bart Olson of Downers Grove, Illinois (the "Employee"). WITNESSETH: WHEREAS, the Mayor of the City, with the advice and consent of the City Council, has determined to employ the services of Employee in the position of "City Administrator"; WHEREAS, it is the desire of the Mayor and City Council (the "Council") to provide certain benefits to establish certain conditions of employment, and to set the working conditions of Employee; and WHEREAS, Employee desires to accept employment as City Administrator of the City under the terms presented herein; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: SECTION 1: EMPLOYMENT AND DUTIES 1.1 The City agrees to employ and Employee agrees to be employed, on a full-time basis, and devote such additional time and service as necessary to perform all professional services and undertake the responsibilities and duties of City Administrator to fully administer the operation of the City and undertake those other duties and responsibilities as are set forth in City Code, Section 1-6D and as the Mayor and/or Council may, from time to time, require. Employee's duties and responsibilities shall include, but not be limited to: (a) Be responsible to respond to and advise the Mmayor and aldermen on issues affecting any and all aspects of the City to the best of his ability and competence; (b) Advise and consult with City officers and officials; (c) Advise and consult with the Mayor regarding hiring, assignment, and promotion of employees and; upon approval of the Mayor, terminate, furlough or lay-off employees in departments that report to the City Administrator. (d) Attend all regular and special meetings of the Council, and any Council committee, and sub-committee and boards and commission meetings and hearings as assigned; and attend specific other meetings and bearings at the request of either the Mayor or Council; (e) Keep the Mayor and Council apprised of the status of major projects and activities; subject to applicable State and City laws concerning appropriations, public notices and competitive bidding, Employee shall have the authority to execute on behalf of the City any contracts for goods, materials, services, constructions or improvements authorized by the Council; Red-lined version 2 (f) During Employee's employment with the City, the Employee will not directly or indirectly become affiliated, employed or in any way enter into a contractual relationship for compensated services of any type or character, other than teaching or consulting, without the approval of the Council. SECTION 2: TERM 2.1 The term of this Agreement shall commence upon the execution of the Agreement by both parties and will terminate on May 28, 2021 November 29, 2019 (the "Term"). Employee agrees to remain in the exclusive employ of the City during the Term and, except as provided in Section 1.1(f) of this Agreement until said termination date. 2.2. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Mayor to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3.1 of this Agreement. 2.3 Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with the City, subject only to the provision set forth in Section 3.2 of this Agreement. SECTION 3: TERMINATION AND SEVERANCE PAY 3.1 Employee's employment with the City may be terminated by the Mayor at any time (including prior to the expiration of the Term), as provided in 65 ILCS 5/3.1-35-10, in which case this Agreement shall automatically terminate, subject to the following: (a) In the event of a breach of any of the terms or conditions hereof by Employee, employee's employment and this Agreement may be terminated for cause. For purposes of this Agreement, "cause" is further defined as (i) a conviction by any court of competent jurisdiction of a felony, or a Class A or B misdemeanor, (ii) a violation of state statutes or City ordinances, relating to the duties of the City Administrator, or (iii) Employee's failure to follow the official lawful directions of the Mayor, or (iv) Employee’s failure to follow policies as established by the Mayor or Council. If Employee is discharged for cause, Employee shall only receive as compensation the monetary equivalent to Employee's accrued vacation, sick, and personal time and accrued salary to date of termination. Employee shall not be entitled to any Severance Payment (as defined below) if terminated for cause; or (b) The City may terminate Employee's employment and this Agreement without cause during the Term, in which case Employee shall receive, in lieu of any and all other forms or claims for compensation or remuneration, a total severance payment (the "Severance Payment") equal to the monetary equivalent of twenty (20) weeks base salary plus benefits, in addition to any unpaid accrued salary, vacation, personal and sick days. 3.2 If Employee voluntarily resigns, Employee shall only receive compensation for the monetary equivalent of Employee's unpaid accrued base salary to the effective date of resignation, together with accrued but unused vacation, and sick days, as governed by the appropriate sections of the Employee Manual as are in effect at date of resignation. In the event Employee voluntarily resigns Employee's position with the City before expiration of the Term, then Employee shall give the City sixty (60) days notice in advance if Employee has taken a position as a City Administrator in another 3 community, otherwise Employee shall give the City thirty (30) days notice in advance, unless the parties otherwise agree. Notwithstanding the foregoing notices, the City may, at its election, continue to employ Employee during the applicable notice period or request that Employee leave the City's employment immediately or at any time during the applicable notice period. In the event the City elects to terminate Employee's employment immediately, Employee's salary, vacation, personal and sick days will continue to accrue until the end of the applicable notice period. Unless otherwise agreed upon by the parties, Employee shall not be entitled to any Severance Payment if Employee resigns. 3.3 lf this Agreement is not renewed by the City upon expiration of the Term, provided (i) Employee was not terminated with or without cause during the Term, (ii) Employee did not resign during the Term, or (iii) Employee is not employed by or offered employment by the City in a position having responsibilities and compensation substantially similar to those of the City Administrator position upon such expiration, Employee shall receive the Severance Payment, in addition to any unpaid accrued salary, vacation, personal and sick days. 3.4 Any Severance Payment payable to Employee shall be paid bi-weekly in equal payments (or as otherwise consistent with the City's payment practices for other City employees), less all deductions and/or deductions required by law. SECTION 4: COMPENSATION 4.1 The City agrees to pay Employee an annual base salary of $174,836 from May 30, 2020 through May 28, 2021November 29, 2019 through May 29, 2020 payable biweekly in equal payments (or as otherwise consistent with the City's payment practices for other City employees), less all deductions and/or deductions required by law. In the event that all non-union employees in the City take wage reductions or furloughs during this agreement term, the employee agrees to accept an equal wage reduction or furlough as all other City department heads are given. 4.2 Employee shall participate in the Illinois Municipal Retirement fund. SECTION 5. VACATION, SICK LEAVE AND HOLIDAYS 5.1 Employee shall accrue, and have credited to his personal account, six (6) weeks vacation leave annually between May 30, 2020 through May 28, 2021November 29, 2019 and May 29, 2020. Employee shall be entitled to roll over a maximum of forty (40) hours of vacation per year. Employee shall be allowed to cash out a maximum of forty (40) hours of vacation time per fiscal year, subject to funds available in the City budget, and approval from the Mayor. Employee shall be entitled to payment for all unpaid accrued vacation leave upon his leaving employment with the City. 5.2 Employee shall be entitled to holidays and any personal days off the same as exempt City employees, in general. 5.3 All of the provisions of the Vacation and Sick leave policy within the Employee Manual, with respect to the accrual and use of sick leave shall apply to the Employee. SECTION 6. HEALTH AND LIFE INSURANCE The City agrees to put into force and to make required premium payments to provide Employee with a life insurance policy in the amount of $50,000.00, and the same standard sickness benefits, 4 health and all other benefits as provided to other City Department heads. SECTION 7: DUES AND SUBSCRIPTIONS Employer agrees to budget for and to pay for professional dues and subscriptions of Employee necessary for his continuation and full participation in the International City/County Management Association (ICMA), the Illinois City/County Management Association (ILCMA) and Metro Managers, necessary and desirable for his continued professional participation growth, and advancement, and for the good of the Employer. SECTION 8. PROFESSIONAL DEVELOPMENT The City hereby agrees to pay for reasonable, budgeted travel and subsistence expenses of Employee for a reasonable number of professional and office travel, meetings, and occasions adequate to continue the professional development of Employee and necessary official functions for the City, including, but not limited to, the ICMA Annual conference, the ILCMA Conference, and such other national, regional, state and local governmental groups and committees thereof which Employee serves as a member. Attendance at any conferences, seminars and committees requiring overnight stay other than the ICMA Annual conference and the ILCMA Conference, shall be subject to prior Council approval. SECTION 9. AUTOMOBILE Employee shall receive the same mileage allowance for travel as prescribed in the City’s employee handbook. SECTION 10. TECHNOLOGY EQUIPMENT The Employee shall be responsible for procuring his own cell phone and cellphone plan. SECTION 11. GENERAL EXPENSES The City recognizes that certain expense of a non-personal and generally job affiliated nature are incurred by Employee, and hereby agrees to reimburse such moneys upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits and approval by the Council, provided that such expenses have been budgeted. SECTION 12. PERFORMANCE EVALUATION 13.1 Annually, the Mayor and Employee shall define such goals and performance objectives that they determine necessary for the proper operation of the City and in the attainment of the Council's policy objectives, said goals and objectives to be reduced to writing. The Mayor shall review and evaluate Employee's performance of his responsibilities and duties as City Administrator in April of each year of the Term, and shall seek Council advice on the Employee’s performance. The Mayor shall provide the Employee with a summary written statement of the findings of the review and provide an adequate opportunity for the Employee to discuss his evaluation with the Mayor and Council. Following Employee's performance evaluation, Employee may receive a compensation merit increase at the sole discretion of the Mayor. 5 13.2 In affecting the provisions of this Section, the Mayor, Council and Employee mutually agree to abide by the provisions of applicable law. SECTION 13. NO REDUCTION OF BENEFITS The City shall not at any time during the Term of this Agreement reduce the salary, compensation or other financial benefits of Employee, except to degree of such a reduction across-the- board for all employees of the City. SECTION 14. RESIDENCY The City agrees not to require the Employee to have residence in the City of Yorkville, Illinois. SECTION 15. INDEMNIFICATION The Employee shall be indemnified to the maximum required under State and local law. SECTION 16. BONDING The City shall bear the full cost of any fidelity or other bonds, if any, required of the Employee under any law or ordinance. SECTION 17. OTHER TERMS AND CONDITIONS OF EMPLOYMENT 18.1 The Mayor, in consultation with Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the United City of Yorkville, Illinois ordinances or any other law. 18.2 All provisions of the United City of Yorkville, Illinois ordinances and Code, and regulations and rules of the City relating to the vacation, sick leave, retirement and pension system contributions, holidays, and other benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of the City, in addition to said benefits enumerated specifically for the benefit of Employee except as herein provided. SECTION 18. NOTICES Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: TO THE CITY: Mayor United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 TO EMPLOYEE: Bart Olson 3715 Sterling Road 6 Downers Grove, IL 60515 Alternatively, notices required pursuant to this Agreement may be personally served. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. SECTION 20. GENERAL PROVISIONS 20.1 The text herein shall constitute the entire Agreement between the parties. 20.2 This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. 20.3 If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. 20.4 All amendments or modifications of this Agreement must be in writing and must be signed by each party hereto. IN WITNESS WHEREOF, the City has caused this Agreement to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. UNITED CITY OF YORKVILLE By: Mayor Attest: City Clerk EMPLOYEE Bart Olson C/53946.1 1 EMPLOYMENT AGREEMENT This agreement ("Agreement") is made and entered into this ____ day of ________, 2020 (the "Effective Date"), by and between the United City of Yorkville, Illinois, a non-home rule municipal corporation (the "City"), and Bart Olson of Downers Grove, Illinois (the "Employee"). WITNESSETH: WHEREAS, the Mayor of the City, with the advice and consent of the City Council, has determined to employ the services of Employee in the position of "City Administrator"; WHEREAS, it is the desire of the Mayor and City Council (the "Council") to provide certain benefits to establish certain conditions of employment, and to set the working conditions of Employee; and WHEREAS, Employee desires to accept employment as City Administrator of the City under the terms presented herein; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: SECTION 1: EMPLOYMENT AND DUTIES 1.1 The City agrees to employ and Employee agrees to be employed, on a full-time basis, and devote such additional time and service as necessary to perform all professional services and undertake the responsibilities and duties of City Administrator to fully administer the operation of the City and undertake those other duties and responsibilities as are set forth in City Code, Section 1-6D and as the Mayor and/or Council may, from time to time, require. Employee's duties and responsibilities shall include, but not be limited to: (a) Be responsible to respond to and advise the Mayor and aldermen on issues affecting any and all aspects of the City to the best of his ability and competence; (b) Advise and consult with City officers and officials; (c) Advise and consult with the Mayor regarding hiring, assignment, and promotion of employees and; upon approval of the Mayor, terminate, furlough or lay-off employees in departments that report to the City Administrator. (d) Attend all regular and special meetings of the Council, and any Council committee, and sub-committee and boards and commission meetings and hearings as assigned; and attend specific other meetings and bearings at the request of either the Mayor or Council; (e) Keep the Mayor and Council apprised of the status of major projects and activities; subject to applicable State and City laws concerning appropriations, public notices and competitive bidding, Employee shall have the authority to execute on behalf of the City any contracts for goods, materials, services, constructions or improvements authorized by the Council; Clean version 2 (f) During Employee's employment with the City, the Employee will not directly or indirectly become affiliated, employed or in any way enter into a contractual relationship for compensated services of any type or character, other than teaching or consulting, without the approval of the Council. SECTION 2: TERM 2.1 The term of this Agreement shall commence upon the execution of the Agreement by both parties and will terminate on May 28, 2021 (the "Term"). Employee agrees to remain in the exclusive employ of the City during the Term and, except as provided in Section 1.1(f) of this Agreement until said termination date. 2.2. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Mayor to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3.1 of this Agreement. 2.3 Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with the City, subject only to the provision set forth in Section 3.2 of this Agreement. SECTION 3: TERMINATION AND SEVERANCE PAY 3.1 Employee's employment with the City may be terminated by the Mayor at any time (including prior to the expiration of the Term), as provided in 65 ILCS 5/3.1-35-10, in which case this Agreement shall automatically terminate, subject to the following: (a) In the event of a breach of any of the terms or conditions hereof by Employee, employee's employment and this Agreement may be terminated for cause. For purposes of this Agreement, "cause" is further defined as (i) a conviction by any court of competent jurisdiction of a felony, or a Class A or B misdemeanor, (ii) a violation of state statutes or City ordinances, relating to the duties of the City Administrator, or (iii) Employee's failure to follow the official lawful directions of the Mayor, or (iv) Employee’s failure to follow policies as established by the Mayor or Council. If Employee is discharged for cause, Employee shall only receive as compensation the monetary equivalent to Employee's accrued vacation, sick, and personal time and accrued salary to date of termination. Employee shall not be entitled to any Severance Payment (as defined below) if terminated for cause; or (b) The City may terminate Employee's employment and this Agreement without cause during the Term, in which case Employee shall receive, in lieu of any and all other forms or claims for compensation or remuneration, a total severance payment (the "Severance Payment") equal to the monetary equivalent of twenty (20) weeks base salary plus benefits, in addition to any unpaid accrued salary, vacation, personal and sick days. 3.2 If Employee voluntarily resigns, Employee shall only receive compensation for the monetary equivalent of Employee's unpaid accrued base salary to the effective date of resignation, together with accrued but unused vacation, and sick days, as governed by the appropriate sections of the Employee Manual as are in effect at date of resignation. In the event Employee voluntarily resigns Employee's position with the City before expiration of the Term, then Employee shall give the City sixty (60) days notice in advance if Employee has taken a position as a City Administrator in another 3 community, otherwise Employee shall give the City thirty (30) days notice in advance, unless the parties otherwise agree. Notwithstanding the foregoing notices, the City may, at its election, continue to employ Employee during the applicable notice period or request that Employee leave the City's employment immediately or at any time during the applicable notice period. In the event the City elects to terminate Employee's employment immediately, Employee's salary, vacation, personal and sick days will continue to accrue until the end of the applicable notice period. Unless otherwise agreed upon by the parties, Employee shall not be entitled to any Severance Payment if Employee resigns. 3.3 lf this Agreement is not renewed by the City upon expiration of the Term, provided (i) Employee was not terminated with or without cause during the Term, (ii) Employee did not resign during the Term, or (iii) Employee is not employed by or offered employment by the City in a position having responsibilities and compensation substantially similar to those of the City Administrator position upon such expiration, Employee shall receive the Severance Payment, in addition to any unpaid accrued salary, vacation, personal and sick days. 3.4 Any Severance Payment payable to Employee shall be paid bi-weekly in equal payments (or as otherwise consistent with the City's payment practices for other City employees), less all deductions and/or deductions required by law. SECTION 4: COMPENSATION 4.1 The City agrees to pay Employee an annual base salary of $174,836 from May 30, 2020 through May 28, 2021 payable biweekly in equal payments (or as otherwise consistent with the City's payment practices for other City employees), less all deductions and/or deductions required by law. In the event that all non-union employees in the City take wage reductions or furloughs during this agreement term, the employee agrees to accept an equal wage reduction or furlough as all other City department heads are given. 4.2 Employee shall participate in the Illinois Municipal Retirement fund. SECTION 5. VACATION, SICK LEAVE AND HOLIDAYS 5.1 Employee shall accrue, and have credited to his personal account, six (6) weeks vacation leave annually between May 30, 2020 through May 28, 2021. Employee shall be entitled to roll over a maximum of forty (40) hours of vacation per year. Employee shall be allowed to cash out a maximum of forty (40) hours of vacation time per fiscal year, subject to funds available in the City budget, and approval from the Mayor. Employee shall be entitled to payment for all unpaid accrued vacation leave upon his leaving employment with the City. 5.2 Employee shall be entitled to holidays and any personal days off the same as exempt City employees, in general. 5.3 All of the provisions of the Vacation and Sick leave policy within the Employee Manual, with respect to the accrual and use of sick leave shall apply to the Employee. SECTION 6. HEALTH AND LIFE INSURANCE The City agrees to put into force and to make required premium payments to provide Employee with a life insurance policy in the amount of $50,000.00, and the same standard sickness benefits, 4 health and all other benefits as provided to other City Department heads. SECTION 7: DUES AND SUBSCRIPTIONS Employer agrees to budget for and to pay for professional dues and subscriptions of Employee necessary for his continuation and full participation in the International City/County Management Association (ICMA), the Illinois City/County Management Association (ILCMA) and Metro Managers, necessary and desirable for his continued professional participation growth, and advancement, and for the good of the Employer. SECTION 8. PROFESSIONAL DEVELOPMENT The City hereby agrees to pay for reasonable, budgeted travel and subsistence expenses of Employee for a reasonable number of professional and office travel, meetings, and occasions adequate to continue the professional development of Employee and necessary official functions for the City, including, but not limited to, the ICMA Annual conference, the ILCMA Conference, and such other national, regional, state and local governmental groups and committees thereof which Employee serves as a member. Attendance at any conferences, seminars and committees requiring overnight stay other than the ICMA Annual conference and the ILCMA Conference, shall be subject to prior Council approval. SECTION 9. AUTOMOBILE Employee shall receive the same mileage allowance for travel as prescribed in the City’s employee handbook. SECTION 10. TECHNOLOGY EQUIPMENT The Employee shall be responsible for procuring his own cell phone and cellphone plan. SECTION 11. GENERAL EXPENSES The City recognizes that certain expense of a non-personal and generally job affiliated nature are incurred by Employee, and hereby agrees to reimburse such moneys upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits and approval by the Council, provided that such expenses have been budgeted. SECTION 12. PERFORMANCE EVALUATION 13.1 Annually, the Mayor and Employee shall define such goals and performance objectives that they determine necessary for the proper operation of the City and in the attainment of the Council's policy objectives, said goals and objectives to be reduced to writing. The Mayor shall review and evaluate Employee's performance of his responsibilities and duties as City Administrator in April of each year of the Term, and shall seek Council advice on the Employee’s performance. The Mayor shall provide the Employee with a summary written statement of the findings of the review and provide an adequate opportunity for the Employee to discuss his evaluation with the Mayor and Council. Following Employee's performance evaluation, Employee may receive a compensation merit increase at the sole discretion of the Mayor. 5 13.2 In affecting the provisions of this Section, the Mayor, Council and Employee mutually agree to abide by the provisions of applicable law. SECTION 13. NO REDUCTION OF BENEFITS The City shall not at any time during the Term of this Agreement reduce the salary, compensation or other financial benefits of Employee, except to degree of such a reduction across-the- board for all employees of the City. SECTION 14. RESIDENCY The City agrees not to require the Employee to have residence in the City of Yorkville, Illinois. SECTION 15. INDEMNIFICATION The Employee shall be indemnified to the maximum required under State and local law. SECTION 16. BONDING The City shall bear the full cost of any fidelity or other bonds, if any, required of the Employee under any law or ordinance. SECTION 17. OTHER TERMS AND CONDITIONS OF EMPLOYMENT 18.1 The Mayor, in consultation with Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the United City of Yorkville, Illinois ordinances or any other law. 18.2 All provisions of the United City of Yorkville, Illinois ordinances and Code, and regulations and rules of the City relating to the vacation, sick leave, retirement and pension system contributions, holidays, and other benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of the City, in addition to said benefits enumerated specifically for the benefit of Employee except as herein provided. SECTION 18. NOTICES Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: TO THE CITY: Mayor United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 TO EMPLOYEE: Bart Olson 3715 Sterling Road 6 Downers Grove, IL 60515 Alternatively, notices required pursuant to this Agreement may be personally served. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. SECTION 20. GENERAL PROVISIONS 20.1 The text herein shall constitute the entire Agreement between the parties. 20.2 This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. 20.3 If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. 20.4 All amendments or modifications of this Agreement must be in writing and must be signed by each party hereto. IN WITNESS WHEREOF, the City has caused this Agreement to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. UNITED CITY OF YORKVILLE By: Mayor Attest: City Clerk EMPLOYEE Bart Olson C/53946.1 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #1 Tracking Number PW 2020-30 Water Department Reports for January, February, and March 2020 City Council – May 26, 2020 PW 05-19-20 Moved forward to City Council agenda. PW 2020-30 Majority Approval Monthly water reports. Eric Dhuse Public Works Name Department United City of Yorkville WATER DEPARTMENT REPORT __ January 2020 _ MONTH / YEAR WELLS NO WELL DEPTH (FEET) PUMP DEPTH (FEET) WATER ABOVE PUMP (FEET) THIS MONTH’S PUMPAGE (GALLONS) 4 1386 664 384 10,790,000 7 1527 1125 430 7,387,000 8 1384 840 456 13,073,000 9 1368 861 509 14,816,000 TOTAL TREATED 46,066,000 CURRENT MONTH’S PUMPAGE IS 1,077,600 GALLONS MORE THAN LAST MONTH _ _1,689,300 _ GALLONS MORE THAN LAST YEAR DAILY AVERAGE PUMPED: _ 1,486,000___GALLONS DAILY MAXIMUM PUMPED: __ 1,996,000__ GALLONS DAILY AVERAGE PER CAPITA USE: ___ 71.77 __ GALLONS WATER TREATMENT: CHLORINE: 1,119 LBS. FED CALCULATED CONCENTRATION: ___3.17__ MG/L FLUORIDE: _ 0 LBS. FED MEASURED CONCENTRATION: _____.62 __ MG/L POLYPHOSPHATE: 1109_ LBS. FED CALCULATED CONCENTRATION: ___1.10___ MG/L WATER QUALITY: BACTERIOLOGICAL SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY: __23 SATISFACTORY _____ UNSATISFACTORY (EXPLAIN) ___________________________________________________________________________________________ FLOURIDE: __ 3 __ SAMPLE(S) TAKEN CONCENTRATION: _ 0.62 MG/L MAINTENANCE: NUMBER OF METERS REPLACED: __8 NUMBER OF LEAKS OR BREAKS REPAIRED: __ __1_ MXU’S: __5 BATTERIES REPLACED: _ NEW CUSTOMERS: RESIDENTIAL: __19 COMMERCIAL: ____ _ _ INDUSTRIAL/GOVERNMENTAL: ___ ___ COMMENTS: United City of Yorkville WATER DEPARTMENT REPORT __ February 2020 _ MONTH / YEAR WELLS NO WELL DEPTH (FEET) PUMP DEPTH (FEET) WATER ABOVE PUMP (FEET) THIS MONTH’S PUMPAGE (GALLONS) 4 1386 664 384 12,499,000 7 1527 1125 430 7,391,200 8 1384 840 456 12,126,000 9 1368 861 509 14,121,000 TOTAL TREATED 46,137,200 CURRENT MONTH’S PUMPAGE IS 71,200 GALLONS MORE THAN LAST MONTH _ _3,757,700 _ GALLONS MORE THAN LAST YEAR DAILY AVERAGE PUMPED: _ 1,590,938___GALLONS DAILY MAXIMUM PUMPED: __ 2,321,000__ GALLONS DAILY AVERAGE PER CAPITA USE: ___ 76.98 __ GALLONS WATER TREATMENT: CHLORINE: 1,030 LBS. FED CALCULATED CONCENTRATION: ___2.91__ MG/L FLUORIDE: _ 0 LBS. FED MEASURED CONCENTRATION: _____.77 __ MG/L POLYPHOSPHATE: 1072_ LBS. FED CALCULATED CONCENTRATION: ___1.06___ MG/L WATER QUALITY: BACTERIOLOGICAL SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY: __23 SATISFACTORY _____ UNSATISFACTORY (EXPLAIN) ___________________________________________________________________________________________ FLOURIDE: __ 3 __ SAMPLE(S) TAKEN CONCENTRATION: _ 0.77 MG/L MAINTENANCE: NUMBER OF METERS REPLACED: __4 NUMBER OF LEAKS OR BREAKS REPAIRED: __ __1_ MXU’S: __35 BATTERIES REPLACED: _ NEW CUSTOMERS: RESIDENTIAL: __26 COMMERCIAL: ____ _ _ INDUSTRIAL/GOVERNMENTAL: ___ ___ COMMENTS: United City of Yorkville WATER DEPARTMENT REPORT __ March 2020 _ MONTH / YEAR WELLS NO WELL DEPTH (FEET) PUMP DEPTH (FEET) WATER ABOVE PUMP (FEET) THIS MONTH’S PUMPAGE (GALLONS) 4 1386 664 384 12,074,000 7 1527 1125 430 7,444,700 8 1384 840 456 15,680,000 9 1368 861 509 12,539,000 TOTAL TREATED 47,737,700 CURRENT MONTH’S PUMPAGE IS 1,600,500 GALLONS MORE THAN LAST MONTH _ _8,7000 _ GALLONS MORE THAN LAST YEAR DAILY AVERAGE PUMPED: _ 1,646,128___GALLONS DAILY MAXIMUM PUMPED: __ 2,167,000__ GALLONS DAILY AVERAGE PER CAPITA USE: ___ 79.58 __ GALLONS WATER TREATMENT: CHLORINE: 1,127 LBS. FED CALCULATED CONCENTRATION: ___3.08__ MG/L FLUORIDE: _ 0 LBS. FED MEASURED CONCENTRATION: _____.87 __ MG/L POLYPHOSPHATE: 1140_ LBS. FED CALCULATED CONCENTRATION: ___1.09___ MG/L WATER QUALITY: BACTERIOLOGICAL SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY: __23 SATISFACTORY _____ UNSATISFACTORY (EXPLAIN) ___________________________________________________________________________________________ FLOURIDE: __ 3 __ SAMPLE(S) TAKEN CONCENTRATION: _ 0.80 MG/L MAINTENANCE: NUMBER OF METERS REPLACED: __2 NUMBER OF LEAKS OR BREAKS REPAIRED: __ ___ MXU’S: __104 BATTERIES REPLACED: _ NEW CUSTOMERS: RESIDENTIAL: __22 COMMERCIAL: ____ _ _ INDUSTRIAL/GOVERNMENTAL: ___ ___ COMMENTS: Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #2 Tracking Number PW 2020-31 Supplemental MFT Resolution for Bulk Rock Salt City Council – May 26, 2020 PW 05-19-20 Moved forward to City Council agenda. PW 2020-31 Positive Approval Annual resolution appropriating MFT funds for the purchase of bulk rock salt. Eric Dhuse Public Works Name Department Summary I am requesting approval of an MFT general maintenance resolution to allow the use of MFT funds to purchase bulk rock salt for the upcoming winter season. Background We typically use MFT funds to buy our bulk rock salt. In order to do that, we must approve a resolution that authorizes those certain MFT funds for this purchase. This year, I have submitted our request electronically to the State’s Central Management System for 1600 tons of salt. The electronic submission was in lieu of the normal contract that is signed and returned each year. By submitting the request we are now part of a much larger pool of other municipalities, townships, counties and other road districts. Our contract obligates us to take a minimum of 80% (1280 tons) of our submitted quantity and a maximum of 120% (1920 tons). I estimated the cost to be $100/ton which is very close to last years price. If the price comes in at $100/ton, our minimum obligation will be $120,800, 100% is $160,000 and 120% would be $190,200. With 1000 tons already in storage, I do not believe that we will need to use any over our bid amount. Our goal each year is to use only the minimum amount needed, this is especially true this year with the high prices. We have used the State’s CMS for our salt bids for many years. By combining all the governmental agencies into one bid, we are hopefully able to receive the best pricing. Recommendation I recommend approving the resolution authorizing the use of MFT funds to purchase bulk rock salt. This is budgeted for in the approved FY 21 budget in the MFT section. I would ask that this be placed on the May 19, 2020 Public Works Committee agenda for discussion and direction. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, Administrator Date: May 1, 2020 Subject: Supplemental Resolution for Bulk Rock Salt BLR 14220 (Rev. 02/08/19) Resolution for Maintenance Under the Illinois Highway Code Printed 05/13/20 Resolution Type Supplemental Section Number 20-00000-00-GM BE IT RESOLVED, by the Governing Body Type Council of the Local Public Agency Type City of Name of Local Public Agency Yorkville Illinois that there is hereby appropriated the sum of DollarsOne Hundred Sixty Thousand () $160,000.00 of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of Illinois Highway Code from Beginning Date 05/01/20 to Ending Date 04/30/21 Resolution Number . BE IT FURTHER RESOLVED, that only those operations as listed and described on the approved Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED, that Local Public Agency Type City of Name of Local Public Agency Yorkville shall submit within three months after the end of the maintenance period as stated above, to the Department of Transportation, on forms available from the Department, a certified statement showing expenditures and the balances remaining in the funds authorized for expenditure by the Department under this appropriation, and BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit four (4) ceritified originals of this resolution to the district office of the Department of Transportation. I Name of Clerk Lisa Pickering Local Public Agency Type City Clerk in and for said Local Public Agency Type City of Name of Local Public Agency Yorkville in the State of Illinois, and keeper of the records and files thereof, as provided by statute, do hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Governing Body Type Council of Name of Local Public Agency Yorkville at a meeting held on Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this . Day day of Month, Year . (SEAL) Clerk Signature APPROVED Regional Engineer Department of Transportation Date BLR 14220 (Rev. 02/08/19)Printed 05/13/20 Instructions for BLR 14220 This form shall be used when a Local Public Agency (LPA) wants to perform maintenance operations using Motor Fuel Tax (MFT) funds. Refer to Chapter 14 of the Bureau of Local Roads and Streets Manual (BLRS Manual) for more detailed information. This form is to be used by a Municipality or a County. Road Districts will use BLR 14221. For signature requirements refer to Chapter 2, Section 3.05(b) of the BLRS Manual. When filling out this form electronically, once a field is initially completed, fields requiring the same information will be auto-populated. Resolution Number Insert the resolution number as assigned by the LPA, if applicable. Resolution Type From the drop down box, choose the type of resolution: -Original would be used when passing a resolution for the first time for this project. -Supplemental would be used when passing a resolution increasing appropriation above previously passed resolutions. -Amended would be used when a previously passed resolution is being amended. Section Number Insert the section number of the improvement covered by the resolution. Governing Body Type From the drop down box choose the type of administrative body. Choose Board for County; Council or President and Board of Trustees for a City, Village or Town. LPA Type From the drop down box choose the LPA body type; County, City, Town or Village. Name of LPA Insert the name of the LPA. Resolution Amount Insert the dollar value of the resolution for maintenance to be paid for with MFT funds in words, followed by the same amount in numerical format in the (). Beginning Date Insert the beginning date of the maintenance period. Maintenance periods must be a 12 or 24 month consecutive period. Ending Date Insert the ending date of the maintenance period. LPA Type From the drop down box choose the LPA body type; County, City, Town or Village. Name of LPA Insert the name of the LPA. Name of Clerk Insert the name of the LPA Clerk. LPA Type From the drop down box choose the LPA body type; County, City, Town or Village. LPA Type From the drop down box choose the LPA body type; County, City, Town or Village. Name of LPA Insert the name of the LPA. Governing Body Type From the drop down box choose the type of administrative body. Choose Board for County; Council or President and Board of Trustees for a City, Village or Town. Name of LPA Insert the name of the LPA. Date Insert the date of the meeting. Day Insert the day the Clerk signed the document. Month, Year Insert the month and year of the clerk's signature. Clerk Signature Clerk shall sign here. Approved The Department of Transportation representative shall sign and date here upon approval. Three (3) certified signed originals must be submitted to the Regional Engineer's District office. Following IDOT's approval, distribution will be as follows: Local Public Agency Clerk Engineer (Municipal, Consultant or County) District BLR 14222 (Rev. 01/16/20) Local Public Agency General Maintenance Page 1 of 1Printed 05/13/20 Estimate of Maintenance Costs Submittal Type Supplemental Maintenance Period Local Public Agency City of Yorkville County Kendall Section Number 20-00000-00-GM Beginning 05/01/20 Ending 04/30/21 Maintenance Items Maintenance Operation Maint Eng Category Insp. Req. Material Categories/ Point of Delivery or Work Performed by an Outside Contractor Unit Quantity Unit Cost Cost Total Maintenance Operation Cost Snow Removal IIA Bulk Rock Salt Ton 1,600 $100.00 $160,000.00 $160,000.00 Total Operation Cost $160,000.00 Estimate of Maintenance Costs Summary Maintenance MFT Funds Other Funds Estimated Costs Local Public Agency Labor Local Public Agency Equipment Materials/Contracts(Non Bid Items) Materials/Deliver & Install/Request for Quotations (Bid Items) Formal Contract (Bid Items) Maintenance Total Estimated Maintenance Eng Costs Summary Maintenance Engineering MFT Funds Other Funds Total Est Costs Preliminary Engineering Engineering Inspection Material Testing Advertising Bridge Inspection Engineering Maintenance Engineering Total Total Estimated Maintenance Remarks SUBMITTED Local Public Agency Official Date Title County Engineer/Superintendent of Highways Date APPROVED Regional Engineer Department of Transportation Date BLR 14222 (Rev. 01/16/20)Printed 05/13/20 Instructions for BLR 14222 - Page 1 of 4 NOTE: Form instructions should not be included when the form is submitted This form is used by all Local Public Agencies (LPAs) to submit their maintenance program and also submit their maintenance expenditure statements. A resolution (BLR 14220) must be submitted and approved by the Illinois Department of Transportation (IDOT) prior to incurring any expenditures. For items required to be bid the estimate of cost must be submitted prior to submittal of required bidding documents. Authorizations will be made based on the resolution and/or the approved contract/ acceptance/request for quotations documents. The maintenance expenditure statement must be submitted within 3 months of the end of the maintenance period. Maintenance resolutions and estimates submitted for future maintenance periods after that date will not be processed until the delinquent maintenance expenditure statement has been submitted. Only one form needs to be completed per maintenance period, combine all operations on one form. For additional information refer to the Bureau of Local Roads Manual (BLRS), Chapter 14. For signature requirements refer to Chapter 2, section 3.05(b) of the BLRS Manual For items being completed for the estimate all materials, equipment, labor and contract amounts are considered estimates. For estimates where LPA equipment is completed, an Equipment Rental Schedule (BLR 12110) must also be submitted for approval. When completing the form for the Maintenance Expenditure all items must be actual amounts spent. Maintenance From the drop down choose which type of document is being submitted. Choose Estimate of Cost if an estimate is being submitted, choose Maintenance Expenditure Statement if a maintenance expenditure statement is being submitted. Submittal Choose the type of submittal, if this is the first submittal choose original, if revising a previous submittal choose, revised. If adding to a previous submittal choose supplemental. Local Public Agency Insert the name of the Local Public Agency. County Insert the County in which the Local Public Agency is located. Maintenance Period Beginning Insert the beginning date of the maintenance period. Ending Insert the ending date of the maintenance period. Section Insert the section number assigned to this project. The letters at the end of the section number will always be a "GM". Maintenance Operations List each maintenance operation separately Maintenance Eng. Category From the drop down choose the maintenance engineering category as it applies to the operation listed to the left. The definitions of the categories can be found in the BLRS Manual Chapter 14, section 14-2.04 Maintenance Engineering Categories are: Category I Services purchased without a proposal such as electric energy or materials purchased from Central Management Services' Joint Purchasing Program or another joint purchasing program that has been approved by the District BLRS or CBLRS. Category II-A Maintenance items that are not included in Maintenance Engineering Category I or do not require competitive sealed bids according to Section 12-1.02(a) or a local ordinance/resolution. Category II-B Routine maintenance items that require competitive sealed bids according to Section12-1.02(a) or a local ordinance/resolution. Routine maintenance includes all items in the following work categories: snow removal, street sweeping, lighting and traffic signal maintenance, cleaning ditches or drainage structures, tree trimming or removal, mowing, crack sealing, pavement marking, shoulder maintenance limited amounts of concrete curb and gutter repair, scour mitigation, pavement patching, and minor drainage repairs. Category III Maintenance items that are not covered by Maintenance Engineering Category I and require competitive bidding with a material proposal, a deliver and install proposal or request for quotations. Category IV Maintenance items that are not covered by Maintenance Engineering Category I and require competitive bidding with a contract proposal. BLR 14222 (Rev. 01/16/20)Printed 05/13/20 Instructions for BLR 14222 - Page 2 of 4 The instructions listed below only apply to the maintenance estimate of cost. For LPA's using Local Public Agency Labor and/or Local Public Agency Equipment Rental, the estimated amounts are only listed on those specific lines and are not to be included with each operation on the estimate of cost. Insp Req From the drop down choose No or Yes as it applies to the maintenance operation listed to the left. Items requiring no engineering inspection should be no. Material Categories/ List the items for each operation on a separate line, grouping items for the same operation Point of Delivery or Work Performed together, for the operation listed to the left. If work being done as a contract list work by by an Outside Contractor contractor. Unit Insert the unit of measure for the material listed to the left, if applicable Quantity Insert the quantity of material for the material listed to the left, if applicable. Unit Cost Insert the unit cost of the material listed to the left, if applicable. Cost No entry necessary, this is a calculated field. This is the quantity times the unit cost. Total Maintenance Operation Cost Insert the total of the Maintenance Operation Cost, for items done by a contract insert the estimated contract amount. Maintenance Estimate of Maintenance Costs Summary Under each item listed below, list the amount to of estimated MFT funds to be expended and other funds, if applicable. The total Estimated cost is a calculated field. Local Public Agency Labor Insert the estimated amount for LPA labor for all maintenance operations, if applicable. Local Public Agency Equipment Rental Insert the estimated amount for LPA equipment rental for all maintenance operations, if applicable. Materials/Contracts (Non Bid Items) Insert the estimated amount for materials and/or contracts for items the LPA is not required to bid, if applicable. Materials/Deliver & Install, Insert the total amount estimated to be expended on materials/Request for Quotations (Bid Items) deliver and install proposals and/or Request for Quotations. This will be for items required to be bid. Formal Contracts Insert the total amount estimated to be expended on formal contracts. This will be for items required to be bid. Total Estimated Cost This is a calculated field and will be automatically filled in for each type. This is the sum of all funding for the item. Total Maintenance Operation Cost This is a calculated field, no entry is necessary. This is the sum of all items expended on this operation. Total Maintenance Cost This is a calculated field, no entry is necessary. This is the sum of all maintenance operation costs. Maintenance Engineering Cost Summary Under each item listed below, list under the funding type what the estimated amount to be expended is. Preliminary Engineering Fee Insert the amount of funds estimated to be expended for Preliminary Engineering, if applicable. Engineering Inspection Fee Insert the amount of funds estimated to be expended for Engineering Inspection, if applicable. Material Testing Costs Insert the dollar amount of funds estimated to be expended on material testing costs, if applicable. Insert the amount to be paid from MFT and the amount to be paid with local funds, if applicable. BLR 14222 (Rev. 01/16/20)Printed 05/13/20 Instructions for BLR 14222 - Page 3 of 4 Advertising Costs Insert the dollar amount of funds estimated to be expended on advertising costs, if applicable. Insert the amount to be paid from MFT and the amount to be paid with local funds, if applicable. Bridge Inspection Costs Insert the dollar amount of funds estimated to be expended on bridge inspection costs, if applicable. Insert the amount to be paid from MFT and the amount to be paid with local funds, if applicable. Total Maintenance Engineering This is a calculated field, no entry is necessary. This is the sum of all maintenance engineering costs listed above. Totals: This is a calculated field. It is the total of the estimated maintenance cost plus the estimated maintenance engineering cost. These instructions apply to the Maintenance Expenditure Statement. Maintenance Operation Type in the name of the maintenance operation for which the amounts to the right will be completed. For a form that was completed as an Estimate of Cost and is now being changed to a Maintenance Expenditure Statement, this field will be completed from the estimate. Maint Eng Category From the drop down select the Maintenance Engineering Category that applies to the operation listed to the left. LPA Labor For the operation listed to the left insert the amount expended for LPA labor, if applicable. LPA Equipment Rental For the operation listed to the left insert the amount expended on LPA equipment rental if applicable. Materials/Contracts (Non-Bid) For the operation listed to the left insert the amount expended for materials and/or contracts that was not required to be bid, if applicable. Materials/Deliver & Install, For the operation listed to the left insert the amount expended using a bidding process for Request for Quotations (Bid Items) materials, deliver & install and/or request for quotations, if applicable. Formal Contract For the operation listed to the left insert the amount expended for items bid using the formal contract process, if applicable. Total Operation Cost This is a calculated field, it will sum the amounts expended for the operation listed to the left. Operation Engineering Inspection Fee For the operation listed to the left insert the amount of engineering inspection charged for this operation, if applicable. Total Maintenance This is a calculated field, no entry necessary. It is the sum of all maintenance operations. Maintenance Engineering Cost Summary Preliminary Engineering Fee Insert the dollar amount of funds spent on preliminary engineering for this maintenance section. Engineering Inspection Fee Insert the amount of funds expended for Engineering Inspection, if applicable. Material Testing Costs Insert the dollar amount of funds spent on material testing costs, if applicable. Advertising Costs Insert the dollar amount of funds spent on advertising costs, if applicable. Bridge Inspection Costs Insert the dollar amount of funds spent on bridge inspection costs, if applicable. Total Maintenance Engineering This is a calculated field, no entry is necessary. This is the sum of all maintenance engineering costs listed above. Total Maintenance Program Costs Insert the total cost of the Maintenance and Maint. Engineering. The maintenance amount will be the amount from the Total Cost from the Maintenance Items table. The Maint. Eng will be the Maintenance Engineering Total from above. BLR 14222 (Rev. 01/16/20)Printed 05/13/20 Instructions for BLR 14222 - Page 4 of 4 Contributions, Refunds, Enter the dollar amount of contributions, refunds or amounts paid with other funds for this Paid with Other Funds maintenance section, if applicable, for both maintenance and maintenance engineering. Total Motor Fuel Tax Portion These are calculated fields, no entry is necessary. This is the sum of the total cost minus the amount paid with funds other than MFT funds. Total Motor Fuel Tax Funds Authorized Insert the total amount of MFT funds authorized for maintenance under the maintenance column, and the total amount of MFT funds authorized for maintenance engineering under the Maint. Engineering column. Surplus/Deficit These are calculated fields, no entry is necessary. This is the sum of the Total Motor Fuel Tax funds authorized minus the Total Motor Fuel Tax portion. A positive number will result in a credit to the unobligated fund of the Motor Fuel Tax fund. A negative number means more funds were spent than authorized. If the negative number has a resolution to cover the overage, the item(s) that resulted in the overage have been approved by IDOT, and are covered in the overrun policy, this amount will be authorized. If these conditions are not met, you must contact your District office for guidance. Certification Upon submittal of this form as the maintenance expenditure statement the LPA official shall check this box as certification. End of instructions for Maintenance Expenditure Statement Submitted Local Public Agency Official The proper official shall sign, insert their title and date here. For Estimates of Cost covering a Township/Road District the road commissioner shall sign and date as Local Public Agency Official. For Municipalities the municipal official shall sign and date here. County Engineer/Superintendent of Highways For County project and/or Township/Road District projects the county engineer/ superintendent of highways shall sign here. Approved Upon approval the Regional Engineer shall sign and date here. This approval is subject to change based upon a documentation review by the Department. A minimum of three (3) signed originals must be submitted to the Regional Engineer's District office. Following the Regional Engineer's approval, distribution will be as follows: Local Public Agency Clerk Engineer (Consultant or County Engineer) District File Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #3 Tracking Number PW 2020-32 1975 N. Bridge ROW Dedication City Council – May 26, 2020 PW 05-19-20 Moved forward to City Council agenda. PW 2020-32 Positive Approval Sale and Dedication of ROW to IDOT for Rt. 47 expansion. Eric Dhuse Public Works. Name Department Summary IDOT is asking to purchase a portion of our land at 1975 N. Bridge St. (Countryside lift station) to use as right of way for the northern Rt. 47 expansion. Background The city originally purchased the land at 1975 N. Bridge in the early 2000’s for the construction of the Countryside lift station to service the area to the west which includes Menards, Prairie Meadows, and Autumn Creek. At that time, we worked with IDOT to anticipate any future expansion, so there should not need to be any movement of sanitary sewer manholes or other city infrastructure, only the dedication of 0.095 acres in exchange for $8600.00. I have asked IDOT to make sure this remains a full access entrance to allow us to check, maintain, and service this lift station on a daily basis. This will be finalized at the design stage and should not be a problem. Recommendation I have had Attorney Orr, and EEI review the documents for accuracy and I recommend that we approve the dedication of ROW to IDOT for the sum of $8600. I would ask that this be placed on the May 19, 2020 public works committee for discussion and recommendation to the city council. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, Administrator Date: May 1, 2020 Subject: 1975 N. Bridge ROW sale and dedication to IDOT Ordinance No. 2020-____ Page 1 Ordinance No. 2020-___ AN ORDINANCE AUTHORIZING CONVEYANCE OF REAL ESTATE FOR HIGHWAY PURPOSES WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State of Illinois; and, WHEREAS, the Illinois Department of Transportation, Office of Program Development (“IDOT”) proposes to improve Illinois Route 47 from south of Galena Road to Kennedy Road in the City, which improvement requires the acquisition of .095 acres, legally described on Exhibit A attached hereto, owned by the City (the “Property”); and, WHEREAS, the City has agreed to compensation in the amount of $8,600.00 as the fair market value of the Property and is prepared to convey the Property to the People of the State of Illinois, Department of Transportation for highway purposes as hereinafter provided. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Conveyance of the real property legally described on Exhibit A attached hereto (the “Property”) to the People of the State of Illinois, Illinois Department of Transportation for highway purposes is hereby authorized. Section 2. The City hereby agrees to accept compensation in the amount of $8,600.00 for the aforesaid conveyance of the Property. Section 3. The Mayor and City Clerk are hereby authorized to execute the Warranty Deed conveying the Property as aforesaid and to execute and deliver such instruments as may be necessary to implement said conveyance. Section 4. This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this _____ day of ____________________, 2020. __________________________________ City Clerk Ordinance No. 2020-____ Page 2 KEN KOCH ________ DAN TRANSIER ________ JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ JASON PETERSON ________ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____ day of ____________________, 2020. ___________________________________ Mayor Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #4 Tracking Number PW 2020-33 Mill Road Railroad Crossing Agreements City Council – May 26, 2020 PW 05-19-20 Moved forward to City Council agenda. PW 2020-33 Majority Consideration of Approval Review of Agreements Brad Sanderson Engineering Name Department The purpose of this memo is to present three (3) separate agreements regarding the planned improvements on Mill Road at the BNSF Grade Crossing. The three (3) agreements are as follows: 1. BNSF Crossing Agreement 2. ICC Stipulated Agreement 3. BNSF Easement Agreement Background: The Mill Road Reconstruction project will require improvements to be made at the BNSF crossing. Improvements to the crossing include widening of the crossing surface at the tracks and installation of upgraded safety equipment. The improvements will be constructed by BNSF. The cost breakdown is noted below. Note that the Illinois Commerce Commission (ICC) has committed to pay for 95% of the safety equipment upgrades with Grade Crossing Protection Funds (GCPF). Cost – BNSF or GCPF Cost - City Railroad Crossing/Widening $0 $17,080 Safety Equipment Installation $188,932 $9,944 Easement Agreement $0 $6,250 Total $188,932 $33,274 The BNSF Crossing Agreement is a standard agreement between the Railroad and the City for the necessary widening improvements. The ICC Stipulated Agreement commits the GCPF for the project. An easement across the BNSF Railroad ROW does not exist, therefore they will require an easement agreement. BNSF will require a payment of $6,250 for the easement. Questions Presented: Should the City approve the three (3) agreements related to the railroad improvements? Discussion: The original project budget allowed for $250,000 for railroad related costs. Project costs will be paid for with funds from the developer of Grande Reserve. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Lisa Pickering, Deputy City Clerk Date: May 11, 2020 Subject: Mill Road – BNSF Agreements The City Attorney, as in most situations with the railroad, accepts the documents having reviewed them. Action Required: Consideration of approval of the three (3) agreements. Resolution No. 2020-______ Page 1 Resolution No. 2020-________ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING A SERVICES AGREEMENT WITH BNSF RAILWAY COMPANY WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, BNSF Railway Company (“BNSF”) operates and maintains a system of railway tracks throughout the United States, including parts of the City; and, WHEREAS, the Mayor and the City Council (the “Corporate Authorities”) desire to improve safety around the existing intersection of Mill Road and BNSF’s tracks (the “Intersection”); and, WHEREAS, BNSF has agreed to install a new concrete crossing surface at the Intersection and to upgrade its tracks in conjunction with the installation; and, WHEREAS, the Corporate Authorities will improve Mill Road at the Intersection to accommodate the newly installed surface; and WHEREAS, the Mayor and City Council of the City have reviewed the Crossing Surface Installation Agreement (the “Services Agreement”) and find it to be in the best interests of the City and its residents to contract with BNSF in accordance with the terms of the Services Agreement, thereby improving the safety and condition of Mill Road at the intersection with the BNSF railway tracks. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the united City of Yorkville, Kendall County, Illinois, as follows: Section 1. The recitals in the preambles to this Resolution are incorporated into this Section 1 as if fully set forth herein. Section 2. The Services Agreement between the United City of Yorkville and BNSF Railway Company, a foreign corporation, attached hereto and made a part hereof, is hereby approved and the Mayor, City Clerk, and City Administrator are hereby authorized to execute and deliver said Services Agreement and undertake any and all actions as may be required to implement its terms on behalf of the City. Section 3. This Resolution shall be in full force and effect immediately from and after its passage and approval according to law. Resolution No. 2020-______ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ______ day of _______________, 2020. KEN KOCH ________ DAN TRANSIER ________ JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ JASON PETERSON ________ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ______ day of _______________, 2020. ______________________________ Mayor Attest: ___________________________ City Clerk CROSSING SURFACE INSTALLATION AGREEMENT BNSF File No.: BF10016019 Mile Post 43.743 Line Segment 1 U.S. DOT Number 079578N Mendota Subdivision This Crossing Surface Installation Agreement (hereinafter called, this “Agreement”) is entered into effective as of _____________, 20__, by and between the United City of Yorkville, IL (hereinafter called, “AGENCY”) and BNSF Railway Company (hereinafter called, “BNSF”). WHEREAS, BNSF operates a freight transportation system by rail with operations throughout the United States and Canada; and WHEREAS, AGENCY desires to extend the existing concrete crossing surface at Mill Road to allow for a wider roadway; NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. BNSF Work. The Company will install 8’ of a new concrete crossing surface on each side of the road. The new crossing surface will adequately cover all vehicular driving lanes at Mill Road. The Company will perform all necessary track upgrades to accommodate the new crossing surface. 2. AGENCY Work. AGENCY must construct the Project as shown on the attached Exhibit A and do all work (“AGENCY’s Work”) provided for in the plans and specifications for the Project, except railroad work that will be performed by BNSF hereunder. AGENCY must furnish all labor, materials, tools and equipment for the performance of AGENCY’s Work. The principal elements of AGENCY’s Work are as follows: (a) Design and Construction of Mill Road; (b) Installation of a pavement marking stop bar in accordance with the Manual on Uniform Traffic Control Devices (hereinafter called, “MUTCD”); (c) Installation of advance warning signs in accordance with the MUTCD; (d) Perform all necessary grading and paving, including backfill of excavations and restoration of disturbed vegetation on BNSF’s right-of-way; (e) Provide suitable drainage, both temporary and permanent; and, (f) Job site cleanup including removal of all construction materials, concrete debris, surplus soil, refuse, contaminated soils, asphalt debris, litter and other waste materials to the satisfaction of BNSF. 3. Payment; Invoicing. AGENCY agrees to pay Company the actual cost of the BNSF Work. AGENCY’s ESTIMATED total cost for the new crossing surface is $17,576 as shown in Exhibit B. Company shall send to AGENCY a final invoice upon completion and AGENCY shall pay the final invoice within 30 days of receipt. 4. Maintenance of the Crossing Surface. After installation of the new crossing surface is completed, BNSF will maintain, at its own cost and expense, the crossing surface, against normal wear and tear, in a satisfactory manner for the expected life of the crossing surface. Notwithstanding the preceding sentence, BNSF shall be entitled to receive any contribution toward the cost of such maintenance made available by reason of any existing or future laws, ordinances, regulations, orders, grants, or other means or sources. 5. Vehicular Traffic during Installation. The AGENCY shall provide, at its own cost and expense, all necessary barricades, lights or traffic control devices for detouring vehicular/pedestrian traffic at the Mill Road Street crossing during installation of the new crossing surface. 6. Drainage. The AGENCY agrees to allow BNSF to drain water from the Mill Road Street crossing area into existing AGENCY storm sewers, if such storm sewers are available. Drain pipes and filter fabric necessary for such drainage will be furnished and installed by BNSF. 7. Roadway Surfacing Work. The AGENCY agrees to provide, at its sole cost and expense, enough asphalt to cover the distance between the existing roadway surface at Mill Road Street/Ave and the new crossing surface on both sides of the track as well as the area between the tracks. 8. Contractor Requirements: AGENCY must require its contractor to comply with the obligations set forth in this Agreement, including Exhibit C and Exhibit C-1, and incorporate in each prime contract for construction of the Project, or the specifications therefor, the provisions set forth in Exhibit C and Exhibit C-l, attached hereto and by reference made a part hereof. No work shall be commenced within BNSF’s right of way until the AGENCY’s contractor shall have (i) executed and delivered to BNSF an agreement in the form of said Exhibit C-1 and (ii) delivered to and secured BNSF’s approval of the required insurance. 9. Term. This Agreement begins on the effective date set forth above and remains in effect until completion of all work contemplated in this Agreement and AGENCY’s payment of the amounts set forth in Section 3 above. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by its duly qualified and authorized officials as of the day and year first written above. BNSF Railway Company: By: Printed Name: _________________________ Title: ______________________________ AGENCY: United City of Yorkville By: Printed Name: ________________________ Title: ______________________________ AUTHORITY FOR EXPENDITURE ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ LOCATION :BRISTOL LINE SEGMENT :1 AFE NUMBER : PLANITEM NUMBER :234633000 MILEPOST :43.743 RFA NUMBER :5902220 PROPERTY OF :BNSF RAILWAY COMPANY DIVISION :CH CPAR NUMBER :C0000009 OPERATED BY :BNSF RAILWAY COMPANY SUBDIVISION :MENDOTA BUDGET YEAR :2020 JOINT FACILITY :YORKVILLE TRACK TYPE :1 BUDGET CLASS :6 % BILLABLE (+/-) :100.0 TAX STATE :IL REPORTING OFFICE :722 SPONSOR :VP ENGINEERING CENTER/ROLLUP :S3801 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ PURPOSE, JUSTIFICATION AND DESCRIPTION PIP - CHE DIV MENDOTA SUB LS 1 MP 43.743 - DOT# 079578N - 100% BILLABLE TO YORKVILLE - EXTEND CROSSING 8' IN BOTH DIRECTIONS ON BOTH TRACKS ACCT PUBLIC AGENCY WILL BE WIDENING THE ROADWAY PRIMARY FUNDING SOURCE IS STATE ** BUY AMERICA(N) APPLIES ** PLAN ITEM LINE SEG BEG MP END MP TRK NBR BEGIN STATION END STATION PROJECT TYPE BUD YEAR 234633000 1 43.743 43.743 1 BRISTOL BRISTOL PUBLIC IMPROVEMENT PROJECT 2020 CASH CAPITAL NONCASH CAPITAL OPERATING EXP REMOVAL COSTS BILLABLE TOTALS LABOR COSTS 0 0 0 0 6,939 6,939 MATERIAL COSTS 0 0 0 0 8,518 8,518 OTHER COSTS 0 0 0 0 1,623 1,623 TOTALS 0 0 0 0 17,080 17,080 SYSTEM MAINTENANCE AND PLANNING PRINTED ON:10/30/2019 ESTIMATE REF. NUMBER:5902220 ESTIMATED BY:SAVARD COSTING DATE:01/01/2020 PRINTED BY:SAVARD Page 1 of 2 - ***** MAINTAIN PROPRIETARY CONFIDENTIALITY ***** BNSF RAILWAY COMPANY FHPM ESTIMATE FOR YORKVILLE LOCATION BRISTOL DETAILS OF ESTIMATE PLAN ITEM :234633000 VERSION :2 PURPOSE, JUSTIFICATION AND DESCRIPTION PIP - CHE DIV MENDOTA SUB LS 1 MP 43.743 - DOT# 079578N - 100% BILLABLE TO YORKVILLE EXTEND CROSSING 8' IN BOTH DIRECTIONS ON BOTH TRACKS ACCT PUBLIC AGENCY WILL BE WIDENING THE ROADWAY REQUESTED BY DANIEL PELTIER 6/19/19 REVISION REQUESTED BY DANIEL PELTIER 10/29/19 - CHANGE XING MATERIAL PRIMARY FUNDING SOURCE IS STATE ** BUY AMERICA(N) APPLIES ** DESCRIPTION QUANTITY U/M COST TOTAL $ ********** LABOR ********** REPLACE CROSS TIES - CAP 15.44 MH 521 REPLACE PUBLIC CROSSING - TOTAL REHAB 32.0 MH 1,001 UNLOAD CROSSING MATERIAL - PUBLIC - CAP 16.0 MH 501 PAYROLL ASSOCIATED COSTS 1,321 DA OVERHEADS 2,194 EQUIPMENT EXPENSES 1,048 INSURANCE EXPENSES 353 TOTAL LABOR COST 6,939 6,939 ************* MATERIAL ************* SPIKE, TBR SCREW 3/4"X13", F/ROAD XING 72.0 EA **144 TIE, GRADE 5, BORATE TREATED 24.0 EA 1,425 CONC 136 08-SEC, FOR TANGENT TRK, WITH FILLER FOR 32.0 FT **5,184 CONCRETE XING RAMP AND PANEL RESTRAINT,2.0 ST **620 MATERIAL HANDLING 368 ONLINE TRANSPORTATION 48 USE TAX 656 OFFLINE TRANSPORTATION 73 TOTAL MATERIAL COST 8,518 8,518 ********** OTHER ********** TOTAL OTHER ITEMS COST 0 0 PROJECT SUBTOTAL 15,457 CONTINGENCIES 1,453 BILL PREPARATION FEE 170 GROSS PROJECT COST 17,080 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 17,080 Page 2 of 2 EXHIBIT "C" CONTRACTOR REQUIREMENTS 1.01 General: • 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of-way, hereafter referred to as "Railway Property", during the construction of Mill Road widening. • 1.01.02 The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit “C-1” Agreement, in the form attached hereto, obligating the Contractor to provide and maintain in full force and effect the insurance called for under Section 3 of said Exhibit “C-1”. Questions regarding procurement of the Railroad Protective Liability Insurance should be directed to Rosa Martinez at Marsh, USA, 214-303-8519. • 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. • 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create a hazard to Railway's Property, employees, and/or operations. Railway will have the right to stop construction work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by Railway; (ii) Contractor (or any of its subcontractors), in Railway’s opinion, prosecutes the Project work in a manner which is hazardous to Railway property, facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is canceled during the course of the Project; or (iv) Contractor fails to pay Railway for the Temporary Construction License or the Easement. The work stoppage will continue until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railway’s Division Engineer or until additional insurance has been delivered to and accepted by Railway. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement, Railway may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of Railway. Railway’s right to stop the work is in addition to any other rights Railway may have including, but not limited to, actions or suits for damages or lost profits. In the event that Railway desires to stop construction work on the Project, Railway agrees to immediately notify the following individual in writing: _______________________ _______________________ _______________________ _______________________ • 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to environmental laws and regulations (including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Railway which arise out of Contractor's work under this Agreement. • 1.01.06 The Contractor must notify United City of Yorkville at and Railway's Manager Public Projects, telephone number (763) 782-3495 at least thirty (30) calendar days before commencing any work on Railway Property. Contractor’s notification to Railway must refer to Railway's file ___________. • 1.01.07 For any bridge demolition and/or falsework above any tracks or any excavations located with any part of the excavations located within, whichever is greater, twenty-five (25) feet of the nearest track or intersecting a slope from the plane of the top of rail on a 2 horizontal to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both measured perpendicular to center line of track, the Contractor must furnish the Railway five sets of working drawings showing details of construction affecting Railway Property and tracks. The working drawing must include the proposed method of installation and removal of falsework, shoring or cribbing, not included in the contract plans and two sets of structural calculations of any falsework, shoring or cribbing. For all excavation and shoring submittal plans, the current “BNSF-UPRR Guidelines for Temporary Shoring” must be used for determining the design loading conditions to be used in shoring design, and all calculations and submittals must be in accordance with the current “BNSF-UPRR Guidelines for Temporary Shoring”. All submittal drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. All calculations must take into consideration railway surcharge loading and must be designed to meet American Railway Engineering and Maintenance-of-Way Association (previously known as American Railway Engineering Association) Coopers E-80 live loading standard. All drawings and calculations must be stamped by a registered professional engineer licensed to practice in the state the project is located. The Contractor must not begin work until notified by the Railway that plans have been approved. The Contractor will be required to use lifting devices such as, cranes and/or winches to place or to remove any falsework over Railway's tracks. In no case will the Contractor be relieved of responsibility for results obtained by the implementation of said approved plans. • 1.01.08 Subject to the movement of Railway's trains, Railway will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Railway. 1.02 Contractor Safety Orientation • 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property without first having completed Railway’s Engineering Contractor Safety Orientation, found on the web site www.BNSFContractor.com. The Contractor must ensure that each of its employees, subcontractors, agents or invitees completes Railway’s Engineering Contractor Safety Orientation through internet sessions before any work is performed on the Project. Additionally, the Contractor must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card certifying completion of the Railway Contractor Safety Orientation before entering Railway Property. The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientation annually. Further clarification can be found on the web site or from the Railway’s Representative. 1.03 Railway Requirements • 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from his operations. Any damage to railway facilities resulting from Contractor's operations will be repaired or replaced by Railway and the cost of such repairs or replacement must be paid for by the Agency. • 1.03.02 The Contractor must notify the Railway's Division Engineer Brian Ferencak at 773-579- 5129 and provide blasting plans to the Railway for review seven (7) calendar days prior to conducting any blasting operations adjacent to or on Railway's Property. • 1.03.03 The Contractor must abide by the following temporary clearances during construction: 15’-0” Horizontally from centerline of nearest track 21’-6” Vertically above top of rail 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts • 1.03.04 Upon completion of construction, the following clearances shall be maintained: 25’ Horizontally from centerline of nearest track 23’ 6” Vertically above top of rail • 1.03.05 Any infringement within State statutory clearances due to the Contractor's operations must be submitted to the Railway and to the United City of Yorkville and must not be undertaken until approved in writing by the Railway, and until the United City of Yorkville has obtained any necessary authorization from the State Regulatory Authority for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railway approval, and/or the State Regulatory Authority's approval. • 1.03.06 In the case of impaired vertical clearance above top of rail, Railway will have the option of installing tell-tales or other protective devices Railway deems necessary for protection of Railway operations. The cost of tell-tales or protective devices will be borne by the Agency. • 1.03.07 The details of construction affecting the Railway's Property and tracks not included in the contract plans must be submitted to the Railway by the United City of Yorkville for approval before work is undertaken and this work must not be undertaken until approved by the Railway. • 1.03.08 At other than public road crossings, the Contractor must not move any equipment or materials across Railway's tracks until permission has been obtained from the Railway. The Contractor must obtain a "Temporary Construction Crossing Agreement" from the Railway prior to moving his equipment or materials across the Railways tracks. The temporary crossing must be gated and locked at all times when not required for use by the Contractor. The temporary crossing for use of the Contractor will be constructed and, at the completion of the project, removed at the expense of the Contractor. • 1.03.09 Discharge, release or spill on the Railway Property of any hazardous substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately notify the Railway's Resource Operations Center at 1(800) 832-5452, of any discharge, release or spills in excess of a reportable quantity. Contractor must not allow Railway Property to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue. • 1.03.10 The Contractor upon completion of the work covered by this contract, must promptly remove from the Railway's Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or of any Subcontractor, and must cause Railway's Property to be left in a condition acceptable to the Railway's representative. 1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan: • 1.04.01 Each Contractor that will perform work within 25 feet of the centerline of a track must develop and implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety portion of the Safety Orientation. This Program must provide Roadwa y Worker protection/on track training for all employees of the Contractor, its subcontractors, agents or invitees. This training is reinforced at the job site through job safety briefings. Additionally, each Contractor must develop and implement the Safety Action Plan, as provided for on the web site www.BNSFContractor.com, which will be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor must audit its work activities. The Contractor must designate an on-site Project Supervisor who will serve as the contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and Material Safety Datasheets (MSDS), at the job site. • 1.04.02 Contractor shall have a background investigation performed on all of its employees, subcontractors and agents who will be performing any services for Railroad under this Agreement which are determined by Railroad in its sole discretion a) to be on Railroad’s property, or b) that require access to Railroad Critical Infrastructure, Railroad Critical Information Systems, Railroad’s Employees, Hazardous Materials on Railroad’s property or is being transported by or otherwise in the custody of Railroad, or Freight in Transit involving Railroad. The required background screening shall at a minimum meet the rail industry background screening criteria defined by the e-RAILSAFE Program as outlined at www.eVerifile.com, in addition to any other applicable regulatory requirements. Contractor shall obtain written consent from all its employees, subcontractors or agents screened in compliance with the e-RAILSAFE Program to participate in the Program on their behalf and to release completed background information to Railroad’s designee. Contractor shall be subject to periodic audit to ensure compliance. Contractor subject to the e-RAILSAFE Program hereunder shall not permit any of its employees, subcontractors or agents to perform services hereunder who are not first approved under e- RAILSAFE Program standards. Railroad shall have the right to deny entry onto its premises or access as described in this section above to any of Contractor's employees, subcontractors or agents who do not display the authorized identification badge issued by a background screening service meeting the standards set forth in the e-RAILSAFE Program, or who in Railroad's opinion, which may not be unreasonable, may pose a threat to the safety or security of Railroad's operations, assets or personnel. Contractors shall be responsible for ensuring that its employees, subcontractors and agents are United States citizens or legally working in the United States under a lawful and appropriate work VISA or other work authorization. 1.05 Railway Flagger Services: • 1.05.01 The Contractor must give Railway’s Roadmaster (telephone 815-246-9752) a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the Roadmaster can make appropriate arrangements (i.e., bulletin the flagger’s position). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary, the Contractor must give the Roadmaster five (5) working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements. • 1.05.02 Unless determined otherwise by Railway’s Project Representative, Railway flagger will be required and furnished when Contractor’s work activities are located over, under and/or within twenty-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25-feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: • 1.05.02a When, upon inspection by Railway’s Representative, other conditions warrant. • 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Railway's representative, track or other Railway facilities may be subject to movement or settlement. • 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds. • 1.05.02d When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. • 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. • 1.05.03 Flagging services will be performed by qualified Railway flaggers. • 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to protect Railway Property and operations, if deemed necessary by the Railways Representative. • 1.05.03b Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day. • 1.05.03c The cost of flagger services provided by the Railway will be borne by United City of Yorkville. The estimated cost for one (1) flagger is approximately between $800.00- $1,600.00 for an eight (8) hour basic day with time and one-half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, vehicle, transportation, meals, lodging, radio, equipment, supervision and other costs incidental to performing flagging services. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. THE FLAGGING RATE IN EFFECT AT THE TIME OF PERFORMANCE BY THE CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL COSTS OF FLAGGING PURSUANT TO THIS PARAGRAPH. • 1.05.03d The average train traffic on this route is 17 freight trains per 24-hour period at a timetable speed of 60 MPH and 7 passenger trains at a timetable speed of 79 MPH. 1.06 Contractor General Safety Requirements • 1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by contractors within 25 feet of any track must be in compliance with FRA Roadway Worker Protection Regulations. • 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must be conducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the Railway's flagger, as applicable, and include the procedures the Contractor will use to protect its employees, subcontractors, agents or invitees from moving any equipment adjacent to or across any Railway track(s). • 1.06.03 Workers must not work within 25 feet of the centerline of any track without an on track safety strategy approved by the Railway’s Project Representative. When authority is provided, every contractor employee must know: (1) who the Railway flagger is, and how to contact the flagger, (2) limits of the authority, (3) the method of communication to stop and resume work, and (4) location of the designated places of safety. Persons or equipment entering flag/work limits that were not previously job briefed, must notify the flagger immediately, and be given a job briefing when working within 25 feet of the center line of track. • 1.06.04 When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, the Railway's representative in charge of the project must be notified. A minimum of two employees must be present at all times. • 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the Railway's Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railway's Property by that employee will be denied. • 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be reported immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway representative in charge of the project prior to the start of any work and must be posted at the job site. • 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on Railway's Property. • 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site, www.BNSFContractor.com, however, a partial list of the requirements include: a) safety glasses with permanently affixed side shields (no yellow lenses); b) hard hats; c) safety shoe with: hardened toes, above-the-ankle lace-up and a defined heel; and d) high visibility retro-reflective work wear. The Railway’s representative in charge of the project is to be contacted regarding local specifications for meeting requirements relating to hi-visibility work wear. Hearing protection, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. (NOTE – Should there be a discrepancy between the information contained on the web site and the information in this paragraph, the web site will govern.) • 1.06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE NEAREST RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT -GRADE CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, THE CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH CONCURRENCE OF THE RAILWAY'S REPRESENTATIVE. • 1.06.10 Machines or vehicles must not be left unattended with the engine running. Parked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. (See internet Engineering Contractor Safety Orientation program for more detailed specifications) • 1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water must meet all Federal, State and Local regulations. • 1.06.12 All power line wires must be considered dangerous and of high voltage unless informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load must be; 200 KV or below - 15 feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 KV - 45 feet. If capacity of the line is not known, a minimum clearance of 45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. 1.07 Excavation: • 1.07.01 Before excavating, the Contractor must determine whether any underground pipe lines, electric wires, or cables, including fiber optic cable systems are present and located within the Project work area. The Contractor must determine whether excavation on Railway’s Property could cause damage to buried cables resulting in delay to Railway traffic and disruption of service to users. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits. Before commencing excavation, the Contractor must contact BNSF’s Field Engineering Representative (John Stilley 913-551-4519). All underground and overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating. • 1.07.02 The Contractor must cease all work and notify the Railway immediately before continuing excavation in the area if obstructions are encountered which do not appear on drawings. If the obstruction is a utility and the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there is any doubt about the location of underground cables or lines of any kind, no work must be performed until the exact location has been determined. There will be no exceptions to these instructions. • 1.07.03 All excavations must be conducted in compliance with applicable OSHA regulations and, regardless of depth, must be shored where there is any danger to tracks, structures or personnel. • 1.07.04 Any excavations, holes or trenches on the Railway's Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that Railway employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible. 1.08 Hazardous Waste, Substances and Material Reporting: • 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non-containerized commodity or material, on or adjacent to Railway's Property, in or near any surface water, swamp, wetlands or waterways, while performing any work under this Agreement, Contractor must immediately: (a) notify the Railway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 1.09 Personal Injury Reporting • 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor's invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non-Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the Railway’s Project Representative no later than the close of shift on the date of the injury. NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION (If injuries are in connection with rail equipment accident/incident, highway rail grade crossing accident or automobile accident, ensure that appropriate information is obtained, forms completed and that data entry personnel are aware that injuries relate to that specific event.) Injured Person Type: Passenger on train (C) Non-employee (N) (i.e., emp of another railroad, or, non-BNSF emp involved in vehicle accident, including company vehicles) Contractor/safety sensitive (F) Contractor/non-safety sensitive (G) Volunteer/safety sensitive (H) Volunteer/other non-safety sensitive (I) Non-trespasser (D) - to include highway users involved in highway rail grade crossing accidents who did not go around or through gates Trespasser (E) - to include highway users involved in highway rail grade crossing accidents who went around or through gates Non-trespasser (J) - Off railroad property If train involved, Train ID: ________________________________ Transmit attached information to Accident/Incident Reporting Center by: Fax 1-817-352-7595 or by Phone 1-800-697-6736 or email to: Accident-Reporting.Center@BNSF.com Officer Providing Information: (Name) (Employee No.) (Phone #) REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490 NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IT IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY. 1. Accident City/St: 2. Date: Time: County: 3. Temperature: 4. Weather: (if non BNSF location) Mile Post / Line Segment: 5. Driver’s License No (and state) or other ID: SSN (required): 6. Name (last, first, mi): 7. Address: City: St: Zip: 8. Date of Birth: and/or Age: Gender: (if available) Phone Number: Employer: 9. Injury: 10. Body Part: (i.e., Laceration, etc.) (i.e., Hand, etc.) 11. Description of Accident (To include location, action, result, etc.): 12. Treatment: First Aid Only Required Medical Treatment Other Medical Treatment 13. Dr. Name: Date: 14. Dr. Address: Street: City: St: Zip: 15. Hospital Name: 16. Hospital Address: Street: City: St: Zip: 17. Diagnosis: REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903 AND 83 U.S.C. 490 EXHIBIT "C-1" Agreement Between BNSF RAILWAY COMPANY and the CONTRACTOR Railway File: ___________________________________ Agency Project: BF10016019 _________________________________ [contractor’s legal name] (hereinafter called “Contractor”), has entered into an agreement (hereinafter called “Agreement”) dated ______________, 202_, with the United City of Yorkville for the performance of certain work in connection with the following project: widening of Mill Road. Performance of such work will necessarily require Contractor to enter BNSF RAILWAY COMPANY (hereinafter called "Railway") right of way and property (hereinafter called "Railway Property"). The Agreement provides that no work will be commenced within Railway Property until the Contractor employed in connection with said work for United City of Yorkville (i) executes and delivers to Railway an Agreement in the form hereof, and (ii) provides insurance of the coverage and limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor must furnish evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of Contractor. Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property and as an inducement for such entry, Contractor, effective on the date of the Agreement, has agreed and does hereby agree with Railway as follows: 1) RELEASE OF LIABILITY AND INDEMNITY Contractor hereby waives, releases, indemnifies, defends and holds harmless Railway for all judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or death to all persons, including Railway's and Contractor's officers and employees, and for loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work performed on or about Railway’s property or right-of-way. THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE INTENSIONAL MISCONDUCT OR GROSS NEGLIGENCE OF RAILWAY. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO CLAIMED. Contractor further agrees, at its expense, in the name and on behalf of Railway, that it will adjust and settle all claims made against Railway, and will, at Railway's discretion, appear and defend any suits or actions of law or in equity brought against Railway on any claim or cause of action arising or growing out of or in any manner connected with any liability assumed by Contractor under this Agreement for which Railway is liable or is alleged to be liable. Railway will give notice to Contractor, in writing, of the receipt or dependency of such claims and thereupon Contractor must proceed to adjust and handle to a conclusion such claims, and in the event of a suit being brought against Railway, Railway may forward summons and complaint or other process in connection therewith to Contractor, and Contractor, at Railway's discretion, must defend, adjust, or settle such suits and protect, indemnify, and save harmless Railway from and against all damages, judgments, decrees, attorney's fees, costs, and expenses growing out of or resulting from or incident to any such claims or suits. In addition to any other provision of this Agreement, in the event that all or any portion of this Article shall be deemed to be inapplicable for any reason, including without limitation as a result of a decision of an applicable court, legislative enactment or regulatory order, the parties agree that this Article shall be interpreted as requiring Contractor to indemnify Railway to the fullest extent permitted by applicable law. THROUGH THIS AGREEMENT THE PARTIES EXPRESSLY INTEND FOR CONTRACTOR TO INDEMNIFY RAILWAY FOR RAILWAY’S ACTS OF NEGLIGENCE. It is mutually understood and agreed that the assumption of liabilities and indemnification provided for in this Agreement survive any termination of this Agreement. 2) TERM This Agreement is effective from the date of the Agreement until (i) the completion of the project set forth herein, and (ii) full and complete payment to Railway of any and all sums or other amounts owing and due hereunder. 3) INSURANCE Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $4,000,000 but in no event less than the amount otherwise carried by the Contractor. Coverage must be purchased on a post 2004 ISO occurrence form or equivalent and include coverage for, but not limit to the following: ♦ Bodily Injury and Property Damage ♦ Personal Injury and Advertising Injury ♦ Fire legal liability ♦ Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: ♦ The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. ♦ Waver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. It is agreed that the workers’ compensation and employers’ liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railway employees. No other endorsements limiting coverage as respects obligations under this Agreement may be included on the policy with regard to the work being performed under this agreement. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: ♦ Bodily injury and property damage ♦ Any and all vehicles owned, used or hired The policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. ♦ Additional insured endorsement in favor of and acceptable to Railway. ♦ Separation of insureds. ♦ The policy shall be primary and non-contributing with respect to any insurance carried by Railway. C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: ♦ Contractor’s statutory liability under the worker’s compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. ♦ Employers’ Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: ♦ Waiver of subrogation in favor of and acceptable to Railway. A. Railroad Protective Liability insurance naming only the Railway as the Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The policy Must be issued on a standard ISO form CG 00 35 12 04 and include the following: ♦ Endorsed to include the Pollution Exclusion Amendment ♦ Endorsed to include the Limited Seepage and Pollution Endorsement. ♦ Endorsed to remove any exclusion for punitive damages. ♦ No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Railway prior to performing any work or services under this Agreement ♦ Definition of “Physical Damage to Property” shall be endorsed to read: “means direct and accidental loss of or damage to all property owned by any named insured and all property in any named insured’ care, custody, and control arising out of the acts or omissions of the contractor named on the Declarations. In lieu of providing a Railroad Protective Liability Policy, Licensee may participate (if available) in Railway’s Blanket Railroad Protective Liability Insurance Policy. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages. Contractor agrees to waive its right of recovery against Railway for all claims and suits against Railway. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against Railway for all claims and suits. Contractor further waives its right of recovery, and its insurers also waive their right of subrogation against Railway for loss of its owned or leased property or property under Contractor’s care, custody or control. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Contractor is not allowed to self-insure without the prior written consent of Railway. If granted by Railway, any self-insured retention or other financial responsibility for claims shall be covered directly by Contractor in lieu of insurance. Any and all Railway liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by Contractor’s insurance will be covered as if Contractor elected not to include a deductible, self-insured retention or other financial responsibility for claims. Prior to commencing services, Contractor shall furnish to Railway an acceptable certificate(s) of insurance from an authorized representative evidencing the required coverage(s), endorsements, and amendments. The certificate should be directed to the following address: BNSF Railway Company c/o CertFocus P.O. Box 140528 Kansas City, MO 64114 Toll Free: 877-576-2378 Fax number: 817-840-7487 Email: BNSF@certfocus.com www.certfocus.com Contractor shall notify Railway in writing at least 30 days prior to any cancellation, non-renewal, substitution, or material alteration. Any insurance policy shall be written by a reputable insurance company acceptable to Railway or with a current Best’s Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. If coverage is purchased on a “claims made” basis, Contractor hereby agrees to maintain coverage in force for a minimum of three years after expiration, cancellation or termination of this Agreement. Annually Contractor agrees to provide evidence of such coverage as required hereunder. Contractor represents that this Agreement has been thoroughly reviewed by Contractor’s insurance agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement. Not more frequently than once every five years, Railway may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Contractor, Contractor shall require that the subcontractor shall provide and maintain insurance coverage(s) as set forth herein, naming Railway as an additional insured, and shall require that the subcontractor shall release, defend and indemnify Railway to the same extent and under the same terms and conditions as Contractor is required to release, defend and indemnify Railway herein. Failure to provide evidence as required by this section shall entitle, but not require, Railway to terminate this Agreement immediately. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Contractor's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railway shall not be limited by the amount of the required insurance coverage. In the event of a claim or lawsuit involving Railway arising out of this agreement, Contractor will make available any required policy covering such claim or lawsuit. These insurance provisions are intended to be a separate and distinct obligation on the part of the Contractor. Therefore, these provisions shall be enforceable and Contractor shall be bound thereby regardless of whether or not indemnity provisions are determined to be enforceable in the jurisdiction in which the work covered hereunder is performed. For purposes of this section, Railway shall mean “Burlington Northern Santa Fe LLC”, “BNSF Railway Company” and the subsidiaries, successors, assigns and affiliates of each. 4) SALES AND OTHER TAXES In the event applicable sales taxes of a state or political subdivision of a state of the United States are levied or assessed in connection with and directly related to any amounts invoiced by Contractor to Railway (“Sales Taxes”), Railway shall be responsible for paying only the Sales Taxes that Contractor separately states on the invoice or other billing documents provided to Railway; provided, however, that (i) nothing herein shall preclude Railway from claiming whatever Sales Tax exemptions are applicable to amounts Contractor bills Railway, (ii) Contractor shall be responsible for all sales, use, excise, consumption, services and other taxes which may accrue on all services, materials, equipment, supplies or fixtures that Contractor and its subcontractors use or consume in the performance of this Agreement, (iii) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) that Contractor fails to separately state on the invoice or other billing documents provided to Railway or fails to collect at the time of payment by Railway of invoiced amounts (except where Railway claims a Sales Tax exemption), and (iv) Contractor shall be responsible for Sales Taxes (together with any penalties, fines or interest thereon) if Contractor fails to issue separate invoices for each state in which Contractor delivers goods, provides services or, if applicable, transfers intangible rights to Railway. Upon request, Contractor shall provide Railway satisfactory evidence that all taxes (together with any penalties, fines or interest thereon) that Contractor is responsible to pay under this Agreement have been paid. If a written claim is made against Contractor for Sales Taxes with respect to which Railway may be liable for under this Agreement, Contractor shall promptly notify Railway of such claim and provide Railway copies of all correspondence received from the taxing authority. Railway shall have the right to contest, protest, or claim a refund, in Railway’s own name, any Sales Taxes paid by Railway to Contractor or for which Railway might otherwise be responsible for under this Agreement; provided, however, that if Railway is not permitted by law to contest any such Sales Tax in its own name, Contractor shall, if requested by Railway at Railway’s sole cost and expense, contest in Contractor’s own name the validity, applicability or amount of such Sales Tax and allow Railway to control and conduct such contest. Railway retains the right to withhold from payments made under this Agreement amounts required to be withheld under tax laws of any jurisdiction. If Contractor is claiming a withholding exemption or a reduction in the withholding rate of any jurisdiction on any payments under this Agreement, before any payments are made (and in each succeeding period or year as required by law), Contractor agrees to furnish to Railway a properly completed exemption form prescribed by such jurisdiction. Contractor shall be responsible for any taxes, interest or penalties assessed against Railway with respect to withholding taxes that Railway does not withhold from payments to Contractor. 5) EXHIBIT “C” CONTRACTOR REQUIREMENTS The Contractor must observe and comply with all provisions, obligations, requirements and limitations contained in the Agreement, and the Contractor Requirements set forth on Exhibit “C” attached to the Agreement and this Agreement, including, but not be limited to, payment of all costs incurred for any damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees, representatives, or agents or subcontractors on or about the construction site. Contractor shall execute a Temporary Construction Crossing Agreement or Private Crossing Agreement (http://www.bnsf.com/communities/faqs/permits-real-estate/), for any temporary crossing requested to aid in the construction of this Project, if approved by BNSF. 6) TRAIN DELAY Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from loss of use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train delays, whether caused by Contractor, or subcontractors, or by the Railway performing work under this Agreement. Railway agrees that it will not perform any act to unnecessarily cause train delay. For loss of use of equipment, Contractor will be billed the current freight train hour rate per train as determined from Railway's records. Any disruption to train traffic may cause delays to multiple trains at the same time for the same period. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain other grain, intermodal, coal and freight trains operate under incentive/penalty contracts between Railway and its customer(s). Under these arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance or incentive pay and/or be subject to penalty payments. Contractor is responsible for any train performance and incentive penalties or other contractual economic losses actually incurred by Railway which are attributable to a train delay caused by Contractor or its subcontractors. The contractual relationship between Railway and its customers is proprietary and confidential. In the event of a train delay covered by this Agreement, Railway will share information relevant to any train delay to the extent consistent with Railway confidentiality obligations. The rate then in effect at the time of performance by the Contractor hereunder will be used to calculate the actual costs of train delay pursuant to this agreement. Contractor and its subcontractors must give Railway’s representative Dusty Hartz (815-246-9752) four (4) weeks advance notice of the times and dates for proposed work windows. Railway and Contractor will establish mutually agreeable work windows for the project. Railway has the right at any time to revise or change the work windows due to train operations or service obligations. Railway will not be responsible for any additional costs or expenses resulting from a change in work windows. Additional costs or expenses resulting from a change in work windows shall be accounted for in Contractor’s expenses for the project. Contractor and subcontractors must plan, schedule, coordinate and conduct all Contractor's work so as to not cause any delays to any trains. IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed by its duly authorized officer the day and year first above written. _________________________ (Contractor legal name) BNSF Railway Company By: ____________________________________ By: ___________________________________ Printed Name: ___________________________ Name: ________________________________ Manager Public Projects Title: ___________________________________ Accepted and effective ___________ ___, 20__. Contact Person: _________________________ Address: _______________________________ City: ___________________________________ State: ___________ Zip: ___________________ Fax: ___________________________________ Phone: _________________________________ E-mail: _________________________________ Resolution No. 2020-______ Page 1 Resolution No. 2020-________ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING A STIPULATED AGREEMENT WITH THE ILLINOIS COMMERCE COMMISSION AND BNSF RAILWAY COMPANY WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, BNSF Railway Company (“BNSF”) operates and maintains a system of railway tracks throughout the United States, including parts of the City; and, WHEREAS, the Illinois Commerce Commission (the “Commission”) conducted an investigation into pedestrian and vehicular safety at the intersection of Mill Road and BNSF’s tracks at railroad milepost 43.74 (the “Intersection”); and, WHEREAS, the Commission has determined, and the City and BNSF agree, that multiple improvements must be made to increase public safety at the Intersection, including the installation of new warning equipment, circuitry, and signals, as well as a remote monitoring system (the “Improvements”); and, WHEREAS, pursuant to an order from the Commission, the Illinois Department of Transportation (“IDOT”) shall allow Motor Fuel Tax revenue from the Grade Crossing Protection Fund (“GCPF”) to be used to pay for 95% of the Improvements, with the City paying for the remaining cost; and WHEREAS, the Mayor and City Council of the City have reviewed the Stipulated Agreement between the Commission, IDOT, BNSF, and the City (the “Stipulated Agreement”) and find it to be in the best interests of the City and its residents to enter into the Stipulated Agreement to improvement safety for the traveling population at the Intersection. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the united City of Yorkville, Kendall County, Illinois, as follows: Section 1. The recitals in the preambles to this Resolution are incorporated into this Section 1 as if fully set forth herein. Section 2. The Stipulated Agreement between the United City of Yorkville, BNSF Railway Company, the Illinois Commerce Commission, and the Illinois Department of Transportation, attached hereto and made a part hereof, is hereby approved and the Mayor, City Clerk, and City Administrator are hereby authorized to execute and deliver said Stipulated Agreement and undertake any and all actions as may be required to implement its terms on behalf of the City. Section 3. This Resolution shall be in full force and effect immediately from and after its passage and approval according to law. Resolution No. 2020-______ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ______ day of _______________, 2020. KEN KOCH ________ DAN TRANSIER ________ JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ JASON PETERSON ________ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ______ day of _______________, 2020. ______________________________ Mayor Attest: ___________________________ City Clerk STATE OF ILLINOIS ILLINOIS COMMERCE COMMISSION STIPULATED AGREEMENT 2060 This Agreement made and entered into, by and between the State of Illinois acting by and through the Illinois Commerce Commission (Commission), The BNSF Railway Company (Company), the United City of Yorkville (City), and the State of Illinois, Department of Transportation (Department or IDOT). WITNESSETH: WHEREAS, it has come to the attention of the Commission through staff evaluation that inquiry should be made into the matter of improving public safety at the Mill Road (AAR/DOT #079578N, railroad milepost 43.74) highway-rail grade crossing of the Company’s tracks, located in Yorkville, Kendall County; and WHEREAS, proper investigation has been made of the circumstances surrounding the subject crossings by a representative of the Commission’s Transportation Bureau Railroad Section; and WHEREAS, the physical aspects, including geometrics of the intersections, train movements, vehicular traffic volumes, sight distances and other pertinent data relating to the crossings has been obtained and shown on Exhibits A attached to this Agreement; and WHEREAS, the parties are mutually agreeable to accomplish proposed improvements to the crossings upon determination of the Commission by Order. NOW, THEREFORE in consideration of the premises and of the mutual covenants and agreements as hereinafter contained the parties pray that the Commission enter an Order according to the provisions of Section 18c-7401 of the Illinois Commercial Transportation Law, 625 ILCS 5/18(c)-7401, requiring that certain improvements as hereinafter stated be made and that the cost for the proposed improvements be divided among the parties according to law and that in the interest of the traveling public the Grade Crossing Protection Fund (GCPF) of the Motor Fuel Tax Law (“MFT”) be required to pay a substantial portion of the cost; To Wit the parties agree as follows: Section 1 All improvements encompassed by this Agreement shall be made in accordance with all applicable State laws, rules, standards, regulations and orders and procedures in general. Section 2 The parties are of the opinion that the following improvements in the interest of public safety at the crossings should be: (a)Installation of new constant warning time equipment and circuitry and signal bungalow; relocation of the existing warning devices (automatic flashing light signals and gates with a bell, equipped with an event recorder); and, installation of a remote monitoring system, by the Company. SA 2060 2 Section 3 The Company has prepared preliminary drawings, circuit plans and preliminary cost estimates to accomplish the proposed safety improvements, which may be required by Commission Order. The drawings, circuit plans and cost estimates are attached and incorporated herein by reference as Exhibits B. Section 4 The Company shall upon Order, according to the requirements contained therein, proceed toward the completion of the proposed improvements, accomplishing the work with its own forces or appropriate contracted services and agrees that an appropriate time for the completion of the proposed improvements should be twelve (12) months from the date of a Commission Order approving this Agreement. Section 5 The parties agree that the Grade Crossing Protection Fund should be utilized for 95% of the work associated with the Installation and Upgrade of the constant warning equipment bungalow, and circuitry, relocation of the automatic flashing light signals and gates with a bell, and equipped with an event recorder and a remote monitoring, the cost for the proposed improvements is as follows: -COST DIVISION TABLE – IMPROVEMENT EST. COST GCPF CITY COMPANY Installation of new CWT equipment and circuitry and signal bungalow, relocation of the existing warning devices (Automatic Flashing Light Signals and Gates, equipped with an event recorder), installation of remote monitoring system $198,876 (95%) $188,9321 (5%) $9,9441 (0%) $02 TOTALS $198,876 $188,932 $9,944 $02 Notes: 1 Total GCPF assistance not to exceed $188,932; any installation costs above the estimated amount of $198,876 will be divided between the GCPF and the City in the same percentages noted above, upon submittal and review of evidence to support the additional cost and subject to approval by the Commission. 2 Company responsible for all future operating and maintenance costs associated with the new automatic warning devices. The warning device improvements are taking place in conjunction with a roadway widening project funded by the City. With available funding, the City has agreed to pay the 5% railroad share first recommended by Commission Staff. Section 6 Commission Staff originally proposed a 95% / 5% cost division between the Grade Crossing Protection Fund (GCPF) and the Company. The City has agreed to pay the 5% portion of the cost for the proposed improvements, not to exceed $9,944. Section 7 The Company shall upon Order, according to the requirements contained therein, proceed toward in Installation and upgrade of the constant warning time equipment, bungalow, and circuitry, relocation of the automatic flashing light signals and gates with a bell, and equipped with an event recorder and a remote monitoring system, accomplishing the work with its own forces or appropriate contracted services agrees that an appropriate time for the completion of the proposed improvements should be no later than twelve (12) months from the date of a Commission Order approving this agreement. SA 2060 3 Section 8 Special Provisions: Since the warning device improvements at the crossings will be performed by railroad crews, no flagging or contractor liability insurance will be required for said work. The Company shall complete and submit the Project Manager Information portion of the Project Status Report sheet, attached as Exhibit C, along with this executed Agreement. The Company shall, at six (6) month intervals from the date of the Commission Order approving this Agreement, or any Supplemental Order(s) issued for the project, submit to the Director of Processing and Information, Transportation Bureau of the Commission, a Project Status Report, attached as Exhibit C, regarding the progress it has made toward completion of the work required by this Agreement. Each Project Status Report shall include the Commission Order’s docket number, the Order date, the project completion date as noted in the Order, crossing information (inventory number and railroad milepost), type of improvement, and the name, title, mailing address, phone number, facsimile number, and electronic mailing address of the Company Project Manager. All bills for work specified in Section 2 of this Agreement authorized for reimbursement from the GCPF shall be submitted to the Fiscal Control Unit, Bureau of Local Roads and Streets, Illinois Department of Transportation, 2300 S. Dirksen Parkway, Springfield, IL 62764. All bills shall meet the minimum documentation requirements set forth in Section 8 of this Agreement. All bills will be paid in accordance with the State Prompt Payment Act as currently enacted (Illinois Compiled Statutes, 30 ILCS 540/). The Department shall send a copy of all invoices to the Director of Processing and Information, Transportation Bureau of the Commission. All bills shall be submitted no later than twelve (12) months from the completion date specified in the Commission Order approving this Agreement or any Supplemental Order(s) issued for the project. The final invoice for expenditures from each party shall be clearly marked "Final Invoice". The Department shall not obligate any assistance from the GCPF for the cost of proposed improvements described in this Agreement without prior approval by the Commission. The Commission shall, at the end of the 12th month from the completion date specified in the Commission Order approving this Agreement, or any Supplemental Order(s) issued for this project, conduct a review to determine if any unused assistance from the GCPF should be de-obligated. Upon completion of the review, the Commission shall notify the Department to de-obligate all residual funds accountable for installation costs for this project. Notification may be by regular mail, electronic mail, fax, or phone. Section 8 Billing: For all work specified in Section 2 of this Agreement, and authorized by an Order of the Commission, the Company shall assure that sufficient documentation for all bills is made available to the Department or the Department’s representative. The minimum documentation that must be made available is outlined below: SA 2060 4 a)Labor Charges (including additives) - Copies of employee work hours charged to the railroad and/or highway account code for the project. b)Equipment Rental - Copies of rental agreements for the equipment used, including the rental rate; number of hours the equipment was used and the railroad and/or highway account code for the project. c)Material - An itemized list of all materials purchased and installed at the crossing location. If materials purchased are installed at multiple crossing locations, a notation must be made to identify the crossing location. d)Engineering - Copies of employee work hours charged to the railroad and/or highway account code for the project. e) Supervision - Copies of employee work hours charged to the railroad and/or highway account code for the project. f)Incidental Charges - An itemized list of all incidental charges along with a written explanation of those charges. g)Service Dates - Invoice shall include the beginning and ending date of the work accomplished for the invoice. h)Final or Progressive - Each invoice shall be marked as a Progressive or a Final Invoice, as applicable. i)Reference Numbers - Each invoice shall include the AAR/DOT number, the ICC Order number and the state job number when federal funds are involved. j)Locations - Each invoice shall show the location, with the street name and AAR/DOT crossing inventory number. k)Travel - Each invoice shall include copies of all costs incurred, such as lodging, meals, per diem, rates and totals. Rail carriers shall provide an electronic copy of its current Rail Carrier Travel Policy. Reimbursement of travel costs shall be in accordance with State of Illinois travel regulations under 80 Illinois Administrative Code part 3000 and appendices. Any proposal or attempt to use an alternative travel reimbursement method must be reviewed and approved by the Department prior to travel. Reimbursement of labor additives will be for the most current audited and Federal Highway Administration approved company rates that have been entered into the Company billing system, as of the date of an invoice, for application to invoices for this project covered by this Agreement. Reimbursement of labor additives will be limited to only the most current direct labor additives, small tools additives, equipment additive rate, if so developed, and public liability/property damage liability insurance rates as audited and approved by a cognizant State agency and the Federal Highway Administration. Indirect overhead or general and administrative expenses, or those expenses which may be classified as such under generally accepted accounting principles, are not eligible for reimbursement on this project. Surcharges will be subject to review and approval by the Department. 5 SA 2060 Section 9 This Agreement shall be binding upon the parties hereto, their successors or assigns. Upon execution of this Agreement by all parties, the Commission shall enter an appropriate Order, within 60 days accepting or rejecting such stipulation according to the provisions contained herein. In Witness Whereof, the parties have caused this Agreement to be executed by their duly authorized officers, as of the dates indicated on their respective Execution Pages, attached hereto. Executed by the Commission this XXth day of April 2020 ________________________________ Brian Vercruysse Rail Safety Program Administrator By: __________________________________ Christopher M. Murauski Senior Rail Safety Specialist Illinois Commerce Commission Stipulated Agreement 2060, executed by Commission Staff on April XX, 2020, concerning improvements at the Mill Road highway-rail grade crossing of BNSF Railway Company's track, in Yorkville, Kendall, Illinois, designated as crossing MR/DOT #079578N, railroad milepost 43.74. Executed by the United City Of Yorkville this 2020. UNITED CITY OF YORKVILLE day of By: Attest: Illinois Commerce Commission Stipulated Agreement 2060, executed by Commission Staff on April XX, 2020, concerning improvements at the Mill Road highway-rail grade crossing of BNSF Railway Company's track, in Yorkville, Kendall, Illinois, designated as crossing MR/DOT #079578N, railroad milepost 43.74. Executed by BNSF Railway Company this day of .2020. BNSF RAILWAY COMPANY By: Attest: Illinois Commerce Commission Stipulated Agreement 2060, executed by Commission Staff on April XX, 2020, concerning improvements at the Mill Road highway-rail grade crossing of BNSF Railway Company's track, in Yorkville, Kendall, Illinois, designated as crossing MR/DOT #079578N, railroad milepost 43.74. Executed by the Illinois Department of Transportation this day of 2020. STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION By: Bureau of Safety Programs and Engineering SA 2060 Exhibit A, Page 1 ILLINOIS COMMERCE COMMISSION STIPULATED AGREEMENT CROSSING DATA FORM GENERAL INFORMATION: See Location Sketch (Page 3) RAILROAD BNSF Railway USDOT#, MILEPOST 079 578N, 43.74 STREET, CITY, COUNTY Mill Road/FAU 3788, In Yorkville, Kendall County JURISDICTION (RDWY) City of Yorkville LOCATION Residential STREET SURFACE 2-Lane, 2-Way (East-West), 20 Ft. Wide, Asphalt Roadway CROSSING DATA: See Location Sketch for roadway profile and track centers TRACK SURFACE TYPE SURFACE WIDTH SURFACE CONDITION Main (N-S) Concrete 50 ft. Excellent ROADWAY DATA: See Location Sketch INTERSECTING ROADS: Allegiance Crossing – 660 Feet East TRAFFIC CONTROL N/A ADT & SPEED (POSTED?) 3400 Vehicles per day at 30 MPH TRAFFIC TYPE Passenger, Agricultural/Farm Equipment with possible School Busses, Hazardous Materials, and Emergency Response ADVANCE WARNING Yes PAVEMENT MARKING None RAILROAD DATA: See Location Sketch FREIGHT TRAFFIC 34 Per day PASSENGER TRAFFIC 8 Per day @ 79MPH WARNING DEVICES R15-1 (Reflective Crossbucks) Gates with flashing lights and bell OTHER ENS (2) NOTES: Bungalow placement currently not installed at ICC recommended specified distances from rail and roadway. SA 2060 Exhibit A, Page 2 VISIBILITY STUDY: See Location Sketch Train Speed 79 MPH Roadway Speed 30 MPH Required Stopping Sight Distance (SSD) Along Roadway FEET Along Tracks FEET Required Clearing Sight Distance (CSD) (Along Tracks) FEET Distances calculated per American Association of State Highway and Transportation Officials (AASHTO), A Policy on Geometric Design of Highways and Streets, 2001, Fourth Edition. QUADRANT CSD (FT) OBSTRUCTION SSD (FT) OBSTRUCTION NE OK NW OK SE OK SW OK *Note: The installation of automatic flashing light signals and gates eliminates the need to satisfy minimum Stopping Sight Distance – Along the Tracks, and Clearing Sight Distance criteria. APPROACH GRADES: See Location Sketch DIRECTION: WEST DIRECTION: EAST DISTANCE (FT) ELEVATION (FT) GRADE (%) DISTANCE (FT) ELEVATION (FT) GRADE (%) 0 25 50 100 Distance measured from outermost rail. COMMENTS: PROPOSED COST DIVISION IMPROVEMENT GCPF CITY KCS SIGNALS 95% 5% 0%1 APPROACH No Work No Work No Work 1. All future maintenance & operation costs of the new automatic warning devices to be paid by BNSF Railway ALL LIGHTS TO BE LED 30' Min. to Edge of Road House Clearance: 25' Min. to Near Rail Max. 12' Min. 8'3" without curb, Min. 4'3" with curb, Edge of Road to C.L. Foundation: Clearance to C.L. Track = Min. 12' Warning device placement: 79 MPH WESTWARD APPR. 4055' 79 MPH EASTWARD APPR. 4055' BNSF RAILWAY CO. LOCATION: STREET: LS: M.P. DOT # DIVISION: SUBDIVISION: DATE: FILE: The Burlington Northern & Santa Fe Railway Company TO TO W INSTRUMENT HOUSE BELL METER CROSSING CONTROLL CONNECTIONS BIDIRECTIONAL CROSSING CONTROL UNIDIRECTIONAL CROSSING CONTROL COUPLER OR TERMINATION GUARD RAIL RED = IN YELLOW = OUT SALVAGE: CONTROL DEVICES: REPLACE: 8X8 M.P. DOT # PROJECT# 6'X6' MP 44.52 50' MIN.50' MIN. OVER 90' ECEC ECEC TR TR DOT # 079 579 V KENNEDY ROAD 570' N W TJC TJC NBS NBS NBS NBS NBS NBS NBS NBS NBS NBS 8X8 NBS NBS RELOCATE RELOCATE 02/18/20 079578N 079578N AMW NONE NO SCALE MENDOTA CHICAGO 43.77 43.77 75805 MONTGOMERYGALESBURG 75805-StateSketch.dgn GATES, LEDS, FLASHERS CONSTANT WARNING BRISTOL IL MILL ROAD MILL ROAD 1 Exhibit B: Page 1 ***** MAINTAIN PROPRIETARY CONFIDENTIALITY ***** BNSF RAILWAY COMPANY FHPM ESTIMATE FOR ILDOT LOCATION MONTGOMERY TO BRISTOL DETAILS OF ESTIMATE PLAN ITEM : 000312891 VERSION : 4 PURPOSE, JUSTIFICATION AND DESCRIPTION MILL ROAD - BRISTOL, IL; REPLACE CONSTANT WARNING / FLASHERS / GATES; CHICAGO DIV; MENDOTA SUBDIV; LS 1; MP 43.77; DOT# 079578N; SEQ# 75805. MONTHLY POWER UTILITY COST CENTER : 61690. THE MATERIAL LIST BELOW REFLECTS TYPICAL REPRESENTATIVE PACKAGES USED FOR ESTIMATING PURPOSES ONLY. THIS ESTIMATE IS GOOD FOR 180 DAYS. THE ESTIMATE IS SUBJECT TO CHANGE IN COST FOR LABOR, MATERIAL, AND OVERHEAD. CONTRACTS HAVE BEEN ESTABLISHED FOR PORTIONS OF SIGNAL WORK ON THE BNSF RAILROAD. ******************************* SIGNAL WORK ONLY ******************************* THE STATE OF ILLINOIS IS FUNDING 100% OF THIS PROJECT. MAINTAIN PROPRIETARY CONFIDENTIALITY. PRIMARY FUNDING SOURCE IS FHWA ** BUY AMERICA(N) APPLIES ** DESCRIPTION QUANTITY U/M COST TOTAL $ ********** LABOR ********** ELECTRICAL LABOR F/SIGNAL EQUIPMENT 54.0 MH 1,669 SIGNAL FIELD - REPLACE 728.0 MH 22,445 SIGNAL SHOP LABOR - CAP 0.01 MH 1 PAYROLL ASSOCIATED COSTS 15,763 DA OVERHEADS 26,171 EQUIPMENT EXPENSES 5,362 INSURANCE EXPENSES 4,219 TOTAL LABOR COST 75,630 75,630 ************* MATERIAL ************* ARM, EZ GATE 16'-24'2.0 EA N 1,040 ARRESTOR, MDSA-2 XS 1.0 EA N 692 BATTERY, 10 VGL-255, 18 VGL-350 1.0 LS N 7,166 BELLS 2.0 EA N 409 BUNGALOW 8X8 W/ AC 1.0 LS N 10,074 BUNGALOW MATERIAL 1.0 LS N 8,181 CABLE, 2C/6 TW 700.0 FT N 847 CABLE, 3C/2 250.0 FT N 1,433 CABLE, 5C/10 70.0 FT N 130 CABLE, 5C/6 500.0 FT N 2,036 CABLE, 7C/14 500.0 FT N 855 CHARGERS, 12/80 (20/40/60)2.0 EA N 2,060 CONSTANT WARNING, XP4, 2TK 1.0 EA N 27,281 COUPLER, TJC 2.0 EA N 1,685 ELECTRICAL MATERIAL 1.0 EA N 1,500 EVENT RECORDER 1.0 EA N 3,228 FIELD MATERIAL 1.0 LS N 4,500 FILL DIRT 20.0 CY N 500 FOUNDATION, CONCRETE 2.0 EA N 543 LIGHT OUT DETECTOR 1.0 EA N 907 SHUNT, NBS 4.0 EA N 3,988 SURFACE ROCK 10.0 CY N 500 USE TAX 7,087 OFFLINE TRANSPORTATION 991 TOTAL MATERIAL COST 87,633 87,633 ********** OTHER Page 4 of 5 Exhibit B: Page 2 ********** AC POWER SERVICE 1.0 EA N 10,000 BUNGALOW, WIRE AND TEST 1.0 LS N 5,643 CONTRACT ENGINEERING 1.0 LS N 8,000 DIRECTIONAL BORING 200.0 FT N 10,000 TOTAL OTHER ITEMS COST 33,643 33,643 PROJECT SUBTOTAL 196,906 CONTINGENCIES 0 BILL PREPARATION FEE 1,970 GROSS PROJECT COST 198,876 LESS COST PAID BY BNSF 0 TOTAL BILLABLE COST 198,876 Page 5 of 5 Exhibit B: Page 3 ILLINOIS COMMERCE COMMISSION TRANSPORTATION BUREAU / RAIL SAFETY SECTION STIPULATED AGREEMENT 2060 EXHIBIT C, Page 1 PROJECT STATUS REPORT: TYPE: (CHECK ONE) PROGRESS COMPLETION DATE PROJECT INFORMATION: Reporting Party: Docket/Order #; Date: Status Report (s) Due: 6 Month intervals from Order Date Ordered Completion Date: 12 Months from Order Date Completion Report Due: 5 Days after completion of work AAR/DOT#, Milepost: Street, (in/near) City, County: Railroad Company: PROJECT MANAGER INFORMATION: Name: Title: Representing: Street Address: City, State, Zip: Office Phone: Office Fax: Cellular Phone: E-Mail Address: DESCRIPTION OF IMPROVEMENT(S) ORDERED: Installation of new constant warning time equipment and circuitry and signal bungalow; relocation of the existing warning devices (automatic flashing light signals and gates with a bell, equipped with an event recorder); and, installation of a remote monitoring system, by the Company. STATUS OF WORK: ILLINOIS COMMERCE COMMISSION TRANSPORTATION BUREAU / RAIL SAFETY SECTION STIPULATED AGREEMENT 2060 EXHIBIT C, Page 2 Mail directed to the Rail Safety Section or the Director of Processing and Information, Transportation Bureau of the Commission should be addressed to: Illinois Commerce Commission 527 E. Capitol Avenue Springfield, IL 62701-1827 If you have questions contact: Christopher M. Murauski, Rail Safety Specialist Phone: (630) 947-6283 Email: Christopher.Murauski@illinois.gov A Form 3 can be obtained from the Illinois Commerce Commission by calling (217) 782- 7660 or on the web at: http://www.icc.illinois.gov/forms/results.aspx?st=4 The billing address for Grade Crossing Protection Fund reimbursement is: SIGNAL WORK APPROACH/BRIDGE WORK Illinois Department of Transportation Fiscal Control Unit Bureau of Local Roads and Streets 2300 South Dirksen Parkway Springfield, Illinois 62764 IDOT, District ## Address Copies of the United States Department of Transportation Inventory Form #6180.71 can be obtained on the web at: http://www.fra.dot.gov/eLib/details/L02727 (PDF) http://www.fra.dot.gov/eLib/details/L03076 (Word Document) Submit Inventory forms to: Federal Railroad Administration Office of Safety 1200 New Jersey Ave, SE Washington, DC 20590 or (data processing contractor) Inventory Crossing Updates FRA Project Office Creative Information Technology, Inc. 4601 N. Fairfax Drive, Suite 1100 Arlington, VA 22203 RsisRXIupdates@dot.gov And Chief of Data Services Illinois Department of Transportation 2300 S. Dirksen Parkway Springfield, IL 62764 IL.RRXUpdates@Illinois.gov Ordinance No. 2020-____ Page 1 Ordinance No. 2020-____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN EASEMENT AGREEMENT FOR ROADWAY CONSTRUCTION, MAINTENANCE AND USE (Mill Road) WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, BNSF Railway Company, a Delaware corporation (“BNSF”) owns or controls certain real property at or near the vicinity of the City of Yorkville, County of Kendall, Illinois Railroad Mile Post 43.74 (the “Premises”) over which the City has requested and easement in order to reconstruct Mill Road; and, WHEREAS, BNSF is prepared to convey to the City a perpetual non-exclusive easement over the Premises being legally described on Exhibit A to an Easement Agreement for Roadway Construction, Maintenance and Use, a copy of which is attached hereto (the “Easement Agreement” for a purchase price of $6,250; and, WHEREAS, the Easement Agreement provides, among other things, that BSNF reserves certain rights to the Premises ; and, WHEREAS, the Mayor and City Council believe it to be in the best interests of the City and its residents to acquire an easement over the Premises and enter into the Easement Agreement in order to enable it to make needed improvements to Mill Road, an important thorough fare in the City. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Ordinance No. 2020-____ Page 2 Section 1. That the recitals in the preambles to this Ordinance are incorporated into this Section 1 as if fully set forth herein. Section 2. That the Easement Agreement For Roadway Construction, Maintenance and Use by and between the United City of Yorkville, Kendall County, Illinois and BNSF Railway Company, a Delaware corporation, attached hereto and made a part hereof, is hereby approved and the Mayor and City Clerk are hereby authorized to execute and deliver said Agreement and undertake any and all actions as may be required to implement its terms on behalf of the City. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this ____ day of _________________, A.D. 2020. ______________________________ CITY CLERK KEN KOCH ________ DAN TRANSIER ________ JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ JASON PETERSON ________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____ day of _________________, A.D. 2020. ____________________________________ MAYOR Attest: ______________________________ CITY CLERK Form 703; Rev. 02/12/10 1 EASEMENT AGREEMENT FOR ROADWAY CONSTRUCTION, MAINTENANCE AND USE THIS EASEMENT AGREEMENT FOR ROADWAY CONSTRUCTION, MAINTENANCE AND USE ("Easement Agreement") is made and entered into as of the ____ day of _________ 20___ ("Effective Date"), by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Grantor"), and the UNITED CITY OF YORKVILLE, a ________________ ("Grantee"). A. Grantor owns or controls certain real property situated at or near the vicinity of Yorkville, County of Kendall, State of Illinois, Railroad Line segment 0001-2 at Railroad Mile Post 43.74, [Project # ___________], as described or depicted on Exhibit "A" attached hereto and made a part hereof (the "Premises"). B. Grantee has requested that Grantor grant to Grantee an easement over the Premises for the Easement Purpose (as defined below). C. Grantor has agreed to grant Grantee such easement, subject to the terms and conditions set forth in this Easement Agreement. NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated herein, the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1 Granting of Easement. 1.1 Easement Purpose. The "Easement Purpose" shall be the construction, maintenance and use of a public roadway and related surface improvements (collectively, "Improvements") to be constructed, located, configured and maintained by Grantee in strict accordance with the terms of this Easement Agreement and the Plans and Specifications (as hereinafter defined) approved as set forth in Section 5. Grantee expressly acknowledges and agrees that the Easement Purpose does not include, and no rights are granted hereunder, for an elevated roadway or related improvements or any subsurface rights. 1.2 Grant. Grantor does hereby grant unto Grantee a non-exclusive easement ("Easement") over the Premises for the Easement Purpose and for no other purpose. The Easement is granted subject to any and all restrictions, covenants, easements, licenses, permits, leases and other encumbrances of whatsoever nature whether or not of record, if any, relating to the Premises and subject to all Laws (as hereinafter defined), including without limitation zoning laws, regulations, and ordinances of municipal and other governmental authorities, if any. 1.3 Reservations by Grantor. Grantor excepts and reserves the right, to be exercised by Grantor and any other parties who may obtain written permission or authority from Grantor: (a) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and relocate any existing pipe, power, communication, cable, or utility lines and appurtenances and other facilities or structures of like character (collectively, "Lines") upon, over, under or across the Premises; (b) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and relocate any tracks or additional facilities or structures upon, over, under or across the Premises; and (c) to use the Premises in any manner as the Grantor in its sole discretion deems appropriate, provided Grantor uses all commercially reasonable efforts to avoid material interference with the use of the Premises by Grantee for the Easement Purpose. Form 703; Rev. 02/12/10 2 1.4 Term of Easement. The term of the Easement, unless sooner terminated under provisions of this Easement Agreement, shall be perpetual. Section 2 Compensation. Grantee shall pay Grantor, prior to the Effective Date, the sum of Six Thousand Two Hundred Fifty and No/100 Dollars ($6,250.00) as compensation for the grant of this Easement. Section 3 No Warranty of Any Conditions of the Premises. Grantee acknowledges that Grantor has made no representation whatsoever to Grantee concerning the state or condition of the Premises, or any personal property located thereon, or the nature or extent of Grantor's ownership interest in the Premises. Grantee has not relied on any statement or declaration of Grantor, oral or in writing, as an inducement to entering into this Easement Agreement, other than as set forth herein. GRANTOR HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR CONDITION OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF ANY SUCH PROPERTY, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES. GRANTOR SHALL NOT BE RESPONSIBLE TO GRANTEE OR ANY OF GRANTEE'S CONTRACTORS FOR ANY DAMAGES RELATING TO THE DESIGN, CONDITION, QUALITY, SAFETY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED USES. GRANTEE ACCEPTS ALL RIGHTS GRANTED UNDER THIS EASEMENT AGREEMENT IN THE PREMISES IN AN "AS IS, WHERE IS" AND "WITH ALL FAULTS" CONDITION, AND SUBJECT TO ALL LIMITATIONS ON GRANTOR'S RIGHTS, INTERESTS AND TITLE TO THE PREMISES. Grantee has inspected or will inspect the Premises, and enters upon Grantor's rail corridor and property with knowledge of its physical condition and the danger inherent in Grantor's rail operations on or near the Premises. Grantee acknowledges that this Easement Agreement does not contain any implied warranties that Grantee or Grantee's Contractors (as hereinafter defined) can successfully construct or operate the Improvements. Section 4 Nature of Grantor's Interest in the Premises. GRANTOR DOES NOT WARRANT ITS TITLE TO THE PREMISES NOR UNDERTAKE TO DEFEND GRANTEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. In case of the eviction of Grantee by anyone owning or claiming title to or any interest in the Premises, or by the abandonment by Grantor of the affected rail corridor, Grantor shall not be liable to refund Grantee any compensation paid hereunder. Section 5 Plans and Specifications for Improvements. Grantee shall submit to Grantor for its review and approval detailed information concerning the design, location and configuration of the Improvements ("Plans and Specifications"). As soon as reasonably practicable after Grantor's receipt of the Plans and Specifications and other information required by Grantor about the proposed location of the Improvements, Grantor will notify Grantee in writing whether Grantor has approved or disapproved the design, location and configuration of the proposed Improvements or the Plans and Specifications, and shall include one or more reasons for any disapproval. Grantor may disapprove the Plans and Specifications only where, in Grantor’s sole judgment, construction, maintenance, operation or removal of all or any part of the Improvements constructed in accordance with the Plans and Specifications would cause Grantee to violate any of the provisions of Section 6.3 hereof. Following any disapproval, Grantee shall have the right to modify the location, configuration or other aspects of the Plans and Specifications of the proposed Improvements and to resubmit such modified information to Grantor for its further review and approval. Grantor may approve or disapprove the Plans and Specifications in Grantor’s sole discretion. Any approval or consent by Grantor of any of such plans shall in no way obligate Grantor in any manner with respect to the finished product design and/or construction. Any such consent or approval shall mean only that such Plans and Specifications meet the subjective standards of Grantor, and such consent or approval by Grantor shall not be deemed to mean that such Plans and Specifications or construction are structurally sound and appropriate or that such Plans and Specifications or construction meet the applicable construction standards or codes. Any deficiency in design or construction, notwithstanding the prior approval of Grantor, shall be solely the responsibility of Grantee. Form 703; Rev. 02/12/10 3 Section 6 Improvements. 6.1 Construction of Improvements. Grantee, and Grantee's Contractors, at Grantee's sole cost and expense, shall locate, configure, construct and maintain the Improvements: (i) in a good and workmanlike manner and in strict accordance with the Plans and Specifications approved by Grantor pursuant to the provisions of Section 5 above, (ii) in conformance with applicable building uses and all applicable engineering, safety and other Laws, (iii) in accordance with the highest accepted industry standards of care, skill and diligence, and (iv) in such a manner as shall not adversely affect the structural integrity or maintenance of the Premises, any structures on or near the Premises, or any lateral support of structures adjacent to or in the proximity of the Premises. The construction of the Improvements within the Premises shall be completed by Grantee and Grantee's Contractors within one (1) year after the Effective Date. Grantee shall provide as built drawings of all Improvements to Grantor promptly upon completion of construction and shall use its best efforts to cause such as built drawings to be electronically accessible to Grantor. 6.2 Maintenance of Improvements. Grantee shall at all times during the term of this Easement Agreement, at Grantee's sole cost and expense, keep and maintain the Improvements located upon the Premises in a structurally safe and sound condition, in good repair and in compliance with the Plans and Specifications and this Easement Agreement. Grantee shall also promptly repair any damage to the Premises or the Improvements caused, either in whole or in part, by Grantee Parties (as hereinafter defined). Grantee shall not cause or permit another person to cause any damage to the Premises or the Improvements, and Grantee shall be responsible for any such damage which may occur as a result of any Grantee Party's action or inaction. Grantee shall not permit the existence of any nuisance or the accumulation of junk, debris or other unsightly materials on the Premises and shall keep the Premises in a clean and safe condition. Grantee shall, at its sole cost and expense, remove ice and snow from the Premises. Grantee shall keep the Premises free and clear from combustible materials and to cut and remove or cause to be cut and removed at its sole expense all weeds and vegetation on the Premises, said work of cutting and removal to be done at such times and with such frequency as to comply with local Laws and regulations and abate any and all hazard of fire. Grantor shall have no obligation whatsoever, monetary or non-monetary, to maintain the Improvements in the Premises. 6.3 No Interference. During the construction of, and any subsequent maintenance performed on, operation of, or removal of, all or any portion of the Improvements, Grantee, at Grantee's sole cost, shall perform all activities and work on or near Grantor's rail corridor or property and/or the Premises in such a manner as to preclude injury to persons or damage to the property of Grantor, or any party on or with property on Grantor's rail corridor or property, and shall ensure that there is no interference with the railroad operations or other activities of Grantor, or anyone present on Grantor's rail corridor or property with the authority or permission of Grantor. Grantee shall not disturb any improvements of Grantor or Grantor's existing lessees, licensees, license beneficiaries or lien holders, if any, or interfere with the use of such improvements. Grantor may direct one of its field engineers to observe or inspect the construction, maintenance, operation or removal of the Improvements, or any portion thereof, at any time to ensure such safety and noninterference, and to ensure that the Improvements comply with the Plans and Specifications. If any Grantee Party is ordered at any time to leave the Premises or to halt any activity on the Premises, then the party conducting that activity immediately shall cease such activity and leave the Premises, if the order was issued by Grantor's personnel to promote safety, such noninterference with other activities or property, or because the Improvements were not in compliance with this Easement Agreement. Notwithstanding the foregoing right of Grantor, Grantor has no duty or obligation to observe or inspect, or to halt work on, the Premises, it being solely Grantee's responsibility to ensure that the Improvements are constructed, maintained, operated and removed in strict accordance with all Laws, safety measures, such noninterference and the Plans and Specifications and in compliance with all terms hereof. Neither the exercise nor the failure by Grantor to exercise any right set forth in this Section 6.3 shall alter the liability allocation set forth in this Easement Agreement. 6.4 No Alterations. Except as may be shown in the Plans and Specifications approved by Grantor for the Easement, Grantee may not make any alterations to the Premises, or permanently affix anything to the Premises, without Grantor's prior written consent. If Grantee desires to change either the location of any of the Improvements or any other aspect of the Plans and Specifications of any of the Improvements, Grantee shall submit such change and modified Plans and Specifications to Grantor in writing for its approval in the same manner as provided for in Section 5. Grantee shall have no right to commence any such change until after Grantee has received Grantor's approval of such change in writing. Form 703; Rev. 02/12/10 4 6.5 Approvals; Compliance with Laws and Safety Rules. (a) Grantee shall take, in a timely manner, all actions necessary and proper to the lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as may be necessary to obtain any required approvals or authorizations from applicable governmental authorities. (b) Prior to entering the Premises, and at all times during the term of this Easement Agreement, Grantee shall comply, and shall cause its contractor, any subcontractor, any assignee, and any contractor or subcontractor of any assignee performing work on the Premises or entering the Premises on behalf of Grantee (collectively, "Grantee's Contractors"), to comply, with all applicable federal, state and local laws, regulations, ordinances, restrictions, covenants and court or administrative decisions and orders, including Environmental Laws (defined below) (collectively, "Laws"), and all of Grantor's applicable safety rules and regulations including those found on the website noted below in Section 6.5(c). (c) No Grantee Party may enter the Premises without first having completed Grantor's safety orientation found on the website: www.BNSFcontractorn.com. 6.6 Other Improvements. In the event any construction, repair, maintenance, work or other use of the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively, "Other Improvements"), Grantee will be responsible at Grantee's sole risk to locate and make any adjustments necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying them of any work that may damage these Other Improvements and/or interfere with their service and obtain the owner's written approval prior to so affecting the Other Improvements. Grantee must mark all Other Improvements on the Plans and Specifications and mark such Other Improvements in the field in order to verify their locations. Grantee must also use all reasonable methods when working on or near Grantor property to determine if any Other Improvements (fiber optic, cable, communication or otherwise) may exist. 6.7 Flagging and Other Costs. Grantee shall not conduct any activities on, or be present on, any portion of the Premises or Grantor's rail corridor or property that is within twenty-five (25) feet of any active railroad track, except in the presence of a flagman. In any case where a flagman or flagmen are required in connection with the presence of individuals on Grantor's rail corridor or the Premises, Grantee shall provide as much advance notice as possible prior to any entry upon the Premises. Grantor shall arrange for the presence of the flagman or flagmen as soon as practicable after receipt of such notice from Grantee. Grantee shall reimburse to Grantor, within thirty (30) days following Grantee's receipt of each bill therefor, Grantor's costs in arranging for and providing the flagman or flagmen, which shall be billed to Grantee at Grantor's then applicable standard rate. The estimated cost of one flagger as of the Effective Date is $600 for an eight hour basic day with time and one-half or double time for overtime, rest days and holidays, plus the cost of any vehicle rental costs or other out-of-pocket costs. Grantee agrees to reimburse Grantor (within thirty (30) days after receipt of a bill therefor) for all other costs and expenses incurred by Grantor in connection with Grantee's use of the Premises or the presence, construction, maintenance, and use of the Improvements situated thereon. 6.8 No Unauthorized Tests or Digging. Grantee, and Grantee's Contractors, must not conduct any tests, investigations or any other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad track on Grantor's rail corridor or property (whether or not such centerline is located within the Premises), except after Grantee has obtained written approval from Grantor, and then only in strict accordance with the terms and any conditions of such approval. 6.9 Boring. Prior to conducting any boring work on or near Grantor's rail corridor or property (which shall only be permitted within the Premises), Grantee and Grantee's Contractors shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, provided, however, that in lieu of the Form 703; Rev. 02/12/10 5 foregoing, Grantee shall have the right to use suitable detection equipment or other generally accepted industry practice (e.g., consulting with the Underground Services Association) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment. Upon Grantee's written request, which shall be made thirty (30) business days in advance of Grantee's proposed construction or modification of Improvements, Grantor will provide to Grantee any information that Grantor has in the possession of its Engineering Department concerning the existence and approximate location of Grantor's underground utilities and pipelines at or near the vicinity of the proposed Improvements. Prior to conducting any boring work, Grantee, and Grantee's Contractors, shall review all such material. Grantor does not warrant the accuracy or completeness of information relating to subsurface conditions and Grantee's, and Grantee's Contractors', operations at all times shall be subject to the liability provisions set forth herein. For all bores greater than 20 inches in diameter and at a depth less than ten (10) feet below the bottom of a rail, Grantee, and Grantee's Contractors, shall perform a soil investigation which must be reviewed by Grantor prior to construction. This study is to determine if granular material is present, and to prevent subsidence during the installation process. If the investigation determines in Grantor's reasonable opinion that granular material is present, Grantor may select a new location for Grantee's use, or may require Grantee, and Grantee's Contractors, to furnish for Grantor's review and approval, in Grantor's sole discretion, a remedial plan to deal with the granular material. Once Grantor has approved any such remedial plan in writing, Grantee, and Grantee's Contractors, at Grantee's sole cost, shall carry out the approved plan in accordance with all terms thereof and hereof. Any open hole, boring or well constructed on the Premises by Grantee, or Grantee's Contractors, shall be safely covered and secured at all times when anyone who is not creating it, working in it or using it as permitted hereunder is present in the actual vicinity thereof. Following completion of that portion of the work, all holes or borings constructed on the Premises shall be promptly filled in by Grantee and Grantee's Contractors to surrounding ground level with compacted bentonite grout, or otherwise secured or retired in accordance with any applicable Laws. No excavated materials may remain on Grantor's rail corridor or property for more than ten (10) days, and must be properly disposed of by Grantee and Grantee's Contractors in accordance with applicable Laws. 6.10 Drainage of Premises and Property. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance, or future alteration of the Premises shall be made and maintained by Grantee in such manner, form and to the extent as will provide adequate drainage of and from the Premises and Grantor’s adjoining right of way; and wherever any such fill or embankment shall or may obstruct the natural and pre-existing drainage from the Property and Grantor’s adjoining right of way, Grantee shall construct and maintain such culverts or drains within the Premises as may be requisite to preserve such natural and pre- existing drainage. Grantee shall wherever necessary, construct extensions of existing drains, culverts or ditches through or along the Premises, such extensions to be of adequate sectional dimensions to preserve flowage of drainage or other waters, and/or material and workmanship equally as good as those now existing. 6.11 Taxes and Recording Fees. Grantee shall pay when due any taxes, assessments or other charges (collectively, "Taxes") levied or assessed upon the Improvements by any governmental or quasi- governmental body or any Taxes levied or assessed against Grantor or the Premises that are attributable to the Improvements. Grantee agrees to purchase, affix and cancel any and all documentary stamps in the amount prescribed by statute, and to pay any and all required transfer taxes, excise taxes and any and all fees incidental to recordation of the Memorandum of Easement. In the event of Grantee's failure to do so, if Grantor shall become obligated to do so, Grantee shall be liable for all costs, expenses and judgments to or against Grantor, including all of Grantor's legal fees and expenses. 6.12 Modification, Relocation or Removal of Improvements. If at any time, Grantor desires the use of its rail corridor in such a manner that, in Grantor's reasonable opinion, would be interfered with by any portion of the Improvements or the Easement, Grantee, at Grantee's sole cost, shall make such changes in the Improvements and/or Premises that, in the sole discretion of Grantor, are necessary to avoid interference with the proposed use of Grantor's property, including, without limitation, Grantee relocating or removing all or a portion of the Improvements from the Premises. Grantor acknowledges that, in some instances, Improvements will not need to be moved or removed from the Premises, but can be protected in place, subject to approval by Grantor's engineering department. Grantee hereby waives any rights that it may have to use condemnation Laws to keep Improvements in place and not relocate or remove the Improvements where relocation or removal is required by Grantor. Where it is practicable to do so, Grantor shall provide to Grantee at least one hundred twenty (120) days prior written notice that Improvements must be modified, removed or relocated, and in Form 703; Rev. 02/12/10 6 circumstances where one hundred twenty (120) days notice is not practicable, Grantor shall provide to Grantee as much notice as it reasonably can, and in no case less than twenty (20) days prior written notice. Grantee shall ensure that all Improvements are modified, removed or relocated as required on or before the date set forth in Grantor's written notice. Section 7 Indemnification. 7.1 TO THE FULLEST EXTENT PERMITTED BY LAW, GRANTEE SHALL, AND SHALL CAUSE GRANTEE'S CONTRACTORS, SUBCONTRACTORS, AGENTS, INVITEES, LESSEES, LICENSEES AND PERMITTEES TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS GRANTOR AND GRANTOR'S AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION, REMOVAL AND REMEDIATION AND GOVERNMENTAL OVERSIGHT COSTS) ENVIRONMENTAL OR OTHERWISE (COLLECTIVELY, "LIABILITIES") OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART): (i) THIS EASEMENT AGREEMENT, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL PROVISIONS, (ii) ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS EASEMENT AGREEMENT, (iii) OCCUPATION AND USE OF THE PREMISES BY GRANTEE'S OR GRANTEE'S CONTRACTORS, SUBCONTRACTORS, AGENTS, INVITEES, LESSEES, LICENSEES AND PERMITTEES, OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER (INDIVIDUALLY, A "GRANTEE PARTY," AND COLLECTIVELY, "GRANTEE PARTIES"), (iv) THE ENVIRONMENTAL CONDITION AND STATUS OF THE PREMISES CAUSED BY OR CONTRIBUTED TO BY GRANTEE PARTIES, OR (v) ANY ACT OR OMISSION OF GRANTEE PARTIES, EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO, IN WHOLE OR IN PART, ANY NEGLIGENCE OF ANY INDEMNITEE. THE ONLY LIABILITIES WITH RESPECT TO WHICH GRANTEE'S OBLIGATION TO INDEMNIFY THE INDEMNITEES DOES NOT APPLY ARE LIABILITIES TO THE EXTENT PROXIMATELY CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AN INDEMNITEE. THE FOREGOING OBLIGATIONS OF LICENSEGRANTEEE SHALL NOT APPLY TO THE EXTENT LIABILITIES ARE PROXIMITELY CAUSED BY (1) THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AN INDEMNITEE OR (2) THE SOLE NEGLIGENCE OF AN INDEMNITEE BUT SHALL APPLY TO ALL OTHER LIABILITIES, INCLUDING THOSE ARISING FROM OR ATTRIBUTED TO ANY OTHER NEGLIGENCE OF ANY INDEMNITEE. 7.2 TO THE FULLEST EXTENT PERMITTED BY LAW, NOTWITHSTANDING THE LIMITATION IN SECTION 7.1, GRANTEE SHALL, AND SHALL CAUSE GRANTEE'S CONTRACTORS, SUBCONTRACTORS, AGENTS, INVITEES, LESSEES, LICENSEES AND PERMITTEES TO, NOW AND FOREVER WAIVE ANY AND ALL CLAIMS, REGARDLESS WHETHER BASED ON STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, THAT GRANTOR IS AN "OWNER", "OPERATOR", "ARRANGER", OR "TRANSPORTER" WITH RESPECT TO THE IMPROVEMENTS FOR THE PURPOSES OF CERCLA OR OTHER ENVIRONMENTAL LAWS. GRANTEE WILL INDEMNIFY, DEFEND AND HOLD THE INDEMNITEES HARMLESS FROM ANY AND ALL SUCH CLAIMS REGARDLESS OF THE NEGLIGENCE OF THE INDEMNITEES. GRANTEE FURTHER AGREES THAT THE USE OF THE PREMISES AS CONTEMPLATED Form 703; Rev. 02/12/10 7 BY THIS EASEMENT AGREEMENT SHALL NOT IN ANY WAY SUBJECT GRANTOR TO CLAIMS THAT GRANTOR IS OTHER THAN A COMMON CARRIER FOR PURPOSES OF ENVIRONMENTAL LAWS AND EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FOR ANY AND ALL SUCH CLAIMS. IN NO EVENT SHALL GRANTOR BE RESPONSIBLE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES. 7.3 TO THE FULLEST EXTENT PERMITTED BY LAW, GRANTEE SHALL, AND SHALL CAUSE GRANTEE'S CONTRACTORS, SUBCONTRACTORS, AGENTS, INVITEES, LESSEES, LICENSEES AND PERMITTEES TO, REGARDLESS OF ANY NEGLIGENCE OR ALLEGED NEGLIGENCE OF ANY INDEMNITEE, INDEMNIFY AND HOLD HARMLESS THE INDEMNITEES AGAINST AND ASSUME THE DEFENSE OF ANY LIABILITIES ASSERTED AGAINST OR SUFFERED BY ANY INDEMNITEE UNDER OR RELATED TO THE FEDERAL EMPLOYERS' LIABILITY ACT ("FELA") WHENEVER EMPLOYEES OF GRANTEE, OR ANY OF ITS CONTRACTORS, SUBCONTRACTORS, AGENTS, INVITEES, LESSEES, LICENSEES OR PERMITTEES, CLAIM OR ALLEGE THAT THEY ARE EMPLOYEES OF ANY INDEMNITEE OR OTHERWISE. THIS INDEMNITY SHALL ALSO EXTEND, ON THE SAME BASIS, TO FELA CLAIMS BASED ON ACTUAL OR ALLEGED VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE SAFETY APPLIANCE ACT, THE LOCOMOTIVE INSPECTION ACT, THE OCCUPATIONAL SAFETY AND HEALTH ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE. 7.4 Upon written notice from Grantor, Grantee agrees to assume the defense of any lawsuit or other proceeding brought against any Indemnitee by any entity, relating to any matter covered by this Easement Agreement for which Grantee has an obligation to assume liability for and/or save and hold harmless any Indemnitee. Grantee shall pay all costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments. Section 8 Insurance. Grantee shall, at its sole cost and expense, procure and maintain during the life of this Easement Agreement the following insurance coverage: A. Commercial General Liability Insurance. This insurance shall contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $4,000,000 but in no event less than the amount otherwise carried by Grantee.. . Coverage must be purchased on a post 1998 ISO occurrence or equivalent and include coverage for, but not limited to, the following: Bodily Injury and Property Damage Personal Injury and Advertising Injury Fire legal liability Products and completed operations This policy shall also contain the following endorsements, which shall be indicated on the certificate of insurance: The definition of insured contract shall be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. Waiver of subrogation in favor of and acceptable to Railway. Additional insured endorsement in favor of and acceptable to Railway and Jones, Lang, LaSalle Global Services RR, Inc. Separation of insureds. The policy shall be primary and non-contributing with respect to any insurance carried by Railway. Form 703; Rev. 02/12/10 8 It is agreed that the workers’ compensation and employers’ liability related exclusions in the Commercial General Liability insurance policy(s) required herein are intended to apply to employees of the policy holder and shall not apply to Railway employees. No other endorsements limiting coverage may be included on the policy. B. Business Automobile Insurance. This insurance shall contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: Bodily injury and property damage Any and all vehicles owned, used or hired This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: Waiver of subrogation in favor of and acceptable to Railway. Additional insured endorsement in favor or and acceptable to Railway. Separation of insureds. The policy shall be primary and non-contributing with respect to any insurance carried by Railway. C. Workers Compensation and Employers Liability Insurance. This insurance shall include coverage for, but not limited to: Grantee's statutory liability under the worker's compensation Laws of the state(s) in which the work is to be performed. If optional under State Law, the insurance must cover all employees anyway. Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. This policy shall also contain the following endorsements or language, which shall be indicated on the certificate of insurance: Waiver of subrogation in favor of and acceptable to Railway. D. Railroad Protective Liability Insurance is required if there is any construction or demolition activities. This insurance shall name only the Railway as the Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The policy shall be issued on a standard ISO form CG 00 35 10 93 and include the following: Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10 93) Endorsed to include the Limited Seepage and Pollution Endorsement. Endorsed to include Evacuation Expense Coverage Endorsement. No other endorsements restricting coverage may be added. The original policy must be provided to the Railway prior to performing any work or services under this Easement Agreement If available and in lieu of providing a Railroad Protective Liability Policy, Grantee may participate in the Railway's Blanket Railroad Protective Liability Insurance Policy available to Grantee or its contractor. The limits of coverage are the same as above. The cost is $_____________. I elect to participate in Grantor's Blanket Policy; I elect not to participate in Grantor's Blanket Policy. Other Requirements: Where allowable by law, all policies (applying to coverage listed above) shall contain no exclusion for punitive damages and certificates of insurance shall reflect that no exclusion exists. Form 703; Rev. 02/12/10 9 Grantee agrees to waive its right of recovery against Railway for all claims and suits against Railway. In addition, its insurers, through policy endorsement, waive their right of subrogation against Railway for all claims and suits. The certificate of insurance must reflect waiver of subrogation endorsement. Grantee further waives its right of recovery, and its insurers also waive their right of subrogation against Railway for loss of its owned or leased property or property under its care, custody, or control. Grantee is not allowed to self-insure without the prior written consent of Railway. If granted by Railway, any deductible, self-insured retention or other financial responsibility for claims shall be covered directly by Grantee in lieu of insurance. Any and all Railway liabilities that would otherwise, in accordance with the provisions of this Easement Agreement, be covered by Grantee's insurance will be covered as if Grantee elected not to include a deductible, self-insured retention, or other financial responsibility for claims. Prior to commencing work, Grantee shall furnish to Railway an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Railway in writing at least 30 days prior to any cancellation, non-renewal, substitution or material alteration. This cancellation provision shall be indicated on the certificate of insurance. Upon request from Railway, a certified duplicate original of any required policy shall be furnished. Any insurance policy shall be written by a reputable insurance company acceptable to Railway or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. Grantee represents that this Easement Agreement has been thoroughly reviewed by Grantee's insurance agent(s)/broker(s), who have been instructed by Grantee to procure the insurance coverage required by this Easement Agreement. Allocated Loss Expense shall be in addition to all policy limits for coverages referenced above. Not more frequently than once every five years, Railway may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. If any portion of the operation is to be subcontracted by Grantee, Grantee shall require that the subcontractor shall provide and maintain insurance coverages as set forth herein, naming Railway as an additional insured, and shall require that the subcontractor shall release, defend and indemnify Railway to the same extent and under the same terms and conditions as Grantee is required to release, defend and indemnify Railway herein. Failure to provide evidence as required by this Section 8 shall entitle, but not require, Railway to terminate the Easement immediately. Acceptance of a certificate that does not comply with this Section 8 shall not operate as a waiver of Grantee's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Grantee shall not be deemed to release or diminish the liability of Grantee including, without limitation, liability under the indemnity provisions of this Easement Agreement. Damages recoverable by Railway shall not be limited by the amount of the required insurance coverage. For purposes of this Section 8, Railway shall mean "Burlington Northern Santa Fe, LLC", "BNSF Railway Company" and the subsidiaries, successors, assigns and affiliates of each. Section 9 Environmental. 9.1 Compliance with Environmental Laws. Grantee shall strictly comply with all federal, state and local environmental Laws in its use of the Premises, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Form 703; Rev. 02/12/10 10 Transportation Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Toxic Substances Control Act (collectively referred to as the "Environmental Laws"). Grantee shall not maintain a "treatment," "storage," "transfer" or "disposal" facility, or "underground storage tank," as those terms are defined by Environmental Laws, on the Premises. Grantee shall not handle, transport, release or suffer the release of "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances" may now or in the future be defined by any Environmental Laws. 9.2 Notice of Release. Grantee shall give Grantor immediate notice to Grantor's Resource Operations Center at (800) 832-5452 of any release of hazardous substances on or from the Premises, violation of Environmental Laws, or inspection or inquiry by governmental authorities charged with enforcing Environmental Laws with respect to Grantee's use of the Premises. Grantee shall use its best efforts to promptly respond to any release on or from the Premises. Grantee also shall give Grantor immediate notice of all measures undertaken on behalf of Grantee to investigate, remediate, respond to or otherwise cure such release or violation. 9.3 Remediation of Release. In the event that Grantor has notice from Grantee or otherwise of a release or violation of Environmental Laws which occurred or may occur during the term of this Easement Agreement, Grantor may require Grantee, at Grantee's sole risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises. If during the construction or subsequent maintenance of the Improvements, soils or other materials considered to be environmentally contaminated are exposed, Grantee will remove and safely dispose of said contaminated soils. Determination of soils contamination and applicable disposal procedures thereof, will be made only by an agency having the capacity and authority to make such a determination. 9.4 Preventative Measures. Grantee shall promptly report to Grantor in writing any conditions or activities upon the Premises known to Grantee which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to persons or property arising out of such conditions or activities; provided, however, that Grantee's reporting to Grantor shall not relieve Grantee of any obligation whatsoever imposed on it by this Easement Agreement. Grantee shall promptly respond to Grantor's request for information regarding said conditions or activities. 9.5 Evidence of Compliance. Grantee agrees periodically to furnish Grantor with proof satisfactory to Grantor that Grantee is in compliance with this Section 9. Should Grantee not comply fully with the above- stated obligations of this Section 9, notwithstanding anything contained in any other provision hereof, Grantor may, at its option, terminate this Easement Agreement by serving five (5) days' notice of termination upon Grantee. Upon termination, Grantee shall remove the Improvements and restore the Premises as provided in Section 12. Section 10 PERSONAL PROPERTY WAIVER. ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK OF GRANTEE ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE. Section 11 Default and Termination. 11.1 Grantor's Performance Rights. If at any time Grantee, or Grantee's Contractors, fails to properly perform its obligations under this Easement Agreement, Grantor, in its sole discretion, may: (i) seek specific performance of the unperformed obligations, or (ii) at Grantee's sole cost, may arrange for the performance of such work as Grantor deems necessary for the safety of its rail operations, activities and property, or to avoid or remove any interference with the activities or property of Grantor, or anyone or anything present on the rail corridor or property with the authority or permission of Grantor. Grantee shall promptly reimburse Grantor for all costs of work performed on Grantee's behalf upon receipt of an invoice for such costs. Grantor's failure to perform any obligations of Grantee or Grantee's Contractors shall not alter the liability allocation set forth in this Easement Agreement. Form 703; Rev. 02/12/10 11 11.2 Grantor's Termination Rights. Grantor may, at its option, terminate this Easement Agreement by serving five (5) days' notice in writing upon Grantee: (i) if default shall be made in any of the covenants or agreements of Grantee contained in this Easement Agreement, (ii) in case of any assignment or transfer of the Easement by operation of law, or (iii) if Grantee should abandon or cease to use the Premises for the Easement Purpose. Any waiver by Grantor of any default or defaults shall not constitute a waiver of the right to terminate this Easement Agreement for any subsequent default or defaults, nor shall any such waiver in any way affect Grantor's ability to enforce any section of this Easement Agreement. 11.3 Effect of Termination or Expiration. Neither termination nor expiration will release Grantee from any liability or obligation under this Easement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date the Premises are restored as required by Section 12. 11.4 Non-exclusive Remedies. The remedies set forth in this Section 11 shall be in addition to, and not in limitation of, any other remedies that Grantor may have at law or in equity. Section 12 Surrender of Premises. 12.1 Removal of Improvements and Restoration. Upon termination of this Easement Agreement, whether by abandonment of the Easement or by the exercise of Grantor's termination rights hereunder, Grantee shall, at its sole cost and expense, immediately perform the following: (a) remove all or such portion of Grantee's Improvements and all appurtenances thereto from the Premises, as Grantor directs at Grantor's sole discretion; (b) repair and restore any damage to the Premises arising from, growing out of, or connected with Grantee's use of the Premises; (c) remedy any unsafe conditions on the Premises created or aggravated by Grantee; and (d) leave the Premises in the condition which existed as of the Effective Date. 12.2 Limited License for Entry. If this Easement Agreement is terminated, Grantor may direct Grantee to undertake one or more of the actions set forth above, at Grantee's sole cost, in which case Grantee shall have a limited license to enter upon the Premises to the extent necessary to undertake the actions directed by Grantor. The terms of this limited license include all of Grantee's obligations under this Easement Agreement. Termination will not release Grantee from any liability or obligation under this Easement Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination, or, if later, the date when Grantee's Improvements are removed and the Premises are restored to the condition that existed as of the Effective Date. If Grantee fails to surrender the Premises to Grantor upon any termination of the Easement, all liabilities and obligations of Grantee hereunder shall continue in effect until the Premises are surrendered. Section 13 Liens. Grantee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Grantee on the Premises or attributable to Taxes that are the responsibility of Grantee pursuant to Section 6. Grantor is hereby authorized to post any notices or take any other action upon or with respect to the Premises that is or may be permitted by Law to prevent the attachment of any such liens to any portion of the Premises; provided, however, that failure of Grantor to take any such action shall not relieve Grantee of any obligation or liability under this Section 13 or any other section of this Easement Agreement. Section 14 Tax Exchange. Grantor may assign its rights (but not its obligations) under this Easement Agreement to Goldfinch Exchange Company LLC, an exchange intermediary, in order for Grantor to effect an exchange under Section 1031 of the Internal Revenue Code. In such event, Grantor shall provide Grantee with a Notice of Assignment, attached as Exhibit C, and Grantee shall execute an acknowledgement of receipt of such notice. Form 703; Rev. 02/12/10 12 Section 15 Notices. Any notice required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given and shall be deemed to have been served and given if (i) placed in the United States mail, certified, return receipt requested, or (ii) deposited into the custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the address for such party specified below, or to such other address as the party to be notified may designate by giving the other party no less than thirty (30) days' advance written notice of such change in address. If to Grantor: BNSF Railway Company 2650 Lou Menk Dr Fort Worth, Texas 76131-2830 Attn: Director of Real Estate With a copy to: JLL Rail Practice Group 2650 Lou Menk Dr Fort Worth, Texas 76131-2830 Attention: Real Estate If to Grantee: United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Attn: John Purcell, Mayor Section 16 Recordation. It is understood and agreed that this Easement Agreement shall not be in recordable form and shall not be placed on public record and any such recording shall be a breach of this Easement Agreement. Grantor and Grantee shall execute a Memorandum of Easement in the form attached hereto as Exhibit "B" (the "Memorandum of Easement") subject to changes required, if any, to conform such form to local recording requirements. The Memorandum of Easement shall be recorded in the real estate records in the county where the Premises are located. If a Memorandum of Easement is not executed by the parties and recorded as described above within 90 days of the Effective Date, Grantor shall have the right to terminate this Easement Agreement upon notice to Grantee. Section 17 Miscellaneous. 17.1 All questions concerning the interpretation or application of provisions of this Easement Agreement shall be decided according to the substantive Laws of the State of Texas without regard to conflicts of law provisions. 17.2 In the event that Grantee consists of two or more parties, all the covenants and agreements of Grantee herein contained shall be the joint and several covenants and agreements of such parties. This instrument and all of the terms, covenants and provisions hereof shall inure to the benefit of and be binding upon each of the parties hereto and their respective legal representatives, successors and assigns and shall run with and be binding upon the Premises. 17.3 If any action at law or in equity is necessary to enforce or interpret the terms of this Easement Agreement, the prevailing party or parties shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party or parties may be entitled. 17.4 If any provision of this Easement Agreement is held to be illegal, invalid or unenforceable under present or future Laws, such provision will be fully severable and this Easement Agreement will be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining Form 703; Rev. 02/12/10 13 provisions hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will be added automatically as a part of this Easement Agreement a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable. 17.5 This Easement Agreement is the full and complete agreement between Grantor and Grantee with respect to all matters relating to Grantee's use of the Premises, and supersedes any and all other agreements between the parties hereto relating to Grantee's use of the Premises as described herein. However, nothing herein is intended to terminate any surviving obligation of Grantee or Grantee's obligation to defend and hold Grantor harmless in any prior written agreement between the parties. 17.6 Time is of the essence for the performance of this Easement Agreement. Section 18. Administrative Fee Grantee acknowledges that a material consideration for this agreement, without which it would not be made, is the agreement between Grantee and Grantor, that the Grantee shall pay upon return of this Agreement signed by Grantee to Grantor's Broker a processing fee in the amount of $2,000.00 over and above the agreed upon Acquisition Price. Said fee shall be made payable to BNSF Railway Company by a separate check. Witness the execution of this Easement Agreement as of the date first set forth above. GRANTOR: BNSF RAILWAY COMPANY, a Delaware corporation By: Name: Title: GRANTEE: UNITED CITY OF YORKVILLE, a ______________________________________ By: Name: Title: Exhibit "A" EXHIBIT "A" Premises Exhibit "B" Page 1 of 2 EXHIBIT "B" Exhibit "B" Page 2 of 2 Memorandum of Easement THIS MEMORANDUM OF EASEMENT is hereby executed this day of , 20___, by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Grantor"), whose address for purposes of this instrument is 2650 Lou Menk Drive, Fort Worth, Texas 76131, and the UNITED CITY OF YORKVILLE, a _______________("Grantee"), whose address for purposes of this instrument is _________________________________, which terms "Grantor" and "Grantee" shall include, wherever the context permits or requires, singular or plural, and the heirs, legal representatives, successors and assigns of the respective parties: WITNESSETH: WHEREAS, Grantor owns or controls certain real property situated in Kendall County, Illinois as described on Exhibit "A" attached hereto and incorporated herein by reference (the "Premises'); WHEREAS, Grantor and Grantee entered into an Easement Agreement, dated (the "Easement Agreement") which set forth, among other things, the terms of an easement granted by Grantor to Grantee over and across a portion of the Premises (the "Easement"); and WHEREAS, Grantor and Grantee desire to memorialize the terms and conditions of the Easement Agreement of record. For valuable consideration the receipt and sufficiency of which are hereby acknowledged, Grantor does grant unto Grantee and Grantee does hereby accept from Grantor the Easement over and across the Premises. The term of the Easement, unless sooner terminated under provisions of the Easement Agreement, shall be perpetual. Provisions regulating the use and purposes to which the Easement shall be limited, are set forth in detail in the Easement Agreement and Grantor and Grantee agree to abide by the terms of the Easement Agreement. All the terms, conditions, provisions and covenants of the Easement Agreement are incorporated herein by this reference for all purposes as though written out at length herein, and both the Easement Agreement and this Memorandum of Easement shall be deemed to constitute a single instrument or document. This Memorandum of Easement is not intended to amend, modify, supplement, or supersede any of the provisions of the Easement Agreement and, to the extent there may be any conflict or inconsistency between the Easement Agreement or this Memorandum of Easement, the Easement Agreement shall control. [Signature page follows] Exhibit "B" Page 3 of 2 IN WITNESS WHEREOF, Grantor and Grantee have executed this Memorandum of Easement to as of the date and year first above written. GRANTOR: BNSF RAILWAY COMPANY, a Delaware corporation By: Name: Title: GRANTEE: The UNITED CITY OF YORKVILLE, a _____________________ By: Name: Title: STATE OF _______________ § § COUNTY OF _____________ § This instrument was acknowledged before me on the ___ day of _________________, 201__, by (name) as (title) of BNSF RAILWAY COMPANY, a Delaware corporation. Notary Public (Seal) My appointment expires: STATE OF _______________ § § COUNTY OF _____________ § This instrument was acknowledged before me on the ___ day of _________________, 201__, by (name) as (title) of ____________________________, a ______________________. Notary Public (Seal) My appointment expires: Exhibit "B" Page 4 of 2 Mill Rd PCL-16 178'(M) 1 0 5 '(M ) 178'(M) 1 0 5 '(M ) 079578N EXHIBIT "A" JLL TI #: - BW Proj. No.: 12196.003 MAP REFERENCE: STA. = - R/W = r50407 TO: CITY OF YORKVILLE AT: YORKVILLE KENDALL COUNTY, IL MEASUREMENTS BASED ON PROVIDED SURVEYS (S) MEASUREMENTS TAKEN OFF SURVEY (M) MEASUREMENTThis map used by BNSF RAILWAY COMPANY in the ordinary course of business, but it is subject to audit and should be used only with the expressed understandingthe BNSF make no representations whatsoever about the quality, accuracy, errors or omissions relating to this map.³ COORDINATE SYSTEM: IL_E DRAWING NO. 77713DRAWN BY:JNC CHICAGO DIVISION MENDOTA SUBDIVISION - L.S. 0001-2 VAL.SEC. 38017 CB&Q RR IL-04A, MAP 01 SEC. 11, T37N, R7E 3RD DATE: 1/21/2020 MP 43.74 1 IN = 50 FTSCALE: LEGEND: PERMANENT EASEMENT RIGHT OF WAY LINE PARCEL LINES TRACK Kendall ^_ T O : M O N T G O M E R Y T O : G A L E S B U R G MP 43.74 41.69500 9 -88.392 009 50'50'58' Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Administration Committee #1 Tracking Number ADM 2020-30 Treasurer’s Report for April 2020 City Council – May 26, 2020 ADM 05-20-20 Moved forward to City Council agenda. ADM 2020-30 Majority Approval Rob Fredrickson Finance Name Department Beginning Fund Balance April Revenues YTD Revenues Revenue Budget % of Budget April Expenses YTD Expenses Expense Budget % of Budget Projected Ending Fund Balance General Fund01 - General 6,879,823$ 1,069,910$ 16,792,671$ 16,469,238$ 102% 1,190,899$ 15,166,425$ 16,783,649$ 90% 8,506,069$ Special Revenue Funds15 - Motor Fuel Tax 635,382 61,115 735,736 534,904 138% 6,149 715,286 816,718 88% 655,832 79 - Parks and Recreation 452,914 106,256 2,256,289 2,244,988 101% 110,604 2,168,696 2,349,081 92% 540,508 72 - Land Cash 211,832 568 36,449 58,435 62% - 5,118 104,850 5% 243,163 87 - Countryside TIF (422,459) - 203,884 232,318 88% 939 923,209 923,808 100% (1,141,784) 88 - Downtown TIF (1,024,518) - 75,776 80,000 95% 3,354 288,342 426,484 68% (1,237,084) 89 - Downtown TIF II (2,736) - 24,171 - 0% - 95,234 35,000 272% (73,799) 11 - Fox Hill SSA 10,485 - 13,382 13,381 100% - 9,304 30,977 30% 14,562 12 - Sunflower SSA (22,626) - 18,140 18,140 100% - 10,644 13,977 76% (15,130) Debt Service Fund42 - Debt Service - 26,915 328,009 324,025 101% - 324,025 324,025 100% 3,984 Capital Project Funds25 - Vehicle & Equipment 496,042 10,809 1,020,610 207,368 492% 110,480 1,056,577 571,726 185% 460,076 23 - City-Wide Capital 629,429 164,671 1,358,824 4,172,029 33% 32,055 1,301,248 4,798,408 27% 687,005 Enterprise Funds *51 - Water 3,533,027 685,735 4,726,301 4,699,931 101% 148,063 4,824,877 5,779,725 83% 3,434,451 *52 - Sewer 1,110,251 287,047 2,219,882 2,149,679 103% 41,261 2,046,986 2,546,355 80% 1,283,147 Library Funds82 - Library Operations 554,271 2,112 1,589,088 1,576,751 101% 45,273 1,552,960 1,620,345 96% 590,399 84 - Library Capital 83,260 3,266 112,062 50,100 224% 7,184 59,960 75,500 79% 135,362 Total Funds 13,124,377$ 2,418,402$ 31,511,274$ 32,831,287$ 96% 1,696,262$ 30,548,892$ 37,200,628$ 82% 14,086,760$ * Fund Balance EquivalencyRob Fredrickson, Finance Director/TreasurerUNITED CITY OF YORKVILLE TREASURER'S REPORT - for the month ending April 30, 2020Cash BasisAs Treasurer of the United City of Yorkville, I hereby attest, to the best of my knowledge, that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Further information is available in the Finance Department. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Administration Committee #2 Tracking Number ADM 2020-34 Consolidation and Closure of Park & Recreation Bank Accounts City Council – May 26, 2020 ADM 05-20-20 Moved forward to City Council agenda. ADM 2020-34 Majority Approval Please see attached memo. Rob Fredrickson Finance Name Department Summary Approval of a resolution that consolidates and closes two Park & Recreation bank accounts at the First National Bank of Omaha (FNBO). Background Historically the Park & Recreation Department has maintained separate bank accounts from the City, consisting of an operating account (-0667) and a special events account (-0113); even though there is no legal requirement or operational efficiency to be gained by doing so. The closing of these two bank accounts would allow Park & Recreation monies to be consolidated (i.e. comingled) with other City funds, which is the same treatment applied to other City departments, such as Water, Sewer, Land Cash, etc. It would also streamline other financial processes by: Eliminating the need to transfer money back and forth between Parks & Recreation and City accounts in order to fund payroll, accounts payable, interfund transfers and reclassing journal entries. Reduce staff time when preparing the daily bank deposit, since Parks & Recreation cash would no longer need to be segregated from other City funds; thus, only one deposit would need to be prepared. Further reduces the amount of staff time spent on bank reconciliations, as there would be two less accounts to reconcile. It should be noted that Park & Recreation revenues, expenditures and fund balances would continue to be recorded as they always have, within the Parks & Recreation Fund (79) and the Parks & Recreation Capital cost center of the Vehicle & Equipment Fund (25). Moreover, the City’s accounting system would continue to track Park & Recreation cash, so we will know at all times what portion of the City’s total cash position is allocated to the Park & Recreation Department. The only difference would be where the money is physically housed (i.e. comingled with other City funds instead of a separate bank account). Recommendation Staff recommends approval of the attached resolution. Memorandum To: Administration Committee From: Rob Fredrickson, Finance Director Date: May 13, 2020 Subject: Consolidation & Closure of Park & Rec Bank Accounts Resolution No. 2020-____ Page 1 Resolution No. 2020-_____ A RESOLUTION AUTHORIZING THE CLOSURE OF A CHECKING ACCOUNT WITH FIRST NATIONAL BANK WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City desires to close certain bank accounts established for the payment of activities of the City’s Park and Recreation Department which are no longer required by said department. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Rob Fredrickson, Finance Director, be and is hereby authorized to direct the First National Bank to close the City’s account identified by the last four digits 0667 and the account identified by the last four digits 0113. Section 2. This Resolution shall be in full force and effect upon its package and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ________ day of ________, 2020. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ JACKIE MILSCHEWSKI _________ ARDEN JOE PLOCHER _________ CHRIS FUNKHOUSER _________ JOEL FRIEDERS _________ SEAVER TARULIS _________ JASON PETERSON _________ Resolution No. 2020-____ Page 2 Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____ day of _______________ 2020. ______________________________ MAYOR Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Administration Committee #3 Tracking Number ADM 2020-35 Code Amendment Title 1 Chapter 7 Section 3 City Council – May 26, 2020 ADM 05-20-20 Moved forward to City Council agenda. ADM 2020-35 Majority Approval See Attached Memo Carri Parker, Purchasing Manager Administration Name Department Summary Approval of an Ordinance to Amend the City Code, Title 1, Chapter 7, Subsection 3: Contracts and Purchases, to address two changes to the code regarding the procurement process and the disposal policy. Background This item was last discussed by the City Council in January 14, 2020, when the City Council expressed support for modifying the City’s current disposal policy, which states that anything having an original value of more than $500 must be approved by City Council before it can be disposed. Accordingly, we have drafted the attached ordinance which updates the value of staff-level disposal authority to $5,000 of residual value (as opposed to original value). The change in the old disposal policy (Exhibit B) to this proposal also aligns with Oswego’s policy for consistency in the Purchasing Manager position. For disposal of anything above $5,000, the City Council is still required to vote to approve disposal. The disposal policy was previously authorized by the City Council via resolution and was not codified. We have proposed to codify it by including it within the Contracts and Purchases section of City Code. Upon review of that section of the City Code, we felt it was also important to modify the purchasing code for purchases less than $25,000 to align with current processes. The Contracts and Purchases code was last updated in 2017 to increase the purchasing threshold to $25,000 from $20,000 but has otherwise not changed since 2011. During the 2008 discussion, the City threw out a business registration database, where companies could notify the City of what materials and goods they have for sale. For City purchases over $5,000, the City is supposed to quote out the purchase to all businesses in City limits that have registered for that type of a good or service. That database has never been widely used by the business community, despite a large push several years ago. Additionally, I don’t believe the informal quote to registered business has ever been successfully used by staff. As a result, we propose to remove all references to this process. Finally, we’ve added a section for cooperative purchasing due to the increase in shared services, joint purchasing and purchasing cooperatives, as this language will provide guidance when such procurements occur. Generally, the first section of the cooperative purchase code just directs the City Administrator to figure out joint procurement opportunities and use them when possible. The remaining content in the code references the state law governing Memorandum To: Administrative Committee From: Carri Parker, Purchasing Manager CC: Bart Olson, City Administrator Date: May 20, 2020 Subject: City Code Amendment to Title 1, Chapter 7, Subsection 3: Contracts and Purchases intergovernmental purchasing and reiterates that competitive bidding must still occur in expenditures beyond $25,000. For instance, Oswego could conduct a competitive bidding process for tree trimming. If the final bid was $40,000 annually for Oswego (and if the bid documents allow add-ons), Yorkville could then vote to approve a $40,000 contract for tree trimming with the same vendor under an intergovernmental agreement (i.e. – Yorkville has not conducted the competitive bidding process themselves). The red-lined changes to the City Code can be found in the attached Exhibit A. Recommendation Staff recommends the City Council approve the attached ordinance authorizing the proposed changes to the City Code, Title 1, Chapter 7, Subsection 3: Contracts and Purchases. Attachments Ordinance Exhibit A – Amended City Code Title 1 Chapter 7 Section 3: Contracts and Purchases – Red-lined Version Exhibit B – Resolution 2005-05 Disposal of Property Policy Ordinance No. 2020-____ Page 1 Ordinance No. 2020-______ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING THE YORKVILLE CITY CODE, TITLE 1, CHAPTER 7, SECTION 3: CONTRACTS AND PURCHASES WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, Title 1, Chapter 7, Section 1-7-3 of the Yorkville City Code, establishes procedures for all purchases and contracts to be accepted by the City; and, WHEREAS, the Mayor and the City Council (the “Corporate Authorities”) have reviewed the procedures for contracts and purchases and have determined that it is in the best interest of the City and its residents to amend Title 1, Chapter 7, Section 1-7-3 of the Yorkville City Code to provide for procurement of all goods and services required by the City. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Section 1-7-3 of the Yorkville City Code, be and is hereby deleted in its entirety and the following added in its stead: “1-7-3: CONTRACTS AND PURCHASES: A. Definitions: The expression "lowest responsible bidder", as used in this section and in the City's bidding documents, shall be deemed to mean the lowest bidder whose offer best represents in quality, fitness and capacity the requirements of the proposed work or usage. B. Bids For All Contracts For Services Of Materials Over Twenty Five Thousand Dollars: 1. Advertising For Bids: Except as otherwise provided herein, all contracts of whatever nature for labor, services or work, and for the purchase or lease of materials or supplies involving amounts in excess of twenty five thousand dollars ($25,000.00) made by or on behalf of the City shall be let to the lowest responsible bidder following notice as required in the following subsections: Ordinance No. 2020-____ Page 2 a. Notice shall be published in a newspaper of general circulation throughout the City at least once which publication shall be at least fifteen (15) days prior to the time designated for opening bids. The notice shall include a general description of the article or service desired, shall state the time, date and place of bid opening, and shall designate where bidding documents may be obtained. b. All purchases or contracts to be let shall be noticed by posting on the public bulletin board in the City Hall. 2. Bidding Procedures: a. Bidder's Security: All bids must be sealed and, in the case of contracts for construction of Municipal buildings or facilities or for labor, shall be accompanied by security, either cash, cashier's check, certified check or surety bond, in a sum equal to ten percent (10%) of the total aggregate of the bid. The successful bidder shall forfeit his bid security upon such bidder's failure or refusal to execute the contract within the time designated in the bid documents. The City Council, in such event, may award the contract to the new lowest responsible bidder. b. Other Bond Requirements: A faithful performance bond, labor and material bond and other bonds may be required by the City Council in amounts reasonably necessary to protect the City's interests in obtaining the services or work involved. If bonds are required, the form and amount thereof shall be designated in the notice inviting bids. c. Bid Opening Procedures: All bids shall be submitted to the City Clerk, who shall safeguard them in a sealed condition until the time noticed for public bid opening. At the time and place stated in the public notices, the City Clerk or designee shall publicly open all bids. The tabulation of all bids or copies of bids received shall be available for public inspection in the Clerk's Office for a period of not less than thirteen (13) days after the bid opening. d. Award Of Contracts: i. Lowest Responsible Bidder: The City Council may make an award of contract to the lowest responsible bidder. If considered to be in the best interest of the City, selected portions of the lowest responsible bid may be accepted and award made accordingly. In the alternative, the City Council may either reject all bids and readvertise or authorize the City itself to perform the work and directly acquire the items desired in accordance with the immediately following provision. ii. Direct Method: After bids are rejected or if no bids are received, the City Council, by resolution and act of majority vote of the Council, including the Mayor, may authorize the work done by City personnel and equipment Ordinance No. 2020-____ Page 3 or may authorize the purchase of the material and equipment for services involved on the open market without complying with the requirements of this section, provided that the City Council reserves competent information or data that the City itself is capable of completing the project involved in a more satisfactory or economical manner or that the materials, equipment or services may be purchased more economically on the open market. e. Tie Bids: If two (2) or more bids are received which are in all respects equal, the contract shall be awarded to the bidder maintaining a place of business in the City. However, if all or none of said bidders maintain a place of business in the City, then the contract shall be awarded by drawing lots. 3. Exemptions From Bidding Requirements: a. Notwithstanding any provisions of this section to the contrary, the competitive bidding procedures and requirements may be dispensed within any of the following instances: i. When a commodity being purchased is standardized in a manner to be compatible with equipment or articles in existing City use and in order to obtain more function or economic use from such existing equipment or articles, together with such commodity. ii. When in public session, the City Council has received competent information, data and sworn testimony supporting the facts that the product or service desired is provided only by one person or firm. iii. The City Council may authorize the purchase of materials, supplies, equipment and services or may order work performed by the City upon a finding of support by competent information or data that such purchase or work is urgent and immediately necessary for the preservation of life, health and property. The term "urgent and immediately" as used herein shall be deemed to mean threatening to happen at once, such as an impending danger or calamity. iv. When an agreement involves acquisition of services, equipment or any agreement entered into with another governmental entity. v. The City may award a renewal or extension of an existing contract or agreement with any supplier or vendor of services, equipment, materials or work performed by or on behalf of the City in the event that the City is satisfied with the past performance of the entity providing said service, equipment or work. In the event the City Council wishes to make a renewal or extension of an existing agreement with the City, no competitive bidding shall be required by the City Council by a vote of the Ordinance No. 2020-____ Page 4 majority of the Aldermen then holding office. Nothing contained herein shall be interpreted to restrict the power of the City to amend the terms of any existing agreement upon renewal or extension thereof so long as the City Council passes a resolution approving the terms of any amendment or modification of an existing agreement. vi. The City may award any contract or approve any purchase of materials without advertising for bids if authorized by two-thirds (2/3) of the Aldermen then holding office. C. Cooperative Procurement: 1. Authority: When deemed in the best interest of the city by the city administrator, supplies, services or construction may be procured pursuant to a cooperative purchasing agreement in accordance to the Governmental Joint Purchasing Act, 30 Illinois Compiled Statutes 525/1 et seq., as amended. 2. Cooperative Purchasing: The city may participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any supplies, services, or construction with one or more governmental units in accordance with a formal agreement entered into by the participants. Such cooperative purchasing may include but is not limited to, joint or multi-party contracts between public procurement units and open-ended public procurement unit contracts that are made available to other governmental units. 3. Competition: All cooperative purchasing conducted under this subsection shall be through contracts awarded through full and open competition, including use of source selection methods substantially equivalent to those specified in Subsection 1-7-3(B) of this Code. D. Surplus Property: 1. Real Property: In the City has either (1) adopted an ordinance to sell surplus real estate pursuant to Section11-76-4.2 of the Illinois Municipal Code, 65 ILCS 5/1-1-1 et. seq.(the “Illinois Municipal Code”) and has received no bid; or, (2) adopted a resolution to sell surplus real estate under Section 11-76-4.1 of the Illinois Municipal Code and has received no acceptable offer within six (6) months after adoption of the resolution, then that parcel of surplus real estate may be sold in the following manner. If the City has an unemployment rate higher than the national average for at least one (1) month during the six (6) months preceding an ordinance adopted to sell surplus real estate Ordinance No. 2020-____ Page 5 and the City has not received an acceptable offer within six (6) months of the date of the resolution authorizing the sale, then the City Council may, by resolution, authorize the sale of surplus public real estate in any of the following manners: a. by the staff of the municipality; b. by listing with local licensed real estate agencies; or c. by public auction. The terms of the sale, the compensation of the agent, if any, the time and the place of the auction, if applicable, a legal description of the property and its size, use and zoning shall be included in the resolution. The resolution shall be published once each week for three (3) successive weeks in a daily or weekly newspaper published in the municipality or, if none, in a newspaper published in the county in which the municipality is located. No sale may be conducted until at least thirty (30) days after the first publication. The corporate authorities may accept any offer or bid determined by them to be in the best interest of the municipality by a vote of three-fourths (3/4) of the corporate authorities then holding office. 2. Personal Property: Pursuant to Section 11-76-4 of the Illinois Municipal Code, whenever the City owns any personal property which is no longer necessary or useful to or in the best interests of the City to retain with a residual value of less than $5,000, the City Administrator is authorized to sell or dispose of such property by any method the City Administrator deems to be in the best interests of the City, including not limited to: a. Competitive sealed bidding; b. Donation; c. Recycling Company; d. Public auction; e. Trade-in, when the City Administrator or his or her designee determines the trade-in value is expected to exceed the value estimated to be obtained through the sale of such supplies; or f. Disposal, when the City Administrator or his or her designee determines that surplus supplies have no resale value, or that the cost of transportation, storage, and sale of said supplies will exceed the anticipated sale value. Any personal property which has a residual value in excess of $5,000 shall be sold or disposed of pursuant to any one of the methods set forth above as recommended by the City Administrator and approved by the City Council. Surplus property shall not be made available to any elected or appointed official or employee of the City, unless through a public auction or competitive sealed bidding process.” Section 2. Resolution 2005-05 adopted January 25, 2005 regarding surplus property is hereby repealed. Ordinance No. 2020-____ Page 6 Section 3. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this __________ day of ______________, A.D. 2020 ______________________________ City Clerk KEN KOCH ________ DAN TRANSIER ________ JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________ CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________ SEAVER TARULIS ________ JASON PETERSON ________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this __________ day of ______________, A.D. 2020. ______________________________ Mayor Attest: _____________________________ City Clerk EXHIBIT A: CHAPTER 7 MUNICIPAL FINANCES 1-7-1: BUDGET AND BUDGET OFFICER: 1-7-2: TAX LEVY: 1-7-3: CONTRACTS AND PURCHASES: 1-7-4: PUBLIC BENEFIT TAX AND FUND: 1-7-5: WATER TOWER CONSTRUCTION ACCOUNT: 1-7-6: WAGE RATES FOR PUBLIC WORKS EMPLOYEES: 1-7-7: DISCLOSURE OF PUBLIC RECORDS; FEES: 1-7-8: DEVELOPMENT FEES FOR EXTENDING MUNICIPAL SERVICES: 1-7-9: ANNEXATION AND ZONING FEES: 1-7-10: DIRECTOR OF FINANCE: 1-7-11: VOLUNTARY PAYMENT: 1-7-3: CONTRACTS AND PURCHASES: A. Definitions: The expression "lowest responsible bidder", as used in this section and in the City's bidding documents, shall be deemed to mean the lowest bidder whose offer best represents in quality, fitness and capacity the requirements of the proposed work or usage. B. Bids For All Contracts For Services Of Materials Over Twenty Five Thousand Dollars: 1. Advertising For Bids: Except as otherwise provided herein, all contracts of whatever nature for labor, services or work, and for the purchase or lease of materials or supplies involving amounts in excess of twenty five thousand dollars ($25,000.00) made by or on behalf of the City shall be let to the lowest responsible bidder following notice as required in the following subsections: a. Notice shall be published in a newspaper of general circulation throughout the City at least once which publication shall be at least fifteen (15) days prior to the time designated for opening bids. The notice shall include a general description of the article or service desired, shall state the time, date and place of bid opening, and shall designate where bidding documents may be obtained. b. All purchases or contracts to be let shall be noticed by posting on the public bulletin board in the City Hall. 2. Bidding Procedures: a. Bidder's Security: All bids must be sealed and, in the case of contracts for construction of Municipal buildings or facilities or for labor, shall be accompanied by security, either cash, cashier's check, certified check or surety bond, in a sum equal to ten percent (10%) of the total aggregate of the bid. The successful bidder shall forfeit his bid security upon such bidder's failure or refusal to execute the contract within the time designated in the bid documents. The City Council, in such event, may award the contract to the new lowest responsible bidder. b. Other Bond Requirements: A faithful performance bond, labor and material bond and other bonds may be required by the City Council in amounts reasonably necessary to protect the City's interests in obtaining the services or work involved. If bonds are required, the form and amount thereof shall be designated in the notice inviting bids. c. Bid Opening Procedures: All bids shall be submitted to the City Clerk, who shall safeguard them in a sealed condition until the time noticed for public bid opening. At the time and place stated in the public notices, the City Clerk or designee shall publicly open all bids. The tabulation of all bids or copies of bids received shall be available for public inspection in the Clerk's Office for a period of not less than thirteen (13) days after the bid opening. d. Award Of Contracts: i. Lowest Responsible Bidder: The City Council may make an award of contract to the lowest responsible bidder. If considered to be in the best interest of the City, selected portions of the lowest responsible bid may be accepted and award made accordingly. In the alternative, the City Council may either reject all bids and readvertise or authorize the City itself to perform the work and directly acquire the items desired in accordance with the immediately following provision. ii. Direct Method: After bids are rejected or if no bids are received, the City Council, by resolution and act of majority vote of the Council, including the Mayor, may authorize the work done by City personnel and equipment or may authorize the purchase of the material and equipment for services involved on the open market without complying with the requirements of this section, provided that the City Council reserves competent information or data that the City itself is capable of completing the project involved in a more satisfactory or economical manner or that the materials, equipment or services may be purchased more economically on the open market. e. Tie Bids: If two (2) or more bids are received which are in all respects equal, the contract shall be awarded to the bidder maintaining a place of business in the City. However, if all or none of said bidders maintain a place of business in the City, then the contract shall be awarded by drawing lots. 3. Exemptions From Bidding Requirements: a. Notwithstanding any provisions of this section to the contrary, the competitive bidding procedures and requirements may be dispensed within any of the following instances: i. When a commodity being purchased is standardized in a manner to be compatible with equipment or articles in existing City use and in order to obtain more function or economic use from such existing equipment or articles, together with such commodity. ii. When in public session, the City Council has received competent information, data and sworn testimony supporting the facts that the product or service desired is provided only by one person or firm. iii. The City Council may authorize the purchase of materials, supplies, equipment and services or may order work performed by the City upon a finding of support by competent information or data that such purchase or work is urgent and immediately necessary for the preservation of life, health and property. The term "urgent and immediately" as used herein shall be deemed to mean threatening to happen at once, such as an impending danger or calamity. iv. When an agreement involves acquisition of services, equipment or any agreement entered into with another governmental entity. v. The City may award a renewal or extension of an existing contract or agreement with any supplier or vendor of services, equipment, materials or work performed by or on behalf of the City in the event that the City is satisfied with the past performance of the entity providing said service, equipment or work. In the event the City Council wishes to make a renewal or extension of an existing agreement with the City, no competitive bidding shall be required by the City Council by a vote of the majority of the Aldermen then holding office. Nothing contained herein shall be interpreted to restrict the power of the City to amend the terms of any existing agreement upon renewal or extension thereof so long as the City Council passes a resolution approving the terms of any amendment or modification of an existing agreement. vi. The City may award any contract or approve any purchase of materials without advertising for bids if authorized by two-thirds (2/3) of the Aldermen then holding office. C. Bids For All Contracts For Services Of Materials Five Thousand Dollars To Twenty Five Thousand Dollars: 1. Soliciting Quotes: Except as otherwise provided herein, all contracts of whatever nature for labor, services or work, and for the purchase or lease of materials or supplies involving amounts from five thousand dollars ($5,000.00) to twenty five thousand dollars ($25,000.00) made by or on behalf of the City shall be let to the lowest responsible bidder as required in the following subsections: a. No expenditures for labor, services or work for the purchase or lease of materials or supplies may be made unless the cost thereof was included in the budget of the City department requesting such expenditure. b. Solicitation for quotes shall be in writing to all businesses located within the City boundaries providing such labor, services or work or manufacturing, selling or distributing the materials or supplies which have registered with the City as hereinafter provided. c. Signature of department head or their designee, written bids and Council approval of the expenditure shall be required. d. For the purpose of soliciting and obtaining quotes, e-mail shall constitute a writing in addition to any other handwritten or typewritten communication. D. Registration Of City Businesses: 1. All businesses located within City boundaries shall have the right, but not the obligation, to register with the City Clerk on a form provided by the City Clerk, itemizing all of the services or materials provided by such business and stating a contact person, e-mail address or such other method for communication or correspondence as deemed sufficient to permit such business to submit a quote to the City for the provision of services or materials. E. Expenditures Under Five Thousand Dollars: Every contract or purchase involving an expenditure of less than five thousand dollars ($5,000.00) shall require a receipt or invoice for such expenditure from the provider or seller and shall be signed by the department head or their designee. C. Cooperative Procurement: 1. Authority: When deemed in the best interest of the city by the city administrator, supplies, services or construction may be procured pursuant to a cooperative purchasing agreement in accordance to the Governmental Joint Purchasing Act, 30 Illinois Compiled Statutes 525/1 et seq., as amended. 2. Cooperative Purchasing: The city may participate in, sponsor, conduct, or administer a cooperative purchasing agreement for the procurement of any supplies, services, or construction with one or more governmental units in accordance with a formal agreement entered into by the participants. Such cooperative purchasing may include but is not limited to, joint or multi-party contracts between public procurement units and open-ended public procurement unit contracts that are made available to other governmental units. 3. Competition: All cooperative purchasing conducted under this subsection shall be through contracts awarded through full and open competition, including use of source selection methods substantially equivalent to those specified in Subsection 1-7-3(B) of this Code. D. Surplus Property: 1. Real Property: In the City has either (1) adopted an ordinance to sell surplus real estate pursuant to Section11-76-4.2 of the Illinois Municipal Code, 65 ILCS 5/1-1-1 et. seq.(the “Illinois Municipal Code”) and has received no bid; or, (2) adopted a resolution to sell surplus real estate under Section 11-76-4.1 of the Illinois Municipal Code and has received no acceptable offer within six (6) months after adoption of the resolution, then that parcel of surplus real estate may be sold in the following manner. If the City has an unemployment rate higher than the national average for at least one (1) month during the six (6) months preceding an ordinance adopted to sell surplus real estate and the City has not received an acceptable offer within six (6) months of the date of the resolution authorizing the sale, then the City Council may, by resolution, authorize the sale of surplus public real estate in any of the following manners: a. by the staff of the municipality; b. by listing with local licensed real estate agencies; or c. by public auction. The terms of the sale, the compensation of the agent, if any, the time and the place of the auction, if applicable, a legal description of the property and its size, use and zoning shall be included in the resolution. The resolution shall be published once each week for three (3) successive weeks in a daily or weekly newspaper published in the municipality or, if none, in a newspaper published in the county in which the municipality is located. No sale may be conducted until at least thirty (30) days after the first publication. The corporate authorities may accept any offer or bid determined by them to be in the best interest of the municipality by a vote of three-fourths (3/4) of the corporate authorities then holding office. 2. Personal Property: Pursuant to Section 11-76-4 of the Illinois Municipal Code, whenever the City owns any personal property which is no longer necessary or useful to or in the best interests of the City to retain with a residual value of less than $5,000, the City Administrator is authorized to sell or dispose of such property by any method the City Administrator deems to be in the best interests of the City, including not limited to: a. Competitive sealed bidding; b. Donation; c. Recycling Company; d. Public auction; e. Trade-in, when the City Administrator or his or her designee determines the trade-in value is expected to exceed the value estimated to be obtained through the sale of such supplies; or f. Disposal, when the City Administrator or his or her designee determines that surplus supplies have no resale value, or that the cost of transportation, storage, and sale of said supplies will exceed the anticipated sale value. Any personal property which has a residual value in excess of $5,000 shall be sold or disposed of pursuant to any one of the methods set forth above as recommended by the City Administrator and approved by the City Council. Surplus property shall not be made available to any elected or appointed official or employee of the City, unless through a public auction or competitive sealed bidding process. STATE OF ILLINOIS SS COUNTY OF KENDALL RESOLUTION NO: 2005- ©5 RESOLUTION APPROVING DISPOSAL OF PROPERTY POLICY WHEREAS, the Mayor and City Council deem it prudent and in the best interest of the United City of Yorkville to develop a policy regarding Disposal of City property; and WHEREAS, the purpose of such a policy is to provide direction for the proper disposal of certain City property as described therein; WHEREAS, after extensive study and review, the City Staff Mayor and City Council developed a policy regarding disposal of City property which is attached hereto as Exhibit "A "; NOW THEREFORE BE IT RESOLVED BY THE UNITED CITY OF YORKVILLE, upon motion duly made, seconded, and approved by a majority of those Aldermen voting, that the City hereby adopts the United City of Yorkville Disposal of Property Policy attached hereto as Exhibit "A ". PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE j VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 25th day of January, 2005. Mayor Page 1 of 2 PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this 25th day of January, 2005. i5ity Clerb Prepared by: City Clerk's Office United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 630/553 -4350 Fax: 630 -553 -7575 i Page 2 of 2 16 Disposal of Property Policy DRAFT — 1/19/2005 1)Whenever the City owns any personal property which is determined by a Department Head to be no longer necessary or useful to, or for the best interest of the City and having an original value of less than $500.00, the Department Head, by their approval, may authorize the disposal of said property. Disposal is defined as the destruction of said property, or placement in a trash or recvclinp- receptacle. 2) Whenever the City owns any personal property having an original value of greater than 500, and said property is determined to be no longer necessary or useful to the City, or it is determined that it is not in the best interest of the City to retain the subject personal property, then City shall be authorized to convey or sell the subject personal property in accordance with the following conditions and procedures: 2A) A written determination shall be prepared stating that the City no longer desires to retain ownership of the subject personal property or that the useful life of the subject personal property has expired and shall set forth reasons therefore. As a condition of disposal or sale of property, the written determination must be given to all Department Heads and Council Members. 2B) The written determination stated in paragraph 2A shall be presented to the United City of Yorkville Administration Committee, and receiving a committee recommendation, shall be forwarded to City Council. Upon approval by the City Council, the City may: 2B1) By ordinance authorize the sale of that personal property in such manner as the City Council may designate so long as the sale complies with the applicable statutes contained within the Municipal Code of the Illinois Compiled Statutes. 2132) May authorize any municipal officer to convert that personal property into some other form that is useful to the City by using the material in the property. 2133) May authorize any municipal officer to convey or turn in any specified article of property as part payment on a new purchase of any similar article. However, no article shall be turned in as part of the purchase price on any purchase except upon receipt of competitive bids, in such manner as may be prescribed by ordinance, after notice to all bidders that the article will be turned over as part of the purchase price. 3) Disposal or sale of the property hereunder shall not be made to any elected or appointed official or employee of the City, except items sold at public auction or sealed bids. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Administration Committee #4 Tracking Number ADM 2020-36 Fund Balance Policy Revisions - Contingency City Council – May 26, 2020 ADM 05-20-20 Moved forward to City Council agenda. ADM 2020-36 Majority Approval Please see attached memo. Rob Fredrickson Finance Name Department Summary Approval of General Fund contingency revisions to the City’s fund balance policy. Background The attached fund balance policy includes amended language to include a continency line item within the City’s General Fund as part of the annual budget process. A summary of these revisions are as follows: A separate line item for contingencies, with amounts varying from 0% to 10% of total General Fund expenditures, may be established as part of the annual budget process. The contingency line item would only be used for unforeseen or unbudgeted expenditures. Should the contingency line item be utilized, a formal budget amendment would need to be approved by City Council. Funds would then be deducted from contingency and reallocated to line items elsewhere in the budget based on the requirements of the approved amendment. Any unused contingency amounts at the end of the fiscal year, would be liquidated into unassigned fund balance in the City’s General Fund. Any future contingency amounts would need to be re-appropriated as part of the annual budget process. Recommendation Staff recommends approval of the attached resolution. Please be advised that the City is not required to formally amend its fund balance policy in order to utilize a contingency. However, staff recommends memorializing the contingency language within the City’s fund balance policy, so that it is at least a consideration each year during the budget process. A red-lined version of the policy, highlighting the new contingency language, has been attached for your review and consideration. Memorandum To: Administration Committee From: Rob Fredrickson, Finance Director Date: May 12, 2020 Subject: Fund Balance Policy Revisions - Contingency Resolution No. 2020-____ Page 1 Resolution No. 2020-_____ A RESOLUTION APPROVING A REVISED FUND BALANCE POLICY WHEREAS, the City Council of the United City of Yorkville has considered and discussed the importance of updating the United City of Yorkville Fund Balance Policy; and, WHEREAS, the text of the United City of Yorkville Fund Balance Policy the City Council now desires to adopt is set forth on the attached Exhibit A which is incorporated herein; and, WHEREAS, it has been determined to be in the best interests of the United City of Yorkville to repeal the previous Fund Balance Policy, approved by Resolution No. 2014-02 on January 14, 2014, and adopt a revised Fund Balance Policy in the form attached hereto in Exhibit A. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Fund Balance Policy in the form set forth on Exhibit A attached hereto and incorporated herein is hereby adopted as the Fund Balance Policy of the City and the previous Fund Balance Policy heretofore adopted by the City Council is hereby repealed in its entirety. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ JACKIE MILSCHEWSKI _________ ARDEN JOE PLOCHER _________ CHRIS FUNKHOUSER _________ JOEL FRIEDERS _________ SEAVER TARULIS _________ JASON PETERSON _________ Resolution No. 2020-____ Page 2 APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2020. ______________________________ MAYOR UNITED CITY OF YORKVILLE FUND BALANCE POLICY Purpose A Fund Balance Policy establishes a minimum level at which the projected end-of-year fund balance should observe, as a result of the constraints imposed upon the resources reported by the governmental funds. This policy is established to provide financial stability, cash flow for operations, and the assurance that the United City of Yorkville will be able to respond to emergencies with fiscal resiliency. More detailed fund balance financial reporting and the increased disclosures will aid the user of the financial statements in understanding the availability of resources. It is the City’s philosophy to support long-term financial strategies, where fiscal sustainability is its first priority, while also building funds for future growth. It is essential to maintain adequate levels of funds balance to mitigate current and future risks and to ensure tax rates. Fund balance levels are also crucial consideration in long-term financial planning. Credit rating agencies carefully monitor levels of fund balance and unassigned fund balance in the General Fund to evaluate the City’s continued creditworthiness. Definitions Governmental Funds The fund balance will be composed of three primary categories: 1) Nonspendable Fund Balance – portion of a Governmental Fund’s fund balance that are not available to be spent, either in the short-term or long-term, or through legal restrictions (e.g., inventories, prepaid items, land held for resale and endowments). 2) Restricted Fund Balance – portion of a Governmental Fund’s fund balance that are subject to external enforceable legal restrictions (e.g., grantor, contributor and property tax levies). 3) Unrestricted Fund Balance – is made up of three components: A) Committed Fund Balance – the portion of a Governmental Fund’s fund balance with self-imposed constraints or limitations that have been placed at the highest level of decision making through formal City Council action. The same action is required to remove the commitment of fund balance. B) Assigned Fund Balance – the portion of a Governmental Fund’s fund balance to denote an intended use of resources but with no formal City Council action. C) Unassigned Fund Balance – available expendable financial resources in a governmental fund that is not the object of tentative management plan. Some funds are funded by a variety of resources, including both restricted and unrestricted (committed, assigned and unassigned). Flow of Funds The United City of Yorkville assumes that the order of spending fund balance is as follows: restricted, committed, assigned, unassigned. Authority Governmental Funds Committed Fund Balance – A self-imposed constraint on spending the fund balance must be approved by ordinance or resolution of the City Council. Any modifications or removal of the self-imposed constraint must use the same action used to commit the fund balance. Formal action to commit fund balance must occur before the end of the fiscal year. The dollar amount of the commitment can be determined after year end. Assigned Fund Balance – An informal, self-imposed constraint on spending the fund balance based on the City’s intent to use fund balance for a specific purpose. The Budget Officer will determine if a portion of fund balance should be assigned. Minimum Unrestricted Fund Balance Levels Governmental Funds General Fund Purpose – Is a major fund and the general operating fund of the United City of Yorkville. It is used to account for all activities that are not accounted for in another fund. Contingency – Contingency amounts may be used to maintain a reserve balance of 0% to 10% of the ensuing fiscal years appropriations budget (excluding interfund transfers) and will be included as a separate line item within the General Fund expenditure budget. This contingency line item would only be used to satisfy unforeseen or unbudgeted expenditures and would require a budget amendment to be approved by the City Council. Any unused contingency amounts in the General Fund will be liquidated as unassigned fund balance at the end of the fiscal year. Fund Balance – Unrestricted fund balance targets should represent no less than 30% of the annual General Fund appropriations budget. Special Revenue Fund Purpose - Used to account for and report the proceeds of specific revenue sources that are legally restricted or committed to expenditures for specified purposes other than debt service or capital projects. Financing – Special revenue funds are provided by a specific annual property tax levy or other restricted and/or committed revenue source. Financing may also be received from charges for services, etc. Fund Balance – Derived from property taxes (or another restricted revenue source); therefore, legally restricted. The portion of fund balance derived from property taxes will be legally restricted. The remaining fund balance amount (restricted and/or committed) will vary and be adjusted annually with the adoption of the annual budgets for these funds. Debt Service Fund Purpose – Established to account for financial resources that are restricted, committed, or assigned to expenditure for principal and interest. Financing – The municipality levies an amount or transfers in an amount close to the principal and interest that is anticipated to be paid. Fund Balance – Derived from property taxes; therefore, legally restricted. Any fund balance accumulation should be at maximum the amount of the subsequent fiscal year’s principal and interest payments. Capital Projects Fund Purpose - Established to account for and report financial resources that are restricted, committed, or assigned to expenditure for capital outlays including the acquisition or construction of capital facilities and other capital assets, excluding those types of capital related outflows financed by proprietary funds. Financing – Debt financing, grants, licenses and permits and interfund transfers are used to finance projects. Fund Balance – Considered segregated for maintenance, construction and/or development; therefore, considered committed, restricted, or assigned depending on the intended source and use of the funds. Proprietary Funds Proprietary funds include enterprise and internal service funds. Enterprise Fund Purpose – For financial reporting purposes, and Enterprise Fund is established to account for and report financial resources at are invested in capital assets, net of related debt, restricted, or unrestricted for future spending related to the fund. The focus of enterprise fund measurement is based upon determination of operating income, changes in net assets, financial position, and cash flows. The generally accepted accounting principles applicable are those similar to businesses in the private sector. Enterprise funds are required to account for operations for which a fee is charged to external users for goods or services and the activity (a) is financed with debt that is solely secured by a pledge of the net revenues, (b) has third party requirements that the cost of providing services, including capital costs, be recovered with fees and charges or (c) establishes fees and charges based on a pricing policy designed to recover similar costs. Financing – User fees, debt financing, and/or grants are used to finance operations, capital outlay and improvements, and debt service retirements. Fund Balance Equivalent – For financial reporting purposes, the equity portion of a proprietary (enterprise or internal service) fund’s balance sheet is comprised of “Net Assets”, which is equal to total fund assets less total fund liabilities. Net Assets are Formatted: Indent: First line: 0.5" comprised of three primary components: 1.) Invested in Capital Assets, Net of Related Debt (i.e., amounts capitalized as capital assets, less the outstanding debt related to the acquisition of said assets); 2.) Restricted Net Assets relate to bond covenant reserves as outlined in the bond ordinance; and 3.) Unrestricted Net Assets. For budgetary purposes management has chosen to deviate from the traditional full accrual presentation of enterprise funds, and instead uses a modified accrual approach. This modified accrual approach converts net assets into a “fund balance equivalent”, by excluding long-term assets and liabilities. It is management’s assertion that the modified accrual approach is preferable for budgetary purposes, because it more accurately reflects the funds ability to satisfy short-term obligations (operations, capital outlay and debt service) in current and subsequent fiscal years. Fund Balance Equivalency targets for enterprise funds should be maintained at no less than 25% of the annual appropriations budget. Other Considerations In establishing the above policies for unrestricted fund balance levels, the United City of Yorkville considered the following factors: The predictability of the City’s revenues and the volatility of its expenditures (i.e., higher levels of unrestricted fund balance may be needed if significant revenue sources are subject to unpredictable fluctuations or if operating expenditures are highly volatile). The City’s perceived exposure to significant one-time outlays (e.g., disasters, immediate capital needs, state budget cuts). The potential drain upon General Fund resources from other funds as well as the availability of resources in other funds (i.e., deficits in other funds may require a higher level of unrestricted fund balance be maintained in the General Fund, just as, the availability of resources in other funds may reduce the amount of unrestricted fund balance needed in the General Fund). Liquidity (i.e., a disparity between when financial resources actually become available to make payments and the average maturity of related liabilities may require that a higher level of resources be maintained). Commitments and assignments (i.e., governments may wish to maintain higher levels of unrestricted fund balance to compensate for any portion of unrestricted fund balance already committed or assigned by the government for a specific purpose). If any of the above factors change, the City should readdress current unrestricted fund balance levels to ensure amounts are appropriate. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #5 Tracking Number CC 2020-47 FY 21 Budget Update City Council – May 26, 2020 N / A N / A Discussion See attached memo. Bart Olson Administration Name Department Summary A review of potential budget updates for the FY 21 budget, due to the COVID-19 pandemic and likely national recession. Background (all new text) The City Council last discussed the FY 21 budget memo at the May 12th City Council meeting. For ease of use, we have kept the structure and content of that memo and will add commenting paragraphs below each bulletpoint with any updates. Important concepts (new text only where update is noted) 1. What will be the size and length of the economic downturn? What will be the timing and shape of the recovery? a. April 23, 2020 update – Here’s some article headlines and a chart on the economic situation: i. “US Weekly jobless claims hit 4.4 million, bringing 5-week total to more than 26 million” – CNBC ii. “Stocks fight for gains as small business relief overshadows job losses” – Fox Business b. May 7, 2020 update – Wednesday’s unemployment filing report from the federal government showed another ~3.2m in unemployment claims and around 33 million claims during the pandemic. The April jobs report is expected to be released the morning of Friday, May 8th, and is expected to show the worst job losses in any one month in American history and an unemployment rate of ~15%. As a comparison, the worst unemployment rate during the Great Recession was around 10%, when 7.5 million jobs were lost over the course of a year and a half, and the worst unemployment rate estimate during the Great Depression was 25%. 2. Income tax filings have been delayed by the state from April to July. Late penalties are being waived, giving people less incentive to file on time. This will delay the observation of the economic downturn on state income tax payments, causing less accurate LGDF estimates. a. April 23, 2020 update – LGDF estimates have not been created by the IML or IGFOA, but the Governor’s Office of Management and Budget (GOMB) has released their own estimates for impacts to state income taxes. While these revenue estimates are not exactly correlated to the City’s share of state income taxes, they are a good baseline. As of early April, the GOMB is anticipating a 6.9% decline in individual income taxes for Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: May 21, 2020 Subject: FY 21 Budget Updates – Pandemic and Recession their entire FY 20 budget estimates, which ends June 30, 2020, and another 8.8% decline in individual income taxes for the entire FY 21 budget estimate, which ends June 30, 2021. For those same time periods, they anticipate corporate income taxes to decrease 12% and 17% off their budget estimates. Our early staff estimate is that this could impact the City’s FY 20 budget by $130,000 and the FY 21 budget by $120,000. b. May 7, 2020 Update – IML released its LGDF estimates this week, anticipating a 15% decline over FY 20 actuals. Based on the GOMB estimate of around a 7% decrease from my April 23rd update above, this is a further loss of around $160,000 in the general fund. A spreadsheet of City budget comparisons to the IML estimate is attached to this memo. c. May 21, 2020 – May’s allotment of income tax came in at $191,781 – 50% less than the last May’s allotment of $381,988. However, this is a bit skewed, as last May’s allotment was unusually high due to the timing of receipts by the State. Historically May income tax proceeds have been around $260,000; which would put the current years decrease at ~26%, which is slightly better than management’s expectations for May of a 29% reduction. Assuming a similar decrease in proceeds for the June allotment, income taxes would finish FY 20 around $1.836M (6.6% decrease from FY 19 amounts); which is ~$70,000 less than management’s assumption of $1.905M based upon IML projections. 3. Sales tax submittals to the state by bars and restaurants is being deferred in timing and amount. Certain bars and restaurants may now pay only a portion of their obligation of state sales tax for February, March, and April consumer sales through August 2020. a. May 7, 2020 Update – The March state sales tax report was released on May 7, 2020. This March report covers February consumer sales, which were generally pre-pandemic but this is the first period where bars and restaurants could defer their payment of sales taxes to the state. The February consumer sales were much higher than the City expected, even in a normal budget. The February 2020 consumer sales tax amounts were 9% higher than the February 2019 consumer sales tax amounts. We have not been able to verify this theory with business-level sales tax data, but it appears almost no businesses chose to defer their sales tax payments to the state. 4. One report that miles driven in the Chicagoland region after the stay-at-home order was issued is 67% less miles than normal. Since MFT is based on a per gallon flat rate, the relationship between miles driven and gas taxes received by the City should be linear, i.e. 67% less. a. May 21, 2020 Update - MFT proceeds came in better than expected at $33,790, a decrease of approximately 20% from the prior year. MFT finished FY 20 at $466,091 ($24.50 per capita), which is ~3.5% less than FY 19 amounts; but is in-line with IML’s per capita projection of $24.30 ($462,235). MFT Transportation Renewal Fund (TRF) proceeds, which are funded by the recent increase in State motor fuel taxes, came in at $235,852 ($12.40 per capita) for FY 20. TRF proceeds finished higher than IML projected amounts ($11.45 per capita) by over $18,000. 5. The City’s utility bills (water, sewer, sanitary district, garbage, and road infrastructure fee) were due on April 6th for usage that occurred in December and January. The City staff was monitoring payment counts and amounts received and can report that neither figure was outside of normal expectations. The “late” bills are due April 20th, and staff will monitor whether those figures are outside expectations. The next full utility bill cycle will cause bills to be due June 5th. a. April 23, 2020 Update – The April 20th late bill payment deadline was within normal expectations. 6. A number of the City’s capital funds are dependent upon impact fees. Fortunately, the City has been extremely conservative in new housing start estimates and does not depend on these revenues for ongoing operational expenditures. The Mayor and staff have been polling local and national home builders and all remain optimistic for the construction season. 7. The State of Illinois is one of the least financially prepared states for a major recession or depression. The State has already begun sweeping different funds and delaying payments to non-health and non-medical organizations. Members of both political parties in Illinois in the past have discussed slashing state revenue sharing with municipalities. While no specific proposal is on the table at this time, one could easily imagine a scenario where municipal-related state funds are swept, and state revenue sharing is significantly reduced. a. April 23, 2020 Update – The state has moved funds around within their own budget but has not yet signaled any impact to revenue streams shared with municipalities. 8. The City’s cash position and cash flow, even in extreme circumstances and with no affirmative action by the City is ok through 2020. The City’s cash position and cash flow, in extreme circumstances and with no affirmative action by the City will enter crisis territory in mid-2021 before being untenable by the end of 2021. The City’s valley of cashflow will occur in December 2020 and December 2021, when most of the City’s bond payments are made. Important Dates (new text only where update is noted) 9. When the curve is flattened 10. When different sectors of the economy are able to restart a. May 7, 2020 Update – The Governor’s stay at home order has been extended through the end of May, and his reopening plan illustrates months before a return to economic normalcy. There has been widespread push back from the business community on this plan, and it remains to be seen whether it will change as a result of data or pressure from the public. 11. Early May 2020 – when the sales tax monthly report for February consumer sales will be released, and when the sales tax reporting deferral will be seen a. May 7, 2020 Update – As noted above, there is no evidence of impact from sales tax reporting deferrals on the sales tax amounts received. 12. Mid May 2020 – when the MFT monthly report for March consumer sales will be released. a. May 21, 2020 Update – As noted in section 4(a) above, MFT proceeds came in better than expected at $33,790, a decrease of approximately 20% from the prior year. 13. Early June 2020 – when the sales tax monthly report for March consumer sales will be released from the state, and the first with potentially lower sales and reporting deferrals 14. Early July 2020 – when the sales tax monthly report for April consumer sales will be released from the state 15. July 1, 2020 – when the first, partial online sales tax methodology change goes into effect statewide, resulting in modest (relative) sales tax revenue increases for municipalities 16. July 2020 – when income taxes are due to the state 17. September 2020 – when the first sales tax monthly report will be released that could possibly the first sales tax monthly report with no deferrals 18. August 2020 – no action has been taken by Kendall County to implement this date yet, but the current discussion for property tax payment dates would push the first payment out to August 2020 19. November 2020 – state referendum on progressive income tax 20. December 2020 – large bond payments are due, representing a valley of cashflow 21. January 1, 2021 – when the second, full online sales tax methodology change goes into effect statewide, resulting in potentially significant (relative) sales tax revenue increases for municipalities 22. February 2021 – when abatement ordinances on alternate revenue bonds are due to the County 23. December 2021 – large bond payments are due, representing a valley for cashflow Revenues – Summary (all old text, no new updates) With the release of the IML estimates on municipal revenue streams this week (referenced earlier in the memo), the staff was able to put together comparisons for several revenue streams. That comparison spreadsheet is attached. Whereas the City had estimated a loss of around $1.3m in the general fund on April 23 based on GOMB estimates, the IML estimates were only $75,000 below the GOMB estimates in aggregate, for a total general fund loss of $1.375m. In general and compared to the City’s estimates (which were based on the GOMB estimates), the IML predicted a $5k loss in personal property replacement taxes, a $157k loss in income taxes, but no loss of use taxes. The IML anticipates that the widespread move by consumers to online purchases is going to result in an offset of total online sales, for a 0% year to year change. Because the City had predicted a loss of $87k based on the GOMB estimates, this is a positive swing of $87k for the City. In the aggregate in the general fund, a loss of $75k from what we had communicated at the April 28th City Council meeting. Further, the IML released Motor Fuel Tax and Transportation Renewal Fund (MFT and TRF) estimates this week, and IDOT gave municipalities an update on the REBUILD Illinois bond fund revenues. IML anticipates a 15% loss of MFT from FY 20 actuals, and a per capita TRF amount of $14.20 (reminder, the TRF revenues were a result of the gas tax increase last year and this is the first year municipalities are receiving them, which is why they are not listed as a percentage change from last year). Compared to the City FY 21 budget, this is a loss of $80k in MFT and $45k in TRF. However, the City budgeted only $5k in REBUILD Illinois bond proceeds, and IDOT indicated the REBUILD Illinois bond sale would result in over $1.2m in revenues for Yorkville over a three-year period. For FY 21, IDOT estimates that this will include two $200k+ payments to the City. The City had only budgeted $5k because no estimates or bond amounts had ever been made available by IDOT. Thus, the MFT fund and it’s related revenues sees a potential positive swing of $287,000 for FY 21. The primary concerns of the ongoing situation are explained in greater detail below; but for the most part, can be summarized as follows: - the State cutting or delaying various tax remittances - the County delaying property tax distributions and the impact of a potential recession on the local real estate market - delays and non-payments of various utility billing charges - limited investment opportunities in a low interest rate environment - the impact on the building and development community should a prolonged recession occur - the duration of social distancing, as many revenue streams are dependent upon people freely engaging in various activities in a public setting Revenues - Highest concern (all old text, no new updates) 24. Municipal and NHR Sales Tax – account for approximately one-third of all General Fund revenues and can be highly volatile. Restaurants and bars generate ~14% of all municipal sales tax receipts. Could see potential losses from proposed FY 21 amounts of over $750,000, based on current anecdotal sales information and the stay-at-home order being issued through the end of April. a. April 23, 2020 Update – While the stay at home order has not been extended past April 30th, recent comments by the Governor and Mayor of Chicago, as well as modeling for the COVID-19 case count, seems to indicate that widespread impacts to public gatherings will occur for several weeks, if not months. The staff has updated the FY 21 sales tax estimates, and now expects to see a decrease of more than $1,000,000 in regular and non- home rule sales taxes. b. May 7, 2020 Update – The stay at home order has been extended through May, and the Governor’s reopening plan makes it seem that widespread retail and restaurant impacts will occur through the Summer. As noted above, the February consumer sales tax / March state receipts report was released on May 7, 2020 and the 2020 figures were 9% higher than the 2019 figures for the same month. At least in the run up to the pandemic, no sales tax downturn was observed. Revenues - High concern (new text only where update is noted) 25. Income Tax – could possibly decline by $200,000 or more due to sharp increases in unemployment levels and lower corporate profits should a recession occur. The State is also likely to either cut or delay payments, due to their own budgetary issues. a. May 7, 2020 Update – As mentioned earlier in the memo, the IML released their revenue estimates, expecting a 15% decrease in income tax revenues from FY 20 actuals. This is a loss of $300k between FY 20 and FY 21. As of April 28th, the City was assuming a loss of only ~$140k between FY 20 and FY 21, which means the income tax picture has become ~$160k worse than we expected. 26. Local Use Tax – decline could be marginal, due to the prevalence of on-line sales. However, the State is also likely to either cut or delay payments. a. May 7, 2020 Update – As mentioned earlier in the memo, the IML released their revenue estimates, which expect no change between FY 20 and FY 21. As of April 28th, the City was assuming a loss of ~$87k in use taxes, which means the use tax picture has become $87k better than we expected. b. May 21, 2020 Update – May’s allotment of local use tax came in 3% higher than last year’s allotment of $45,940. Assuming June’s allotment remains flat with last year’s amount, local use tax would finish FY 20 at approximately $658,000. This observance aligns with the IML’s estimate that use taxes are likely to not decrease in FY 21, based on the large transfer of retail sales to online purchases. 27. Motor Fuel Tax – may decline by over $100,000 from decreased demand, as a result of high unemployment and more people working remotely. The State also likely to either cut or delay payments. a. May 7, 2020 Update – As mentioned earlier in the memo, the IML released their MFT and TRF estimates, expecting a loss of 15% in MFT and lowering their per capita projections for TRF slightly. In the FY 21 budget approval, the City assumed moderate growth in the MFT and had not updated those estimates as a result of the pandemic. As a result, the IML estimates for MFT and TRF are $125,000 worse than we expected. 28. Water Sales, Infrastructure Fees and Late Penalties – water sales may decline due to shrinking usage or wet weather. May adversely impact cash flow due to customers paying late or not at all. Late penalties may also vary, depending on whether or not fees are waived. 29. Sewer Maintenance Fees and Infrastructure Fees – similar to water infrastructure fees, may adversely impact cash flow due to customers paying late or not at all. 30. Child Development and Athletics & Fitness – may result in substantial refunds and season cancellations depending on how long the shelter in place order lasts and the willingness of residents to reengage in public activities. 31. Library Property Taxes – account for ~95% of all Library revenues. Any substantial delays in payments or remittance may result in serious operational and cash flow issues for the Library. 32. TIF Property Taxes – any substantial delays in payments or remittance would add continued pressure to the General Fund, which directly offsets the negative cash position of the three TIF Funds. In future fiscal years, a potential decline in property values would further inhibit the TIF districts ability to eliminate its negative equity position. Revenues - Medium concern (all old text, no updates) 33. Corporate Property Taxes – may be delayed by the County. This, coupled with delayed remittance of state taxes, would put a strain on operational cash flow. In future fiscal years, this revenue stream may continue to decline, as more and more funds are diverted away to cover the City’s contribution to the Police Pension Fund. a. April 23, 2020 update – Property taxes are not being delayed by the County, but late fees are being waived for a couple months. 34. Building Permits, Connection & Development Fees – the impact on permit revenue from the pandemic and recession that is anticipated to follow, remains to be seen. Staff will continue to provide updates regarding these revenue streams as information becomes available. 35. Amusement, Video Gaming & Hotel Taxes – the impact on these revenue streams are wholly dependent on the longevity of the COVID-19 pandemic and the shelter in place order from the Governor. Hotel tax receipts will have limited impact on the City budget, as 90% of all proceeds received are remitted to the AACVB. 36. Investment Earnings – are expected decline sharply City-wide in the upcoming fiscal year, due to potentially declining revenues and an extremely low interest rate environment. 37. MFT High Growth Earnings – similar situation to the other state taxes mentioned above, these proceeds could be swept or delayed by the State. Revenues - Low or no concern (all old text, no updates) 38. These revenue streams are comprised of pass-through items (such as business district or admission taxes), various reimbursements from developers and other sources, and all other revenues not previously identified – with minimal, individual impact on the overall budget. Expenditures under consideration (all old text, no updates) The Mayor and staff have preliminarily discussed a first cut list of approximately $1.3m in the general fund or related funds and $200,000 in the water fund to offset a potential loss of $1.3m in general fund revenues. We have reprinted the full list of the “easy/medium/difficult” categories from the April 14th City Council memo, with items recommended to be cut noted. All of the cuts marked below will be continuously reviewed by the Mayor and staff, and may be amended or rescinded in the future. Expenditures - Easy to implement (all old text, no updates) 39. Delay the proposed new PW employee - $100,000 annually through FY 25 a. April 23, 2020 Update – Cut until things stabilize. 40. Delay the FY 22 Police Commander - $150,000 annually beginning in FY 22 and annually through FY 25 a. April 23, 2020 Update – Cut until things stabilize. 41. Implement a hiring freeze/review process whenever a vacancy occurs. The City has one anticipated retirement in the police department at the end of FY 20, and the Chief and the Mayor have proposed leaving that position vacant going forward - $85,000 annually through FY 25 for police retirement vacancy; TBD for all other employees a. April 23, 2020 Update – Implement a hiring freeze on a case-by-case basis. Do not rehire position to be vacated through one police officer retirement. Do not hire seasonal part- time help in the Parks and Public Works Departments. 42. Cutback or reduce new budget proposals a. New sidewalk program – gross annual spend proposed at $125,000 i. April 23, 2020 Update – Reduce the annual spend for this project, but watch for a turnaround and opportunity to reinstate the full budget amount. b. Pavement striping – gross annual spend proposed at $62,000 i. April 23, 2020 Update – Reduce the annual spend for this project, but watch for a turnaround and opportunity to reinstate the full budget amount. c. Public Works building RFQ - $30,000 i. April 23, 2020 Update – Cut until things stabilize. d. Police building RFQ - $30,000 i. April 23, 2020 Update – Cut until things stabilize. e. E-ticketing software - $26,500 i. April 23, 2020 Update – Cut this project, but watch for a turnaround and opportunity to reinstate at a later date. f. Office chairs - $10,000 i. April 23, 2020 Update – Cut until things stabilize. g. Buy one less police vehicle per year - $65,000 potential savings per vehicle i. April 23, 2020 Update – Reduce the annual spend for this project but watch for a turnaround and opportunity to reinstate the full budget amount. h. Bulk water dispenser - $20,000 i. April 23, 2020 Update – Not cut for the time being, as cost is housed within the water fund. i. Enterprise Resource Program (ERP) - gross budget spend in FY 21 and FY 22 proposed at $475,000 i. April 23, 2020 Update – Cut this project but continue to do due diligence on reducing scope and cost of a future ERP project and watch for a turnaround and opportunity to reinstate at a later date. j. Cable consortium participation – net annual spend in FY 21 proposed at $65,000 i. April 23, 2020 Update – Cut participation in the consortium from a financial basis but do due diligence on remaining in the consortium at a reduced contribution amount and/or broadcasting public meetings with in house resources. Expenditures - Medium difficulty to implement (all old text, no updates) 43. Compensation and benefits a. The City implemented a one-week furlough during the last recession. A one-week furlough based on current staff counts and compensation would yield more than $100,000 in savings. This assumes that all employees, including union employees (subject to negotiation), would take a one-week furlough. i. April 23, 2020 Update - No immediate proposal to implement. Readdress proposal later if first cut list is insufficient. b. The City froze salaries for a year or two during the last recession, depending on the group of employees. A 0% raise for current non-union employees would yield more than $100,000 in savings annually and compounded compared to the FY 21 budget proposal. i. April 23, 2020 Update – Recommendation to immediately implement. c. The elected official compensation ordinance just approved by City Council doesn’t take effect until FY 24, but the annual value is $30,000 over prior compensation levels. i. April 23, 2020 Update - No immediate proposal to implement. Readdress proposal later if first cut list is insufficient 44. Cutback, reduce, defer a. Police pension contributions, currently at 100% funding target but legally required only at 90% funding target - $195,000 difference in FY 21 i. April 23, 2020 Update – Savings can’t be realized until FY 22, which is when the property tax levy to be passed by the City Council in December 2020 will be on the property tax bills. We recommend exploring this option with the police pension fund over the coming months. b. Greenbriar Road RTBR supplemental project - $200,000 in FY 21 i. April 23, 2020 Update – Cut this project, but watch for a turnaround and opportunity to reinstate at a later date. c. 2021 RTBR program - $1,700,000 in FY 22 i. April 23, 2020 Update - No immediate proposal to implement. Readdress proposal later if first cut list is insufficient d. Staff training, organization wide - $100,000 annual i. April 23, 2020 Update – Reduce the annual spend for this project but watch for a turnaround and opportunity to reinstate the full budget amount. e. Staff membership in professional organizations – TBD i. April 23, 2020 Update – Reduce the annual spend for this project but watch for a turnaround and opportunity to reinstate the full budget amount. f. Ask for all consultants, vendors, and partners to reduce contract value - TBD i. April 23, 2020 Update - No immediate proposal to implement. Readdress proposal later if first cut list is insufficient. However, without being asked, Attorney Orr has reduced her hourly rate by 7.5%. g. Mosquito control - $6,000 annual i. April 23, 2020 Update - No immediate proposal to implement. Readdress proposal later if first cut list is insufficient h. Library liability insurance - $25,000 annual i. April 23, 2020 Update - No immediate proposal to implement. Readdress proposal later if first cut list is insufficient i. Tuition reimbursement for currently enrolled employees - $15,000 annual in five year budget proposal i. April 23, 2020 Update - No immediate proposal to implement. Readdress proposal later if first cut list is insufficient j. Minute taking change - $4,000 annual i. April 23, 2020 Update - No immediate proposal to implement. Readdress proposal later if first cut list is insufficient k. Snow plow blades - $14,000 in FY 21 i. April 23, 2020 Update - No immediate proposal to implement. Readdress proposal later if first cut list is insufficient l. Playground replacements - $200,000 in FY 21 i. April 23, 2020 Update - No immediate proposal to implement. Readdress proposal later if first cut list is insufficient m. Parks equipment and mowers - $70,000 in FY 21 i. April 23, 2020 Update – Cut until things to stabilize. n. Sanitary sewer crawler camera - $65,000 in FY 21 i. April 23, 2020 Update – Cut until things stabilize. o. Hot water unit for vactor truck - $15,000 in FY 21 i. April 23, 2020 Update – Cut until things stabilize. p. Public Works mowers - $31,000 in FY 21 i. April 23, 2020 Update – Cut until things stabilize. q. Elizabeth St watermain replacement - $600,000 in FY 21 i. April 23, 2020 Update – Cut until things stabilize. This project is entirely housed within the water fund, but we are recommending it be deferred indefinitely to protect cash-flow. r. Water fund capital including vehicles, Appletree Ct watermain, Well #7 electrical work, SCADA upgrades, water tower painting, Orange and Olsen watermain engineering work, and pressuring sensing valve program - $100,000 in FY 21 i. April 23, 2020 Update - No immediate proposal to implement. Readdress proposal later if first cut list is insufficient. Costs are entirely housed within the water fund. Expenditures - High difficulty to implement or high impact to organization and services (all old text, no updates) 45. Compensation and benefits a. Reduce health insurance benefits – TBD i. April 23, 2020 Update - No immediate proposal to implement. Readdress proposal later if first cut list is insufficient b. Change health insurance carrier – would have been $100,000 difference in FY 21 if implemented, value in FY 22 is TBD i. April 23, 2020 Update - No immediate proposal to implement. Readdress proposal later if first cut list is insufficient c. Move to self insurance – Value TBD, but risk to City would increase i. April 23, 2020 Update - No immediate proposal to implement. Readdress proposal later if first cut list is insufficient d. Furloughs of 20% (turning a 40 hour work week into a 32 hour work week) for all employees, including union employees (bargained) - $1,500,000 annual and compounded i. April 23, 2020 Update - No immediate proposal to implement. Readdress proposal later if first cut list is insufficient e. Progressive salary cuts of 5% for employees paid less than $60,000 annually, 10% for employees between $60,000 and $100,000 annually, and 15% for employees above $100,000 - $900,000 annually and compounded i. April 23, 2020 Update - No immediate proposal to implement. Readdress proposal later if first cut list is insufficient f. Salary freeze for all union employees (must be negotiated) - $100,000 annually and compounded i. April 23, 2020 Update – Recommendations to negotiate with unions. 46. Waves of staff layoffs – The City’s peak full-time employment count prior to the last recession was 96 actual employees, with 105 budgeted. During the recession and afterwards, the City reduced employment counts through a variety of methods and had a low-count of 71 full-time employees. The City’s current employment count as of April is 77. Layoffs would have varying service impacts and cost savings, and specific layoffs would only be discussed in executive session. a. April 23, 2020 Update - No immediate proposal to implement. Readdress proposal later if first cut list is insufficient 47. Sell assets a. The Van Emmon Activity Center was worth $1.2m prior to the pandemic. i. April 23, 2020 Update - No immediate proposal to implement. Readdress proposal later if first cut list is insufficient b. The 8 acres at Kendall Marketplace was worth $400,000 prior to the pandemic. i. April 23, 2020 Update - No immediate proposal to implement. Readdress proposal later if first cut list is insufficient 48. Categorical last resorts a. Refinance, restructure, and/or renegotiate all bond payments to delay and reduce imminent bond payment amounts. i. April 23, 2020 Update – No immediate proposal to implement, but due diligence will be conducted by staff for December 2020 bond payments. b. Renegotiate all developer obligations and payments to reduce imminent payment amounts. i. April 23, 2020 Update – No immediate proposal to implement, but due diligence will be conducted by staff on a case-by-case basis. c. Restructure developer fees and deposits to reduce City’s financial burden. This would have the impact of increasing costs to developers and builders. i. April 23, 2020 Update - April 23, 2020 Update - No immediate proposal to implement. Readdress proposal later if first cut list is insufficient d. Revenue enhancements. There are many options for raising tax and fee amounts, and creating new taxes but these would only help the organization and would burden the public. i. April 23, 2020 Update - No immediate proposal to implement. Readdress proposal later if first cut list is insufficient New Proposals, as of April 23, 2020 (all old text, no updates) 49. Part-time hires – As noted above in the hiring freeze section, the Director Dhuse and Director Evans have both separately made the recommendation not to hire any seasonal part-time help in their departments. $100,000 FY 21 value. 50. Outsourced inspections – Director Noble and Code Official Ratos have been managing inspection workload to minimize outsourcing. $60,000 FY 21 value. 51. Baseline Road Bridge – There has been no specific proposal to spend these funds, as they had been budgeted simply as a protection against a sudden closure of the bridge. $25,000 FY 21 value. New Proposals, as of May 7, 2020 (all old text, no updates) 52. UDO – At the direction of the Mayor, the City staff negotiated a one-year pause of the UDO with both consultants. The consultants agree that the rates and cost within the agreement will continue forward for the extra year and that the study could be resumed at any time within the year. $80,000 FY 21 value. Recommendation This is an informational item. Staff requests feedback on the content within.