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City Council Packet 2022 01-25-22
AGENDA CITY COUNCIL MEETING Tuesday, January 25, 2022 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 Arden Joe Plocher Chris Funkhouser Seaver Tarulis Dan Transier Craig Soling Matt Marek Jason Peterson Establishment of Quorum: Amendments to Agenda: Presentations: Public Hearings: Citizen Comments on Agenda Items: Consent Agenda: 1. Minutes of the Regular City Council – January 11, 2022 2. Bill Payments for Approval $ 987,269.16 (vendors) $ 351,148.32 (payroll period ending 01/07/22) $ 1,292,617.48 (total) 3. PW 2022-04 2021 Road to Better Roads Final Payment Estimate – Change Order No. 1 – authorize the Mayor to execute 4. PW 2022-05 2021 Road to Better Roads (Additional) – Change Order No. 1 – authorize the Mayor to execute 5. ADM 2022-02 Treasurer’s Report for December 2021 6. ADM 2022-06 Ordinance Providing for New Garbage Service Rates – authorize the Mayor and City Clerk to execute Mayor’s Report: 1. CC 2022-04 Resolution Approving a Memorandum of Understanding By and Between the United City of Yorkville and Yorkville Community School District 115 United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us City Council Agenda January 25, 2022 Page 2 Mayor’s Report (cont’d): 2. CC 2022-05 Bright Farms Development Agreement 3. CC 2022-06 Galena Road / Kennedy Road Intersection Improvements – Land Acquisition 4. CC 2022-07 Appointment of Freedom of Information Officer – Katelyn Gregory Public Works Committee Report: Economic Development Committee Report: 1. EDC 2021-43 Ordinance Approving a Development Agreement Between the United City of Yorkville and Rally Homes, L.L.C. Public Safety Committee Report: 1. PS 2021-25 Resolution Approving a Master Customer Agreement By and Between the United City of Yorkville and Watchguard Video, Inc. Administration Committee Report: 1. ADM 2022-07 Audit RFP Results and Recommendations Park Board: Planning and Zoning Commission: 1. PZC 2021-07 and EDC 2021-46 Ordinance Granting Variances to the Stormwater Management, Landscape and Zoning Ordinances for a 21-Acre Parcel Located at 304 River Street (Yorkville Bristol Sanitary District) City Council Report: City Clerk’s Report: Community and Liaison Report: Staff Report: Mayor’s Report (cont’d): 5. CC 2021-04 City Buildings Updates 6. CC 2021-38 Water Study Update Additional Business: Citizen Comments: Executive Session: Adjournment: City Council Agenda January 25, 2022 Page 3 COMMITTEES, MEMBERS AND RESPONSIBILITIES ADMINISTRATION: February 16, 2022 – 6:00 p.m. – City Hall Conference Room Committee Departments Liaisons Chairman: Alderman Soling Finance Library Vice-Chairman: Alderman Funkhouser Administration Committee: Alderman Transier Committee: Alderman Tarulis ECONOMIC DEVELOPMENT: February 1, 2022 – 6:00 p.m. – City Hall Conference Room Committee Departments Liaisons Chairman: Alderman Peterson Community Development Planning & Zoning Commission Vice-Chairman: Alderman Koch Building Safety & Zoning Kendall Co. Plan Commission Committee: Alderman Plocher Committee: Alderman Funkhouser PUBLIC SAFETY: March 3, 2022 – 6:00 p.m. – City Hall Conference Room Committee Departments Liaisons Chairman: Alderman Transier Police School District Vice-Chairman: Alderman Tarulis Committee: Alderman Soling Committee: Alderman Marek PUBLIC WORKS: February 15, 2022 – 6:00 p.m. – City Hall Conference Room Committee Departments Liaisons Chairman: Alderman Marek Public Works Park Board Vice-Chairman: Alderman Plocher Engineering YBSD Committee: Alderman Koch Parks and Recreation Committee: Alderman Peterson UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, January 25, 2022 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS ON AGENDA ITEMS: ----------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Minutes of the Regular City Council – January 11, 2022 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. Bill Payments for Approval □ Approved ________ □ As presented □ As amended □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2022-04 2021 Road to Better Roads Final Payment Estimate – Change Order No. 1 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2022-05 2021 Road to Better Roads (Additional) – Change Order No. 1 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 5. ADM 2022-02 Treasurer’s Report for December 2021 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 6. ADM 2022-06 Ordinance Providing for New Garbage Service Rates □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR’S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2022- 04 Resolution Approving a Memorandum of Understanding By and Between the United City of Yorkville and Yorkville Community School District 115 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2022-05 Bright Farms Development Agreement □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. CC 2022-06 Galena Road / Kennedy Road Intersection Improvements – Land Acquisition □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 4. CC 2022-07 Appointment of Freedom of Information Officer – Katelyn Gregory □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2021-43 Ordinance Approving a Development Agreement Between the United City of Yorkville and Rally Homes, L.L.C. □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PS 2021-25 PS 2021-25 Resolution Approving a Master Customer Agreement By and Between the United City of Yorkville and Watchguard Video, Inc. □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- ADMINISTRATION COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. ADM 2022-07 Audit RFP Results and Recommendations □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- PLANNING AND ZONING COMMISSION: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PZC 2021-07 and EDC 2021-46 Ordinance Granting Variances to the Stormwater Management, Landscape and Zoning Ordinances for a 21-Acre Parcel Located at 304 River Street (Yorkville Bristol Sanitary District) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR’S REPORT (CONT’D): ----------------------------------------------------------------------------------------------------------------------------------------- 5. CC 2021-04 City Buildings Updates □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 6. CC 2021-38 Water Study 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/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 Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #1 Tracking Number Minutes of the Regular City Council – January 11, 2022 City Council – January 25, 2022 Majority Approval Approval of Minutes Jori Behland 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, JANUARY 11, 2022 Mayor Purcell called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. Mayor Purcell stated that he has determined that under the Governor’s orders the meeting can be held with electronic attendance for the safety of the council members and the public and to help prevent the spread of the coronavirus. ROLL CALL City Clerk Behland called the roll. Ward I Koch Present (electronic attendance) Transier Present (electronic attendance) Ward II Plocher Present (electronic attendance) Soling Present Ward III Funkhouser Present (electronic attendance) Marek Present (electronic attendance) Ward IV Tarulis Absent Peterson Present (electronic attendance) Staff in attendance at City Hall: City Clerk Behland, City Administrator Olson, Chief of Police Jensen and Attorney Orr. Staff in attendance electronically: Public Works Director Dhuse, Community Development Director Barksdale-Noble, Finance Director Fredrickson, Parks and Recreation Director Evans, Assistant City Administrator Willrett, Purchasing Manager Gayle, and EEI Engineer Sanderson. Clerk’s Note: Due to COVID-19, in accordance with Public Act 101-0640 and Gubernatorial Disaster Proclamation issued by Governor Pritzker pursuant to the powers vested in the Governor under the Illinois Emergency Management Act, the United City of Yorkville encouraged social distancing by allowing remote attendance to the City Council meeting. 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/88922802952?pwd=Y05NeEJndmMxYjBSRjFhWnBmVmhLUT09. The Zoom meeting ID was 889 2280 2952. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS None. PUBLIC HEARINGS 1. Oswego/Yorkville Boundary Agreement 2. Community Development Block Grant (CDBG) Project This public hearing will provide interested parties an opportunity to express their views on the proposed federal funded Community Development Block Grant (CDBG) project. These funds are to be used for a community development project that will include the construction of a sanitary sewer. The total amount of CDBG funds to be requested is $1,000,000.00. Please see attached transcript from the court reporter regarding the public hearing portion of the meeting. CITIZEN COMMENTS ON AGENDA ITEMS None. The Minutes of the Regular Meeting of the City Council – January 11, 2022 – Page 2 of 6 CONSENT AGENDA 1. Minutes of the Regular City Council – December 14, 2021 2. Bill Payments for Approval $ 1,253,419.16 (vendors) $ 2,906,692.79 (wire payments) $ 661,321.27 (payroll period ending 12/10/21 & 12/23/21) $ 4,821,433.22 (total) 3. ADM 2021-54 Treasurer’s Report for November 2021 Mayor Purcell entertained a motion to approve the consent agenda. So moved by Alderman Soling; seconded by Alderman Peterson. Motion approved by a roll call vote. Ayes-7 Nays-0 Plocher-aye, Funkhouser-aye, Transier-aye, Soling-aye, Marek-aye, Peterson-aye, Koch-aye REPORTS MAYOR’S REPORT Sports Uniforms Contract Extension Ordinance 2022-01 Authorizing the Third Amendment to the Annual Budget for the Fiscal Year Commencing on May 1, 2021 and Ending on April 30, 2022 Contract Extension Approval for the BSN Sports to Purchase Athletic Equipment and Uniforms (CC 2021-09) Mayor Purcell entertained a motion to approve an Ordinance Authorizing the Third Amendment to the Annual Budget for the Fiscal Year Commencing on May 1, 2021 and Ending on April 30, 2022 and authorize the Mayor and City Clerk to execute and a motion to approve the Contract Extension for the BSN Sports to Purchase Athletic Equipment and Uniforms Contract. So moved by Alderman Koch; seconded by Alderman Marek. Motion approved by a roll call vote. Ayes-7 Nays-0 Funkhouser-aye, Transier-aye, Soling-aye, Marek-aye, Peterson-aye, Koch-aye, Plocher-aye Fireworks Contract Extension Ordinance 2022-02 Authorizing the Fourth Amendment to the Annual Budget for the Fiscal Year Commencing on May 1, 2021 and Ending on April 30, 2022 Contract Extension Approval for the Mad Bomber Fireworks Productions Contract (CC 2021-13) Mayor Purcell entertained a motion to approve an Ordinance Authorizing the Fourth Amendment to the Annual Budget for the Fiscal Year Commencing on May 1, 2021 and Ending on April 30, 2022 and authorize the Mayor and City Clerk to execute and a motion to approve the Contract Extension for the Mad Bombers Fireworks Productions Contract. So moved by Alderman Soling; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-7 Nays-0 Transier-aye, Soling-aye, Marek-aye, Peterson-aye, Koch-aye, Plocher-aye, Funkhouser-aye Ordinance 2022-03 Retaining the Number of Wards and Alderpersons of the United City of Yorkville (CC 2021-57) Mayor Purcell entertained a motion to approve an Ordinance Retaining the Number of Wards and Alderpersons of the United City of Yorkville and authorize the Mayor and City Clerk to execute. So moved by Alderman Funkhouser; seconded by Alderman Transier. Motion approved by a roll call vote. Ayes-7 Nays-0 Soling-aye, Marek-aye, Peterson-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Transier-aye The Minutes of the Regular Meeting of the City Council – January 11, 2022 – Page 3 of 6 MFT Resolution 2022-01 and Estimate for the 2022 Road to Better Roads Program (CC 2022-01) Mayor Purcell entertained a motion to approve an MFT Resolution for the 2022 Road to Better Roads Program and authorize the Mayor and City Clerk to execute. So moved by Alderman Soling; seconded by Alderman Marek. Motion approved by a roll call vote. Ayes-7 Nays-0 Marek-aye, Peterson-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Transier-aye, Soling-aye Resolution 2022-02 of Support and Commitment of Local Funds for a Community Development Block Grant Program Grant (CC 2022-02) Mayor Purcell entertained a motion to approve a Resolution of Support and Commitment of Local Funds for a Community Development Block Grant Program Grant, and authorize the Mayor and City Clerk to execute. So moved by Alderman Soling; seconded by Alderman Transier. Administrator Olson explained this is a $1,000,000.00 grant with no risk or cost to the City. There is also no penalty if the City decides not to move forward with the project. This grant is for the sewer extension needed for the Bright Farms project. Sean O’Neill with Bright Farms gave a short presentation to the Council. (presentation attached) Mayor Purcell asked how many jobs they believed this project would achieve. Sean said between forty to fifty jobs per module, with the full build-out between 160 to 200 employees. Alderman Soling asked what the plan is for the reuse and recapture of the water as Bright Farm does not plan on tapping into a well. Sean mentioned that Bright Farms does not wash their lettuce, eliminating a lot of the processed water. They have processed water from washing out their systems and machines, which will go through floor drains that will be caught, treated, and reused. Alderman Funkhouser asked how many gallons would be pumped daily, and Sean said around 50,000 gallons per module per day. The plants consume approximately 36,000 gallons of the 50,000 gallons. Alderman Funkhouser also asked how the truck traffic would be, and Sean said they had a traffic study done, and it would have no impact on Eldamain Road. Bright Farms is not an average distribution center as they only do possibly a quarter to a third of the output of an average distribution center. Assistant City Administrator Willrett said the first step was the public hearing which took place today. Next, the staff is looking to pass the resolution tonight to show support of the project and agree to use local funds. The grant is $1,000,000.00 and the project is around $3,200,000.00 million. There is no obligation even if we are awarded the grant. If the Council passes the resolution, Assistant City Administrator Willrett will start the application process. The next step is to approve tonight’s minutes with certification by the City Clerk at the next City Council meeting. Then, after the January 25th meeting, Assistant City Administrator Willrett will send the application to the state for the initial review. The state will, at that point, let us know if we are moving on for the grant and if so, we will do a participation agreement with the state due to the grant money being federal funds. Alderman Funkhouser wanted clarification on the possible funding for the $2.2 million difference. City Administrator Olson said there are a few viable options for financing: DCEO grant, developer funding, and developer front funding. Motion approved by a roll call vote. Ayes-7 Nays-0 Peterson-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Transier-aye, Soling-aye, Marek-aye Corneils Road Interceptor Sewer – Professional Services Agreement – Design Engineering Bright Farms Development Agreement – Update (CC 2022-03) Mayor Purcell entertained a motion to approve a Corneils Road Interceptor Sewer Professional Services Agreement – Design Engineering and authorize the Mayor and City Clerk to execute. So moved by Alderman Marek; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-7 Nays-0 Koch-aye, Plocher-aye, Funkhouser-aye, Transier-aye, Soling-aye, Marek-aye, Peterson-aye The Minutes of the Regular Meeting of the City Council – January 11, 2022 – Page 4 of 6 PUBLIC WORKS COMMITTEE REPORT Resolution 2021-03 Approving a Contract for Garbage, Refuse, Recycling and Yard Waste Collections Services with Groot, Inc. (PW 2021-72) Alderman Marek made a motion to approve a Resolution Approving a Contract for Garbage, Refuse, Recycling and Yard Waste Collections Services with Groot, Inc. and authorize the Mayor and City Clerk to execute; seconded by Alderman Plocher. Administrator Olson explained four items had been changed since the contract was put in the City Council packet. One item that was not changed, but Administrator Olson said the Council could vote on, included adding an extended period for yard waste collection. There is an option to push it out to the third week in December, which would cost an additional $33,000. The four changes to the contract are as follows: the route map was not included in the packets, but staff is proposing the route map as we currently have it with Waste Management, Groot does not have hazardous waste collection, so all items referenced to it is removed from the contract, the cost of curbside stickers for bulk items is changing to $2 per sticker, and the final update is that Groot has a 50lb limit on bulk items that they will pick up. Josh Molnar with Groot said they could not negotiate the 50lb limit because it is an industry-standard. Alderman Soling asked if the service dates stay the same, and Josh said they requested to add Wednesday to the pickup days. Alderman Funkhouser mentioned the stickers people have already purchased from our current provider, which Administrator Olson mentioned that the City would buy them back from the residents who had previously purchased them. Alderman Funkhouser asked if we could have a brochure or a printout clarifying items Groot will not pick up and clarification on the 50lb limit. Alderman Soling asked about the process of getting the residents the correct totes they requested. Administrator Olson said this is an operational issue that has not been finalized yet. Previously, due to tight turnarounds, they gave all residents a standard 65 gallon, then residents would request from there if they wanted to change the size. Alderman Marek asked Josh if Groot does not pick up an item due to size what the process is; Josh said they would leave a sticker with information on why it was not collected with a phone number. Motion approved by a roll call vote. Ayes-7 Nays-0 Plocher-aye, Funkhouser-aye, Transier-aye, Soling-aye, Marek-aye, Peterson-aye, Koch-aye Well No. 4 Rehabilitation – Bid Award (PW 2021-73) Alderman Marek made a motion to accept bid and award to Layne Christensen Company in an amount not to exceed $286,627.00; seconded by Alderman Peterson. Motion approved by a roll call vote. Ayes-7 Nays-0 Funkhouser-aye, Transier-aye, Soling-aye, Marek-aye, Peterson-aye, Koch-aye, Plocher-aye Lake Michigan Allocation – Engineering Agreement (PW 2021-74) Alderman Marek made a motion to approve an Agreement for Professional Services for Lake Michigan Allocation Permit Application and authorize the Mayor and City Clerk to execute; seconded by Alderman Koch. Motion approved by a roll call vote. Ayes-7 Nays-0 Transier-aye, Soling-aye, Marek-aye, Peterson-aye, Koch-aye, Plocher-aye, Funkhouser-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance Approving a Development Agreement Between the United City of Yorkville and Rally Homes, L.L.C. – First Reading (EDC 2021-43) Community Development Director Barksdale-Noble explained that the successor owner and developer of the Kendallwood Estates subdivision is Rally Homes, LLC represented by Anthony Montalbano. Rally Homes, LLC is seeking the following approvals by the City to restart the former Kendallwood Estates development successfully. The first item is the off-site watermain improvements which they are proposing to create a single 12” high-pressure water line and relocate it along Illinois Route 126 of the future IDOT right-of-way by purchasing an additional easement. The second item is for the construction prior to the watermain connection. Rally Homes is seeking the allowance to construct and receive final The Minutes of the Regular Meeting of the City Council – January 11, 2022 – Page 5 of 6 occupancy for up to 43 home sites prior to the looping of the watermain system, which must occur no later than May 31, 2024. The third item is regarding the reduction of land cash valuation. The current land cash valuation is $101,000 per improved acre. Rally Homes is requesting to reduce this amount to $55,000 per improved acre. The proposed development agreement fee lock on land cash valuation will terminate either with the final building permit being issued or no later than five years from the date of the agreement’s approval, whichever is sooner. Rally Homes is looking to change the name of the Kendallwood Estates subdivision to Timber Woods Estates and will be changing the names of the streets. The draft development agreement is within the packet. Alderman Funkhouser mentioned that the City already has a subdivision named Timber Glenn and asked if there is a conflict having two subdivisions with such a close name. Community Development Director Barksdale-Noble mentioned there is already a Timber Ridge in unincorporated Kendall County. She clarified that all responses by emergency vehicles are to addresses specifically and not subdivision names. Mayor Purcell asked the petitioner to consider changing the subdivision's name. Riverside Street – 1.5 Mile Review - Withdrawn (EDC 2021-45) No motions needed – Petitioner has withdrawn their application Resolution 2022-04 to Induce the Redevelopment of Certain Properties within the Yorkville Downtown Tax Increment Redevelopment Project Area (EDC 2022-07) Alderman Peterson made a motion to approve a Resolution to Induce the Redevelopment of Certain Properties within the Yorkville Downtown Tax Increment Redevelopment Project Area and Authorize the Mayor and City Clerk to execute; seconded by Alderman Marek. Motion approved by a roll call vote. Ayes-7 Nays-0 Soling-aye, Marek-aye, Peterson-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Transier-aye Resolution 2022-05 Approving an Economic Development Consultant’s Agreement (EDC 2022-06) Alderman Peterson made a motion to approve a Resolution Approving an Economic Development Consultant’s Agreement and authorize the Mayor and City Clerk to execute; seconded by Alderman Plocher. Alderman Funkhouser requested that they change it to a fixed fee instead of having an open-ended contract. Motion approved by a roll call vote. Ayes-6 Nays-1 Marek-aye, Peterson-aye, Koch-aye, Plocher-aye, Funkhouser-nay, Transier-aye, Soling-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Sales Tax Performance and Budget Projections (ADM 2021-57) Alderman Funkhouser explained this is an informational item that shows what the City will do with the excess funds over a certain percentage as the City’s sales tax continues to perform exceptionally. Resolution 2022-06 Approving a Repeal of the Minute Taker’s Hourly Wage Policy (ADM 2021-58) Alderman Funkhouser made a motion to approve a Resolution Approving a Repeal of the Minute Taker’s Hourly Wage Policy and authorize the Mayor and City Clerk to execute; seconded by Alderman Marek. Motion approved by a roll call vote. Ayes-7 Nays-0 Peterson-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Transier-aye, Soling-aye, Marek-aye PARK BOARD No report. The Minutes of the Regular Meeting of the City Council – January 11, 2022 – Page 6 of 6 PLANNING AND ZONING COMMISSION No report. CITY COUNCIL REPORT No report. CITY CLERK’S REPORT No report. COMMUNITY & LIAISON REPORT YBSD Meeting Alderman Soling said he was at the YBSD meeting last night. There was a spike in COVID during the testing in the sanitary water during the holiday season, but it has since returned to the standard numbers they saw before the holidays. STAFF REPORT No report. MAYOR’S REPORT (cont’d) Police Department – Thank You Mayor Purcell wanted to take a moment to thank the Yorkville Police Department as they had a fire at a county jurisdiction location which some of the Yorkville officers assisted. The officers helped assist with carrying out two people from the burning building. Prairie Pointe Building Update (CC 2021-04) Administrator Olson said a memo is in the packet with the request for proposals schedule, which is now public. Water Study Update (CC 2021-38) Administrator Olson said that there was no water study update at this time. Alderman Peterson asked when residents will start to see an increase in their water bills. Mayor Purcell explained this is a policy decision that will have Council approval when it comes time to vote, but they do not know when the increase will start. Mayor Purcell said it could begin next calendar year. ADDITIONAL BUSINESS Public Works – Snow Plowing Alderman Marek wanted to thank Public Works Director Dhuse and the public works staff for staying on top of the plowing and salting the streets throughout these last few storms. Alderman Funkhouser asked if staff has ever considered plowing trails. Public Works Director Dhuse explained it all depends on the workforce and equipment, but they will investigate it. Alderman Peterson brought up the Autumn Creek filling station park sidewalk next to the Autumn Creek Elementary School. Alderman Peterson said he has had multiple inquiries on if that area could be plowed and salted. Public Works Director explained that sidewalk cleanup is at the very best next day clean up. Administrator Olson clarified that sidewalks and trails are not part of the City’s normal service policy. Public works staff will get to sidewalks and trails from time to time, but it depends on the workforce. If the Council wanted to make sidewalk and trails a more standard policy, there would need to be a more extensive conversation on staffing and equipment to accommodate it. CITIZEN COMMENTS None. EXECUTIVE SESSION None. ADJOURNMENT Mayor Purcell entertained a motion to adjourn the City Council meeting. So moved by Alderman Peterson; seconded by Alderman Marek. Motion unanimously approved by a viva voce vote. Meeting adjourned at 9:00 p.m. Minutes submitted by: Jori Behland, City Clerk, City of Yorkville, Illinois 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - January 11, 2022 1 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS CITY COUNCIL MEETING PUBLIC HEARING 800 Game Farm Road Yorkville, Illinois Tuesday, January 11, 2022 7 :00 p .m . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - January 11, 2022 2 PRESENT (in person and via Zoom): Mr. John Purcell, Mayor; Mr. Ken Koch, Alderman; Mr. Dan Transier, Alderman; Mr. Arden Joe Plocher, Alderman; Mr. Craig Soling, Alderman; Mr. Chris Funkhouser, Alderman; Mr. Matt Marek, Alderman; Mr. Jason Peterson, Alderman. ALSO PRESENT (in person and via Zoom): Mr. Bart Olson, City Administrator; Ms. Jori Behland, City Clerk; Ms. Erin Willrett, Assistant City Administrator; Ms. Kathleen Field-Orr, City Attorney; Mr. Brad Sanderson, City Engineer; Mr. Eric Dhuse, Public Works Director; Ms. Krysti Barksdale-Noble, Community Development Director; Mr. Rob Fredrickson, Finance Director; Mr. Tim Evans, Parks and Recreation Director; Chief James Jensen, Yorkville Police 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - January 11, 2022 3 Department; Ms. Shanel Gayle, Purchasing Manager. - - - - - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - January 11, 2022 4 (WHEREUPON, the following proceedings were had in public hearing portion of the meeting:) MAYOR PURCELL: I will open the public hearing to allow the public and others to discuss anything they have on the Oswego/Yorkville boundary agreement. So the agreement -- Is it in the packet or not? UNIDENTIFIED SPEAKER: Yes. MAYOR PURCELL: It is. It is in the packet. This is not a vote tonight by the Council, though, I mean, if Council members have some thoughts, but we will discuss it, but I will first open this up. Are there any members of the public here that have any comments for the public hearing for the boundary agreement? (No response.) MAYOR PURCELL: Seeing none or hearing none, are there any members of the public in Zoomland that have any comments on the Oswego/Yorkville boundary agreement? If you do, please say yes and state your name. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - January 11, 2022 5 (No response.) MAYOR PURCELL: Hearing none, do any Aldermen have any comments, or do you want to just discuss this when we put it on the agenda -- is it going to be next time? MR. OLSON: Exactly, yes. MAYOR PURCELL: Are we okay if we discuss it in two weeks, or does anyone have any comments now? (No response.) MAYOR PURCELL: Okay. Hearing no comments, I close the Oswego/Yorkville boundary agreement public hearing. And next we have the Community Development Block Grant project agreement -- or not agreement, but public hearing. I open that public hearing. This public hearing will provide interested parties an opportunity to express their views on the proposed federal funding -- federal funded Community Development Block Grant project. These funds are to be used for a community development project that will include 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - January 11, 2022 6 the construction of a sanitary sewer. The total amount of the CDBG, Community Development Block Grant, funds to be requested is $1 million. So this, again, is the public hearing. We will have discussion on this later in the meeting, but I think Bart has something he needs to read per statute, or something or other. MR. OLSON: Yes. I am going to turn the camera a little bit here, and we have a prepared script basically to be read as part of the State's grant information, so I have a prepared script. Sean O 'Neill of BrightFarms is on the Zoom. He is prepared to give a five to seven-minute presentation with a few slides later on in the packet for the actual project. For purposes of the public hearing, the amount of funds available to the City are $1 million. The project activities that will be undertaken with the grant funding is a sewer extension to serve the BrightFarms development. This infrastructure will enable BrightFarms to pursue the project and invest the private capital in a large local job generating 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - January 11, 2022 7 high tech greenhouse. If the grant is received, funds from the City's General Fund and enterprise funds in the amount of $2 ,227,000 -- 2 27,415 will be used, in conjunction with the grant moneys, to fund the estimated total project cost of $3 ,2 27,000 -- and $415 for the sewer extension. The estimated amount proposed for activities that will benefit low-to-moderate income individuals is 56 percent for the $1 million g rant. The goal of the Community Development Department is to develop plans and policies will which guide the growth and development of the United City of Yorkville ensuring a high quality of life for all residents and an attractive location for all businesses. Additional goals include the following: To provide assistance to citizens, Council, developers and agencies in making informed decisions regarding the development of the City; To provide excellent customer service to applicants and the general public for 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - January 11, 2022 8 all matters relating to the development process; Coordinate development activity to ensure development occurs in a manner consistent with stated community vision and direction. And taken from the 2016 Comprehensive Plan, the housing data shows that nearly 60 percent of the homes in Yorkville were built between 2000 and 2009, which a large percentage of these homes in Yorkville also fall within the 200 to $299,000 range. An oversupply of homes at the same age and within the same price range limits the types of housing products that attract a broader range of home buyers. Apartment and rental housing could also provide housing opportunities for households who may not be able to secure a first-time mortgage, as well as for seniors who desire to live in a semi-rural setting. That's a comment more about our community goals and not necessarily this specific project, sewer for an industrial development. CDBG support for this public infrastructure project will enable BrightFarms to pursue the project and invest the private capital 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - January 11, 2022 9 in a large local job generating high tech greenhouse. The public infrastructure request of a sanitary sewer extension is what is being sought after through this grant application. It is shown through the City's audit that the financial gap is present, and without the grant assistance, the City would not be able to fund this large-scale infrastructure project. This greenhouse will serve a two-to-four hour radius and lettuce will continue to reach grocers' shelves within 24 hours of harvest. Depending on the set of technologies they employ and their ultimate size, 20 to 40 acres, the greenhouses will produce 20 to 40 million pounds of fresh leafy greens per year; however, facilities of this size and volume need enabling infrastructure. Roads, water and sewer systems are critical to ensuring that private investment can be made, local jobs created, and growth can continue for this promising segment of higher skill, higher tech agriculture. And that concludes the presentation and script for this public hearing. MAYOR PURCELL: Okay. Thank you, Bart. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - January 11, 2022 10 So again, this is the public hearing and we will have discussion on this item later and a short presentation, but I will ask are there any comments from anyone in the room here, any members of the public? (No response.) MAYOR PURCELL: No one is in the room -- or no one in the room is making comments, let me rephrase. Are there any members in Zoomland who would like to make any comments for the public hearing? Again, for the Aldermen, we will be discussing this later. Any members of the public? (No response.) MAYOR PURCELL: I close the public hearing for the Community Development Block Grant project. Thank you very much. (Which were all the proceedings had in the public hearing portion of the meeting.) ---o 0 o --- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearings - January 11, 2022 11 STATE OF ILLINOIS ) ) SS. COUNTY OF LASALLE ) I , Christine M . Vitosh, a Certified Shorthand Reporter, do hereby certify that I transcribed the proceedings had at the pubic hearing and that the foregoing, Pages 1 through 11, inclusive, is a true, correct and complete computer-generated transcript of the proceedings had at the time and place aforesaid. I further certify that my certificate annexed hereto applies to the original transcript and copies thereof, signed and certified under my hand only. I assume no responsibility for the accuracy of any reproduced copies not made under my control or direction. As certification thereof, I have hereunto set my hand this 12th day of January, A .D ., 2022. Christine M . 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Zero Landfill Waste Water Neutral Carbon Neutral 2024 2034 2034 5 Our greenhouses are clear glass – they do not look like warehouses – pleasant to look at in the daylight. 6 And hard to see at night. 7 BrightFarms has optioned a parcel at the corner of Eldamain and Corneils Road. •Com Ed power readily available. •Gas to be brought up from Faxon Road. •Only sewer is lacking. 8 At full build-out, we plan four 8-acre greenhouses connected to a headhouse. We’ll start with one. 9 Benefits to Yorkville from our large-scale, local, high-tech agriculture. • The greenhouse brings utility infrastructure to the Eldamain corridor that allows long term business growth.Infrastructure •BrightFarms will contribute to town tax base and sewer system without adding residential rooftops.Revenue •Brings CA food production to IL •High tech ag jobs Local Food and Jobs Emissions Reduction •Potential for unique, food waste digestion process to generate our power. 10 We ask for the following support from the City of Yorkville. Sewer connection by Q1 2023 • BrightFarms based initial Yorkville planning on a $1.5 MM cost estimate less the $1 MM from CDBG Well permit and support with other basic permitting • We are bound by our public commitments to be good water stewards. We cannot use City water. It would have to be “untreated” for growing purposes. 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 Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #2 Tracking Number Bills for Payment City Council – January 25, 2022 Majority Approval Amy Simmons Finance Name Department 01-110 ADMINISTRATION01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATION01-640 ADMINISTRATIVE SERVICES01-111 FOX HILL SSA 01-112 SUNFLOWER ESTATES15-155 MOTOR FUEL TAX23-216 MUNICIPAL BUILDING23-230 CITY-WIDE CAPITAL 24-216 BUILDING & GROUNDS25-205 POLICE CAPITAL25-215 PUBLIC WORKS CAPITAL 25-225 PARK & REC CAPITAL 42-420 DEBT SERVICE51-510 WATER OPERATIONS52-520 SEWER OPERATIONS72-720 LAND CASH79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS84-840 LIBRARAY CAPITAL 87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN TIF II90-XXX DEVELOPER ESCROW950-XXX ESCROW DEPOSITDATE: 01/06/22TIME: 13:39:03UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/07/2022CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D002362 ORRKKATHLEEN FIELD ORR & ASSOC.01062201/06/22 01 SERIES 2022 BOND ISSUANCE COST 24-216-54-00-54022,931.0002 SERIES 2022 BOND ISSUANCE COST 52-520-54-00-540212,069.00INVOICE TOTAL:15,000.00 *DIRECT DEPOSIT TOTAL:15,000.00535970 SAULEWIN SAUL EWING ARNSTEIN & LEHR01062201/06/22 01 SERIES 2022 BOND ISSUANCE COST 24-216-54-00-54024,885.0002 SERIES 2022 BOND ISSUANCE COST 52-520-54-00-540220,115.00INVOICE TOTAL:25,000.00 *CHECK TOTAL:25,000.00535971 SPEER SPEER FINANCIAL, INC.217-2101/03/22 01 SERIES 2022 BOND ISSUANCE COST 24-216-54-00-54022,970.0802 SERIES 2022 BOND ISSUANCE COST 52-520-54-00-540212,229.92INVOICE TOTAL:15,200.00 *CHECK TOTAL:15,200.0040,200.0015,000.00TOTAL CHECKS PAID: TOTAL DIRECT DEPOSITS PAID: TOTAL AMOUNT PAID:55,200.00Page 1 of 27 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 01/18/22TIME: 09:05:29UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/25/2022CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------535973 AACVB AURORA AREA CONVENTION11/21-SUPER 12/29/21 01 NOV 2021 SUPER 8 HOTEL TAX 01-640-54-00-5481 1,078.78INVOICE TOTAL: 1,078.78 *12/21-ALL 01/04/22 01 DEC 2021 ALL SEASON HOTEL TAX 01-640-54-00-5481 26.46INVOICE TOTAL: 26.46 *CHECK TOTAL: 1,105.24535974 ALTORFER ALTORFER INDUSTRIES, INCP53C017692712/08/21 01 ASSORTED SWITCHES01-410-56-00-5628124.91INVOICE TOTAL:124.91 *CHECK TOTAL:124.91535975 AMPERAGE AMPERAGE ELECTRICAL SUPPLY INC1236498-IN11/23/21 01 LAMPS24-216-56-00-5656174.45INVOICE TOTAL:174.45 *1241802-IN12/09/21 01 BALLASTS23-230-56-00-564288.05INVOICE TOTAL:88.05 *1242480-IN12/14/21 01 ADJUSTABLE POLE BRACKET23-230-56-00-564220.7602 ADAPTER** COMMENT **INVOICE TOTAL:20.76 *1242692-IN12/14/21 01 STREET LIGHT HEAD23-230-56-00-5642830.00INVOICE TOTAL:830.00 *1244243-IN12/17/21 01 SPLICE KITS23-230-56-00-564280.70INVOICE TOTAL:80.70 *1244570-IN12/20/21 01 BULBS24-216-56-00-5656111.37INVOICE TOTAL:111.37 *Page 2 of 27 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 01/18/22TIME: 09:05:29UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/25/2022CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------535975 AMPERAGE AMPERAGE ELECTRICAL SUPPLY INC1245634-IN 12/21/21 01 ELECTRICAL GLOVES 01-410-56-00-5620 65.63INVOICE TOTAL: 65.63 *1246122-IN 12/27/21 01 BALLAST 23-230-56-00-5642 44.42INVOICE TOTAL: 44.42 *1246238-IN 12/27/21 01 DIMMABLE FLOOD LIGHTS 24-216-56-00-5656 47.10INVOICE TOTAL: 47.10 *CHECK TOTAL: 1,462.48D002363 ANTPLACE ANTHONY PLACE YORKVILLE LPFEB 2022 01/10/22 01 FEB 2022 CITY OF YORKVILLE 01-640-54-00-5427 829.0002 HOUSING ASSISTANCE PROGRAM ** COMMENT **03 RENT REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 829.00 *DIRECT DEPOSIT TOTAL: 829.00535976 ARTLIP ARTLIP & SONS, INC.202647 11/30/21 01 CITY HALL HEAT REPAIR 24-216-54-00-5446 226.50INVOICE TOTAL: 226.50 *CHECK TOTAL: 226.50535977 BATTERYS BATTERY SERVICE CORPORATION0081824 12/17/21 01 2 BATTERIES 01-410-56-00-5628 189.90INVOICE TOTAL: 189.90 *0082016 12/28/21 01 2 BATTERIES 01-410-56-00-5628 397.90INVOICE TOTAL: 397.90 *CHECK TOTAL: 587.80Page 3 of 27 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 01/18/22TIME: 09:05:29UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/25/2022CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------535978 BENNETTG BENNETT, GARY L.010222 01/02/22 01 JAN-APR 2022 BRUSH DUMPING 01-540-54-00-5443 400.0002 MAY-JUN 2022 BRUSH DUMPING 01-000-14-00-1400 200.00INVOICE TOTAL: 600.00 *CHECK TOTAL: 600.00535979 BKFD BRISTOL KENDALL FIRE DEPART.103121-LC 01/06/22 01 AUG-OCT 2021 DEVELOPEMENT FEES 95-000-24-00-2452 42,150.00INVOICE TOTAL:42,150.00 *CHECK TOTAL:42,150.00535980 BNSFBNSF RAILWAY COMPANY9023095412/20/21 01 WORK TO EXTEND CROSSING AT 23-230-60-00-60127,536.7802 MILL RD IN BOTH DIRECTIONS ON ** COMMENT **03 BOTH TRACKS** COMMENT **INVOICE TOTAL:7,536.78 *CHECK TOTAL:7,536.78535981 BOOMBAH BOOMBAH103121-STREBATE01/06/22 01 AUG-OCT 2021 STREBATE01-640-54-00-54924,554.18INVOICE TOTAL:4,554.18 *CHECK TOTAL:4,554.18535982 CENTRALL CENTRAL LIMESTONE COMPANY, INC2805111/29/21 01 AGLIME79-790-56-00-564052.1502 GRAVEL51-510-56-00-5620275.75INVOICE TOTAL:327.90 *Page 4 of 27 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 01/18/22TIME: 09:05:29UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/25/2022CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------535982 CENTRALL CENTRAL LIMESTONE COMPANY, INC28188 12/13/21 01 GRAVEL 79-790-56-00-5640 329.52INVOICE TOTAL: 329.52 *CHECK TOTAL: 657.42535983 COMED COMMONWEALTH EDISON0091033126-1221 12/30/21 01 11/29-12/30 RT34 & AUTMN CRK 23-230-54-00-5482 224.91INVOICE TOTAL: 224.91 *0435057364-1221 12/27/21 01 11/22-12/27 RT126 & STAGECOACH 23-230-54-00-5482 128.89INVOICE TOTAL: 128.89 *1647065335-1221 01/03/22 01 11/29-12/30 SARAVANOS PUMP 52-520-54-00-5480 227.23INVOICE TOTAL: 227.23 *2947052031-1221 12/29/21 01 11/24-12/29 RT47 & RIVER 23-230-54-00-5482 496.70INVOICE TOTAL: 496.70 *6819027011-1221 01/05/22 01 11/23-12/29 MISC PR BUILDINGS 79-795-54-00-5480 220.89INVOICE TOTAL: 220.89 *7110074020 -1221 12/28/21 01 11/23-12/28 104 E VAN EMMON 01-110-54-00-5480 354.30INVOICE TOTAL: 354.30 *7982120022-1221 01/03/22 01 11/24-12/29 609 N BRIDGE 01-110-54-00-5480 37.25INVOICE TOTAL: 37.25 *CHECK TOTAL: 1,690.17535984 COMPASS COMPASS MINERALS AMERICA898111 12/04/21 01 SALT 15-155-56-00-5618 14,840.66INVOICE TOTAL: 14,840.66 *CHECK TOTAL: 14,840.66Page 5 of 27 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 01/18/22TIME: 09:05:29UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/25/2022CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------535985 COREMAIN CORE & MAIN LPQ057306 12/08/21 01 WASHERS, WIRE 51-510-56-00-5664 388.13INVOICE TOTAL: 388.13 *Q108571 12/16/21 01 3" METER 51-510-56-00-5664 1,847.76INVOICE TOTAL: 1,847.76 *Q119371 12/20/21 01 4" METER 51-510-56-00-5664 3,392.18INVOICE TOTAL: 3,392.18 *Q125998 12/21/21 01 3" METER 51-510-56-00-5664 1,847.76INVOICE TOTAL: 1,847.76 *Q130729 12/29/21 01 32 100CF METERS 51-510-56-00-5664 4,000.00INVOICE TOTAL: 4,000.00 *Q136505 12/22/21 01 FLANGE 51-510-56-00-5664 30.45INVOICE TOTAL: 30.45 *Q143755 12/29/21 01 MEASURING CHAMBER 51-510-56-00-5664 1,186.00INVOICE TOTAL: 1,186.00 *CHECK TOTAL: 12,692.28535986 DIRENRGY DIRECT ENERGY BUSINESS1704706-220060047846 01/06/22 01 11/30-01/02 RT34 & BEECHER 23-230-54-00-5482 99.33INVOICE TOTAL: 99.33 *1704722-220060047846 01/06/22 01 11/30-12/27 2921 BRISTOL RDG 51-510-54-00-5480 5,601.94INVOICE TOTAL: 5,601.94 *1704723-220060047846 01/06/22 01 11/30-12/28 2224 TREMONT 51-510-54-00-5480 6,517.38INVOICE TOTAL: 6,517.38 *CHECK TOTAL: 12,218.65Page 6 of 27 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 01/18/22TIME: 09:05:29UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/25/2022CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------535987 DORNER DORNER PRODUCTS, INC160163-IN 12/15/21 01 ANGLE SPEED CONTROL 51-510-54-00-5445 2,088.00INVOICE TOTAL: 2,088.00 *CHECK TOTAL: 2,088.00535988 DUTEK THOMAS & JULIE FLETCHER1015798 12/13/21 01 HOSE ASSEMBLIES 01-410-56-00-5628 64.50INVOICE TOTAL: 64.50 *CHECK TOTAL: 64.50535989 DYNEGY DYNEGY ENERGY SERVICES38664352112112/30/21 01 10/26-11/23 420 FAIRHAVEN 52-520-54-00-5480108.1102 10/27-11/28 6780 RT4751-510-54-00-5480119.9703 11/23-12/27 456 KENNEDY RD 51-510-54-00-5480156.4104 11/09-12/09 4600 N BRIDGE 51-510-54-00-548056.7905 11/22-12/26 1106 PRAIRIE CR 52-520-54-00-5480102.2106 11/23-12/27 301 E HYDRAULIC 79-795-54-00-548061.1307 10/28-11/29 FOX HILL LIFT 52-520-54-00-548079.7508 11/22-12/26 872 PRAIRIE CR 79-795-54-00-548060.0809 11/09-12/09 9257 GALENA PARK 79-795-54-00-548053.0910 10/26-11/23 101 BRUELL ST 52-520-54-00-5480342.2611 11/22-12/26 1908 RAINTREE RD 51-510-54-00-5480290.6812 11/23-12/27 PRESTWICK LIFT 52-520-54-00-5480126.3113 11/23-12/27 1991 CANNONBALL TR 51-510-54-00-5480277.8314 10/26-11/23 610 TOWER LN51-510-54-00-5480149.4015 11/23-12/27 276 WINDHAM CR 52-520-54-00-5480152.1016 11/23-12/27 133 E HYDRAULIC 79-795-54-00-5480210.2717 10/26-11/23 1975 BRIDGE LIFT 52-520-54-00-5480388.16INVOICE TOTAL:2,734.55 *CHECK TOTAL:2,734.55Page 7 of 27 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 01/18/22TIME: 09:05:29UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/25/2022CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------535990 FARMFLEE BLAIN'S FARM & FLEET4811-T.SCOTT 01/02/22 01 PANTS, HOODIE 79-790-56-00-5600 125.97INVOICE TOTAL: 125.97 *CHECK TOTAL: 125.97535991 FIRSTRSP FIRST RESPONDERS WELLNESS10353 12/22/21 01 INDIVIDUAL DEBRIEF 01-210-54-00-5462 185.00INVOICE TOTAL: 185.00 *10371 12/27/21 01 GROUP DEBRIEFINGS 01-210-54-00-5462 640.00INVOICE TOTAL: 640.00 *CHECK TOTAL: 825.00535992 GARDKOCH GARDINER KOCH & WEISBERGH-2364C-6676 01/09/22 01 KIMBALL HILL I MATTERS 01-640-54-00-5461 2,442.00INVOICE TOTAL: 2,442.00 *H-3586C-6677 01/09/22 01 NICHOLSON MATTERS 01-640-54-00-5461 673.76INVOICE TOTAL: 673.76 *CHECK TOTAL: 3,115.76535993 HARRIS HARRIS COMPUTER SYSTEMSMSIXT000020612/29/21 01 MYGOVHUB FEES-DEC 202101-120-54-00-546295.1002 MYGOVHUB FEES-DEC 202151-510-54-00-5462143.5303 MYGOVHUB FEES-DEC 202152-520-54-00-546241.42INVOICE TOTAL:280.05 *CHECK TOTAL:280.05535994 ILEAS ILEASPage 8 of 27 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 01/18/22TIME: 09:05:29UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/25/2022CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------535994 ILEAS ILEAS2022-00000010 12/06/21 01 2022 MFF DUES RENEWAL 01-210-54-00-5462 300.00INVOICE TOTAL: 300.00 *CHECK TOTAL: 300.00535995 ILLCO ILLCO, INC.1393914 12/08/21 01 B-85 BELT 24-216-56-00-5656 22.05INVOICE TOTAL: 22.05 *CHECK TOTAL: 22.05535996 ILTRUCK ILLINOIS TRUCK MAINTENANCE, IN029437 12/10/21 01 OIL CHANGE, VEHICLE INSPECTION 01-410-54-00-5490 635.58INVOICE TOTAL: 635.58 *029441 12/13/21 01 OIL CHANGE, VEHICLE INSPECTION 01-410-54-00-5490 714.61INVOICE TOTAL: 714.61 *029443 12/13/21 01 OIL CHANGE, REPAIR TRANS FLUID 01-410-54-00-5490 802.3902 LEAK, REPLACE PLOW HEADLIGHT ** COMMENT **INVOICE TOTAL: 802.39 *029455 12/22/21 01 OIL CHANGE, VEHICLE INSPECTION 01-410-54-00-5490 797.52INVOICE TOTAL: 797.52 *029457 12/22/21 01 OIL CHANGE, REPLACE GREASE 01-410-54-00-5490 584.6102 ZERKS ** COMMENT **INVOICE TOTAL: 584.61 *CHECK TOTAL: 3,534.71535997 IMPACT IMPACT NETWORKING, LLCPage 9 of 27 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 01/18/22TIME: 09:05:29UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/25/2022CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------535997 IMPACT IMPACT NETWORKING, LLC2380893 12/28/21 01 11/29-12/28 COPY CHARGES 01-110-54-00-5430 144.3702 11/29-12/28 COPY CHARGES 01-120-54-00-5430 48.1203 11/29-12/28 COPY CHARGES 01-220-54-00-5430 44.7104 11/29-12/28 COPY CHARGES 01-210-54-00-5430 70.6105 11/29-12/28 COPY CHARGES 79-790-54-00-5462 58.1906 11/29-12/28 COPY CHARGES79-795-54-00-546258.1907 11/29-12/28 COPY CHARGES51-510-54-00-54306.2208 11/29-12/28 COPY CHARGES01-410-54-00-54626.2309 11/29-12/28 COPY CHARGES52-520-54-00-54626.22INVOICE TOTAL:442.86 *CHECK TOTAL:442.86535998 JIMSTRCK JIM'S TRUCK INSPECTION LLC18946212/17/21 01 TRUCK INSPECTION79-790-54-00-549535.00INVOICE TOTAL:35.00 *CHECK TOTAL:35.00535999 JUSTSAFE JUST SAFETY, LTD3687712/21/21 01 FIRST AID SUPPLIES52-520-56-00-561054.90INVOICE TOTAL:54.90 *CHECK TOTAL:54.90536000 KCACP KENDALL COUNTY ASSOCIATION OF2022 DUES01/07/22 01 2022 DUES RENEWAL01-210-54-00-5460280.00INVOICE TOTAL:280.00 *CHECK TOTAL:280.00536001 KCSHERIF KENDALL CO. SHERIFF'S OFFICEPage 10 of 27 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 01/18/22TIME: 09:05:29UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/25/2022CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------536001 KCSHERIF KENDALL CO. SHERIFF'S OFFICEDEC 2021-KENDALL 01/04/22 01 KENDALL CO FTA BOND FEE 01-000-24-00-2412 140.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 140.00 *CHECK TOTAL: 140.00536002 KENPRINT ANNETTE M. POWELL21-1117 11/17/21 01 2 TRAINING MANUALS 01-210-54-00-5430 27.40INVOICE TOTAL:27.40 *22-010501/05/22 01 100 BUSINESS CARDS01-210-54-00-543062.0002 EACH-CARLYLE & NELSON** COMMENT **INVOICE TOTAL:62.00 *CHECK TOTAL:89.40536003 KONEINC KONE INC.96210514701/01/22 01 JAN 2022 ELEVATOR MAINTENANCE 24-216-54-00-5446165.76INVOICE TOTAL:165.76 *CHECK TOTAL:165.76536004 LAYNE LAYNE CHRISTENSEN COMPANY211938710/19/21 01 WELL 4 TROUBLESHOOTING51-510-54-00-54451,237.50INVOICE TOTAL:1,237.50 *211983510/19/21 01 WELL 7 TROUBLESHOOTING51-510-54-00-5445900.00INVOICE TOTAL:900.00 *CHECK TOTAL:2,137.50536005 LINDCO LINDCO EQUIPMENT SALES INCPage 11 of 27 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 01/18/22TIME: 09:05:29UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/25/2022CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------536005 LINDCO LINDCO EQUIPMENT SALES INC211190E-B 12/22/21 01 9'HOPPER V-BOX SPREADER, 25-215-60-00-6060 8,057.0002 TAIL;GATE LATCH BAR ** COMMENT **INVOICE TOTAL: 8,057.00 *CHECK TOTAL: 8,057.00536006 LINDCO LINDCO EQUIPMENT SALES INC211308P 12/29/21 01 ADAPTER 01-410-56-00-5628 127.42INVOICE TOTAL:127.42 *CHECK TOTAL:127.42536007 LOCALGOV TIM SCHLONEGER0427202201/01/22 01 ANNUAL MEMBERSHIP RENEWAL 01-110-54-00-54601,320.00INVOICE TOTAL:1,320.00 *CHECK TOTAL:1,320.00536008 MARTPLMB MARTIN PLUMBING & HEATING CO.2021-105911/30/21 01 REMOVED AND REPLACED GAS VENT 24-216-54-00-54462,782.00INVOICE TOTAL:2,782.00 *CHECK TOTAL:2,782.00536009 MENINC MENARDS INC103121-STREBATE01/06/22 01 AUG-OCT 2021 SALES TAX REBATE 01-640-54-00-549275,244.65INVOICE TOTAL:75,244.65 *CHECK TOTAL:75,244.65536010 MENLAND MENARDS - YORKVILLEPage 12 of 27 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 01/18/22TIME: 09:05:29UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/25/2022CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------536010 MENLAND MENARDS - YORKVILLE25278 09/24/21 01 PAINT, SANDING DISCS, WIRE 79-790-56-00-5640 114.2502 WHEEL BRUSH COARS, TAPE, ** COMMENT **03 COVERS, LOCKNUTS, WASHERS, ** COMMENT **04 GRINDING WHEEL ** COMMENT **INVOICE TOTAL: 114.25 *25620 09/29/21 01 MORTAR MIX 01-410-56-00-5620 82.56INVOICE TOTAL:82.56 *25643-2109/29/21 01 GALV REDUCER79-790-56-00-56402.83INVOICE TOTAL:2.83 *2571609/30/21 01 RADIAL PATCH KIT52-520-56-00-56201.99INVOICE TOTAL:1.99 *2575910/01/21 01 BATTERIES79-790-56-00-562015.99INVOICE TOTAL:15.99 *3080512/06/21 01 CONCRETE BLANKET79-790-56-00-5640179.97INVOICE TOTAL:179.97 *3089512/07/21 01 BATTERIES, TOILET PAPER79-790-56-00-562015.96INVOICE TOTAL:15.96 *CHECK TOTAL:413.55536011 MENLAND MENARDS - YORKVILLE3095812/08/21 01 BENCH VISE01-410-56-00-5630109.0002 PAPER TOWEL, BOLTS01-410-56-00-562024.86INVOICE TOTAL:133.86 *CHECK TOTAL:133.86536012 MENLAND MENARDS - YORKVILLEPage 13 of 27 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 01/18/22TIME: 09:05:29UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/25/2022CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------536012 MENLAND MENARDS - YORKVILLE30961 12/08/21 01 CONDUIT, WIRE, OUTLETS, 01-410-56-00-5620 157.5102 BOLTS, COVERS, CONNECTORS, ** COMMENT **03 ELBOWS ** COMMENT **INVOICE TOTAL: 157.51 *30962 12/08/21 01 FILTERS 24-216-56-00-5656 18.49INVOICE TOTAL: 18.49 *30963 12/08/21 01 BOLTS, ANCHORS 24-216-56-00-5656 5.26INVOICE TOTAL: 5.26 *30965 12/08/21 01 BLEACH, CLEANER 51-510-56-00-5620 18.14INVOICE TOTAL: 18.14 *30981 12/08/21 01 SPONGES, WIRE SHELVES, POLE 51-510-56-00-5638 153.60INVOICE TOTAL: 153.60 *31054 12/09/21 01 REFLECTORS 79-790-56-00-5640 8.97INVOICE TOTAL: 8.97 *31403 12/14/21 01 METAL CUTTING TOOL 01-410-56-00-5620 5.96INVOICE TOTAL: 5.96 *31415 12/14/21 01 BLADES, WIRE SHELF 51-510-56-00-5620 41.87INVOICE TOTAL: 41.87 *31418 12/14/21 01 SPNGE SEAL, TUBING, SHARPIE 51-510-56-00-5620 19.50INVOICE TOTAL: 19.50 *31560 12/16/21 01 SPREADER CHAINS 01-410-56-00-5628 108.12INVOICE TOTAL: 108.12 *31574 12/16/21 01 RATCHET STRAPS, POWER CORDS 01-410-56-00-5628 45.64INVOICE TOTAL: 45.64 *Page 14 of 27 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 01/18/22TIME: 09:05:29UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/25/2022CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------536012 MENLAND MENARDS - YORKVILLE31582-21 12/16/21 01 COUPLING, MANIFOLD 01-410-56-00-5628 19.48INVOICE TOTAL: 19.48 *31851 12/20/21 01 CABLE 01-410-56-00-5628 40.50INVOICE TOTAL: 40.50 *31930 12/21/21 01 UTILITY BLADES 51-510-56-00-5620 2.05INVOICE TOTAL: 2.05 *32019 12/22/21 01 BATTERY CHARGER KIT, RECIP SAW 51-510-56-00-5630 203.4902 DUST MOP ** COMMENT **INVOICE TOTAL: 203.49 *32027 12/22/21 01 SOCKET 01-410-56-00-5630 5.97INVOICE TOTAL: 5.97 *32072 12/23/21 01 FUEL PREMIX, LID, PICKUP TOOL 24-216-56-00-5656 34.45INVOICE TOTAL: 34.45 *32080 12/23/21 01 SOCKS, GLOVES, HAT-STEFFENS 52-520-56-00-5620 31.96INVOICE TOTAL: 31.96 *32081 12/23/21 01 EXHAUST FLUID 01-410-56-00-5628 59.96INVOICE TOTAL: 59.96 *32088-21 12/23/21 01 NIPPLES, COUPLING, FLAP DISC, 51-510-56-00-5620 198.7102 TOOLBOX LATCH ** COMMENT **INVOICE TOTAL: 198.71 *32434 12/29/21 01 BALL VALVE, ADAPTER, COUPLING 01-410-56-00-5640 41.65INVOICE TOTAL: 41.65 *32454 12/29/21 01 TRANSPORT CHAINS, CLEVIS HOOK 01-410-56-00-5640 51.37INVOICE TOTAL: 51.37 *Page 15 of 27 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 01/18/22TIME: 09:05:29UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/25/2022CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------536012 MENLAND MENARDS - YORKVILLE32455 12/29/21 01 RATCHET BINDER 01-410-56-00-5640 44.99INVOICE TOTAL: 44.99 *32495 12/30/21 01 TRANSPORT CHAINS, RATCHET 01-410-56-00-5640 191.7202 BINDER, CLEVIS HOOK, GRAB HOOK ** COMMENT **INVOICE TOTAL: 191.72 *32504 12/30/21 01 BRAKE CLEANER 01-410-56-00-5640 24.95INVOICE TOTAL:24.95 *CHECK TOTAL:1,534.31536013 MIDWSALT MIDWEST SALTP46070112/21/21 01 BULK ROCK SALT51-510-56-00-56382,760.66INVOICE TOTAL:2,760.66 *P46091401/03/22 01 BULK ROCK SALT51-510-56-00-56382,896.74INVOICE TOTAL:2,896.74 *CHECK TOTAL:5,657.40536014 MIKOLASR RAY MIKOLASEK12162112/16/21 01 OFFICER GRADUATION CEREMONY 01-210-54-00-541515.0002 MEAL PER DIEM** COMMENT **INVOICE TOTAL:15.00 *CHECK TOTAL:15.00D002364 MILSCHET TED MILSCHEWSKICDL REIMB01/10/22 01 REIMBURSEMENT FOR CDL01-410-54-00-546250.00INVOICE TOTAL:50.00 *DIRECT DEPOSIT TOTAL:50.00Page 16 of 27 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 01/18/22TIME: 09:05:29UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/25/2022CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------536015 MONTRK MONROE TRUCK EQUIPMENT335635 12/13/21 01 PARTS FOR BOSS POWER UNIT 01-410-56-00-5628 630.02INVOICE TOTAL: 630.02 *CHECK TOTAL: 630.02536016 MUNICODE MUNICODE00368979 01/11/22 01 5 COPIES OF SUPPLEMENT 2 TO 01-110-54-00-5451 14.0602 THE CODE OF ORDINANCES ** COMMENT **INVOICE TOTAL:14.06 *CHECK TOTAL:14.06536017 NEMRT NORTH EAST MULTI-REGIONAL29626412/21/21 01 BREATH ALCOHOL TESTING-CARUSO 01-210-54-00-541248.91INVOICE TOTAL:48.91 *CHECK TOTAL:48.91536018 NEOUSA QUADIENT , INCN919981812/30/21 01 JAN-APR 2022 POSTAGE MACHINE 01-120-54-00-5485161.9702 LEASE** COMMENT **INVOICE TOTAL:161.97 *CHECK TOTAL:161.97536019 NICOR NICOR GAS00-41-22-8748 4-1221 01/05/22 01 12/01-01/03 1107 PRAIRIE LN 01-110-54-00-5480395.66INVOICE TOTAL:395.66 *12-43-53-5625 3-1221 01/04/22 01 12/02-01/04 609 N BRIDGE01-110-54-00-5480157.46INVOICE TOTAL:157.46 *Page 17 of 27 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 01/18/22TIME: 09:05:29UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/25/2022CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------536019 NICOR NICOR GAS15-41-50-1000 6-1221 01/04/22 01 12/01-01/03 804 GAME FARM RD 01-110-54-00-5480 644.99INVOICE TOTAL: 644.99 *15-64-61-3532 5-1221 01/03/22 01 12/01-01/03 1991 CANNONBALL 01-110-54-00-5480 56.56INVOICE TOTAL: 56.56 *20-52-56-2042 1-1221 12/30/21 01 11/30-12/30 420 FAIRHAVEN 01-110-54-00-5480 159.73INVOICE TOTAL: 159.73 *23-45-91-4862 5-1221 01/04/22 01 12/02-01/04 101 BRUELL ST 01-110-54-00-5480 167.08INVOICE TOTAL: 167.08 *40-52-64-8356 1-1221 01/05/22 01 12/03-01/05 102 E VAN EMMON 01-110-54-00-5480 641.02INVOICE TOTAL: 641.02 *61-60-4-1000 9-1221 01/05/22 01 12/02-01/04 610 TOWER 01-110-54-00-5480 1,082.87INVOICE TOTAL: 1,082.87 *83-80-00-1000 7-1221 01/05/22 01 12/02-01/04 610 TOWER UNIT B 01-110-54-00-5480 490.72INVOICE TOTAL: 490.72 *91-85-68-4012-1221 01/04/22 01 12/01-01/03 902 GAME FARM RD 82-820-54-00-5480 2,746.24INVOICE TOTAL: 2,746.24 *95-16-10-1000 4-1221 01/04/22 01 12/02-01/04 1 RT47 01-110-54-00-5480 49.18INVOICE TOTAL: 49.18 *CHECK TOTAL: 6,591.51536020 ONEILL O'NEILL GLASS & MIRROR, INC.00238843 12/30/21 01 INSTALL NEW WINDOW AT 902 GAME 24-216-54-00-5446 225.0002 FARM RD ** COMMENT **INVOICE TOTAL: 225.00 *Page 18 of 27 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 01/18/22TIME: 09:05:29UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/25/2022CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------536020 ONEILL O'NEILL GLASS & MIRROR, INC.00238844 12/30/21 01 INSTALL NEW GLASS AT BEECHER 24-216-54-00-5446 307.4802 CENTER ** COMMENT **INVOICE TOTAL: 307.48 *CHECK TOTAL: 532.48536021 OSWEFIRE OSWEGO FIRE PROTECTION DIST.103121-LC01/06/22 01 AUG-OCT 2021 DEVELOPMENT FEES 95-000-24-00-24565,298.30INVOICE TOTAL:5,298.30 *CHECK TOTAL:5,298.30536022 PARADISE PARADISE CAR WASH22440212/01/21 01 NOV 2021 CAR WASHES79-790-54-00-549520.00INVOICE TOTAL:20.00 *CHECK TOTAL:20.00536023 PFPETT P.F. PETTIBONE & CO.18153312/29/21 01 WARNING & CITATION TICKETS 01-210-54-00-5430573.55INVOICE TOTAL:573.55 *CHECK TOTAL:573.55536024 PITSTOP PIT STOPPS39598908/26/21 01 07/30-08/26 PORT-O-LET79-795-56-00-5620182.0002 UPKEEP-BEECHER COMMUNITY PARK ** COMMENT **INVOICE TOTAL:182.00 *PS39599208/26/21 01 07/30-08/26 PORTOLET UPKEEP AT 79-795-56-00-5620 80.00Page 19 of 27 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 01/18/22TIME: 09:05:29UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/25/2022CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------536024 PITSTOP PIT STOPPS395992 08/26/21 02 STEVEN BRIDGE PARK ** COMMENT **INVOICE TOTAL: 80.00 *PS423115 12/16/21 01 11/19-12/16 PORT-O-LET 79-795-56-00-5620 137.8002 UPKEEP-RIVERFRONT PARK ** COMMENT **INVOICE TOTAL: 137.80 *PS423116 12/16/21 01 11/19-12/16 PORT-O-LET 79-795-56-00-5620 196.0002 UPKEEP-210 S BRIDGE** COMMENT **INVOICE TOTAL:196.00 *CHECK TOTAL:595.80536025 R0002208 HARI DEVELOPMENT YORKVILLE LLC103121-STREBATE01/06/22 01 AUG-OCT 2021 SALES TAX REBATE 01-640-54-00-54923,000.93INVOICE TOTAL:3,000.93 *CHECK TOTAL:3,000.93536026 R0002494 JULIE D'AMOREBSKTBL-REFUND01/03/22 01 WINTER BASKETBALL REFUND79-000-44-00-440452.50INVOICE TOTAL:52.50 *CHECK TOTAL:52.50536027 R0002495 STEVEN FARINA122821-RFND12/28/21 01 REFUND OVERPAYMENT ON FINAL 01-000-13-00-1371174.1602 BILLING FOR ACCT#0102469960-01 ** COMMENT **INVOICE TOTAL:174.16 *CHECK TOTAL:174.16Page 20 of 27 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 01/18/22TIME: 09:05:29UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/25/2022CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------536028 R0002496 ALLEN AUGUSTAD122921-RFND 12/29/21 01 REFUND OVERPAYMENT ON FINAL 01-000-13-00-1371 393.5802 BILLING FOR ACCT#0101370500-00 ** COMMENT **INVOICE TOTAL: 393.58 *CHECK TOTAL: 393.58536029 R0002497 JUSTIN JENKINS010322-RFND 01/03/22 01 REFUND OVERPAYMENT ON FINAL 01-000-13-00-1371 22.5802 BILLING FOR ACCT#0300905630-01 ** COMMENT **INVOICE TOTAL:22.58 *CHECK TOTAL:22.58536030 REDWING RED WING STORE - AURORA32-1-10467212/10/21 01 WORKBOOTS-D.BROWN51-510-56-00-5600256.4902 ORTHO FOOTBED-D.BROWN51-510-56-00-560064.99INVOICE TOTAL:321.48 *CHECK TOTAL:321.48536031 STOKES STOKES EXCAVATING, INC493801/12/22 01 ENGINEER'S PAYMENT ESTIMATE 51-510-60-00-6025127,856.4902 #5 - ELIZABETH STREET AND** COMMENT **03 APPLETREE COURT WATERMAIN** COMMENT **04 IMPROVEMENTS** COMMENT **INVOICE TOTAL:127,856.49 *CHECK TOTAL:127,856.49536032 SUBURLAB SUBURBAN LABORATORIES INC.19838412/30/21 01 WATER SAMPLING51-510-54-00-5429540.00INVOICE TOTAL:540.00 *CHECK TOTAL:540.00Page 21 of 27 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 01/18/22TIME: 09:05:29UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/25/2022CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------536033 SUPERIOR SUPERIOR ASPHALT MATERIALS LLC20211888 12/15/21 01 ASPHALT 23-230-60-00-6032 1,526.00INVOICE TOTAL: 1,526.00 *CHECK TOTAL: 1,526.00536034 TRCONTPR TRAFFIC CONTROL & PROTECTION108564 09/07/21 01 CAP FLATS, CROSS FLATS 23-230-56-00-5619 198.05INVOICE TOTAL: 198.05 *108650 09/16/21 01 TURN SIGNS 23-230-56-00-5619 650.15INVOICE TOTAL: 650.15 *108660 09/13/21 01 STREET SIGN 23-230-56-00-5619 135.35INVOICE TOTAL: 135.35 *108892 09/21/21 01 STREET SIGNS 23-230-56-00-5619 226.10INVOICE TOTAL: 226.10 *109020 09/24/21 01 STREET SIGNS 23-230-56-00-5619 800.50INVOICE TOTAL: 800.50 *109904 10/01/21 01 MISC SIGN 23-230-56-00-5619 305.70INVOICE TOTAL: 305.70 *110022 10/20/21 01 MISC SIGN 23-230-56-00-5619 89.00INVOICE TOTAL: 89.00 *110519 12/21/21 01 STREET SIGNS 23-230-56-00-5619 94.75INVOICE TOTAL: 94.75 *CHECK TOTAL: 2,499.60536035 UMBBANK UMB BANKPage 22 of 27 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 01/18/22TIME: 09:05:29UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/25/2022CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------536035 UMBBANK UMB BANK103121-STREBATE 01/05/22 01 AUG-OCT 2021 SALES TAX REBATE 01-640-54-00-5492 273,942.71INVOICE TOTAL: 273,942.71 *CHECK TOTAL: 273,942.71536036 UNIVOFIL UNIVERSITY OF ILLINOISUPI1069712/13/21 01 MFI RECERTIFICATION-HAYES 01-210-54-00-5412100.00INVOICE TOTAL:100.00 *CHECK TOTAL:100.00536037 VITOSH CHRISTINE M. VITOSHCMV 203412/27/21 01 DEC 2021 ADMIN HEARINGS01-210-54-00-5467375.00INVOICE TOTAL:375.00 *CHECK TOTAL:375.00536038 WATERSYS WATER SOLUTIONS UNLIMITED, INC4768712/17/21 01 CHLORINE51-510-56-00-5638330.00INVOICE TOTAL:330.00 *CHECK TOTAL:330.00536039 WEINERTA ANDREA WEINERT122121-MLG01/05/22 01 PERMIT TECH EXAM MILEAGE01-220-54-00-541539.7602 REIMBURSEMENT** COMMENT **INVOICE TOTAL:39.76 *CHECK TOTAL:39.76536040 WERDERW WALLY WERDERICHPage 23 of 27 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 01/18/22TIME: 09:05:29UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/25/2022CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------536040 WERDERW WALLY WERDERICH010322-DEC 2021 01/07/22 01 DEC 2021 ADMIN HEARING 01-210-54-00-5467 150.00INVOICE TOTAL: 150.00 *CHECK TOTAL: 150.00D002365 YBSDYORKVILLE BRISTOL2022.00101/06/22 01 JAN 2022 LANDFILL EXPENSE 51-510-54-00-544519,715.21INVOICE TOTAL:19,715.21 *21-DEC01/04/22 01 DEC 2021 SANITARY FEES95-000-24-00-2450292,075.40INVOICE TOTAL:292,075.40 *DIRECT DEPOSIT TOTAL:311,790.61536041 YORKACE YORKVILLE ACE & RADIO SHACK17467212/21/21 01 RUG DOCTOR RENTAL79-795-56-00-564053.99INVOICE TOTAL:53.99 *17467512/21/21 01 CARPET CLEANING SOLUTION79-795-56-00-564024.00INVOICE TOTAL:24.00 *17470412/28/21 01 KEYS24-216-56-00-565611.96INVOICE TOTAL:11.96 *17472701/03/22 01 KEYS01-410-56-00-56203.99INVOICE TOTAL:3.99 *CHECK TOTAL:93.94536042 YORKSCHO YORKVILLE SCHOOL DIST #115103121-LC01/06/22 01 AUG-OCT 2021 LAND CASH FEES 95-000-24-00-245336,450.20INVOICE TOTAL:36,450.20 *CHECK TOTAL:36,450.20Page 24 of 27 01-110ADMINISTRATION01-120FINANCE01-210POLICE01-220COMMUNITYDEVELOPMENT01-410STREETSOPERATION01-640ADMINISTRATIVESERVICES01-111FOXHILLSSA01-112SUNFLOWERESTATES15-155MOTORFUELTAX23-216MUNICIPALBUILDING23-230CITY-WIDECAPITAL24-216BUILDING&GROUNDS25-205POLICECAPITAL25-215PUBLICWORKSCAPITAL25-225PARK&RECCAPITAL42-420DEBTSERVICE51-510WATEROPERATIONS52-520SEWEROPERATIONS72-720LANDCASH79-790PARKSDEPARTMENT79-795RECREATIONDEPARTMENT82-820LIBRARYOPERATIONS84-840LIBRARAYCAPITAL87-870COUNTRYSIDETIF88-880DOWNTOWNTIF89-890DOWNTOWNTIFII90-XXXDEVELOPERESCROW950-XXXESCROWDEPOSITDATE: 01/18/22TIME: 09:05:29UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 01/25/2022CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------536043 YOUNGM MARLYS J. YOUNG121521 01/10/22 01 12/15/21 ADMIN MEETING MINUTES 01-110-54-00-5462 43.75INVOICE TOTAL: 43.75 *122121 01/03/22 01 01/21/21 PW MEETING MINUTES 01-110-54-00-5462 52.00INVOICE TOTAL: 52.00 *CHECK TOTAL: 95.75674,599.55312,669.61TOTAL CHECKS PAID: TOTAL DIRECT DEPOSITS PAID: TOTAL AMOUNT PAID:987,269.16Page 25 of 27 REGULAR OVERTIME TOTAL IMRF FICA TOTALSADMINISTRATION17,168.67 - 17,168.67 1,520.00 1,298.26 19,986.93 FINANCE11,519.60 - 11,519.60 1,038.59 871.73 13,429.92 POLICE139,030.88 10,307.80 149,338.68 587.51 11,168.10 161,094.29 COMMUNITY DEV.23,838.18 - 23,838.18 2,161.65 1,799.51 27,799.34 STREETS20,436.43 2,369.09 22,805.52 2,029.69 1,686.07 26,521.28 BUILDING & GROUNDS2,095.20 196.43 2,291.63 230.65 198.24 2,720.52 WATER17,412.86 981.76 18,394.62 1,637.11 1,343.99 21,375.72 SEWER10,457.58 - 10,457.58 930.71 766.98 12,155.27 PARKS25,515.13 622.09 26,137.22 2,295.23 1,944.50 30,376.95 RECREATION15,243.94 - 15,243.94 1,299.13 1,138.65 17,681.72 LIBRARY15,877.92 - 15,877.92 954.62 1,173.84 18,006.38 TOTALS298,596.39$ 14,477.17$ 313,073.56$ 14,684.89$ 23,389.87$ 351,148.32$ TOTAL PAYROLL351,148.32$ UNITED CITY OF YORKVILLEPAYROLL SUMMARYJanuary 7, 2022Page 26 of 27 ACCOUNTS PAYABLE DATE Manual City Check Register (Page 1)01/06/2022 55,200.00$ City Check Register (Pages 2 - 25)01/25/2022 987,269.16 SUB-TOTAL:$1,042,469.16 Bi - Weekly (Page 26)01/07/2022 351,148.32$ SUB-TOTAL:351,148.32$ TOTAL DISBURSEMENTS:1,393,617.48$ UNITED CITY OF YORKVILLE BILL LIST SUMMARY Tuesday, January 25, 2022 PAYROLL Page 27 of 27 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 Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #3 Tracking Number PW 2022-04 2021 Road to Better Roads Program - MFT City Council – January 25, 2022 PW – 01/18/22 Moved forward to CC consent agenda. PW 2022-04 Majority Approval of Request for Change in Plans and Final Payment Estimate Recommendation to Approve Request for Change in Plans and Final Payment Estimate Brad Sanderson Engineering Name Department The 2021 Roads to Better Roads Program was awarded to D Construction, Inc 1488 S. Broadway Street, Coal City, Illinois 60416 at total awarded value of $857,885.67. The project is now complete and accepted. The project came in $67,984.96 under budget for a Final Construction Cost of $789,900.72. Due to the use of Motor Fuel Tax Funds, the Request for Change in Plans and Engineer’s Final Payment Estimate need to be approved by IDOT before final payment can be made. We recommend that the City approve of the Request for Change in Plans and Engineer’s Final Payment Estimate. If you have any questions or require additional information, please let us know. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Rob Fredrickson, Finance Director Jori Behland, City Clerk Date: January 10, 2022 Subject: 2021 Roads to Better Roads Program - MFT Engineer's Payment EstimateBLR 13230 (Rev. 05/13/21)Page 1 of 5Printed 01/10/22Local Public AgencyUnited City of YorkvilleCountyKendallRoute(s) (Street/Road)Various Local RoadsSection Number21-00000-00-GMEstimate 3FinalPayable to NameD Construction, Inc.Address1488 S. Broadway Street Coal City, IL 60416Date From11/06/21Date To01/04/22Unit ofAwardedApproved Change in PlansCompleted to DatePay ItemsMeas.QuantityValuesAddedDeductedQuantityUnit PriceValueSUPPLEMENTAL WATERINGUNIT11 $0.11 0110 $0.0100BITUMINOUS MATERIALS (TACK COAT)LB24678 $246.782052.4026703.4 $0.0100 $267.03HMA SURFACE REMOVAL - BUTT JOINTSQ YD945 $9,450.00029916 $10.0000 $9,160.00HMA BINDER COURSE, IL-9.5, N50TON3157 $201,100.90 0180.42976.6 $63.7000 $189,609.42 HMA SURFACE COURSE, IL-9.5, MIX "D", N50TON3157 $201,100.90 197.403354.4 $63.7000 $213,675.28 PCC SIDEWALK 5 INCHSQ FT5472 $36,115.20 0275.65196.4 $6.6000 $34,296.24 DETECTABLE WARNINGSSQ FT394 $13,002.00 09385 $33.0000 $12,705.00 SIDEWALK REMOVALSQ FT5474 $7,554.120277.65196.4 $1.3800 $7,171.03HMA SURFACE REMOVAL, 3"SQ YD12550 $33,257.50 183.7012733.7 $2.6500 $33,744.31 HMA SURFACE REMOVAL, VARIABLE DEPTHSQ YD24000 $56,400.00 0391.723608.3 $2.3500 $55,479.50 CLASS D PATCHES, TYPE I, 3 INCHSQ YD14 $462.000140 $33.0000CLASS D PATCHES, TYPE II, 3 INCHSQ YD77 $2,464.00054.622.4 $32.0000 $716.80CLASS D PATCHES, TYPE III, 3 INCHSQ YD251 $6,275.00022922 $25.0000 $550.00CLASS D PATCHES, TYPE IV, 3 INCHSQ YD1476 $32,472.00 0143739 $22.0000 $858.00 BLR 13230 (Rev. 05/13/21)Page 2 of 5Printed 01/10/22Local Public AgencyUnited City of YorkvilleCountyKendallRoute(s) (Street/Road)Various Local RoadsSection Number21-00000-00-GMPay ItemsMeas.QuantityValuesAddedDeductedQuantityUnit PriceValueCRACK ROUTING (PAVEMENT)FT100000 $2,000.00800100080 $0.0200 $2,001.60CRACK FILLINGLB33334 $44,000.88 26033360 $1.3200 $44,035.20 ROUTING AND SEALING CRACKSFT16546 $7,942.081221.5017767.5 $0.4800 $8,528.40MANHOLES TO BE ADJUSTEDEA22 $10,648.00 0139 $484.0000 $4,356.00INLETS TO BE ADJUSTEDEA25 $8,800.000124 $352.0000 $8,448.00INLETS, TYPE A, TYPE 1 FRAME, OPEN LIDEA1 $2,500.00010 $2,500.0000 INLETS TO BE ADJUSTED WITH NEW TYPE 1 FRAME, OPEN LIDEA3 $2,640.00003 $880.0000 $2,640.00VALVE BOXES TO BE ADJUSTEDEA11 $3,025.00065 $275.0000 $1,375.00SANITARY MANHOLES TO BE ADJUSTEDEA19 $10,972.50 0109 $577.5000 $5,197.50SANITARY MANHOLES TO BE ADJUSTED WITH NEW TYPE 1 FRAME, CLOSED LIDEA10 $9,240.00037 $924.0000 $6,468.00THERMOPLASTIC PAVEMENT MARKING - LETTER AND SYMBOLSSQ FT71 $781.00330104 $11.0000 $1,144.00THERMOPLASTIC PAVEMENT MARKING - LINE 4"FT3849 $2,694.3002473602 $0.7000 $2,521.40THERMOPLASTIC PAVEMENT MARKING - LINE 6"FT385 $731.50122.2507.2 $1.9000 $963.68THERMOPLASTIC PAVEMENT MARKING - LINE 8"FT142 $340.8001420 $2.4000THERMOPLASTIC PAVEMENT MARKING - LINE 12"FT90 $297.00199.40289.4 $3.3000 $955.02 BLR 13230 (Rev. 05/13/21)Page 3 of 5Printed 01/10/22Local Public AgencyUnited City of YorkvilleCountyKendallRoute(s) (Street/Road)Various Local RoadsSection Number21-00000-00-GMTHERMOPLASTIC PAVEMENT MARKING - LINE 24"FT67 $737.003070 $11.0000 $770.00POLYUREA PAVEMENT MARKING TYPE I - LETTERS AND SYMBOLSSQ FT540 $3,078.000191.6348.4 $5.7000 $1,985.88POLYUREA PAVEMENT MARKING TYPE I - LINE 4"FT7710 $6,630.6003644.04066 $0.8600 $3,496.76POLYUREA PAVEMENT MARKING TYPE I - LINE 6"FT5490 $7,246.8009984492 $1.3200 $5,929.44POLYUREA PAVEMENT MARKING TYPE I - LINE 8"FT360 $514.8003600 $1.4300POLYUREA PAVEMENT MARKING TYPE I - LINE 12"FT530 $1,272.000403.5126.5 $2.4000 $303.60POLYUREA PAVEMENT MARKING TYPE I - LINE 24"FT230 $1,311.0007.9222.1 $5.7000 $1,265.97SODDING, SPECIALSQ YD1223 $18,345.00 0308.2914.8 $15.0000 $13,722.00 PCC DRIVEWAY REMOVAL AND REPLACEMENTSQ YD171 $11,286.00 19.30190.3 $66.0000 $12,559.80 HMA DRIVEWAY REMOVAL AND REPLACEMENTSQ YD76 $3,952.0061.20137.2 $52.0000 $7,134.40COMB CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENTFT2931 $93,498.90 035.52895.5 $31.9000 $92,366.45 RAILROAD PROTECTIVE LIABILITY INSURANCELSUM1 $3,500.00001 $3,500.0000 $3,500.00Total $857,885.67 Total $789,900.71 Miscellaneous Extras and CreditsValues BLR 13230 (Rev. 05/13/21)Page 4 of 5Printed 01/10/22Local Public AgencyUnited City of YorkvilleCountyKendallRoute(s) (Street/Road)Various Local RoadsSection Number21-00000-00-GMTotal Miscellaneous Extras and CreditsTotal Value of Completed Work $789,900.72 Deduct RetainageBalance Due of Completed Work $789,900.72 Miscellaneous DebitsValuesTotal Miscellaneous DebitsNet Cost of Section $789,900.72 Previous Payments $750,405.69 Net Amount Due $39,495.02 The LPA is under agreements of understanding and has completed the required paperwork and documentation, with submissions made per the agreement. The Local Public Agency (LPA) certifies that the above pay estimate quantities do not require submission to the Department of Transportation of a Change in Plans (BLR 13210).The LPA certifies that a Change in Plans (BLR 13210) has been submitted to, and approved by the Department of Transportation as required for the above quantities. BLR 13230 (Rev. 05/13/21)Page 5 of 5Printed 01/10/22Local Public AgencyUnited City of YorkvilleCountyKendallRoute(s) (Street/Road)Various Local RoadsSection Number21-00000-00-GMResident Engineer Date Local AgencyDate Prepared byNadia L SchweisthalTitleSenior Project Engineer IIApprovedRegional Engineer Date BLR 13230 (Rev. 05/13/21)Printed 01/10/22 Instructions for BLR 13230 Form instructions are not to be submitted with the form. This form shall be used for all day labor and contract projects, (maintenance or construction) to document payment to a contractor for work performed. See Chapter 13 of the Bureau of Local Roads and Streets Manual (BLRS Manual) for more detailed information. For signature requirements, refer to Chapter 2, Section 3.05(b) of the BLRS Manual. Local Public Agency Insert the name of the Local Public Agency (LPA). County Select the name of the County where the LPA is located. Route Insert the name of the route the project is located on. Section Number Insert the section number assigned to this project without dashes. If there are two section numbers assigned to the project, click on the plus sign. In the additional box labeled Section (2) add the second section number. Estimate # Insert the sequential number of the estimate. Final Check the box if this is the final pay estimate. Payable to Name Insert the name of the contractor. Payable to Address Insert the address for the contractor listed to the above. Date From Insert the beginning date of work for this pay estimate. Date To Insert the ending date of work for this pay estimate. Pay Items Pay Items Insert the unit of measure for the pay item. Unit of Measure Insert the unit of measure for the item. Awarded Quantity Insert the quantity of the pay item from the awarded contract. Values This is a calculated field, no entry is necessary. Approved Change in Plans All quality changes must be approved by IDOT using BLR 13210. In order to enter changes in quantity (added or deducted) the amounts must be approved by IDOT on BLR 13210 first. IDOT requires submission of a Change of Plans (BLR 13210) to document any plan changes. See BLRS Manual Chapter 13, section 13-2.03 (c). Added Insert any approved additions to awarded quantity. Deducted Insert any approved deductions to the awarded quantity. Completed to Date Quantity Insert the quantity completed to date for this pay item. Unit Price Insert the awarded unit price for this pay item. This field allows for a maximum of 4 decimal places. Value This is a calculated field, no entry is necessary. Miscellaneous Extras and Credits Miscellaneous Extras and Credits Insert a description of the approved miscellaneous extras and credits (e.g., agreed price items, extra work, etc.) Values Insert the dollar value of the approved miscellaneous extras and credits. Total Misc. Extras and Credits This is a calculated field, no entry is necessary. Total Value of Completed Work This is a calculated field, no entry is necessary. Deduct Retainage If this is the final pay estimate, the amount will be zero. Balance Due on Completed Work This is a calculated field, no entry is necessary. Miscellaneous Debits Miscellaneous Debits Insert the approved miscellaneous debits (e.g. liquidated damages, surface variations, etc.) Values Insert the dollar value of the approved miscellaneous debit. Total Miscellaneous Debits This is a calculated field, no entry is necessary. Net Cost of Section This is a calculated field, no entry is necessary. Previous Payments Insert the total dollar value(s) of previously approved pay estimates to the contractor. Net Amount Due This is a calculated field; no entry is necessary. Button Functionality Use the Add Row (+) and/or Remove Row (-) buttons located at the beginning of each line/row to either add a row directly below the row that the Add (+) button is clicked on or remove the actual row that the Remove (-) button is clicked on. A minimum of three (3) certified signed originals must be submitted to the Regional Engineer's District Office. Following the Regional Engineer's approval, distribution will be as follows: Bureau of Local Roads and Streets Office LPA Clerk LPA Engineer Request for Approval of Change of Plans BLR 13210 (Rev. 02/06/20)Page 1 of 3Printed 11/08/21 Local Public Agency United City of Yorkville County Kendall Route N/A Section Number 21-00000-00-GM Request Number 1 Final Contractor D Construction, Inc. Address 1488 S. Broadway Street City Coal City State IL Zip Code 60416 Date 11/17/21 I recommend that this Deduction be made The estimated quantities are shown below and the contractor agrees to furnish the materials and do the work at the unit prices. from the above contract. Item Description Unit of Measure Quantity Unit Price Addition (A) or Deduction (D) Total Addition Total Deduction -SUPPLEMENTAL WATERING UNIT 11 $0.010 D $0.00 $0.11 -BITUMINOUS MATERIALS (TACK COAT)LB 2025.4 $0.010 A $20.25 $0.00 -HMA SURFACE REMOVAL - BUTT JOINT SQYD 29 $10.000 D $0.00 $290.00 -HMA BINDER COURSE, IL-9.5, N50 TON 180.4 $63.700 D $0.00 $11,491.48 -HMA SURFACE COURSE, IL-9.5, MIX "D", N50 TON 197.4 $63.700 A $12,574.38 $0.00 -PCC SIDEWALK, 5 INCH SQ FT 275.6 $6.600 D $0.00 $1,818.96 -DETECTABLE WARNINGS SQ FT 9 $33.000 D $0.00 $297.00 -SIDEWALK REMOVAL SQ FT 277.6 $1.380 D $0.00 $383.09 -HMA SURFACE REMOVAL, 3"SQ YD 183.7 $2.650 A $486.81 $0.00 -HMA SURFACE REMOVAL, VARIABLE DEPTH SQ YD 391.7 $2.350 D $0.00 $920.50 -CLASS D PATCHES, TYPE I, 3 INCH SQ YD 14 $33.000 D $0.00 $462.00 -CLASS D PATCHES, TYPE II, 3 INCH SQ YD 54.6 $32.000 D $0.00 $1,747.20 -CLASS D PATCHES, TYPE III, 3 INCH SQ YD 229 $25.000 D $0.00 $5,725.00 -CLASS D PATCHES, TYPE IV, 3 INCH SQ YD 1437 $22.000 D $0.00 $31,614.00 -CRACK ROUTING (PAVEMENT)FOOT 80 $0.020 A $1.60 $0.00 -CRACK FILLING LB 26 $1.320 A $34.32 $0.00 -ROUTING AND SEALING CRACKS FOOT 1221.5 $0.480 A $586.32 $0.00 -MANHOLES TO BE ADJUSTED EA 13 $484.000 D $0.00 $6,292.00 -INLETS TO BE ADJUSTED EA 1 $352.000 D $0.00 $352.00 -INLETS, TYPE A, TYPE 1 FRAME, OPEN LID EA 1 $2,500.000 D $0.00 $2,500.00 -VALVE BOXES TO BE ADJUSTED EA 6 $275.000 D $0.00 $1,650.00 BLR 13210 (Rev. 02/06/20)Page 2 of 3Printed 11/08/21 Item Description Unit of Measure Quantity Unit Price Addition (A) or Deduction (D) Total Addition Total Deduction -SANITARY MANHOLES TO BE ADJUSTED EA 10 $577.500 D $0.00 $5,775.00 - SANITARY MANHOLES TO BE ADJUSTED WITH NEW TYPE 1 FRAME, CLOSED LID EA 3 $924.000 D $0.00 $2,772.00 - THERMOPLASTIC PAVEMENT MARKING - LETTERS AND SYMBOLS SQ FT 33 $11.000 A $363.00 $0.00 -THERMOPLASTIC PAVEMENT MARKING - LINE 4"FOOT 247 $0.700 D $0.00 $172.90 -THERMOPLASTIC PAVEMENT MARKING - LINE 6"FOOT 122.2 $1.900 A $232.18 $0.00 -THERMOPLASTIC PAVEMENT MARKING - LINE 8"FOOT 142 $2.400 D $0.00 $340.80 -THERMOPLASTIC PAVEMENT MARKING - LINE 12"FOOT 199.4 $3.300 A $658.02 $0.00 -THERMOPLASTIC PAVEMENT MARKING - LINE 24"FOOT 3 $11.000 A $33.00 $0.00 - POLYUREA PAVEMENT MARKING TYPE I - LETTERS AND SYMBOLS SQ FT 191.6 $5.700 D $0.00 $1,092.12 -POLYUREA PAVEMENT MARKING TYPE I - LINE 4"FOOT 3644 $0.860 D $0.00 $3,133.84 -POLYUREA PAVEMENT MARKING TYPE I - LINE 6"FOOT 998 $1.320 D $0.00 $1,317.36 -POLYUREA PAVEMENT MARKING TYPE I - LINE 8"FOOT 360 $1.430 D $0.00 $514.80 -POLYUREA PAVEMENT MARKING TYPE I - LINE 12"FOOT 403.5 $2.400 D $0.00 $968.40 -POLYUREA PAVEMENT MARKING TYPE I - LINE 24"FOOT 7.9 $5.700 D $0.00 $45.03 -SODDING, SPECIAL SQ YD 308.2 $15.000 D $0.00 $4,623.00 -PCC DRIVEWAY REMOVAL AND REPLACEMENT SQ YD 19.3 $66.000 A $1,273.80 $0.00 -HMA DRIVEWAY REMOVAL AND REPLACEMENT SQ YD 61.2 $52.000 A $3,182.40 $0.00 - COMB CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENT FOOT 35.5 $31.900 D $0.00 $1,132.45 -RAILROAD PROTECTIVE LIABILITY INSURANCE LSUM 0 $3,500.000 D $0.00 $0.00 Total Changes $19,446.08 $87,431.04 Add Row Total net deduction ($67,984.96)-7.92%of the contract price.which isto date Total Net Change ($67,984.95) Amount of Original Contract $857,885.67 Amount of Previous Change Orders $0.00 Amount of adjusted/final contract $789,900.72 BLR 13210 (Rev. 02/06/20)Page 3 of 3Printed 11/08/21 State fully the nature and reason for the change When the net increase or decrease in the cost of the contract is $10,000.00 or more, or the time of completion is increased or decreased by 30 days or more, one of the following statements must be checked: The Local Public Agency has determined that the circumstances which necessitate this change were not reasonably foreseeable at the time the contract was signed. The Local Public Agency has determined that the change is germane to the original contract is signed. The Local Public Agency has determined that this change is in the best interest of the Local Public Agency and is authorized by law. Date Regional Engineer Approved: Illinois Department of Transportation Date County Engineer/Superintendent of Highways For a Road District project County Engineer signature required. Mayor BY: Title: Date Local Public Agency Submitted/Approved Title of Preparer Senior Project Engineer II Prepared By Nadia L Schweisthal UNITED CITY OF YORKVILLE 2021 MFT (ROADS TO BETTER ROADS PROGRAM) SECTION 21-00000-00-GM BLR 13210 SUPPLEMENT EXPLANATION OF PAY ITEM CHANGES IN EXCESS OF $10,000 PAGE 1 HOT-MIX ASPHALT BINDER COURSE, IL-9.5., N50 180.4 TON DEDUCTION AT $63.70/TON = $11,491.48 This item was decreased due to binder course thickness being an average of 1.46”. This change reflects actual delivered tonnages. HOT-MIX ASPHALT SURFACE COURSE, IL-9.5., MIX “D”, N50 197.4 TON DEDUCTION AT $63.70/TON = $12,574.38 This item was increased due to surface course thickness being an average of 1.65”. This change reflects actual delivered tonnages. CLASS D PATCHES, TYPE IV, 3-INCH 1437 SQ YD DEDUCTION AT $22.00/SQ YD = $31,614.00 The patching required was less than originally planned. 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 Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #4 Tracking Number PW 2022-05 2021 Road to Better Roads Program - Additional City Council – January 25, 2022 PW – 01/18/22 Moved forward to CC consent agenda. PW 2022-05 Majority Approval of Request for Change in Plans and Final Payment Estimate Recommendation to Approve Request for Change in Plans and Final Payment Estimate Brad Sanderson Engineering Name Department The United City of Yorkville and D Construction, Inc entered into an agreement for Additional Work with a contract value of $423,400.70 for the above reference project. The project came in $109,551.31 under budget for a Final Construction Cost of $313,849.39. We recommend that the City approve of the Request for Change in Plans and Engineer’s Final Payment Estimate. If you have any questions or require additional information, please let us know. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Rob Fredrickson, Finance Director Jori Behland, City Clerk Date: January 10, 2022 Subject: 2021 Roads to Better Roads Program - Additional Engineer's Payment EstimateBLR 13230 (Rev. 05/13/21)Page 1 of 5Printed 01/10/22Local Public AgencyUnited City of YorkvilleCountyKendallRoute(s) (Street/Road)Various Local RoadsSection Number21-00000-00-GMEstimate 2FinalPayable to NameD Construction, Inc.Address1488 S. Broadway Street Coal City, IL 60416Date From11/06/21Date ToUnit ofAwardedApproved Change in PlansCompleted to DatePay ItemsMeas.QuantityValuesAddedDeductedQuantityUnit PriceValueSUPPLEMENTAL WATERINGUNIT0000 $0.0100BITUMINOUS MATERIALS (TACK COAT)LB22747 $227.47011239.8411507.16 $0.0100 $115.07HMA SURFACE REMOVAL - BUTT JOINTSQ YD297 $2,970.00021276 $10.0000 $2,760.00HMA BINDER COURSE, IL-9.5, N50TON2181 $138,929.70 05891592 $63.7000 $101,410.40 HMA SURFACE COURSE, IL-9.5, MIX "D", N50TON2181 $138,929.70 0435.11745.9 $63.7000 $111,213.83 PCC SIDEWALK 5 INCHSQ FT1265 $8,349.000355910 $6.6000 $6,006.00DETECTABLE WARNINGSSQ FT90 $2,970.0001872 $33.0000 $2,376.00SIDEWALK REMOVALSQ FT1505 $2,076.9004571048 $1.3800 $1,446.24HMA SURFACE REMOVAL, 3"SQ YD1290 $3,418.50001290 $2.6500 $3,418.50HMA SURFACE REMOVAL, VARIABLE DEPTHSQ YD18139 $42,626.65 0018139 $2.3500 $42,626.65 CLASS D PATCHES, TYPE I, 3 INCHSQ YD261 $8,613.0002610 $33.0000CLASS D PATCHES, TYPE II, 3 INCHSQ YD261 $8,352.0002610 $32.0000CLASS D PATCHES, TYPE III, 3 INCHSQ YD261 $6,525.0002610 $25.0000CLASS D PATCHES, TYPE IV, 3 INCHSQ YD261 $5,742.0002610 $22.0000 BLR 13230 (Rev. 05/13/21)Page 2 of 5Printed 01/10/22Local Public AgencyUnited City of YorkvilleCountyKendallRoute(s) (Street/Road)Various Local RoadsSection Number21-00000-00-GMPay ItemsMeas.QuantityValuesAddedDeductedQuantityUnit PriceValueCRACK ROUTING (PAVEMENT)FT0000 $0.0200CRACK FILLINGLB0000 $1.3200ROUTING AND SEALING CRACKSFT10701 $5,136.4891010792 $0.4800 $5,180.16MANHOLES TO BE ADJUSTEDEA0000 $484.0000 INLETS TO BE ADJUSTEDEA28 $9,856.000199 $352.0000 $3,168.00INLETS, TYPE A, TYPE 1 FRAME, OPEN LIDEA0000 $2,500.0000 INLETS TO BE ADJUSTED WITH NEW TYPE 1 FRAME, OPEN LIDEA0000 $880.0000 VALVE BOXES TO BE ADJUSTEDEA0000 $275.0000 SANITARY MANHOLES TO BE ADJUSTEDEA0000 $577.5000 SANITARY MANHOLES TO BE ADJUSTED WITH NEW TYPE 1 FRAME, CLOSED LIDEA0000 $924.0000 THERMOPLASTIC PAVEMENT MARKING - LETTER AND SYMBOLSSQ FT96 $1,056.0080104 $11.0000 $1,144.00THERMOPLASTIC PAVEMENT MARKING - LINE 4"FT1500 $1,050.000665.7834.3 $0.7000 $584.01THERMOPLASTIC PAVEMENT MARKING - LINE 6"FT380 $722.0005375 $1.9000 $712.50THERMOPLASTIC PAVEMENT MARKING - LINE 8"FT0000 $2.4000THERMOPLASTIC PAVEMENT MARKING - LINE 12"FT0000 $3.3000 BLR 13230 (Rev. 05/13/21)Page 3 of 5Printed 01/10/22Local Public AgencyUnited City of YorkvilleCountyKendallRoute(s) (Street/Road)Various Local RoadsSection Number21-00000-00-GMTHERMOPLASTIC PAVEMENT MARKING - LINE 24"FT013.8013.8 $11.0000 $151.80POLYUREA PAVEMENT MARKING TYPE I - LETTERS AND SYMBOLSSQ FT0000 $5.7000POLYUREA PAVEMENT MARKING TYPE I - LINE 4"FT0000 $0.8600POLYUREA PAVEMENT MARKING TYPE I - LINE 6"FT0000 $1.3200POLYUREA PAVEMENT MARKING TYPE I - LINE 8"FT0000 $1.4300POLYUREA PAVEMENT MARKING TYPE I - LINE 12"FT0000 $2.4000POLYUREA PAVEMENT MARKING TYPE I - LINE 24"FT0000 $5.7000SODDING, SPECIALSQ YD380 $5,700.00016.6363.4 $15.0000 $5,451.00PCC DRIVEWAY REMOVAL AND REPLACEMENTSQ YD0000 $66.0000HMA DRIVEWAY REMOVAL AND REPLACEMENTSQ YD5 $260.008.8013.8 $52.0000 $717.60COMB CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENTFT937 $29,890.30 10601043 $31.9000 $33,271.70 RAILROAD PROTECTIVE LIABILITY INSURANCELSUM0000 $3,500.0000 Total $423,400.70 Total $321,753.46 Miscellaneous Extras and CreditsValuesDAMAGED VALVE REPLACEMENT($11,754.65)PCC PAVEMENT PATCH, 10" ($220.00/SY) $2,742.67BEAVER STREET CURB REPAIR $1,107.91 BLR 13230 (Rev. 05/13/21)Page 4 of 5Printed 01/10/22Local Public AgencyUnited City of YorkvilleCountyKendallRoute(s) (Street/Road)Various Local RoadsSection Number21-00000-00-GMTotal Miscellaneous Extras and Credits($7,904.07)Total Value of Completed Work $313,849.39 Deduct RetainageBalance Due of Completed Work $313,849.39 Miscellaneous DebitsValuesTotal Miscellaneous DebitsNet Cost of Section $313,849.39 Previous Payments $298,156.92 Net Amount Due $15,692.47 The LPA is under agreements of understanding and has completed the required paperwork and documentation, with submissions made per the agreement. The Local Public Agency (LPA) certifies that the above pay estimate quantities do not require submission to the Department of Transportation of a Change in Plans (BLR 13210).The LPA certifies that a Change in Plans (BLR 13210) has been submitted to, and approved by the Department of Transportation as required for the above quantities. BLR 13230 (Rev. 05/13/21)Page 5 of 5Printed 01/10/22Local Public AgencyUnited City of YorkvilleCountyKendallRoute(s) (Street/Road)Various Local RoadsSection Number21-00000-00-GMResident Engineer Date Local AgencyDate Prepared byNadia L SchweisthalTitleSenior Project Engineer IIApprovedRegional Engineer Date BLR 13230 (Rev. 05/13/21)Printed 01/10/22 Instructions for BLR 13230 Form instructions are not to be submitted with the form. This form shall be used for all day labor and contract projects, (maintenance or construction) to document payment to a contractor for work performed. See Chapter 13 of the Bureau of Local Roads and Streets Manual (BLRS Manual) for more detailed information. For signature requirements, refer to Chapter 2, Section 3.05(b) of the BLRS Manual. Local Public Agency Insert the name of the Local Public Agency (LPA). County Select the name of the County where the LPA is located. Route Insert the name of the route the project is located on. Section Number Insert the section number assigned to this project without dashes. If there are two section numbers assigned to the project, click on the plus sign. In the additional box labeled Section (2) add the second section number. Estimate # Insert the sequential number of the estimate. Final Check the box if this is the final pay estimate. Payable to Name Insert the name of the contractor. Payable to Address Insert the address for the contractor listed to the above. Date From Insert the beginning date of work for this pay estimate. Date To Insert the ending date of work for this pay estimate. Pay Items Pay Items Insert the unit of measure for the pay item. Unit of Measure Insert the unit of measure for the item. Awarded Quantity Insert the quantity of the pay item from the awarded contract. Values This is a calculated field, no entry is necessary. Approved Change in Plans All quality changes must be approved by IDOT using BLR 13210. In order to enter changes in quantity (added or deducted) the amounts must be approved by IDOT on BLR 13210 first. IDOT requires submission of a Change of Plans (BLR 13210) to document any plan changes. See BLRS Manual Chapter 13, section 13-2.03 (c). Added Insert any approved additions to awarded quantity. Deducted Insert any approved deductions to the awarded quantity. Completed to Date Quantity Insert the quantity completed to date for this pay item. Unit Price Insert the awarded unit price for this pay item. This field allows for a maximum of 4 decimal places. Value This is a calculated field, no entry is necessary. Miscellaneous Extras and Credits Miscellaneous Extras and Credits Insert a description of the approved miscellaneous extras and credits (e.g., agreed price items, extra work, etc.) Values Insert the dollar value of the approved miscellaneous extras and credits. Total Misc. Extras and Credits This is a calculated field, no entry is necessary. Total Value of Completed Work This is a calculated field, no entry is necessary. Deduct Retainage If this is the final pay estimate, the amount will be zero. Balance Due on Completed Work This is a calculated field, no entry is necessary. Miscellaneous Debits Miscellaneous Debits Insert the approved miscellaneous debits (e.g. liquidated damages, surface variations, etc.) Values Insert the dollar value of the approved miscellaneous debit. Total Miscellaneous Debits This is a calculated field, no entry is necessary. Net Cost of Section This is a calculated field, no entry is necessary. Previous Payments Insert the total dollar value(s) of previously approved pay estimates to the contractor. Net Amount Due This is a calculated field; no entry is necessary. Button Functionality Use the Add Row (+) and/or Remove Row (-) buttons located at the beginning of each line/row to either add a row directly below the row that the Add (+) button is clicked on or remove the actual row that the Remove (-) button is clicked on. A minimum of three (3) certified signed originals must be submitted to the Regional Engineer's District Office. Following the Regional Engineer's approval, distribution will be as follows: Bureau of Local Roads and Streets Office LPA Clerk LPA Engineer Request for Approval of Change of Plans BLR 13210 (Rev. 02/06/20)Page 1 of 3Printed01/10/22 Local Public Agency United City of Yorkville County Kendall Route N/A Section Number 21-00000-00-GM Request Number 1 Final Contractor D Construction, Inc. Address 1488 S. Broadway Street City Coal City State IL Zip Code 60416 Date 01/05/22 I recommend that this Deduction be made The estimated quantities are shown below and the contractor agrees to furnish the materials and do the work at the unit prices. from the above contract. Item Description Unit of Measure Quantity Unit Price Addition (A) or Deduction (D) Total Addition Total Deduction -SUPPLEMENTAL WATERING UNIT 0 $0.010 D $0.00 $0.00 -BITUMINOUS MATERIALS (TACK COAT)LB 11239.84 $0.010 D $0.00 $112.40 -HMA SURFACE REMOVAL - BUTT JOINT SQYD 21 $10.000 D $0.00 $210.00 -HMA BINDER COURSE, IL-9.5, N50 TON 589 $63.700 D $0.00 $37,519.30 -HMA SURFACE COURSE, IL-9.5, MIX "D", N50 TON 435.1 $63.700 D $0.00 $27,715.87 -PCC SIDEWALK, 5 INCH SQ FT 355 $6.600 D $0.00 $2,343.00 -DETECTABLE WARNINGS SQ FT 18 $33.000 D $0.00 $594.00 -SIDEWALK REMOVAL SQ FT 457 $1.380 D $0.00 $630.66 -HMA SURFACE REMOVAL, 3"SQ YD 0 $2.650 D $0.00 $0.00 -HMA SURFACE REMOVAL, VARIABLE DEPTH SQ YD 0 $2.350 D $0.00 $0.00 -CLASS D PATCHES, TYPE I, 3 INCH SQ YD 261 $33.000 D $0.00 $8,613.00 -CLASS D PATCHES, TYPE II, 3 INCH SQ YD 261 $32.000 D $0.00 $8,352.00 -CLASS D PATCHES, TYPE III, 3 INCH SQ YD 261 $25.000 D $0.00 $6,525.00 -CLASS D PATCHES, TYPE IV, 3 INCH SQ YD 261 $22.000 D $0.00 $5,742.00 -CRACK ROUTING (PAVEMENT)FOOT 0 $0.020 D $0.00 $0.00 -CRACK FILLING LB 0 $1.320 D $0.00 $0.00 -ROUTING AND SEALING CRACKS FOOT 91 $0.480 A $43.68 $0.00 -MANHOLES TO BE ADJUSTED EA 0 $484.000 D $0.00 $0.00 -INLETS TO BE ADJUSTED EA 19 $352.000 D $0.00 $6,688.00 -INLETS, TYPE A, TYPE 1 FRAME, OPEN LID EA 0 $2,500.000 D $0.00 $0.00 -VALVE BOXES TO BE ADJUSTED EA 0 $275.000 D $0.00 $0.00 BLR 13210 (Rev. 02/06/20)Page 2 of 3Printed01/10/22 Item Description Unit of Measure Quantity Unit Price Addition (A) or Deduction (D) Total Addition Total Deduction -SANITARY MANHOLES TO BE ADJUSTED EA 0 $577.500 D $0.00 $0.00 - SANITARY MANHOLES TO BE ADJUSTED WITH NEW TYPE 1 FRAME, CLOSED LID EA 0 $924.000 D $0.00 $0.00 - THERMOPLASTIC PAVEMENT MARKING - LETTERS AND SYMBOLS SQ FT 8 $11.000 A $88.00 $0.00 -THERMOPLASTIC PAVEMENT MARKING - LINE 4"FOOT 665.7 $0.700 D $0.00 $465.99 -THERMOPLASTIC PAVEMENT MARKING - LINE 6"FOOT 5 $1.900 D $0.00 $9.50 -THERMOPLASTIC PAVEMENT MARKING - LINE 8"FOOT 0 $2.400 D $0.00 $0.00 -THERMOPLASTIC PAVEMENT MARKING - LINE 12"FOOT 0 $3.300 D $0.00 $0.00 -THERMOPLASTIC PAVEMENT MARKING - LINE 24"FOOT 13.8 $11.000 A $151.80 $0.00 - POLYUREA PAVEMENT MARKING TYPE I - LETTERS AND SYMBOLS SQ FT 0 $5.700 D $0.00 $0.00 -POLYUREA PAVEMENT MARKING TYPE I - LINE 4"FOOT 0 $0.860 D $0.00 $0.00 -POLYUREA PAVEMENT MARKING TYPE I - LINE 6"FOOT 0 $1.320 D $0.00 $0.00 -POLYUREA PAVEMENT MARKING TYPE I - LINE 8"FOOT 0 $1.430 D $0.00 $0.00 -POLYUREA PAVEMENT MARKING TYPE I - LINE 12"FOOT 0 $2.400 D $0.00 $0.00 -POLYUREA PAVEMENT MARKING TYPE I - LINE 24"FOOT 0 $5.700 D $0.00 $0.00 -SODDING, SPECIAL SQ YD 16.6 $15.000 D $0.00 $249.00 -PCC DRIVEWAY REMOVAL AND REPLACEMENT SQ YD 0 $66.000 D $0.00 $0.00 -HMA DRIVEWAY REMOVAL AND REPLACEMENT SQ YD 8.8 $52.000 A $457.60 $0.00 - COMB CONCRETE CURB AND GUTTER REMOVAL AND REPLACEMENT FOOT 106 $31.900 A $3,381.40 $0.00 -RAILROAD PROTECTIVE LIABILITY INSURANCE LSUM 0 $3,500.000 D $0.00 $0.00 -DAMAGED VALVE REPLACEMENT (CREDIT)LSUM 1 $11,754.650 D $0.00 $11,754.65 -PCC PAVEMENT PATCH. 10" (EXTRA)LSUM 1 $2,742.670 A $2,742.67 $0.00 -BEAVER STREET CURB REPAIR (EXTRA)LSUM 1 $1,107.910 A $1,107.91 $0.00 Total Changes $7,973.06 $117,524.37 Add Row BLR 13210 (Rev. 02/06/20)Page 3 of 3Printed01/10/22 Total net deduction ($109,551.31)-25.87%of the contract price.which isto date Total Net Change ($109,551.31) Amount of Original Contract $423,400.70 Amount of Previous Change Orders $0.00 Amount of adjusted/final contract $313,849.39 State fully the nature and reason for the change When the net increase or decrease in the cost of the contract is $10,000.00 or more, or the time of completion is increased or decreased by 30 days or more, one of the following statements must be checked: The Local Public Agency has determined that the circumstances which necessitate this change were not reasonably foreseeable at the time the contract was signed. The Local Public Agency has determined that the change is germane to the original contract is signed. The Local Public Agency has determined that this change is in the best interest of the Local Public Agency and is authorized by law. Date Regional Engineer Approved: Illinois Department of Transportation Date County Engineer/Superintendent of Highways For a Road District project County Engineer signature required. Mayor BY: Title: Date Local Public Agency Submitted/Approved Title of Preparer Senior Project Engineer II Prepared By Nadia L Schweisthal UNITED CITY OF YORKVILLE 2021 ADDITIONAL WORK (ROADS TO BETTER ROADS PROGRAM) SECTION 21-00000-00-GM BLR 13210 SUPPLEMENT EXPLANATION OF PAY ITEM CHANGES IN EXCESS OF $10,000 PAGE 1 HOT-MIX ASPHALT BINDER COURSE, IL-9.5., N50 589.0 TON DEDUCTION AT $63.70/TON = $37,519.30 This item was decreased due to both the binder course thickness being an average of 1.42”, and also the decision to not resurface Corneils Road in 2021. HOT-MIX ASPHALT SURFACE COURSE, IL-9.5., MIX “D”, N50 435.1 TON DEDUCTION AT $63.70/TON = $27,715.87 This item was decreased due to the decision to not resurface Corneils Road in 2021. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #5 Tracking Number ADM 2022-02 Treasurer’s Report for December 2021 City Council –January 25, 2022 ADM – 01/19/22 Moved forward to CC consent agenda. ADM 2022-02 Majority Approval Please see attached. Rob Fredrickson Finance Name Department Beginning Fund Balance Dec Revenues YTD Revenues Revenue Budget % of Budget Dec Expenses YTD Expenses Expense Budget % of Budget Projected Ending Fund Balance General Fund01 - General 9,172,352$ 1,595,866$ 15,283,190$ 18,100,270$ 84% 1,128,675$ 10,964,545$ 18,100,270$ 61% 13,490,997$ Special Revenue Funds15 - Motor Fuel Tax 1,243,821 66,843 802,485 1,260,019 64% 28,022 532,011 2,435,413 22% 1,514,295 79 - Parks and Recreation 73,002 133,866 1,509,961 2,643,058 57% 156,421 1,562,645 2,716,058 58% 20,319 72 - Land Cash 31,131 - 1,329 25,760 5% - - 5,000 0% 32,460 87 - Countryside TIF (1,211,223) - 250,366 260,727 96% 1,501 217,769 223,397 97% (1,178,626) 88 - Downtown TIF (1,448,929) - 96,795 70,000 138% 3,560 271,601 291,412 93% (1,623,735) 89 - Downtown TIF II (47,869) - 78,764 48,526 0% 106 37,521 30,500 123% (6,626) 11 - Fox Hill SSA 10,231 - 16,034 19,000 84% - 4,688 59,200 8% 21,577 12 - Sunflower SSA (8,409) - 20,363 21,000 97% - 9,569 17,200 56% 2,385 Debt Service Fund42 - Debt Service - 26,981 221,400 329,375 67% 319,450 329,375 329,375 100% (107,975) Capital Project Funds25 - Vehicle & Equipment 1,485,790 48,081 291,118 547,226 53% 29,635 430,898 1,877,998 23% 1,346,010 24 - Buildings & Grounds - 66 8,793,367 9,584,249 92% 332,725 2,718,579 9,584,249 28% 6,074,788 23 - City-Wide Capital 119,566 194,163 4,262,947 5,808,072 73% 234,876 2,104,139 5,545,285 38% 2,278,374 Enterprise Funds *51 - Water 3,901,358 772,990 3,720,349 5,061,271 74% 1,429,657 3,819,280 6,081,733 63% 3,802,427 *52 - Sewer 864,688 299,840 1,517,444 2,275,602 67% 1,078,842 1,635,050 2,428,579 67% 747,082 Library Funds82 - Library Operations 638,033 2,829 1,673,744 1,692,702 99% 839,347 1,337,366 1,709,443 78% 974,411 84 - Library Capital 169,187 4,017 89,359 50,200 178% 32,738 62,417 95,500 65% 196,130 Total Funds 14,992,729$ 3,145,542$ 38,629,017$ 47,797,057$ 81% 5,615,556$ 26,037,453$ 51,530,612$ 51% 27,584,293$ * Fund Balance EquivalencyRob Fredrickson, Finance Director/TreasurerUNITED CITY OF YORKVILLE TREASURER'S REPORT - for the month ending December 31, 2021Cash 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 Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #6 Tracking Number ADM 2022-06 Codification of Garbage Surcharge Rates – FY 2023 thru FY 2027 City Council – January 25, 2022 ADM – 01/19/22 Moved forward to CC consent agenda. ADM 2022-06 Majority Approval Rob Fredrickson Finance Name Department The attached ordinance (Exhibit A) codifies garbage surcharge rates for Fiscal Years 2023 through 2027, pursuant to the contract for garbage, refuse, recycling and yard waste collection that the City entered into with Groot, Inc. on January 11, 2022. Monthly contractual (i.e., regular) and discounted senior rates for 96-, 65- and 35-gallon totes are shown in the table below. FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 96 Gallon Totes - Monthly Charges Regular $ 18.21 $ 18.99 $ 19.75 $ 20.54 $ 21.36 $ 22.21 Senior $ 14.57 $ 15.19 $ 15.80 $ 16.43 $ 17.09 $ 17.77 Senior Circuit Breaker $ 9.11 $ 9.50 $ 9.88 $ 10.27 $ 10.68 $ 11.11 65 Gallon Totes - Monthly Charges Regular $ 18.21 $ 18.79 $ 19.54 $ 20.32 $ 21.13 $ 21.98 Senior $ 14.57 $ 15.03 $ 15.63 $ 16.26 $ 16.90 $ 17.58 Senior Circuit Breaker $ 9.11 $ 9.40 $ 9.77 $ 10.16 $ 10.57 $ 10.99 35 Gallon Totes - Monthly Charges (Seniors Only) Contractual Rate $ 17.61 $ 17.81 $ 18.52 $ 19.26 $ 20.03 $ 20.83 Senior $ 14.09 $ 14.25 $ 14.82 $ 15.41 $ 16.02 $ 16.66 Senior Circuit Breaker $ 8.81 $ 8.91 $ 9.26 $ 9.63 $ 10.02 $ 10.42 In comparison to the current year, Fiscal Year 2023 regular garbage rates will increase by 4.3%, from $18.21 to $18.99 a month for 96-gallon totes; and by 3.2%, from $18.21 to $18.79 a month for 65-gallon totes. From FY 2024 onwards, contractual rates will continue to increase by approximately 4% (+$10) per year through the end of FY 2027. Residents aged 65 and older, will continue to receive a discounted rate of 20% for seniors and 50% for seniors who qualify for circuit breaker. In addition, Seniors will still be eligible to utilize 35-gallon totes, should they wish to do so, at the discounted rates prescribed above. Staff recommends approval of the attached ordinance. Memorandum To: Administration Committee From: Rob Fredrickson, Finance Director Date: January 12, 2022 Subject: Garbage Surcharge Rate Ordinance Ordinance No. 2022-____ Page 1 Ordinance No. 2022- _____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, PROVIDING FOR NEW GARBAGE SERVICE RATES 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, 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 Title 7, Chapter 7, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting that Section in its entirety and replacing it with the following: “7-7-2 GARBAGE SERVICE SURCHARGE A. Garbage Service Surcharge Rates shall be as follows: 1. Effective May 1, 2022, for service with 96-gallon totes, a garbage surcharge shall be placed on the regular billing of City utility bills for the sum of eighteen dollars ninety-nine cents ($18.99) per month. The surcharge for residents sixty- five (65) years of age or older shall be fifteen dollars nineteen cents ($15.19) per month. The surcharge for residents sixty-five (65) years of age or older who qualify for Circuit Breaker, shall be nine dollars fifty cents ($9.50) per month. For service with 65-gallon totes, a garbage surcharge shall be placed on the regular billing of City utility bills for the sum of eighteen dollars seventy-nine cents ($18.79) per month. The surcharge for residents sixty-five (65) years of age or older shall be fifteen dollars three cents ($15.03) per month. The surcharge for residents sixty-five (65) years of age or older who qualify for Circuit Breaker, shall be nine dollars forty cents ($9.40) per month. The surcharge for residents sixty-five (65) years of age or older, who have 35-gallon tote service, shall be fourteen dollars twenty-five cents ($14.25) per month. The surcharge for residents sixty-five (65) years of age or older who qualify for Circuit Breaker, shall be eight dollars ninety-one cents ($8.91) per month. 2. Effective May 1, 2023, for service with 96-gallon totes, a garbage surcharge shall be placed on the regular billing of City utility bills for the sum of nineteen dollars seventy-five cents ($19.75) per month. The surcharge for residents sixty- five (65) years of age or older shall be fifteen dollars eighty cents ($15.80) per month. The surcharge for residents sixty-five (65) years of age or older who qualify for Circuit Breaker, shall be nine dollars eighty-eight cents ($9.88) per month. For service with 65-gallon totes, a garbage surcharge shall be placed on Ordinance No. 2022-____ Page 2 the regular billing of City utility bills for the sum of nineteen dollars fifty-four cents ($19.54) per month. The surcharge for residents sixty-five (65) years of age or older shall be fifteen dollars sixty-three cents ($15.63) per month. The surcharge for residents sixty-five (65) years of age or older who qualify for Circuit Breaker, shall be nine dollars seventy-seven cents ($9.77) per month. The surcharge for residents sixty-five (65) years of age or older, who have 35-gallon tote service, shall be fourteen dollars eighty-two cents ($14.82) per month. The surcharge for residents sixty-five (65) years of age or older who qualify for Circuit Breaker, shall be nine dollars twenty-six cents ($9.26) per month. 3. Effective May 1, 2024, for service with 96-gallon totes, a garbage surcharge shall be placed on the regular billing of City utility bills for the sum of twenty dollars fifty-four cents ($20.54) per month. The surcharge for residents sixty-five (65) years of age or older shall be sixteen dollars forty-three cents ($16.43) per month. The surcharge for residents sixty-five (65) years of age or older who qualify for Circuit Breaker, shall be ten dollars twenty-seven cents ($10.27) per month. For service with 65-gallon totes, a garbage surcharge shall be placed on the regular billing of City utility bills for the sum of twenty dollars thirty-two cents ($20.32) per month. The surcharge for residents sixty-five (65) years of age or older shall be sixteen dollars twenty-six cents ($16.26) per month. The surcharge for residents sixty-five (65) years of age or older who qualify for Circuit Breaker, shall be ten dollars sixteen cents ($10.16) per month. The surcharge for residents sixty-five (65) years of age or older, who have 35-gallon tote service, shall be fifteen dollars forty-one cents ($15.41) per month. The surcharge for residents sixty-five (65) years of age or older who qualify for Circuit Breaker, shall be nine dollars sixty-three cents ($9.63) per month. 4. Effective May 1, 2025, for service with 96-gallon totes, a garbage surcharge shall be placed on the regular billing of City utility bills for the sum of twenty-one dollars thirty-six cents ($21.36) per month. The surcharge for residents sixty-five (65) years of age or older shall be seventeen dollars nine cents ($17.09) per month. The surcharge for residents sixty-five (65) years of age or older who qualify for Circuit Breaker, shall be ten dollars sixty-eight cents ($10.68) per month. For service with 65-gallon totes, a garbage surcharge shall be placed on the regular billing of City utility bills for the sum of twenty-one dollars thirteen cents ($21.13) per month. The surcharge for residents sixty-five (65) years of age or older shall be sixteen dollars ninety cents ($16.90) per month. The surcharge for residents sixty-five (65) years of age or older who qualify for Circuit Breaker, shall be ten dollars fifty-seven cents ($10.57) per month. The surcharge for residents sixty-five (65) years of age or older, who have 35-gallon tote service, shall be sixteen dollars two cents ($16.02) per month. The surcharge for residents sixty-five (65) years of age or older who qualify for Circuit Breaker, shall be ten dollars two cents ($10.02) per month. Ordinance No. 2022-____ Page 3 5. Effective May 1, 2026, for service with 96-gallon totes, a garbage surcharge shall be placed on the regular billing of City utility bills for the sum of twenty-two dollars twenty-one cents ($22.21) per month. The surcharge for residents sixty- five (65) years of age or older shall be seventeen dollars seventy-seven cents ($17.77) per month. The surcharge for residents sixty-five (65) years of age or older who qualify for Circuit Breaker, shall be eleven dollars eleven cents ($11.11) per month. For service with 65-gallon totes, a garbage surcharge shall be placed on the regular billing of City utility bills for the sum of twenty-one dollars ninety-eight cents ($21.98) per month. The surcharge for residents sixty- five (65) years of age or older shall be seventeen dollars fifty-eight cents ($17.58) per month. The surcharge for residents sixty-five (65) years of age or older who qualify for Circuit Breaker, shall be ten dollars ninety-nine cents ($10.99) per month. The surcharge for residents sixty-five (65) years of age or older, who have 35-gallon tote service, shall be sixteen dollars sixty-six cents ($16.66) per month. The surcharge for residents sixty-five (65) years of age or older who qualify for Circuit Breaker, shall be ten dollars forty-two cents ($10.42) per month. B. Duration: The garbage surcharge service rates shall continue to be imposed until further amended by ordinance of the City. C. Imposed: The garbage surcharge service rates shall be imposed upon all persons, entities or property owners who receive or are eligible to receive curb side garbage, refuse, recycling or yard waste collection services pursuant to the current contract for such collection services entered into between the City and its designated service provider. D. Exceptions: The garbage surcharge service rates shall not be imposed on multi-family uses of more than two attached dwelling units or commercial, business or manufacturing uses.” Section 2: This Ordinance shall be in full force and effect on upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ________ day of ________, 2022. ______________________________ CITY CLERK Ordinance No. 2022-____ Page 4 KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ JASON PETERSON _________ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____ day of _______________ 2022. ______________________________ 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 Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #1 Tracking Number CC 2022-04 City/School District Preschool Agreement City Council – January 25, 2022 Majority Approval Bart Olson Administration Name Department Summary Review of an agreement for use of a portion of the School District’s sports auxiliary building for the City’s preschool. Background The City and the School District have been discussing use of a portion of the School District’s sports auxiliary building (the southern half of the ticketing building near Campbell Field) for the past few months. This discussion has generally revolved around the City paying for the cost to renovate the space in exchange for a multi-year commitment for use of the building. As a side issue, the School District is very interested in participating in some components of the operation of the preschool as they have various staff members and students that may be interested in early childhood education career paths. The Park Board has reviewed the high-level concepts of this agreement (presented verbally) at their prior meetings and have recommended that the City Council entertain approval of the concept. The attached draft memorandum of understanding (MOU) represents the current staff level negotiations of the proposal. Tim Evans has also drafted a more comprehensive memo on the entire preschool operations and MOU, and will be available at the City Council meeting to answer questions. The School Board has previously discussed the high level concepts of this agreement but has not reviewed this MOU. The Superintendent has reviewed the MOU and generally is ok with the document, but has sent it to the School District’s attorney for review. The School District is expected to review this document at their February Board meeting, where they will also be considering signing off on the renovation work on the building (they have already done due diligence with their contractors). In order to meet the Fall preschool calendar timelines, the School District has asked the City to provide sign off on the financial commitment by early February so demolition and renovation can begin immediately. Recommendation Staff does recommend approval of the attached MOU. The preschool renovation costs are budgeted, and we think this is an excellent opportunity to foster long term intergovernmental partnership. If the School District has changes to the agreement at their meeting (i.e. after the City Council has voted on the MOU), we would bring back the agreement at a later City Council meeting for City Council ratification. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: January 20, 2022 Subject: City-School Preschool Agreement Subject: Proposed City/School District 115 Partnership Background: In 2020, the City decided to purchase the building at 651 Prairie Pointe Drive as a future City Hall and Police Station. The new building also includes office space for Recreation staff to move from their current location on Hydraulic Ave. As part of the City-owned facilities review process, the City has been investigating all City-owned properties for opportunities to reduce the number of owned facilities while exploring ways to use all available space effectively. Initially, the City and Library discussed the possibility of the City’s Preschool Program moving their operations into underutilized space at the Library, due to the new City Hall location being unable to provide appropriate space for such a program. After the Library decided not to pursue the preschool partnership, the City reached out to Yorkville Community Unit School District 115 to see if there was a possibility for a preschool partnership between the City and School District 115. Over the last few months, City and School District staff have been meeting to discuss a possible partnership between the two entities and how this partnership could benefit both organizations and the residents of Yorkville. By incorporating the City’s preschool program into the Yorkville High School’s existing Educator Pathways program, it will provide the Family and Consumer Science students a unique opportunity to observe and assist in a real classroom setting. A copy of a proposed Memo of Understanding is attached, but succinctly, School District 115 will provide space for the preschool program by renovating a portion of the sports building located behind the Yorkville High School Academy while the City will fund those renovations. City staff will still be responsible for the day-to-day operations of the preschool program and School District 115 will maintain the facility. An image of the proposed location and a budget are also attached. While both organizations expect additional opportunities and benefits from this partnership to develop, some initial benefits of the preschool partnership include the following: a) By establishing the preschool lab classroom within a District 115 school, the Yorkville High School Educator Pathways Program will be enhanced as a result of the partnership between Yorkville Community Unit School District 115 and the City’s Parks & Recreation Department. b) Proximity of the proposed preschool classroom to the High School will allow the high school students to conveniently and safely access the preschool program. c) Preschool students will be able to easily access and utilize the Yorkville Grade School playground. d) A central location is created for preschool families. Memorandum To: Yorkville City Council From: Tim Evans, Director of Parks and Recreation CC: Bart Olson, City Administrator Date: January 20, 2022 Subject: City/School District 115 Preschool Partnership e) An education campus will be created with the City’s preschool program, District 115 schools, Library and Beecher Park all located within the area. Recommendation Staff seeks City Council approval on the proposed City/School District 115 Preschool Partnership. Hig h S c h o o l Foo t b a l l Eq u i p m e n t Pre s c h o o l Op t i o n Resolution No. 2022-____ Page 1 Resolution No. 2022-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND YORKVILLE COMMUNITY SCHOOL DISTRICT 115 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 this State; and, WHEREAS, Yorkville Community School District 115 (the “School District”) is a school district of the State of Illinois with the powers as granted by Article VII, Section 8 of the 1970 Illinois Constitution and as provided by law; and, WHEREAS, the City and the School District have reviewed the mutual benefits which will result from the sharing of School District facilities with the City’s Park and Recreation Department (the “P&R Dept.”) for the operation of its preschool program; and, WHEREAS, the City and the School District have discussed this proposal and have agreed to a partnership regarding the P&R Dept.’s preschool program in accordance with the terms and conditions set forth in the Memorandum of Understanding attached hereto. WHEREAS, after a review of the proposed Memorandum of Understanding, the Mayor and City Council of the City (the “Corporate Authorities”) are prepared to approve the terms and conditions set forth therein. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Each of the recitals above is incorporated by reference in this Section 1. Resolution No. 2022-____ Page 2 Section 2. That the Memorandum of Understanding by and between the United City of Yorkville, Illinois and Yorkville Community School District 115, is hereby approved and the Mayor is hereby authorized to execute and deliver said Memorandum. Section 3. This Resolution 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. 2022. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ JASON PETERSON _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2022. ______________________________ MAYOR Attest: ______________________________ CITY CLERK United City of Yorkville & Yorkville Community School District 115 Memorandum of Understanding This Memorandum of Understanding (MOU) sets the terms for an understanding between the United City of Yorkville and the Yorkville Community School District 115 concerning a proposed preschool partnership between the two organizations. Background The United City of Yorkville Parks & Recreation Department is interested in relocating their preschool program and would like to collaborate with the Yorkville School District. Such a partnership can benefit both organizations and ultimately best serve the Yorkville and School District residents. By incorporating the City’s Preschool Program into the Yorkville High School’s existing Educator Pathways program, the Family and Consumer Science students will have a ready opportunity to observe and assist in the classroom and the preschool program will have access to larger preschool room space, playground and open space. This proposed location for the Preschool Program at the sports building behind the Yorkville High Academy (the “Sports Building”) will provide a central location within the City of Yorkville near multiple schools, park and library. The Yorkville School District will renovate a portion of the Sports Building to provide two classrooms for the use of the Preschool Program. The proximity of the lab classroom to the high school campus is an additional benefit for the Family and Consumer Science students to easily access the Preschool Program. By establishing a formal lab classroom, the Yorkville High School Educator Pathways Program will benefit as a result of an innovative partnership between District 115 and the United City of Yorkville Parks & Recreation Department. Purpose This MOU will enumerate the details of a partnership between United City of Yorkville Parks & Recreation Department and Yorkville CUSD 115 in supporting a collaboration between the City’s Preschool Program and District 115's lab classroom. The City of Yorkville will provide the following: 1) Up to $75,000 to remodel the Sports Building to provide two preschool rooms, move and set up the preschool at the District 115’s lab classroom. 2) The City will be responsible for all aspects of the day-to-day preschool operations, such as: a) Hiring staff as City employees. b) Purchase all needed materials. c) Registration. d) Marketing of the program. e) Coordinating and implementing overall operations. The School District will be responsible for providing the following: 1) Two large preschool classrooms, for the duration of 5 years, as shown on the attachment. 2) Project management for the remodeling Sports Building. 3) Collaborate with City on the remodeling of the Sports Building, 4) Maintain the Sports Building. 5) Provide a copy machine and Wi-Fi. Reporting Designated City Staff and School District Staff will meet regularly to discuss the status of the partnership. The United City of Yorkville Parks and Recreation Department will send out a survey to the preschool families on the partnership. Funding City will contribute up to $75,000 to remodel the two preschool rooms, moving and setting up the preschool at the District’s 225 classroom. Duration Use of the classrooms by the City shall be for five (5) years, subject to modification as described below through mutual consent of the parties. The parties may extend the use of the classrooms beyond five (5) years through mutual consent, upon the written request of the City delivered to the School before by the fourth anniversary of the execution this MOU, It is understood that the School District may unilaterally terminate the agreement and use of the classrooms in the event the City operates its Preschool Program in any way which interferes the with the use of the Yorkville High School Academy but only after written notice to the City and an opportunity to cure the problem. This MOU is “at-will” and may be modified by mutual consent of authorized officials from United City of Yorkville and Yorkville Community School District 115. This MOU shall become effective upon signature by the authorized officials from the United City of Yorkville and Yorkville Community School District 115 and will remain in effect until modified or terminated by any one of the partners by mutual consent. In the absence of mutual agreement by the authorized officials from United City of Yorkville and Yorkville Community School District 115 this MOU shall renew yearly. Contact Information 1) United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 2) Yorkville Community School District 115 602 Center Pkwy # A Yorkville, IL 60560 ________________________Date: (United City of Yorkville) ________________________Date: (Yorkville Community School District 115) 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 Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #2 Tracking Number CC 2022-05 Bright Farms Development Agreement City Council – January 25, 2022 CC – 01/11/22 Approval of the Resolution in Support of the CDBG Grant and approval of the Interceptor Sewer PSA – Design Engineering. CC 2022-02 & 03 None Informational A verbal update will be given at the meeting. Bart Olson Administration Name 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 Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #3 Tracking Number CC 2022-06 Galena / Kennedy Intersection Improvements – Land Acquisition City Council – January 25, 2022 PW – 08/20/19 PW 2019-52 Majority Approval Approval Brad Sanderson Engineering Name Department Kendall County is proposing to improve the intersection of Galena and Kennedy Road. The improvement will consist of adding channelization (turn lanes) and a traffic signal. Currently, the County is in the land acquisition and private utility relocation phase of the project. Construction is expected to take place in 2023. As part of the land acquisition process, it was discovered that a small temporary easement would be necessary from City owned property. The property is located towards the west end of the improvement and on the south side of the road. It is noted as Parcel 1TE on the attached Plat of Highways. Staff is recommending that the City Council authorize the Mayor and City Clerk to execute the final documents upon review and approval of the City Attorney. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Jori Behland, City Clerk Date: January 19, 2022 Subject: Galena / Kennedy Intersection Improvements IRON PIPE OR ROD FOUND "MAG" NAIL SET STAKING OF PROPOSED RIGHT OF WAY.SET DIVISION OF HIGHWAYS SURVEY STAKING OF PROPOSED RIGHT OF WAY IN CULTIVATED AREAS. RIGHT OF WAY STAKING PROPOSED TO BE SET SURVEYORS REGISTRATION NUMBER. MARKER POSITION IDENTIFIED BY COLORED PLASTIC CAP BEARING BURIED 5/8 INCH METAL ROD 20 INCHES BELOW GROUND TO MARK FUTURE SURVEY DATA AND SURVEYORS REGISTRATION NUMBER. MARKER TO MONUMENT THE POSITION SHOWN. IDENTIFIED BY INSCRIPTION CUT CROSS FOUND OR SET 5 / 8" REBAR SET PERMANENT SURVEY MARKER, I.D.O.T. STANDARD 667101.02 (TO BE SET BY OTHERS) STATE OF ILLINOIS PLAT OF HIGHWAYS MEASURED DIMENSION COMPUTED DIMENSION CORNER SECTION CORNER SECTION QUARTER SECTION / QUARTER SECTION LINE RECORDED DIMENSION EXISTING BUILDING LEGEND OWNER ACQUIRED BY PROPERTY NUMBER PARCEL NUMBER SHEET 2 2 BUREAU DEKALB GRUNDY LASALLE KENDALL LIVINGSTON KANKAKEE FORD IROQUOIS LOCATION OF SECTION: - 1 EXISTING RIGHT OF WAY LINE PROPOSED RIGHT OF WAY LINE APPARENT PROPERTY LINE PLATTED LOT LINES PROPERTY (DEED) LINE PROPOSED CENTERLINE INDEX NUMBER PARCEL COVER SHEET 129.32' (COMP) 129.32' (129.32') RECORDED AS DOCUMENT NUMBER _____________ LOCATION MAP NOT TO SCALET. 37 N.2 (GALENA ROAD) COUNTY HIGHWAY 9 KENDALL COUNTY . R. 7 E PROJECT LOCATION KENDALL COUNTY HIGHWAY DEPARTMENT02-10-400-004 PARCEL 2 02-11-301-001 PARCEL 3 02-11-301-002 PARCEL 4 02-11-300-029 2 PARCEL 5 02-11-300-007 2 PARCEL 6 2 PARCEL 7 02-10-400-001 2 02-11-300-012 02-10-400-002 THE UNITED CITY OF YORKVILLE PETER JENSEN & NANCIANNE JENSEN FRANCISCO RAMIREZ AND GLORIA RAMIREZ A GEORGIA CORPORATION FOUNDATION CAPITAL RESOURCES INC., CRAIG S. ZIMMERMAN & DIANE K. ZIMMERMAN CLARENCE WILLIAM WHITE & LINDA E. WHITE FBO BRITTANY KRAUSE DATED DECEMBER 10, 2001 CRAIG JAY KRAUSE, TRUSTEE OF THE TRUST AGREEMENT 02-10-400-010 2KENDALL COUNTY FOREST PRESERVE DISTRICTPARCEL 8TE PARCEL 1TE SHEET 1 OF 3 SHEETS M T N E RPL 16 15 9 10 16 15 APL PL 3 Engineering Enterprises, Inc. CONSULTING ENGINEERS 630.466.6700 / www.eeiweb.com Sugar Grove, Illinois 60554 52 Wheeler Road 2 3 5 7 8 9 10 11 12 13 14 15 16 17 18 20 19 24 SECTION COUNTY ILLINOIS TOTAL SHEETS SHEET NO.RTE. PLOT SCALE = PLOT DATE =8/3/2021 DATE DESIGNED CHECKED DRAWN REVISED REVISED REVISED REVISED OF SHEETS STA.TO STA. - - - - - - - - POH Sheet 2H:\SDSKProj\KE_Kendall County\2020\KE2002\Dgn Survey\KE2002 Plat of Highway.dgnFILE NAME:MODEL:F.A.P SHEET 2 PLAT OF HIGHWAYS RECORDED AS DOCUMENT NO.____________________________________ - CEP MGS1" = 60' BY SURVEYOR 035-003678 LAND R IE.P ETOS NRE HCSTA T OF IL OIS ELINSSUGAR GROVE DATED SURVEYOR'S STATEMENT (NOT SURVEYED) TOTAL HOLDING AREA TAKEN FROM TAX ASSESSOR COMBINED FACTOR = 0.99994921 ALL AREAS ARE BASED ON GROUND MEASUREMENTS COORDINATE SYSTEM, (GRID) EAST ZONE, (NAD-83, 2011 ADJ.). ARE REFERENCED TO THE ILLINOIS STATE PLANE NOTE: GRID BEARINGS, DISTANCES AND COORDINATES SHOWN HEREON LAND SURVEYOR NO. 35-3678 (EXPIRES NOV. 2022) CHRIS E. PETERSON, ILLINOIS PROFESSIONAL STANDARDS FOR A BOUNDARY SURVEY. SERVICE CONFORMS TO THE CURRENT ILLINOIS MINIMUM TO ENABLE THE SURVEY TO BE RETRACED. THIS PROFESSIONAL OCCUPY THE POSITION SHOWN THEREON, AND ARE SUFFICIENT ALL MONUMENTS AND MARKS ARE OF THE CHARACTER AND AS SHOWN TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT MY DIRECTION, AND THAT THE SURVEY IS TRUE AND COMPLETE THAT THE SURVEY OF GALENA ROAD WAS MADE BY ME OR UNDER PROFESSIONAL LAND SURVEYOR OF THE STATE OF ILLINOIS, I, CHRIS E. PETERSON, HEREBY CERTIFY THAT I AM A KENDALL COUNTY HIGHWAY DEPARTMENT 00 00 COUNTY HWY 9 (GALENA ROAD) -KENDALL - 07-28-2021 0 60 120 180 SCALE IN FEET 1 6 21 22 23 25 26 27 4 PT#PT#STATION/OFFSET 1 2 3 5 6 7 8 9 10 4 109+02.76, 35.16' RT 108+51.29, 86.10' RT 108+60.45, 156.19' RT 108+31.87, 366.96' RT 108+94.85, 409.79' RT 11 12 13 14 15 16 17 18 19 20 117+90.69, 56.13' LT 116+56.01, 54.57' LT 113+67.24, 54.49' LT 109+77.35, 64.80' LT 109+72.08, 54.74' LT 109+59.43, 127.04' RT 110+43.37, 60.34' RT 113+67.25, 60.51' RT 116+57.44, 60.42' RT 119+18.56, 57.83' RT 21 22 23 24 25 26 27 107+80.50, 65.12' LT 106+62.72, 65.26' LT 106+62.69, 40.26' LT 104+94.85, 40.47' LT 101+17.18, 40.93' LT 101+20.16, 50.86' LT 100+00.16, 51.01' LT STATION/OFFSETPT#STATION/OFFSETPT# ALIGNMENT 99+98.91, 43.99' RT SCALE: 1"=60'3 3 2 108+24.98, 60.95' RT 107+20.69, 59.86' RT 104+33.75, 59.52' RT 104+38.22, 44.59' RT N00°59'25"W 42.22' CH. BRG. = N67°26'50"E RADIUS = 1081.00' L = 185.66' CHORD = 185.44' S01°00'00"E 11.24' CH. BRG. = N52°54'12"E RADIUS = 1090.90' L = 376.41' CHORD = 374.55' N43°01'07"E 289.43' CH. BRG. = N44°01'41"E RADIUS = 3874.70' L = 136.56' CHORD = 136.55' CH. BRG. = N44°11'21"E RADIUS = 3854.50' L = 157.53' CHORD = 157.52' S43°01'07"W289.42' CH. BRG. = S53°09'23"W RADIUS = 1110.84' L = 393.11' CHORD = 391.06' CH. BRG. = N44°46'10"E RADIUS = 3784.50' L = 231.32' CHORD = 231.29' CH. BRG. = S44°59'02"W RADIUS = 3759.70' L = 257.93' CHORD = 257.88' S43°01'07"WN43°01'07"E CH. BRG. = S51°07'02"W RADIUS = 1205.90' L = 340.90' CHORD = 339.77' CH. BRG. = S24°57'04"W L = 119.61' CHORD = 112.60'S09°18'49"ES88°59'14"W S08°49'33"ECH. BRG. = N68°40'24"W L = 40.79' CHORD = 37.72'N09°21'52"WN81°44 '08"W 61.54 'MILL ROAD GALENA ROAD KENNEDY ROAD(215.40')(281.94')PLPLPLPLPLPL PL PL PL PL PL PL PL PLPL PL SEE TOTAL HOLDING SHEET SEE TOTAL HOLDING SHEET SEE TOTAL HOLDING SHEET DOC# 872774 REC. MAY 12, 1987 AS W AGNER SUBDIVISION 25' 30' N72°22'26"E 52.30' N72°22'26"E N01°00'46"W 26.02' S01°00'46"E 10.44' CH. BRG. = N67°49'52"E RADIUS = 1110.84' CHORD = 175.72' L = 175.91' PROPOSED RIGHT-OF-WAY LINE PROPOSED RIGHT-OF-WAY LINE PROPOSED RIGHT-OF-WAY LINE PROPOSED RIGHT-OF-WAY LINE A CH. BRG. = N69°18'28"E L = 126.12' CHORD = 126.07' S01°00'46"E 26.02' LOT 14 DOC# 143248 REC. NOV. 4, 1963 AS STORYBOOK HIGHLANDS LOT 2 LOT 1 LOT 3 B HOUSE HOUSE HOUSE HOUSE HOUSE GARAGE BARNGARAGEGARAGE BARN BARN BARN BARN BARN DRIVEWAY GRAVEL DRIVEWAY ASPHALT DRIVEWAY ASPHALT DRIVEWAY ASPHALT DRIVEWAY ASPHALT AND AS MONUMENTED DESCRIBED IN DOCUMENT 201100001140 CENTERLINE OF MILL ROAD AS NORTH LINE OF MILL ROAD AS OCCUPIED SOUTH LINE OF MILL ROAD AS OCCUPIED RIGHT-OF-WAY LINE PROPOSED PARCEL 3 PARCEL 4 PARCEL 5 PARCEL 6 PARCEL 7 PL PL PL PLPL N81°44 '08"W (1662 .51 ') S43°33'16"W952.39'(952.41')(301.00')N88°13'14"E 97.92' S64°49'36"W 396.68'S00°59'25"E(1041.00')N00°59'25"W66.03'N87°52'57"E 417.13' 863.05' S80°34'51"W69.24'N01°00'00"W37.44'N89°00'56"E S00°59'25"ES01°00'00"E(294.44')(439.0')(370.13')P.O.B. PARCEL 7 P.O.B. PARCEL 5 P.O.B. PARCEL 4 DOC# 115187 REC. MAY 8, 1956 AS PURCELL'S FIRST SUBDIVISION (255.73')C C CH. BRG. = S68°13'00"W L = 163.30' CHORD = 163.13' RADIUS = 1145.84' S72°17'58"W 299.08' P.O.C. PARCEL 7 P.O.C. PARCEL 6 P.O.C. PARCEL 5 P.O.C. PARCEL 4 PURCELL'S FIRST SUBDIVISION SOUTHWEST CORNER OF 98.39'30.57'S00°59'25"E 11.65' DOC# 872774 IN SLOT 363B ROW DEDICATION PER DOC# 872774 IN SLOT 363BROW DEDICATION PERP.O.B. PARCEL 6 SE CORNER LOT 2 P.O.B. PARCEL 3 (275.0')(517.26')(437.85') 102 103 104 105+00 106 107 PC S ta 1 0 7 + 7 9 . 4 9 108 109 110+00 111 112 113PT Sta 113+68.33 114 115+00 116PC Sta 1 1 6 +0 3. 4 6 117 118PT St a 118+74.18 119 207 208 209 210+00 211P OT Sta 211+90.37 A B PLHOLDING SHEET SEE TOTAL 73.64' N87°52'57"E RADIUS = 100.00' 72.18'PARCEL 1TE P.O.B. PARCEL 2 P.O.B. PARCEL 1TE70.00' IN BOOK 111 PAGE 23 REC. MARCH 22, 1951 DEDICATION OF ROW 286.95' HIGHLANDS UNIT 1 SOUTH LINE STORYBOOK IN BOOK 111 PAGE 19 REC. MAY 16, 1951 DEDICATION OF ROW IN BOOK 111 PAGE 19 REC. MAY 16, 1951 DEDICATION OF ROW 70.00'PLIN BOOK 111 PAGE 19 REC. MAY 16, 1951 DEDICATION OF ROW IN BOOK 111 PAGE 19 REC. MAY 16, 1951 DEDICATION OF ROW PARCEL 1TE PARCEL 2 PARCEL 3 = 2.833 AC +/- REMAINDER = 0.164 AC +/- (7,156 SF)R.O.W. REQUIRED = 2.997 AC +/-TOTAL HOLDING PARCEL 4 = 47.065 AC +/- REMAINDER = 0.849 AC +/-PREV. DEDICATED/USED = 1.626 AC +/- (70,848 SF)TOTAL R.O.W. REQUIRED = 48.691 AC +/- TOTAL HOLDING PARCEL 5 = 13.810 AC +/- REMAINDER = 0.816 AC +/-PREV. DEDICATED/USED = 1.220 AC +/- (53,162 SF)TOTAL R.O.W. REQUIRED = 15.030 AC +/- TOTAL HOLDING PARCEL 6 PARCEL 7 41.91'85.83'93.88' 5.11'342.60' RADIUS = 1180.84' 289.43'289.42'293.65'301.08' 3 T. 37 N., R. 7 E., 3RD P.M. SOUTHWEST 1/4 OF SEC. 11, T. 37 N., R. 7 E., 3RD P.M. SOUTHEAST 1/4 OF SEC. 10, Engineering Enterprises, Inc. CONSULTING ENGINEERS 630.466.6700 / www.eeiweb.com Sugar Grove, Illinois 60554 52 Wheeler Road PI STA. = 110+80.52 R = 1,150.00' T = 301.03' L = 588.84' E = 38.75' P.C. STA. = 107+79.49 P.T. STA. = 113+68.33 PI STA. = 117+38.87 R = 4,000.00' T = 135.41' L = 270.73' E = 2.29' S.E. RUN = _____ P.C. STA. = 116+03.46 P.T. STA. = 118+74.18 PARCEL 8TE HOLDING SHEET SEE TOTAL PER DOC# 201800004814 EXISTING ROW EASEMENT PL N72°22'26"E N17°37'34"W 15.00' 120.00' S72°22'26"W115.52' IN BOOK 111 PAGE 21 REC. MARCH 22, 1951 DEDICATION OF ROW S00°59'25"E 15.66' TEMP EASEMENT PROPOSED P.O.B. PARCEL 8TE 5.29' N72°22'26"E 377.67' S72°22'26"W439.25' N16°59'17"W 10.00' N72°22'26"E 442.12' S72°22'26"W286.95' TEMP EASEMENT PROPOSED PARCEL 2 S72°22'26"W106.68'77.20'N2 9°4 3'14"W7 0.8 2'N11°34'01"W213.66' N72°22'26"E 167.84' N17°37'34"W 25.00' N72°22'26"E 100.00' 117.73' 115.00'PARCEL 8TE = 36.052 AC +/- REMAINDER = 0.101 AC +/- (4,407 SF)TEMP. EASEMENT = 36.052 AC +/-TOTAL HOLDING = 1.147 AC +/- REMAINDER = 0.231 AC +/- (10,081 SF)R.O.W. REQUIRED = 1.378 AC +/-TOTAL HOLDING = 2.511 AC +/- (16,249 SF) REMAINDER = 0.373 AC +/-PREV. DEDICATED/USED = 0.599 AC +/- (26,080 SF)TOTAL R.O.W. REQUIRED = 3.110 AC +/- TOTAL HOLDING = 8.667 AC +/- REMAINDER = 0.279 AC +/- (12,141)PREV. DEDICATED/USED = 0.323 AC +/- (14,055 SF)TOTAL R.O.W. REQUIRED = 8.990 AC +/- TOTAL HOLDING = 20.580 AC +/-REMAINDER = 0.041 AC +/- (1,766 SF)TEMP. EASEMENT = 20.580 AC +/-TOTAL HOLDING 100 RADIUS = 30.00' 60.74'PROP. CURVE #1 PROP. CURVE #2 CURVE #1 CURVE #2 FOR REVIEW SECTION COUNTY ILLINOIS TOTAL SHEETS SHEET NO.RTE. PLOT SCALE = PLOT DATE =7/29/2021 DATE DESIGNED CHECKED DRAWN REVISED REVISED REVISED REVISED OF SHEETS - - - - - - - - POH Sheet 3H:\SDSKProj\KE_Kendall County\2020\KE2002\Dgn Survey\KE2002 Plat of Highway.dgnFILE NAME:MODEL:F.A.P SHEET PLAT OF HIGHWAYS RECORDED AS DOCUMENT NO.____________________________________ - CEP MGS KENDALL COUNTY HIGHWAY DEPARTMENT COUNTY HWY 9 (GALENA ROAD) -KENDALL - 0 180 360 540 SCALE IN FEET 1" = 180' 426 .40 N81°44 '08"W 3 3 3 3SCALE: 1"=180'03-17-2021 MILL ROAD GALENA ROAD KENNEDY ROADPLPLPL PL T. 37 N., R. 7 E., 3RD P.M. SOUTHWEST 1/4 OF SEC. 11, 3 Engineering Enterprises, Inc. CONSULTING ENGINEERS 630.466.6700 / www.eeiweb.com Sugar Grove, Illinois 60554 52 Wheeler Road A.P.L. A.P.L. A.P.L. A.P.L. A.P.L.A.P.L.(1662 .51 ') PL(301.00')(952.41') STORYBOOK HIGHLANDS UNIT 2 STORYBOOK HIGHLANDS (1008.94') (420.45')(1332.31')LOT 1 LOT 2 LOT 3 PL PLPLPL PLPL PL PL PLPL PLPLPARCEL 3 PARCEL 2 PARCEL 4 PARCEL 5 PARCEL 6 PARCEL 7 PL PL PL PLPLPLPL(1041.00')(370.13')(439.0')(294.44')396.68'PLPLPL PL PL PL T. 37 N., R. 7 E., 3RD P.M. SOUTEAST 1/4 OF SEC. 10, WAGNER SUBDIVISION PURCELL'S FIRST SUBDIVISION STEVEN G. BRIDGE PARK B LA CK B ER RY C R E EK PL PL (396.76')(305.30')(658.20')(511.59')(417.24') (863.07') (69.19')(636.3')(239')(502.2')(393.33')(129.8')PL(66')(1248.6')(342.33')PLPLPL PARCEL 1TE PL PL PLPL PLPL PL PL PARCEL 8TE Route: County Highway 9 (Galena Road) Section: County: Kendall Parcel: 1TE Station: 99+98.91 to 104+38.16 Owner: The United City of Yorkville P.I.N: 02-10-400-004 That part of the Southeast Quarter of Section 10, Township 37 North, Range 7 East of the Third Principal Meridian, bearings and distances based on the Illinois State Plane Coordinate System, East Zone, NAD 83 (2011 adjustment), with a combined factor of 0.99994921, described as follows: Beginning at the northwest corner of Lot 1 in Wagner Subdivision recorded May 12th 1987, as document 872774; thence South 01 degrees 00 minutes 46 seconds East, along the west line of said Lot 1, a distance of 10.44 feet; thence South 72 degrees 22 minutes 26 seconds West, 439.25 feet to the east line of an existing roadway easement recorded April 11, 2018 as Document Number 201800004814; thence North 16 degrees 59 minutes 17 seconds West, 10.00 feet to the south line of Galena Road, according to the Dedication recorded March 22, 1951 in book 111 page 23; thence North 72 degrees 22 minutes 26 seconds East, along said south line, 442.12 feet to the Point of Beginning. Said parcel contains 0.101 acres, more or less 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 Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #4 Tracking Number CC 2022-07 Appointment of Freedom of Information Officer – Katelyn Gregory City Council – January 25, 2022 Majority Approval Appointment of the City’s Administrative Assistant, Katelyn Gregory, as a FOIA Officer. Bart Olson Administration Name 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: See attached memo. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Economic Development Committee #1 Tracking Number EDC 2021-43 Kendallwood Estates Development Agreement – Rally Homes City Council – January 25, 2022 CC – 01/11/22 First reading – Moved forward to CC agenda. EDC 2021-43 Majority Approval A proposed new development agreement for the former Kendallwood Estates residential subdivision with Rally Homes. Krysti J. Barksdale-Noble Community Development Name Department 1 Request Summary: An application has been filed with the City of Yorkville by Anthony Montalbano on behalf of Rally Homes, LLC, the successor owner/developer of the Kendallwood Estates subdivision, seeking to enter into a new development agreement for the property to address the timing of the required watermain extension, location of the watermain and the reduction of the land cash fee. The proposed new agreement would allow limited home construction prior to looping the watermain system, relocate the watermain out of the state’s right-of way, and reduce the land cash value for an improved acre from $101,000 to $55,000. Development Background: The Kendallwood Estates property was annexed into the City in 1978 with R-2 Single Family Residence zoning. The development plan approved 83 single- family lots on approximately 50-acres of land just south of Van Emmon Road and east of Route 47 in downtown Yorkville. The Final Subdivision Plat for Kendallwood Estates was approved by the City Council and recorded in December 2007 with a portion of the development included in the 2006 Downtown Yorkville Tax Increment Finance (TIF) Redevelopment Project and Plan area. Currently, the development has lots located within both Downtown TIF #1 and #2. Although infrastructure such as streets, stormwater management basins, water mains and other utilities were subsequently constructed in this development, no homes were ever built. In 2009, a successor owner purchased the property and sought to rezone it from R-2 to a planned unit development (PUD) for a mix of single family detached and duplex units. The request was considered by the city’s various committees but failed to move forward to final approval. The property was eventually foreclosed upon by Castle Bank and sat undeveloped until it was purchased in 2012 by Imperial Investments. Memorandum To: City Council From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: January 4, 2022 Subject: Kendallwood Estates– Development Agreement Proposed Agreement for Certain Site Improvements & Fee Reduction Woodstone Development 2 Imperial Investments was granted approval by the City in November 2012 to significantly reduce the nearly $2.05M letter of credit securing the development to cover only existing infrastructure. This was on the condition that no site work or construction is allowed until full replacement of security is received by the City. A large portion of the letter of credit (approx. $500K) was for the future extension and connection of water line along IL Route 126 to complete the system’s loop within the develop. The 2012 supplemental agreement removed the security for this work item, since it had not begun, and reduced the letter of credit to approximately $340,000 which covered the existing sanitary sewer, storm water, water main, offsite water and storm sewers, and retaining walls. Since the acquisition of Kendallwood Estates by Imperial Investments, several local and national homebuilders have shown interest in building out the development, but the expense of the required watermain extension was cited as a reason for not moving ahead. Recently, Rally Homes, LLC, closed on the development after engaging the city in various development discussions. They have submitted a new letter of credit in the amount of $2,225,499.00 which reflects the current engineer’s estimate for the cost of all required public improvements to complete development. Current Development/Easement Agreements: The current development agreement, approved September 26, 2006 via Ord. 2006-118, allowed for the construction of eighty-three (83) single family lots and conditioned the final plat approval on the developer constructing an access road from the subject property to Illinois Route 126 prior to the issuance of final occupancy permits for homes built. The access road was to connect through an approximately 12- acre intervening adjacent parcel, just south of the Kendallwood Estates development, owned then by Woodstone Development. This access road was to function as a secondary ingress/egress access point for emergency and first responders. Although the easement for the access road to Illinois Route 126 was never obtained by the prior developer, the subject property does have a recorded parcel that connects to Illinois Route 126 which can be used to provide suitable secondary emergency access. Subsequent to the development agreement, a grant of easement was approved by the City related to the Kendallwood Estates development in November 2007. The Easement Agreement for Watermain Construction and Emergency Access (Recoded as Doc.#200800003621), granted by Yorkville 126, LLC (Woodstone Development), allowed for the construction and maintenance of a 12” and 8” watermain within a permanent utility easement on the Woodstone property. While the easement runs in perpetuity on Woodstone Property, this easement is currently located in an area proposed for future widening by the Illinois Department of Transportation. Proposed Amendment to Development Agreement: The successor owner of the Kendallwood Estates property, Rally Homes, proposes to keep with the originally approved land plan for the subdivision. They propose to also adhere to the approved landscape plan which included a tree preservation and woodland restoration plan to maintain the wooded character of the area. As proposed, Rally Homes intends to buildout the 83 lots with single-family dwellings offering seven (7) different home plans and three (3) distinct elevations for each plan. The homes will range in size from 2,000 square foot ranches to 3,950 square foot two-story homes. Rally Homes, who also developed the Longford Lakes townhome community in Yorkville, proposes to construct two (2) fully furnished models for display. Therefore, the developer seeks the following approvals by the City in order to successfully restart the former Kendallwood Estates development as the rebranded “Timber Ridge Estates” development: 1. Off Site Watermain Improvements – The original development agreement required the construction and installation of the following off site watermain improvements: 3 a. An 8” high pressure water line that serves 62 lots (Lots 3 – 64) and a 12” low pressure water line that serves 21 lots (Lots 65-83, and Lots 1-2). b. These water lines were to be extended along Illinois Route 126 with the 8” water line to run under Illinois Route 126 and terminate on the east side of Deer Street. The 12” water line was to extend to the west side of Mill Street to complete the system’s loop. c. The extension of both watermains along Illinois Route 126 and into the subject property required easement acquisition from the owner of the property immediately south of Kendallwood Estates known as the Woodstone development. d. The current location of the acquired easement along Illinois Route 126 on the Woodstone development parcel is within the area Illinois Department of Transportation (IDOT) proposes as future State right-of-way (refer to attached “Conceptual Off-Site Watermain Along Illinois Route 126 prepared by HR Green dated 09/29/21). Therefore, the developer proposes to create a single 12” high pressure water line and relocate it along Illinois Route 126 outside of the future IDOT right-of-way by purchasing additional easement area owned by Grace Community Church (successor owner of Woodstone Development). The developer will also install a pressure reducing valve station to serve the lower pressure areas. Rally Homes will purchase and construct the watermain extension and deed the easement and watermain over to the City for future maintenance. In exchange for the purchase of the additional easement from Grace Community, it is proposed the City would grant one (1) free utility connection at such time the property is developed. 2. Construction Prior to Watermain Connection – Rally Homes has indicated they would like to move forward with the construction, sale, and occupancy of homes within the development during the time the additional easement is being acquired and watermain extension constructed. Although it is the City’s policy not to allow occupancy of residential structures that are not connected to a looped water system, staff has reviewed and recommended the following solution: The developer proposes to construct and receive final occupancy for up to 43 home sites located on lots identified on the attached Kendallwood Estates Fire Flow map prepared by EEI dated August 2021, prior to the looping of the water main system. However, the completion of the water main extension along Illinois Route 126 and looping of system, as approved by the City Engineer and Public Works Director, must occur no later than May 31, 2024. 3. Reduction of Land Cash Valuation – It should be noted that many of the City’s standard impact fees are not applicable to the development since it was annexed prior to the adoption of those fees. Although this is a significant development advantage for this property, the current land cash valuation of $101,000/improved acre is not in line with current market rates. a. The current total land cash fee per dwelling unit in Kendallwood Estates based upon a $101,000/improved acre is $3,787.50 for parks and $6,035.36 for schools, totaling $9,822.86 per dwelling unit paid at time of building permit issuance. b. A recent land valuation for an improved acre of land in Yorkville was assessed at $55,000. That represents a nearly 55% valuation reduction. Therefore, the developer proposes to reduce the land cash assessed value from $101,000/improved acre to $55,000/improved acre. This would result in a park land cash fee of $2,062.94 per dwelling unit and $3,286.58 school land cash fee per dwelling unit, totaling $5,349.52 per dwelling unit. All fees are proposed to be collected at time of building permit issuance. 4 4. Term – The proposed development agreement fee lock on land cash valuation will terminate either with the final building permit issued within the newly renamed Timber Ridge Estates or no later than five (5) years from the date of the agreement’s approval, whichever is sooner. Staff Comments: Staff is supportive of the proposed Development Agreement Amendment as it advances the provisions of the original development plan, ensures the completion of the public infrastructure improvements, and the ultimate build-out of the stalled development. Since this request is for a development agreement, a public hearing is not required. The City Attorney has prepared the attached draft development agreement and approving ordinance for your consideration. Staff and the petitioner will be available at the City Council meeting to answer any questions. Attachments: 1. Draft Approving Ordinance 2. Draft Development Agreement 3. Petitioner’s Application 4. Ordinance 2006-118 5. Grant of Easement Agreement for Watermain Construction and Emergency Access 6. Conceptual Off-Site Watermain Along Illinois Route 126 prepared by HR Green dated 09/29/21 7. Kendallwood Estates Fire Flow map prepared by EEI dated August 2021 8. Appraisal of Improved Acre of Land in Yorkville 9. Proposed Timber Ridge Estates Fee Sheet Ordinance No. 2022-______ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND RALLY HOMES, L.L.C. 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 Developer has acquired approximately fifty (50) acres located in the City at Van Emmon Road and Benjamin Street, commonly known as “Kendallwood Estates” legally described on Exhibit A attached hereto (the “Subject Property”) and has presented an application for a Development Agreement dated September 9, 2021 (the “Application”) to the City to develop the Subject Property in accordance with the 2006 approved Final Subdivision Plat and Development Agreement providing for the construction of eighty-three (83) single family homes utilizing existing streets, storm water management basins, water mains, and utilities (the “Development”); and WHEREAS, the Developer is in the business of land and home construction and desires to complete the development of the Property but cannot economically do so unless the City and the Developer agree to certain conditions and covenants regarding certain fees and infrastructure improvements; and WHEREAS, the Mayor and City Council of the City (the “Corporate Authorities”) have reviewed Developer’s proposals and have concluded that the completion of the Subject Property would substantially benefit the City by enhancing the tax base of the City and the other taxing districts, and add to the wealth and prosperity of the City and its citizens; and, Ordinance No. 2022-____ Page 1 Ordinance No. 2022-____ Page 2 WHEREAS, pursuant to applicable provisions of the Illinois Municipal Code, including specifically, but without limitation Sec. 8-1-2.5 thereof (the “Act”), the Corporate Authorities are empowered to “appropriate and expend funds for economic development purposes, including, without limitation, the making of grants to any other governmental entity or commercial enterprise that are deemed necessary or desirable for the promotion of economic development within the municipality”. 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 the recitals in the preambles to this Ordinance are incorporated into this Section 1 as if fully set forth herein. Section 2. That the Development Agreement Between the United City of Yorkville and Rally Homes, LLC, 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 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. 2022. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ JASON PETERSON _________ Ordinance No. 2022-____ Page 3 APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2022. ______________________________ MAYOR Attest: ______________________________ CITY CLERK DEVELOPMENT AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND RALLY HOMES, LLC THIS DEVELOPMENT AGREEMENT (hereafter “Agreement”) is made and entered into this _____ day of January, 2022 (hereafter “Effective Date”) by and between the United City of Yorkville, Kendall County, Illinois (the “City”) and Rally Homes, LLC, an Illinois Limited Liability Company (the “Developer”), which parties are hereafter sometimes collectively referred to as the “Parties” and individually as a “Party”. ARTICLE I: RECITALS 1.1 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 with authority to promote the health and welfare of its inhabitants, to encourage private Development in order to enhance the local tax base, to increase job opportunities and to enter into contractual agreements with third parties for the purpose of achieving these goals. 1.2 The Developer has acquired approximately fifty (50) acres located in the City at Van Emmon Road and Benjamin Street , commonly known as “Kendallwood Estates” legally described on Exhibit A attached hereto (the “Subject Property”) and has presented an application for a Development Agreement dated September 9, 2021 (the “Application”) to the City to develop the Subject Property in accordance with the 2006 approved Final Subdivision Plat and Development Agreement providing for the construction of eighty-three (83) single family homes utilizing existing streets, storm water management basins, water mains, and utilities(the “Development”). 1.3 The City has reviewed the proposal as set forth in the Application which proposal conforms to all of the requirements of the R-2 Single Family Zoning District in which it is located, and also adheres to the approved landscape plan which included tree preservation and woodland restoration to maintain the wooded character of the general area; however, the Developer included a request to the City for certain changes from the prior approved Development plan as follows: (a) Instead of constructing two water lines each serving a section of the Development, the Developer plans to construct a twelve inch (12”) high pressure water line to be located along Illinois Route 126 which shall require the Developer to acquire an easement upon the adjoining property to the south of the Subject Property and immediately north of Illinois Route 126; and the installation of a pressure reducing valve station to serve lower pressure areas of the Subject Property; which a water main extension shall be sufficient to serve the Development. (b) That the Developer be permitted to construct, sell and obtain occupancy permits for up to forty-three (43) residential home sites as approved by the City Engineer provided that the completion of the entire required water main extension along Illinois Route 126 and the looping as approved by the City Engineer and the Director of the City’s Public Works Department for the entire Development be completed and operational on or before May 31, 2024. (c) To reduce the land cash assessed value from $101,000 per improved acre as determined as of the approval of the initial 2006 Development Agreement to $55,000 thereby reducing the park land cash fee to $2,062.94 per dwelling unit (previously $3,787.50 per dwelling unit) and $3,286.58 school land cash fee per dwelling unit (previously $6,035.36 per dwelling unit) with all fees to be collected at the time of issuance of a building permit. (d) That the name of the Development be changed from “Kendallwood Estates” to “Timber Ridge Estates”. ARTICLE 2: CITY’S RESPONSE The City has reviewed the Developer’s requested changes from the original Development Agreement of 2006 and is prepared to agree to the Developer’s requests subject to the terms and conditions hereinafter stated in Article 3. ARTICLE 3: MUTUAL AGREEMENTS OF THE CITY AND THE DEVELOPER 3.1 The City and the Developer hereby agree that the Developer may proceed with the construction of eighty-three (83) single family homes pursuant to the approved 2006 final subdivision Plat. 3.2 The Developer agrees to adhere to the approved landscape plan dated August 14, 2007 which includes tree preservation and woodland restoration in order to maintain the wooded character of the area. 3.3 The Developer and the City agree that the Developer may proceed to construct an offsite water main extension along Illinois Route 126 on the condition that an easement is acquired by the Developer from the successor property owner of the former “Woodstone” development on or before the construction of the forty fourth (44th) residence. 3.4 The City agrees that the Developer may construct and receive final occupancy limited to the home sites identified on the Kendallwood Estates fire flow map prepared by the City Engineer in August of 2021 attached hereto as Exhibit B. 3.5 The Developer agrees to complete construction of the water main extension along Illinois Route 126, install a pressure reducing valve station to serve the lower pressure areas and loop the system on or before May 31, 2024, it being understood that no permits for construction of home sites in addition to the forty-three (43) designated on the Kendallwood Estates fire flow map shall be issued until completion and acceptance of the entire water system serving the Development. 3.6 The City agrees to a reduction of the assessed land value from $101,000 to $55,000 and the reduced park land cash fee of $2,062.94 per dwelling until and $3,286.58 school land cash fee per dwelling unit, payable at the time of building permit issuance. 3.7 The City agrees to the future granting of one (1) free utility connection to the successor property owner of the former “Woodstone” development upon confirmation of the acquisition of an easement by Rally Homes, LLC and approved by the City Engineers along Illinois Route 126 for purposes of constructing, repair, replacing and maintaining the water main extension to the Development . 3.8 The Developer has provided a letter of credit in the amount of $2,225,499 based upon the City Engineer’s estimate of the cost of all public improvements requested to serve the Development which letter of credit shall remain in full force and effect without cancellation in the amount determined by the City Engineer at all times during the letter of this Agreement. ARTICLE 4: TERMS OF AGREEMENT This Agreement shall remain in full force and effect upon its approval and execution by both parties and shall continue until the fifth (5th) anniversary of said date. ARTICLE 5: ENFORCEMENT AND REMEDIES 5.1 Enforcement: Remedies. The City may enforce or compel the performance by the Developer of this Agreement, in law or in equity, by suit, action, mandamus, or any other proceeding, including specific performance. Notwithstanding the foregoing, the Developer agrees that it will not seek, and does not have the right to seek, to recover a judgement for monetary damages against the City or any elected or appointed officials, officers, employees, agents, representatives, engineers, consultants, or attorneys thereof, on account of the negotiation, execution, or breach of any of the terms and conditions of this Agreement. 5.2 Notice; Cure; Self-Help. In the event of a breach of this Agreement by the Developer, the City agrees that the Developer shall have thirty (30) days after notice of any breach delivered in accordance with Article 6 to correct the same prior to the pursuit of any remedy provided for in this Section 5; provided, however, that the 30-day period shall be extended, but only (i) if the alleged breach is not responsibly susceptible to being cured within the 30-day period, and (ii) if the Developer has promptly initiated the cure for the breach, and (iii) if the Developer diligently and continuously pursues the cure of the breach until its completion. If the Developer shall fail to perform any of its obligations under this Agreement, and if the City shall have given written notice of the default to the Developer, and if the Developer shall have failed to cure the default as provided in this Section 5.2, then, in addition to any and all other remedies that may be available either in law or equity, the City shall have the right (but not the obligation) to take any action as in its discretion and judgement shall be necessary to cure the default. In any event, the Developer hereby agrees to pay and reimburse the City for all costs and expenses reasonable incurred by it in connection with action taken to cure the default, including attorney’s fees and court costs. ARTICLE 6: TIME OF THE ESSENCE/FORCE MAJEURE Time is of the essence of this Agreement and of each and every provision of this Agreement. However, a Party shall not be deemed in material breach of this Agreement with respect to any obligations arising under this Agreement on such Party’s part to be performed if such Party fails to timely perform the same and such failure is due in whole or in part to any strike, lock-out, civil disorder, severe weather conditions, wet soil conditions, failure or interruptions of power, riots, insurrections, acts of terrorism, war, fuel shortages, accidents casualties, floods, earthquakes, fires, acts of God, epidemics, quarantine restrictions, freight embargoes, or similar causes beyond the reasonable control of such Party (“Force Majeure”). If one of the foregoing events occurs or either Party claims that such an event occurred, the Party to whom such claim is made shall investigate and consult with the Party making such claim, and the Party to whom such claim is made shall grant any extension for the performance of the unsatisfied obligation equal to the period of the delay, which period shall commence to run from the time of the commencement of the Force Majeure; provided that the failure of performance was reasonably caused by such Force Majeure. ARTICLE 7: SEVERABILITY If any section, subsection, term, or provision of this Agreement or the application thereof to any Party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of said section, subsection, term, or provision of this Agreement, or the application of same to parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. ARTICLE 8: NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be deemed delivered to the addressee thereof (a) when delivered in person on a business day at the address set forth below, or (b) on the third business day after being deposited in any main or branch United States post office, for delivery by properly addressed, postage prepaid, certified or registered mail, return receipt requested, at the address set forth below, or (c) by facsimile or email transmission, when transmitted to either the facsimile telephone number or email address set forth below, when actually received. Notices and communications to Developer shall be addressed to, and delivered at, the following addresses: To Developer: Rally Homes, LLC 1010 Jorie Blvd Oak Brook, Illinois 60523 Attn: Anthony Montalbano Phone: (630) 613-2710 Email: tmontalbano@rallyhomes.net Notices and communications to the City shall be addressed to and delivered at these addresses: To the City: Bart Olson City Administrator United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Phone: (630) 553-8537 Email: Bolson@yorkville.il.us With a copy to: Kathleen Field Orr City Attorney 2024 Hickory Road, Suite 205 Homewood, Illinois 60430 Phone: (312) 382-2113 Email: kfo@kfoassoc.com By notice complying with the requirements of this Article, each party shall have the right to change the address or addressee, or both, for all future notices and communications to such party, but no notice of a change of address or addressee shall be effective until actually received. ARTICLE 7: IN GENERAL 7.1 No modification, addition, deletion, revision, alteration, or other change to this Agreement shall be effective unless and until the change is reduced to writing and executed and delivered by the City and the Developer. No term or condition of this Agreement shall be deemed waived by any party unless the term or condition to be waived, the circumstances giving rise to the waiver and, where applicable, the conditions and limitations on the waiver are set forth specifically in a duty authorized and written waiver of such party. No waiver by any party of any term or condition of this Agreement shall be deemed or construed as a waiver of any other term or condition of this Agreement, nor shall waiver of any breach be deemed to constitute a waiver of any subsequent breach whether of the same or different provisions of this agreement. 7.2 The Developer acknowledges and agrees that (i) the City is not, and shall not be, in any way liable for any damages or injuries that may be sustained as the result of the City’s review and approval of any plans or improvements or as a result of the issuance of any approvals, permits, certificates, or acceptances for the Development or use of any portion of the Subject Property or the improvements and (ii) the City’s review and approval of any plans and the issuance of any approvals, permits, certificates, or acceptances does not, and shall not, in any way be deemed to insure the Developer, or any of its successors, assigns, tenants, or licensees, or any thirst part, against violations or damage or injury of any kind at any time. 7.3 No claim as a first party beneficiary under this Agreement by any person, firm or corporation shall be made, or be valid, against the City or the Developer. 7.4 This agreement shall constitute the entire agreement of the parties; all prior agreements between the Parties, whether written or oral, are merged into this Agreement and shall be of no force and effect. 7.5 This Agreement is to be executed in two or more counterparts, each of which shall be deemed an original but all of which shall constitute the same instrument. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below their respective signatures, to be effective as of the date first written above. UNITED CITY OF YORKVILLE, an Illinois municipal corporation Attest: By:__________________________ By:___________________________ Mayor City Clerk Date:_________________________ , 2022 RALLY HOMES, LLC, an Illinois Limited Liability Company By:__________________________ Date:_________________________, 2022 CONCEPTUAL OFF-SITE WATER MAIN ALONG ILLINOIS ROUTE 126 YORKVILLE, ILLINOIS 12" HIGH PRESSURE WATER MAIN EXTENSION WITH 12" PRV STATION KENDALLWOOD ESTATES SUBDIVISION ILLINOIS ROUTE 126 BENJ A M I N S T R E E T DEER STREETMILL STREET Utility Legend EXISTING CHURCH PARKING LOT FUTURE DEVELOPMENT COLONIAL PKWYProp. 12in Water Main (High Pressure) GRACE COMMUNITY CHURCH WOODEN BRIDGEROADN ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-( )- ()- ()- ()- ()- ()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-()-GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GF GFGF GF GF GF GF GF GF GF GF GF GFGF GF GF GFGF GF GF GF GF GF GF GFGF GF GF IllinoisRoute #126 E Van Emmon St VAN EMMON SCHOOLHOUSE WOODENBRIDGEBENJAMINRODAK BATORB U H R M A S TE R D EER DYDYNAOLSEN WASHINGTON ORANGE RIDGE WALTER FOX TOMASIKILLINI WOODLANDCopyright nearmap 2015 Legend Water Main UNKNOWN WATER MAIN Diameter 3" WATER MAIN AND SMALLER 4" WATER MAIN 6" WATER MAN 8" WATER MAIN 10" WATER MAIN 12" WATER MAIN 16" WATER MAIN GF HYDRANT WalshEngineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 KENDALLWOOD ESTATESFIRE FLOWLOCATION MAP www.eeiweb.com DATE: PROJECT NO.: FILE: PATH: BY: AUGUST 2021 YO2130 YO2130_ Kendall Wood Estates Fire Flow.MXD H:\GIS\PUBLIC\YORKVILLE\2021\ MJT United City of Yorkville800 Game Farm RoadYorkville, IL 60560630-553-4350 ³ 800 0 800400 Feet 29 LOTS W/ GREATER THAN 1000 GPM FIRE FLOW 14 LOTS W/ GREATER THAN 1500 GPM FIRE FLOW FEES PER UNIT A paid receipt from the School District Office, 602-A Center Parkway Yorkville, must be presented to the City prior to issuance of permit $3,000 Ordinance 2002-04 amended amount to $3,000 per unit Separate Yorkville-Bristol Sanitary District fee - made payable to Y.B.S.D.$1,400 United City of Yorkville Fees 1. Building Permit Cost $650 plus $0.20 per square foot $650 + $0.20(SF) Ordinance 2002-05 applies to any building activity 2. Water Connection Fees $5,554 Ordinance 2017-52 3. Water Meter Cost $550 Ordinance 1974-69 applies at time of installation 4. City Sewer Connection Fees $2,000 Ordinance 1996-11 applies at time of connection 5. Water and Sewer Inspection Fee $25 Resolution 1994-04 applies at time of building permit application 6. Public Walks/Driveway Inspection Fee $35 Ordinance 2003-67 applies at time of building permit application 7. Development Fees N/A 8. Land Cash Fees Apartment Townhome Duplex Single Family Park N / A N / A N / A $2,062.94 School N / A N / A N / A $3,286.58 Land-Cash Fees Total $0.00 $0.00 $0.00 $5,349.52 9. Road Contribution N/A 10. Weather Warning Siren Fee N/A $135 Policy attached to Resolution 2002-36 states the fee is required for all "future territory annexed" - the annexation was approved prior to 2002. Ordinance 1990-24 establishes fees to be negotiated at the time of annexation Proposed 5-Year Fee Lock 11. Plumbing Inspection Fee Timber Ridge Estates (former Kendallwood Estates) Note: Development Fees are not applicable due to property annexing prior to adoption of Ord. 1990-24 and subsequent amendments Note: Road Contribution is not applicable due to property annexing prior to adoption of Resolution 2006-87 Note: Weather Warning Siren Fee is not applicable due to property annexing prior to adoption of Resolution 02-36 Ordinance 2000-11 Section 4 states fee affects "any residential unit platted after the effective date of the original Ordinance assessing a school transition fee (Ord. 1993-24) Note: Land Cash Valuation is $55,000/improved acre per development agreement Policy attached to Resolution 2006-87 states the fee is required in all annexation agreements - the annexation agreement was approved in September 1978 and prior to this resolution. 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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 Safety Committee Report #1 Tracking Number PS 2021-25 Body Camera Program City Council – January 25, 2022 PS – 01/06/22 PS 2021-25 Supermajority (6 out of 9) Approval Public Act 101-0652, also known as the Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act, makes changes to the Law Enforcement Officer- Worn Body Camera Act (50 ILCS 706/10) to require all law enforcement agencies to implement the use of body cameras. James Jensen Chief of Police Name Department Moved forward to City Council agenda. Summary Consideration of the approval of a Master Customer Agreement with WatchGuard for a body cam system, as required by Public Act 101-0652, also known as the Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act. Background This item was last discussed by the Public Safety Committee at their November 2021 and January 2022 meeting. At that meeting, the committee reviewed the body camera requirements under Public Act 101-0652 also known as the Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act and unanimously recommended for approval a conceptual proposal of a body camera system with WatchGuard systems. The City must have a body camera system in place before January 1, 2025. While the prescribed timeline provides four (4) years for the mandatory implementation of such a program, it would be our desire to begin the implementation process of a Body Camera Program in February of 2022. We propose to enter into a Master Customer Agreement with WatchGuard Systems for the initial use/lease of 33 body worn cameras (V300 PAAS) and associated equipment as described below for a five-year total price of just under $150,000. The five-year breakdown of cost is as follows: Fiscal Year Annual Cost Year 1 (FY22) $43,831 Year 2 (FY23) $25,839 Year 3 (FY24) $25,839 Year 4 (FY25) $25,839 Year 5 (FY26) $25,839 Total Program Cost $147,187 Accordingly, we have attached a Master Customer Agreement with WatchGuard Systems for your consideration. The general contract terms and details are as follows: • This is a Master Customer Agreement with a use/lease/purchase option. At the end of the agreement the City maintains the right to all hardware and equipment. The City also maintains the right to all data/evidence in the format it was stored and will be returned to us in a usable format. • This is a five (5) year contract that is renewable at the end of the 5th year, (FY26). There is no option to extend the contract, and so a new contract would have to be considered at that time. • Flexible unit counts for equipment o Initially proposing 33 cameras and 33 extra batteries (two batteries per camera) o Additional body worn cameras can be purchased and added to our account for a cost of $49.00 per month. Memorandum To: City Council From: James Jensen, Police Chief CC: Date: January 25, 2022 Subject: Body Camera Program • Third year technology (hardware) refresh o Cameras and batteries get replaced, other hardware and software stays as is • No fault hardware warranty and replacement o When something breaks, WatchGuard replaces it within a reasonable amount of time. Truly no fault. • Management of on-site installation, training, configuration and consultation • Termination Clause: Either party has 30 days to opt out of the agreement upon receipt and implementation of the equipment. This is however a five (5) year agreement, after that first 30 days we are married to the contract. Our sales representative has assured us that Motorola is a very reputable, long established, and international company with a long history of customer service in public safety. Attorney Orr has reviewed the Master Customer Agreement and several issues have been brought back to WatchGuard. The issues raised are not detrimental to this program and would not change our recommendation for final approval of this contract. Given the fact that they are a very reputable organization, and that this equipment works with our in-car camera systems we are prepared to move forward with this contract. The Public Safety Committee reviewed product capabilities in depth, and a detailed presentation could be given to the rest of the City Council, if desired. If not, relevant product features include: 1. The product is branded as Command Central Evidence, which provides unlimited body camera video storage, records storage, redaction capabilities, sharing functions, community engagement capabilities and capture applications. 2. Judicial sharing capabilities which will save staff time and money. 3. Detailed audit logging allowing us to track all video activity. Implementation Process & Timeline If the City Council approves the purchasing/lease contract in the near future, the proposed implementation process and timeline is listed below. Specific dates are not provided for implementation as the time frame to receive the equipment is eight (8) to ten (10) weeks: Step #1: Sign Watchguard Master Agreement & Order Equipment Step #2: Review and finalize policy for distribution and staff sign-off (~two weeks) - Full policy details would not be reviewed by the City Council, but would generally be in line with the sample policy attached, including sections when cameras are to be used, when they are not to be used, how long records are kept, who has access to records, etc. Step #3: Policy training (sworn and civilian staff) (~two weeks) Step #4: Body Worn Camera Statute review and training (~ two weeks) Step #5: Prior to equipment being received we will work with WatchGuard Project Manager to outline the installation and training plan for use and care of equipment (~one week) Step #6: Go live (earliest possible date is early to mid-April) Recommendation Staff would recommend entering into a purchasing/lease contract with WatchGuard Systems for the lease of 33 body worn cameras (V300 PAAS) and associated equipment for a total price of $147,187.00. Currently, we have $50,000 budgeted for each year in FY22-26, and the FY 23 budget proposal will include the full contract value when it is released. If approved, staff will begin the process of implementing such a program as well as submitting for potential grant reimbursements through the Illinois Law Enforcement Training and Standards Board (ILETSB). Grant reimbursements are on a first come first serve basis and not guaranteed. Because this is a sole source purchase a super majority vote is required. Attachments Exhibit #1: Illinois Municipal League Officer-Worn Body Camera FACT Sheet Exhibit #2: Body Worn Camera “Sample” Policy Exhibit #3: Motorola Solutions Camera Quote Exhibit #4: WatchGuard Master Customer Agreement Exhibit #5: Command Central Brochure Exhibit #6: Motorola Notice to Purchase (NTP) Request Resolution No. 2022-____ Page 1 Resolution No. 2022-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING A MASTER CUSTOMER AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND WATCHGUARD VIDEO, INC. 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 this State; and, WHEREAS, pursuant to Public Act 101-0652, all municipal police agencies are required to provide body cameras for all enforcement personnel with deadlines based upon the population of the municipality; and, WHEREAS, based on the population of the City, the mandate to provide all of the City’s police officers with body cameras would be January 1, 2025; and, WHEREAS, notwithstanding the time afforded to the City to procure body cameras for its personnel, the Chief of Police recommends, the City proceed as soon as possible; and, WHEREAS, WatchGuard Video, Inc., has submitted a proposal for body cameras and ancillary software which equipment works in coordination with our current in-car camera systems; and, after thorough review of the system, the Chief is prepared to recommend proceeding with the Master Customer Agreement attached hereto and requests the City Council to waive public bidding in view of the compatibility of the equipment with our in-car camera system. 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 Mayor and City Council hereby waive public bidding pursuant to Section 1-7-3E(2) of the City Code due to the compatibility of the WatchGuard Video, Inc. equipment and our in-car cameras. Resolution No. 2022-____ Page 2 Section 2. That Master Customer Agreement by and between the United City of Yorkville, Kendall County, Illinois and WatchGuard Video Inc. in the form attached hereto is hereby approved and the Mayor and City Clerk are hereby authorized to execute and deliver said Agreement. Section 3. That this Resolution 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. 2022. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ JASON PETERSON _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2022. ______________________________ MAYOR Attest: ______________________________ CITY CLERK SAMPLE POLICY YORKVILLE POLICE DEPARTMENT Body Worn Cameras SUBJECT: Body Worn Cameras EFFECTIVE DATE: DISTRIBUTION: All Personnel Purpose: The Yorkville Police Department is committed to creating transparency, ensuring accountability, and enhancing public trust by effectively using body worn cameras (BWC). The BWC system is designed to record law enforcement activity to preserve evidence used in criminal investigations, administrative investigations, civil litigation, and disciplinary actions. The BWC system may also be used to identify training, tactical, and policy improvements. YPD employees will maintain and use the BWC system in accordance with the procedures outlined in this policy and department training. Policy: This policy provides guidelines for the use of body worn camera (BWC) devices by officers of this department while in the performance of their duties (50 ILCS 706/10-20). This policy does not apply to mobile audio/video recordings, interviews or interrogations conducted at any Yorkville Police Department facility, authorized undercover operations, wiretaps or eavesdropping (concealed listening devices). The department recognizes that the body worn camera will not capture exactly what the officer sees and hears, or what an officer senses or experiences. The recorded images do not provide the totality of the circumstances that drives the officer’s response to a particular situation. This policy will be comprised of the following sections: I. Definitions II. Officer Privacy Expectation III. Officer Responsibilities IV. Activation of the Body Worn Camera V. Cessation of Recording VI. Surreptitious Use of The Portable Recorder VII. Explosive Device VIII. Prohibited Use of Portable Recorders IX. Identification and Preservation of Recordings X. Review of Recorded Media Files XI. Body Worn Camera Coordinator XII. Retention Requirements for Body-Worn Camera Recordings XIII. Release of Audio/Video Recordings XIV. Accidental Recordings and Deletions XV. Supervisory Responsibilities XVI. Public Recording of Law Enforcement XVII. School Resource Officers XVIII. Detectives XIX. Training XX. Compliance XXI. Effective Date I. DEFINITIONS Officer-worn body camera or camera - An electronic camera system for creating, generating, sending, receiving, storing, displaying and processing audiovisual recordings that may be worn about the person of a law enforcement officer. SAMPLE POLICY Law enforcement-related encounter or activities - Activities in which the member is enforcing the law, including traffic or pedestrian stops, arrests, searches, interrogations, investigations, pursuits, crowd and traffic control, non-community caretaking interactions with an individual while on patrol, or any other instance in which the officer is enforcing the ordinances of the United City of Yorkville or the laws of the State of Illinois. It does not include tasks unrelated to the investigation of a crime such as participating in town halls or other community outreach; helping a child find his/her parents; providing death notifications; performing in-home or hospital well-being checks on the sick, elderly or persons presumed missing; or completing paperwork while alone or only in the presence of another law enforcement officer. II. OFFICER PRIVACY EXPECTATION All recordings made by officers on any department-issued device at any time, and any recording made while acting in an official capacity of this department, regardless of ownership of the device it was made on, shall remain the property of the Yorkville Police Department. Officers shall have no expectation of privacy or ownership interest in the content of these recordings. III. OFFICER RESPONSIBILITIES 1. Prior to going into service, each uniformed officer (assigned a body-worn camera) will be responsible for making sure that he/she is equipped with a body worn camera issued by this department, and that the body worn camera is in good working order. If the body worn camera is not in working order or the officer becomes aware of a malfunction at any time, the officer shall promptly report the failure to his/her supervisor and obtain a functioning device as soon as reasonably practicable pursuant to 50 ILCS 706/10-20(a)(10). 2. Uniformed officers should wear the body worn camera in a conspicuous manner or otherwise notify persons that they are being recorded. Pursuant to 50 ILCS 706/10-20(a)(5), the officer must provide notice of recording to any person if the person has a reasonable expectation of privacy and proof of notice must be evident in the recording. If exigent circumstances exist which prevent the officer from providing notice, notice must be provided as soon as practicable. 3. Any officer assigned to a non-uniformed position may carry an approved body worn camera at any time the officer believes that such a device may be useful. Unless conducting a lawful recording in an authorized undercover capacity, non-uniformed officers should wear the body worn camera in a conspicuous manner when in use or otherwise notify persons that they are being recorded, whenever reasonably practicable. 4. When using a body worn camera, the assigned officer shall record his/her name, YPD identification number and the current date and time at the beginning of the shift or other period of use, regardless of whether any activity was recorded. This procedure is not required when the recording device and related software captures the user’s unique identification and the date and time of each recording. 5. Officers shall document the existence of a recording in any report or other official record of the contact, including any instance where the body worn camera malfunctioned or the officer deactivated the recording. Officers should include the reason for deactivation. IV. ACTIVATION OF THE BODY WORN CAMERA 1. This policy is not intended to describe every possible situation in which the body worn camera should be used, although there are many situations where its use is appropriate. Officers should activate the recorder any time the officer believes it would be appropriate or valuable to record an incident. SAMPLE POLICY 2. Officers wearing body-worn cameras and any clothing or any indication they are law enforcement shall have the body-worn camera turned on at all times while they are on-duty and are responding to calls for service or engaged in law enforcement-related activities (50 ILCS 706/10-20). Body-worn cameras should be activated in any of the following situations: a. Any time they are on duty and responding to calls for service or engaged in law enforcement related encounters or activities; b. Routine calls for service prior to arriving at a dispatched call or when self-initiating a response to a call; c. Responding to emergency and in progress calls for service; d. Foot and vehicle pursuits; e. Execution of a search warrant, arrest warrant, or a consent search where the officer is looking for a suspect or evidence; f. High risk situations; g. If another officer is on the scene during the search of a detainee, as appropriate and without sacrificing officer safety position, the search should be captured on camera; h. The initial crime scene search. Evidence Technicians processing a crime scene after the initial response by officers, shall not activate their body worn camera while processing the scene, unless they encounter another law enforcement activity that requires the activation of the body worn camera.; i. Officers working a planned event that involves traffic direction do not have to activate their body worn camera unless they have contact with a citizen beyond normal traffic direction. j. Transporting a detainee or person(s) not in custody, regardless of gender and; k. Situations where the officer reasonably believes to serve a proper purpose or any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording. 3. If exigent circumstances prevent an officer from turning on a body-worn camera when required, the camera shall be turned on as soon as practicable (50 ILCS 706/10-20). 4. Officers shall not record interactions with confidential informants unless exigent circumstances exist or the informant has or is committing a crime (see 50 ILCS 706/10-20). 5. Officers should remain sensitive to the dignity of all individuals being recorded and unless recording with a body-worn camera is required, exercise sound discretion to respect privacy by discontinuing recording whenever it reasonably appears to the deputy that such privacy may outweigh any legitimate law enforcement interest in recording. Requests by members of the public to stop recording should be considered using this same criterion. Recording should resume when privacy is no longer at issue unless the circumstances no longer fit the criteria for recording. SAMPLE POLICY 6. At no time is an officer expected to jeopardize his/her safety in order to activate a portable recorder or change the recording media. However, the recorder should be activated in situations described above as soon as reasonably practicable. V. CESSATION OF RECORDING 1. Once activated, the portable recorder should remain on continuously until the member reasonably believes that the member's direct participation in the incident is complete or the situation no longer fits the criteria for activation. Recording may be stopped during significant periods of inactivity such as report writing or other breaks from direct participation in the incident. 2. While in the jail, the body worn camera shall continue until the Correctional Deputy and inmate contact is completed and the block or cell door is secured and locked. At no time shall an officer adjust, modify, or otherwise change any mute or other settings on the body-worn camera without command approval. 3. Body-worn cameras shall be turned off when a victim, witness, confidential informant, or community member reporting a crime requests that the camera be turned off. The request should be captured on the recording, unless impracticable or impossible to do so. However, an officer may continue to record or resume recording a victim, a witness or the confidential informant if exigent circumstances exist or the officer has a reasonable articulable suspicion that the victim, witness or confidential informant has committed or is in the process of committing a crime. Under these circumstances, the officer should indicate on the recording the reason for continuing to record despite the request of the victim, witness or confidential informant (see 50 ILCS 706/10-20(a)(3)). 4. Officers shall turn off the body worn camera in locations where a reasonable expectation of privacy exists, such as a dressing room, medical and psychiatric facility or the incident involves the exposure of private body parts, unless required for capturing evidence or the officer reasonably believes it to serve a proper police purpose. Reasonable attempts shall be made to avoid recording persons other than the suspect. 5. Officers are permitted to turn off body-worn cameras while inside a patrol car equipped with a WatchGuard In-Car Video System; however, the officer must turn on the camera upon exiting the patrol vehicle for law-enforcement related encounters. Cameras may also be turned off when the officer is not engaged in law enforcement-related activities or when completing paperwork alone or while only in the presence of another member, or when inside a correctional facility or courthouse with a camera system (see 50 ILCS 706/10-20). 6. Officers shall turn off the body worn camera during any court related manner, to include pre- trial conferences, depositions, or any other activity in the courtroom. 7. Body worn cameras worn by department members will be deactivated upon the order of the ranking supervisor that are involved at incident scenes that have been determined to be secure that are an officer-involved death investigation, firearm discharge, or any other use of force incident. a. A scene may be considered secure when the offenders are in custody or otherwise not in the area, medical aid has been requested/administered or fire personnel/paramedics are on the scene, the involved officers have been identified and the incident scene has been established. 8. Members who are assigned as perimeter security at any secured crime scene do not have to have the body worn camera activated unless the scene assignment has a law enforcement- related function such as crowd control and other such public interaction. SAMPLE POLICY VI. SURREPTITIOUS USE OF THE PORTABLE RECORDER 1. Illinois law prohibits any individual from surreptitiously recording any conversation in which any party to the conversation has a reasonable belief that the conversation is private or confidential (see 720 ILCS 5/14-2). 2. However, officers using body-worn cameras are not prohibited from recording a private conversation if the person is provided notice of the recording and proof of that notice is captured on the recording. If exigent circumstances exist that prevent the officer from providing notice, notice must be provided as soon as practicable (see 50 ILCS 706/10- 20(a)(5)). 3. Officers shall not surreptitiously record another department member without a court order unless lawfully authorized by the Chief of Police or the Chief of Police's authorized designee. 4. Officers may utilize any body worn camera in a covert mode when tactical or officer safety needs warrant the operation of the device in that state. Once the tactical or officer safety needs no longer exist the camera shall be returned to an overt state to include any recording indicator lights being illuminated and/or uncovered. VII. EXPLOSIVE DEVICE 1. Many portable recorders, including body worn cameras and audio/video transmitters, emit radio waves that could trigger an explosive device. Therefore, these devices should not be used where an explosive device may be present. VIII. PROHIBITED USE OF PORTABLE RECORDERS 1. Officers are prohibited from using department-issued body worn cameras and recording media for personal use and are prohibited from making personal copies of recordings created while on-duty or while acting in their official capacity. 2. Officers are also prohibited from retaining recordings of activities or information obtained while on-duty, whether the recording was created with department-issued or personally owned recorders. Officers shall not duplicate or distribute such recordings, except for authorized legitimate department business purposes. All such recordings shall be retained at the Yorkville Police Department or designated storage location. 3. Officers are prohibited from using department-issued body worn cameras while inside any courtroom or during any court proceedings unless functioning in an emergency or exigent circumstance in response to an event or as authorized by the chief judge or their designee. 4. Officers are prohibited from using personally owned recording devices while on-duty without the express consent of the Shift Supervisor. Any officer who uses a personally owned recorder for office-related activities shall comply with the provisions of this policy, including retention and release requirements, and should notify the on-duty supervisor of such use as soon as reasonably practicable. 5. Recordings shall not be used by any officer for the purpose of embarrassment, intimidation or ridicule. SAMPLE POLICY IX. IDENTIFICATION AND PRESERVATION OF RECORDINGS 1. To assist with identifying and preserving data and recordings, members should download, tag or mark these in accordance with procedure and document the existence of the recording in any related case report. 2. A member should transfer, tag or mark recordings when the member reasonably believes: a. The recording contains evidence relevant to potential criminal, civil or administrative matters. b. A complainant, victim or witness has requested non-disclosure. c. A complainant, victim or witness has not requested non-disclosure but the disclosure of the recording may endanger the person. d. Disclosure may be an unreasonable violation of someone’s privacy. e. Medical or mental health information is contained. f. Disclosure may compromise an undercover officer or confidential informant. g. The recording or portions of the recording may be protected under the Freedom of Information Act or the Law Enforcement Officer-Worn Body Camera Act (5 ILCS 140/7.5; 50 ILCS 706/10-20). 3. Any time a member reasonably believes a recorded contact may be beneficial in a non-criminal matter (e.g., a hostile contact), the member should promptly notify a supervisor of the existence of the recording. X. REVIEW OF RECORDED MEDIA FILES 1. The recording member and supervisor are prohibited from redacting, labelling, duplicating, or altering the recording (50 ILCS 706/10-20). 2. When preparing written reports, members should review their recordings, and use them as a resource. However, members shall not retain personal copies of recordings. Members should not use the fact that a recording was made as a reason to write a less-detailed report. Members shall indicate in their report if a recording was made and if it was reviewed or not prior to completing the report. 3. Supervisors are authorized to review relevant recordings any time they are investigating alleged misconduct or reports of meritorious conduct or whenever such recordings would be beneficial in reviewing a member’s performance. 4. The supervisor of the recording member shall document in the report or other documentation if the supervisor or the recording member reviewed body-worn camera recordings prior to completing the report or other documentation. 5. No member shall have access to or review the member's own body-worn camera recordings or the body-worn camera recordings of another officer prior to completing reports or other documentation when the member: a. Has been involved in or is a witness to an officer-involved shooting, use of deadly Force incident, or use of force incident resulting in great bodily harm. b. Is ordered to write a report in response to or during the investigation of a misconduct complaint against the member. SAMPLE POLICY 6. If the member prepares a report related to the circumstances listed above, subject to a supervisor’s approval, a member may file a supplemental report after viewing body-worn camera recordings. The member shall document in the supplemental report that the member reviewed recordings (50 ILCS 706/10-20). Recorded files may also be reviewed: a. Upon approval by a supervisor, by any member of the Department who is participating in an official investigation, such as a personnel complaint, administrative investigation, or criminal investigation. b. Pursuant to lawful process or by court personnel who are otherwise authorized to review evidence in a related case. c. By media personnel with permission of the Chief of Police or the authorized designee. d. In compliance with a public records request, if permitted, and in accordance with the Records Policy – 802. 7. All recordings should be reviewed by the Records Supervisor prior to public release (see the Records Policy - 802). Recordings that unreasonably violate a person’s privacy or sense of dignity should not be publicly released unless disclosure is required by law or order of the court. XI. BODY WORN CAMERA COORDINATOR 1. The Chief of Police or the authorized designee should designate a coordinator responsible for (50 ILCS 706/10-20): a. Identifying members who are assigned body worn cameras, to include all trained uniformed and non-uniformed members, who take part in street duties, including sworn officers, detectives, school resource officers and sworn supervisors who are not assigned to in-station administrative duties. b. Identifying members permitted to access recordings in order to redact, label, or duplicate recordings. c. Ensuring body worn cameras acquired on or after July 1, 2015, are equipped with pre- event recording of least the 30 seconds prior to camera activation and are capable of recording for a period of at least 10 hours. d. Establishing procedures for: 1. The care and maintenance of body worn cameras, including reasonable efforts to be made by supervisors to correct or repair body-worn camera equipment upon notice from a member experiencing technical difficulties, failures, or problems with the equipment. 2. Compliance with the Law Enforcement Officer Worn Body Camera Act and guidelines established by the Illinois Law Enforcement Training and Standards Board (ILETSB) for the use of body-worn cameras. 3. Security of recordings including access controls. 4. Redacting, labeling, and duplicating recordings. 5. Supervisor and member review of recordings. SAMPLE POLICY e. Providing an annual report to the ILETSB pursuant to 50 ILCS 706/10-25. f. Ensuring the Department uses authorized body-worn camera recording media (50 ILCS 706/10-10). g. Designating members permitted to redact, label, or duplicate recordings (50 ILCS 706/10-20). h. Ensure members are properly trained in the use of body worn cameras prior to being assigned a camera. i. Additional training and program assessment may be required at periodic intervals to ensure the continued effective use and operation of the equipment, proper calibration and performance, and to incorporate changes, updates, or other revisions in policy and equipment. j. Annually the Body Worn Camera Coordinator will review agency compliance with this policy, the performance of hardware and software as well as the overall performance of the video evidence program. A report will be submitted to the Chief of Police detailing any problems, deficiencies or anticipated needs. This report will be completed for each preceding calendar year during the first quarter of the subsequent year. XII. RETENTION REQUIREMENTS FOR BODY-WORN CAMERA RECORDINGS 1. Recordings made on body-worn cameras shall be retained for 90 days. Recordings shall not be altered, erased, or destroyed prior to the expiration of the 90-day storage period. In the event any recording is altered, erased, or destroyed prior to the expiration of the 90-day storage period, the Chief of Police shall maintain a written record including the name of the individual who made such alteration, erasure, or destruction, and the reason for any such alteration, erasure, or destruction for one year (50 ILCS 706/10-20). 2. After the 90-day storage period, recordings must be destroyed unless any of the following occur (50 ILCS 706/10-20): a. A formal or informal complaint has been filed. b. The officer discharged a firearm or used force during the encounter. c. Death or great bodily harm occurred to any person in the recording. d. The encounter resulted in a detention or arrest other than a traffic stop resulting in only a minor traffic offense or a petty offense with a fine of more than $1,000. e. The officer is the subject of an internal investigation or otherwise being investigated for possible misconduct. f. The supervisor of the officer, prosecutor, defendant, or court determines that the encounter has evidentiary value in a criminal prosecution. k. The recording officer requests that the video be retained for official purposes related to the officer’s official duties. 3. Under these circumstances, the recording of the encounter shall not be altered or destroyed for two years. If the recording is used in a criminal, civil, or administrative proceeding, the recording shall not be destroyed except upon a final disposition and order from the court. SAMPLE POLICY 4. Recordings may be retained any time a supervisor designates the recording for training purposes and may be viewed by officers, in the presence of a supervisor or training instructor, for the purposes of instruction, training, or ensuring compliance with department policies. XIII. RELEASE OF AUDIO/VIDEO RECORDINGS 1. Requests for the release of audio/video recordings shall be processed in accordance with the Freedom of Information Act, Records Policy – 802, and all applicable laws. Requests for the release of audio/video recordings are set by the State of Illinois Law Enforcement Body Worn Camera Act (50 ILCS 706/10-20). The State of Illinois Law Enforcement Body Worn Camera Act as well as the Illinois Freedom of Information Act (5/ILCS 140/6(a)) will be adhered to when completing any request for the release of audio/video recordings. The State of Illinois Law Enforcement Body Worn Camera Act (attachment A) and the Illinois Freedom of Information Act (attachment B) are all attached in this section. XIV. ACCIDENTAL RECORDINGS AND DELETIONS 1. In the event of an accidental activation of the body worn camera during non-enforcement or non-investigative activities or in a situation where a reasonable expectation of employee privacy exists, officers shall request via an email to the Deputy Chief of Support Services a request to have the video deleted. Recordings deemed by the Deputy Chief of Support Services to hold no official purpose shall be deleted. XV. SUPERVISORY RESPONSIBILITIES 1. Supervisors shall ensure officers equipped with body worn cameras utilize them in accordance to policy and training. 2. When a supervisor becomes aware that a recorded incident has the propensity to generate community interest, the supervisor shall review only those recordings relevant to their investigative scope and conduct further investigation that he/she deems appropriate. The supervisor is responsible for forwarding the information via the chain of command. 3. Monthly, supervisors will randomly review 4 recordings pertaining to subordinates under his/her responsibility to ensure that the equipment is operating properly and that officers are using the cameras appropriately and in accordance with policy and training. Supervisors shall document their review on a Camera Supervisor Review form. Completed forms will be included in the shift/unit monthly report. 4. Recordings may not be reviewed indiscriminately for disciplinary purposes. Recordings will be reviewed when a complaint of misconduct has been made or discovered, or as part of the supervisory use of force or resisting/obstructing review. 5. Supervisors shall identify any areas in which additional training or guidance is required. 6. Recordings shall not be used to prepare performance evaluations, unless used for the purpose of correcting substandard employee performance that was brought to the supervisor’s attention. 7. In general, minor infractions and minor deviations from department policy observed through review of the recordings will not be subject to the disciplinary process and will be treated as a training opportunity. SAMPLE POLICY XVI. PUBLIC RECORDING OF LAW ENFORCEMENT 1. No officer may hinder or prohibit any person recording a law enforcement officer in the performance of his/her duties in a public place or in a circumstance where the officer has no reasonable expectation of privacy. 2. The unlawful confiscation or destruction of the recording medium of a person who is not a law enforcement officer may result in discipline or other penalties. XVII. SCHOOL RESOURCE OFFICERS 1. The Yorkville Police Department recognizes that the duties and working environment for School Resource Officers (SRO) are unique within law enforcement. It is recognized that SRO's are required to maintain school safety while keeping the sanctity of the learning environment that the school provides. SRO's are expected to continuously build trusting relationships with students and staff. They also often have impromptu interventions with students to deescalate arguments and/ or conflicts. It is with this understanding that the Yorkville Police Department provides special regulations to SRO's on their use of Body Worn Cameras (BWC), while remaining in compliance with state law. a. The BWC shall be activated in any of the following situations: 1. When summoned by any individual to respond to an incident where it is likely that a law enforcement-related activity will occur. 2. Any self-initiated activity where it is previously known or facts develop that a custodial arrest will be made or a law enforcement-related activity will occur. 3. Any self-initiated activity where it is previously known or facts develop that the questioning/investigation will be used later in criminal charges. 4. When feasible an SRO shall activate the BWC when the contact becomes adversarial, the subject exhibits unusual or aggressive behavior, or circumstances indicate that an internal complaint will likely be filed. 2. If exigent circumstances prevent an SRO from turning on a BWC when required, the BWC shall be activated as soon as practicable. 3. If an incident is recorded on a BWC, the principal of the school shall be notified of the incident/ recording. 4. It is also recognized that SRO's often have conversations with students/staff that are unrelated to the investigation of a crime and fall under the definition of a community caretaking function. It is not appropriate to record these conversations as it diminishes the trust between the individual and the SRO. XVIII. DETECTIVES 1. Detectives who are assigned a body worn camera will operate/activate the camera in the same manner as other Department members as outlined in this policy. Detectives shall activate the camera at all times they are conducting initial or follow-up investigations where there is contact between members of the department and the public. 2. Department members will adhere to the recording rules outlined in Public Act 099-0882 (725 ILCS 5/103-2.1) of the State of Illinois for interviews/interrogations with individuals in SAMPLE POLICY custody that are conducted inside the police facility. Such interrogations/interviews will be conducted in interview rooms that are equipped with audio/visual recording capabilities. 3. Witnesses, victims and community members reporting a crime can request the camera be turned off, but the request should be captured on the recording. XIX. TRAINING 1. Each officer shall complete training on this policy and any procedures prior to use and deployment of the body worn cameras. The training coordinator shall maintain a record of all officers completing this training. Updates and ongoing training shall occur as needed. Officers shall direct any questions or training needs related to officer-worn body cameras to their immediate supervisor. XX. COMPLIANCE It is the responsibility of all Officers, Supervisors, and Administrative Personnel to comply with all sections of this directive. This Policy supersedes all previous written and unwritten policies and procedures of the Yorkville Police Department on the above subject. XXI. EFFECTIVE DATE This policy shall be effective as of: Quote For: Yorkville Police Department Attn: Ray Mikolasek Reference: (33) V300 VaaS (13) 4RE CCE Quote By: WatchGuard Video / Motorola Solutions Danny O'Shea Date: 01-13-22 Serving Law Enforcement with the Most Compelling, Quality Video Products The Wall Street Journal Management Top 250, No. 92, November 2019 Fortune World’s Most Admired Companies, No. 3 in Networks and Other Communications Equipment, January 2019 AWARDS Forbes World’s Best Employers, October 2018 Dow Jones Sustainability North American Index, September 2018 WayUp Top 100 Internship Programs, August 2019 MOTOROLA SOLUTIONS Motorola Solutions is a global leader in mission-critical communications. Our technology platforms in communications, command center software, video security & analytics, and managed & support services make cities safer and help communities and businesses thrive. TECHNOLOGY PLATFORMS BY THE NUMBERS MISSION-CRITICAL COMMUNICATIONS COMMAND CENTER SOFTWARE VIDEO SECURITY & ANALYTICS MANAGED & SUPPORT SERVICES $7.3 BILLION in annual sales (2018) $637 MILLION in R&D spending (2018) $3.3 BILLION in acquisitions spending since 2016 17,000+ EMPLOYEES in 60 countries 100,000+ CUSTOMERS in over 100 countries 6,900+ PATENTS granted and pending 13,000 NETWORKS across the globe HEADQUARTERS 500 W. Monroe Chicago IL USA MEDIA CONTACT Brittany Kelly | 224-246-3914 brittnay.kelly@motorolasolutions.com CHAIRMAN & CEO Greg Brown Motorola Solutions, Inc. 500 West Monroe Street, Chicago, Il 60661 U.S.A. motorolasolutions.com MOTOROLA, MOTO, MOTOROLA SOLUTIONS and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2019 Motorola Solutions, Inc. All rights reserved. 12-2019 We have a rich history of firsts, including pioneering mobile communications in the 1930s, making equipment that carried the first words from the moon in 1969 and developing the first commercial handheld cellular phone in 1983. Today, our global employees are committed to designing and delivering the solutions our customers refer to as their lifeline. At Motorola Solutions, we are ushering in a new era in public safety and security. Page 1 of 5 WatchGuard Video 415 E. Exchange Allen, TX 75002 (P) 800-605-6734 (F) 212-383-9661 Prepared For: Yorkville Police Department - Attention: Ray Mikolasek (33) V300 VaaS (13) 4RE CCE QUOTATION - VH3-0034-06 DATE: 01-13-22 Additional Options Deliverables / Materials / Services Qty Unit Price Sell Price Amount Body-worn camera and evidence management software - 5 Year Video-as-a-Service Package @ $49 per Month AAS-BWC-5YR-001 (PaaS) Video-as-a-Service includes CommandCentral Evidence, the cloud- based evidence management system with unlimited device storage and unlimited cloud sharing. 1 User License per Body Worn Camera. 50 GB of non-device storage included per device, averaged across all devices in the program CommandCentral Evidence, Records, Redaction, Sharing, Community Engagement capabilities and capture application included. Body-worn camera (battery + choice of mount included) Third year technology (Hardware) refresh. 5-year agreement (billed Quarterly or Annually) Advanced hardware replacement service & 24/7 support No-Fault hardware warranty 33 $2,940.00 $2,940.00 $97,020.00 V300, Battery, Removable and Rechargable, 3.8V, 4180mAh WGP02614 33 $99.00 $69.00 $2,277.00 V300 Base Assembly, USB Desktop Dock WGA00640-KIT1 33 $95.00 $95.00 $3,135.00 Page 2 of 5 Pre Configured V300 Transfer Station II with Power Supply and Cables. BW -ACK-V3-TSC V300 Transfer Station II TS02, D350, 8-Slot Rack Mount Charge/Upload Dock, 10GB includes kit with Power Supply and Cables. 1 $1,495.00 $0.00 $0.00 V300 WiFi In-car Radio Base Bundle, includes Radio Base and Smart PoE Switch. IV-ACK-BD-V3--- V300 WiFi In-car Radio Base Bundle WiFi Charging Radio Base Smart PoE Switch Cables and Brackets 13 $545.00 $545.00 $7,085.00 CC Evidence Unlimited Data Storage for ICV SSV00S02784A (PaaS) Unlimited for In Car Video Priced Annually: $52 per car per month 65 $624.00 $495.00 $32,175.00 Managed Software Installation Service; On-Site Assist Install, Training, Configuration, Project Management, Consultation WGW00122-400 1 $5,000.00 $5,000.00 $5,000.00 Shipping - BWC Unit FRT-BWC-01 Freight delivery for each Body Worn Camera Unit 33 $15.00 $15.00 $495.00 Subtotal Price $147,187.00 Due Now $43,831.00 Annual Invoice $25,839.00 Notes: 1. This Quote is valid for 90 days from the Quote Date. Pricing may change thereafter. 2. Any sales transaction resulting from this Quote is based on and subject to the applicable Motorola's Standard Terms and Conditions, notwithstanding terms and conditions on purchase orders or other Customer ordering documents. 3. Motorola's Standard Terms and Conditions are found at www.motorolasolutions.com/product-terms. 4. Payment Terms: Equipment-Net 30 days upon shipment; Installation-Net 30 days upon completion; Services and Subscription Agreements-Net 30 days from receipt of Order. 5. The pricing in this Quote does not include any applicable taxes (e.g. sales/use tax). Page 3 of 5 6. UNLESS OTHERWISE NOTED IN THIS QUOTE / ORDER, INSTALLATION OF EQUIPMENT IS NOT INCLUDED 7. In-car installation of the Smart POE/radio bundle not included. Quoted by: Danny O'Shea - 800-605-6734 - daniel.oshea@motorolasolutions.com Page 4 of 5 Quote ID: VH3-0034-06 – Pricing Summary – 01-13-22 Total Spend: Due Now $43,831.00 Years 2-5 Invoice(s) (Pay Each Year) $25,839.00 Total Spend $147,187.00 Purchase as a Service (PaaS) Financial Profile Total Price: $129,195.00 Contract Term: 5 Years Monthly Payments: $2,153.25 Annual Invoice: $25,839.00 Deferred Total Price $147,187.00 Direct Purchase Items $17,992.00 Deferred (5 Payments of $25,839.00) $129,195.00 Due Now Direct Purchase Items $17,992.00 1st Invoice $25,839.00 Due Now $43,831.00 Page 5 of 5 1 Master Customer Agreement MCA WatchGuard Video, Inc., with offices at 415 E. Exchange Parkway, Allen, TX 75002 WatchGuard and the entity set Customer WatchGuard and Customer will each be Party Parties below) is effective as of the date of the last signature Effective Date 1. Agreement. 1.1. Scope; Agreement Documents Products (as defined below) and Services (as defined below) from WatchGuard. Additional terms and conditions applicable to specific Products and Services are set forth in one or more addenda attached to this MCA Addendum Addenda In addition, the Parties may agree upon solution descriptions, equipment lists, statements of work, schedules, technical specifications, and other ordering documents setting forth the Products and Services to be purchased by Customer and provided by WatchGuard and additional rights and obligations of the Parties Ordering Documents . To the extent required by applicable procurement law, a proposal submitted by WatchGuard in response to a competitive procurement process will be included within the meaning of the term Ordering Documents. This Agreement 1.2. Order of Precedence. Each Addendum will control with respect to conflicting terms in the MCA, but only as applicable to the Products and Services described in such Addendum. Each Ordering Document will control with respect to conflicting terms in the MCA or any Addenda, but only as applicable to the Products and Services described on such Ordering Document. 2. Products and Services. 2.1. Products. WatchGuard will (a) sell hardware provided by WatchGuard Equipment , (b) license software which is either preinstalled on Equipment or installed on Customer-Provided Equipment (as defined below) and licensed to Customer by WatchGuard for a perpetual or other defined Licensed Software , and (c) license cloud-based software as a service products and other software which is either preinstalled on Equipment or installed on Customer- Provided Equipment, but licensed to Customer by WatchGuard on a subscription basis Subscription Software ) to Customer, to the extent each is set forth in an Ordering The Equipment, Licensed Software, and Subscription Software shall collectively be referred to herein as Products Product . At any time during the Term (as defined below), WatchGuard may substitute any Products at no cost to Customer, if the substitute is substantially similar to the Products set forth in the applicable Ordering Documents. 2.2. Services. 2.2.1. WatchGuard Services the extent set forth in an Ordering Document. 2.2.2. Integration Services; Maintenance and Support Services. If specified in an Ordering Document, WatchGuard will provide, for the term of such Ordering Document, (a) design, deployment, and integration Services in order to design, install, set up, configure, and/or integrate the applicable Products at the 2 Sites , agreed upon by the Parties Integration Services , or (b) break/fix maintenance, technical support, or other Services (such as software integration Services) Maintenance and Support Services , each as further described in the applicable statement of work. Maintenance and Support Services and Integration Services will , as defined above. 2.2.3. Service Ordering Documents. The Fees for Services will be set forth in an Ordering Document and any applicable project schedules. A Customer point of contact will be set forth in the applicable statement of work for the Services. For purposes of clarity, each statement of work will be incorporated into, and form an integral part of, the Agreement. 2.2.4. Service Completion. Unless otherwise specified in the applicable Ordering Document, Services described in an Ordering Document will be deemed complete upon WatchGuard performance of all Services listed in such Ordering Service Completion Date and Support Services may be offered on an ongoing basis during a given Ordering Document term, in which case such Maintenance and Support Services will conclude upon the expiration or termination of such Ordering Document. 2.3. Non-Preclusion. If, in connection with the Products and Services provided under this Agreement, WatchGuard makes recommendations, including a recommendation to purchase other products or services, nothing in this Agreement precludes WatchGuard from participating in a future competitive bidding process or otherwise offering or selling the recommended products or other services to Customer. Customer represents that this paragraph does not violate its procurement standards or other laws, regulations, or policies. 2.4. Customer Obligations. Customer will ensure that information Customer provides to WatchGuard in connection with receipt of Products and Services are accurate and complete in all material respects. Customer will make timely decisions and obtain any required management approvals that are reasonably necessary for WatchGuard to provide the Products and Services and perform its other duties under this Agreement. Unless the applicable Ordering Document states otherwise, WatchGuard may rely upon and is not required to evaluate, confirm, reject, modify, or provide advice concerning any assumptions or Customer information, decisions, or approvals described in this Section. If any assumptions in the Ordering Documents or information provided by Customer prove to be incorrect, or if Customer fails to perform any of its obligations under this Agreement, WatchGuard ability to perform its obligations may be impacted and changes to the Agreement, including the scope, Fees, and performance schedule may be required. 2.5. Documentation. Products and Services may be delivered with documentation for the Equipment, software Products, or data that specifies technical and performance features, capabilities, users, or operation, including training manuals, and other deliverables, such as reports, specifications, designs, plans, drawings, analytics, or other information (collectively, Documentation . Documentation is and will be owned by WatchGuard, and unless otherwise expressly agreed in an Addendum or Ordering Document that certain Documentation will be owned by Customer. WatchGuard hereby grants Customer a limited, royalty-free, worldwide, non-exclusive license to use the Documentation solely for its internal business purposes in connection with the Products and Services. 3 2.6. WatchGuard Tools and Equipment. As part of delivering the Products and Services, WatchGuard may provide certain tools, equipment, models, and other materials of its own. Such tools and equipment will remain the sole property of WatchGuard. unless they are to be purchased by Customer as Products and are explicitly listed on an Ordering Document. The tools and equipment may be held by Customer for WatchGuard use without charge and may WatchGuard at any time without restriction. Customer will safeguard all tools and equipment w liable for any loss or damage. Upon the expiration or earlier termination of this Agreement, Customer, at its expense, will return to WatchGuard all tools and equipment in its possession or control. 2.7. Authorized Users. Customer will ensure its employees and Authorized Users comply with the terms of this Agreement and will be liable for all acts and omissions of its employees and Authorized Users. Customer is responsible for the secure management of Authorized Authorized Users -time contractors engaged for the purpose of supporting the Products and Services that are not competitors of WatchGuard, and the entities (if any) specified in an Ordering Document or otherwise approved by WatchGuard in writing (email from an authorized WatchGuard signatory accepted), which may include affiliates or other Customer agencies. 2.8. Export Control. Customer, its employees, and any other Authorized Users will not access or use the Products and Services in any jurisdiction in which the provision of such Prohibited Jurisdiction government, entity, or individual located in a Prohibited Jurisdiction. Customer represents and warrants that (a) it and its Authorized Users are not named on any U.S. government list of persons prohibited from receiving U.S. exports, or transacting with any U.S. person; (b) it and its Authorized Users are not a national of, or a company registered in, any Prohibited Jurisdiction; (c) Customer will not permit its Authorized Users to access or use the Products or Services in violation of any U.S. or other applicable export embargoes, prohibitions or restrictions; and (d) Customer and its Authorized Users will comply with all applicable laws regarding the transmission of technical data exported from the U.S. and the country in which Customer, its employees, and the Authorized Users are located. 2.9. Change Orders. Unless a different change control process is agreed upon in writing by the Parties, a Party may request changes to an Addendum or an Ordering Document by Change Order in a Change Order causes an increase or decrease in the Products or Services, the Parties by means of the Change Order will make appropriate adjustments to the Fees, project schedule, or other matters. Change Orders are effective and binding on the Parties only upon execution of the Change Order by an authorized representative of both Parties. 3. Term and Termination. 3.1. Term. The term of Term until six (6) months after the later of (a) the termination, expiration, or discontinuance of services under the last Ordering Document in effect, or (b) the expiration of all applicable warranty periods, unless the MCA is earlier terminated as set forth herein. The applicable Addendum or Ordering Document will set forth the term for the Products and Services governed thereby. 4 3.2. Termination. Either Party may terminate the Agreement or the applicable Addendum or Ordering Document if the other Party breaches a material obligation under the Agreement and does not cure such breach within thirty (30) days after receipt of notice of the breach or fails to produce a cure plan within such period of time. Each Addendum and Ordering Document may be separately terminable as set forth therein. 3.3. Suspension of Services. WatchGuard may terminate or suspend any Products or Services under an Ordering Document if WatchGuard determines: (a) the related Product license has expired or has terminated for any reason; (b) the applicable Product is being used on a hardware platform, operating system, or version not approved by WatchGuard; (c) Customer fails to make any payments when due; or (d) Customer fails to comply with any of its other obligations or otherwise delays WatchGuard ability to perform. 3.4. Effect of Termination or Expiration. Upon termination for any reason or expiration of this Agreement, an Addendum, or an Ordering Document, Customer and the Authorized Users will return or destroy (at WatchGuard option) all WatchGuard Materials and WatchGuard Confidential Information in their possession or control and, as applicable, provide proof of such destruction, except that Equipment purchased by Customer should not be returned. If Customer has any outstanding payment obligations under this Agreement, WatchGuard may accelerate and declare all such obligations of Customer immediately due and payable by Customer. Notwithstanding the reason for termination or expiration, Customer must pay WatchGuard for Products and Services already delivered. Customer has a duty to mitigate any damages under this Agreement, including in the event of default by WatchGuard n of this Agreement. 4. Payment and Invoicing. 4.1. Fees Fees set forth in the applicable Addendum or Ordering Document, and such Fees may be changed by WatchGuard at any time, except that WatchGuard will not change the Fees for Products and Services purchased by Customer during the term of an active Ordering Document or during a Subscription Term (as defined and further described in the applicable Addendum). Changes in the scope of Services described in an Ordering Document may require an adjustment to the Fees due under such Ordering Document. If a specific invoicing or payment schedule is set forth in the applicable Addendum or Ordering Document, such schedule will apply solely with respect to such Addendum or Ordering Document. Unless otherwise specified in the applicable Ordering Document, the Fees for any Services exclude expenses associated with unusual and costly Site access requirements (e.g., if Site access requires a helicopter or other equipment), and Customer will reimburse WatchGuard for these or other expenses incurred by WatchGuard in connection with the Services. 4.2. Taxes. The Fees do not include any excise, sales, lease, use, property, or other taxes, assessments, duties, or regulatory charges or contribution requirements Taxes all of which will be paid by Customer, except as exempt by law, unless otherwise specified in an Ordering Document. If WatchGuard is required to pay any Taxes, Customer will reimburse WatchGuard for such Taxes (including any interest and penalties) within thirty (30) days after ipt of an invoice therefore. Customer will be solely responsible for reporting the Products for personal property tax purposes, and WatchGuard will be solely responsible for reporting taxes on its income and net worth. 4.3. Invoicing. WatchGuard will invoice Customer at the frequency set forth in the applicable Addendum or Ordering Document, and Customer will pay all invoices within thirty (30) days of 5 the invoice date or as otherwise specified in the applicable Addendum or Ordering Document. Late payments will be subject to interest charges at the maximum rate permitted by law, commencing upon the due date. WatchGuard may invoice electronically via email, and Customer agrees to receive invoices via email at the email address set forth in an Ordering Document. Customer acknowledges and agrees that a purchase order or other notice to proceed is not required for payment for Products or Services. 5. Sites; Customer-Provided Equipment; Non-WatchGuard Content. 5.1. Access to Sites. Customer will be responsible for providing all necessary permits, licenses, and other approvals necessary for the installation and use of the Products and the performance of the Services at each applicable Site, including for WatchGuard to perform its obligations hereunder, and for facilitating WatchGuard access to the Sites. No waivers of liability will be imposed on WatchGuard or its subcontractors by Customer or others at Customer facilities or other Sites, but if and to the extent any such waivers are imposed, the Parties agree such waivers are void. 5.2. Site Conditions. Customer will ensure that (a) all Sites are safe and secure, (b) Site conditions meet all applicable industry and legal standards (including standards promulgated by OSHA or other governmental or regulatory bodies), (c) to the extent applicable, Sites have adequate physical space, air conditioning, and other environmental conditions, electrical power outlets, distribution, equipment, connections, and telephone or other communication lines (including modem access and interfacing networking capabilities), and (d) Sites are suitable for the installation, use, and maintenance of the Products and Services. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS-222 in effect on the Effective Date. 5.3. Site Issues. WatchGuard will have the right at any time to inspect the Sites and advise Customer of any deficiencies or non-conformities with the requirements of this Section 5 Sites; Customer-Provided Equipment; Non-WatchGuard Content. If WatchGuard or Customer identifies any deficiencies or non-conformities, Customer will promptly remediate such issues or the Parties will select a replacement Site. If a Party determines that a Site identified in an Ordering Document is not acceptable or desired, the Parties will cooperate to investigate the conditions and select a replacement Site or otherwise adjust the installation plans and specifications as necessary. A change in Site or adjustment to the installation plans and specifications may cause a change in the Fees or performance schedule under the applicable Ordering Document. 5.4. Customer-Provided Equipment. Certain components, including equipment and software, not provided by WatchGuard may be required for use of the Products and Services Customer-Provided Equipment expense, for providing and maintaining the Customer-Provided Equipment in good working order. Customer represents and warrants that it has all rights in Customer-Provided Equipment to permit WatchGuard to access and use the applicable Customer-Provided Equipment to provide the Products and Services under this Agreement, and such access and use will not violate any laws or infringe any third-party rights (including intellectual property rights). Customer (and not WatchGuard) will be fully liable for Customer-Provided Equipment, and Customer will immediately notify WatchGuard of any Customer-Provided Equipment damage, loss, change, or theft that may impact WatchGuard ability to provide the Products and Services under this Agreement, and Customer acknowledges that any such events may cause a change in the Fees or performance schedule under the applicable Ordering Document. 6 5.5. Non-WatchGuard Content. In certain instances, Customer may be permitted to access, use, or integrate Customer or third-party software, services, content, and data that is not provided by WatchGuard Non-WatchGuard Content Products and Services. If Customer accesses, uses, or integrates any Non-WatchGuard Content with the Products or Services, Customer will first obtain all necessary rights and licenses to perm -WatchGuard Content in connection with the Products and Services. Customer will also obtain the necessary rights for WatchGuard to use such Non-WatchGuard Content in connection with providing the Products and Services, including the right for WatchGuard to access, store, and process such Non- WatchGuard Content (e.g., in connection with Subscription Software), and to otherwise enable interoperation with the Products and Services. Customer represents and warrants that it will obtain the foregoing rights and licenses prior to accessing, using, or integrating the applicable Non-WatchGuard Content with the Products and Services, and that Customer and its Authorized Users will comply with any terms and conditions applicable to such Non- WatchGuard Content. If any Non-WatchGuard Content require access to Customer Data (as defined below in Section __ below), Customer hereby authorizes WatchGuard to allow the provider of such Non-WatchGuard Content to access Customer Data, in connection with the interoperation of such Non-WatchGuard Content with the Products and Services. Customer acknowledges and agrees that WatchGuard is not responsible for, and makes no representations or warranties with respect to, the Non-WatchGuard Content (including any disclosure, modification, or deletion of Customer Data resulting from use of Non-WatchGuard Content or failure to properly interoperate with the Products and Services). If Customer receives notice that any Non-WatchGuard Content must be removed, modified, or disabled within the Products or Services, Customer will promptly do so. WatchGuard will have the right to disable or remove Non-WatchGuard Content if WatchGuard believes a violation of law, third-party rights, or WatchGuard policies is likely to occur, or if such Non-WatchGuard Content poses or may pose a security or other risk or adverse impact to the Products or Services, WatchGuard, WatchGuard systems, or any third party (including other WatchGuard customers). Nothing in this Section will limit the exclusions set forth in Section 7.2 Intellectual Property Infringement. 6. Representations and Warranties. 6.1. Mutual Representations and Warranties. Each Party represents and warrants to the other Party that (a) it has the right to enter into the Agreement and perform its obligations hereunder, and (b) the Agreement will be binding on such Party. 6.2. WatchGuard Warranties. Subject to the disclaimers and exclusions below, atchGuard represents and warrants that (a) Services will be provided in a good and workmanlike manner and will conform in all material respects to the descriptions in the applicable Ordering Document; and (b) for a period of ninety (90) days commencing upon the Service Completion Date for one-time Services, the Services will be free of material defects in materials and workmanship. Other than as set forth in subsection (a) above, recurring Services are not warranted but rather will be subject to the requirements of the applicable Addendum or Ordering Document. WatchGuard provides other express warranties for WatchGuard-manufactured Equipment, WatchGuard-owned software Products, and certain Services. Such express warranties are included in the applicable Addendum or Ordering Document. Such representations and warranties will apply only to the applicable Product or Service that is the subject of such Addendum or Ordering Document. 7 6.3. Warranty Claims; Remedies. To assert a warranty claim, Customer must notify WatchGuard in writing of the claim prior to the expiration of any warranty period set forth in this MCA or the applicable Addendum or Ordering Document. Unless a different remedy is otherwise expressly set forth for a particular warranty under an Addendum, upon receipt of such claim, WatchGuard will investigate the claim and use commercially reasonable efforts to repair or replace any confirmed materially non-conforming Product or re-perform any non-conforming WatchGuard breach of a warranty. WatchGuard warranties are extended by WatchGuard to Customer only, and are not assignable or transferrable. 6.4. Pass-Through Warranties. Notwithstanding any provision of this Agreement to the contrary, WatchGuard will have no liability for third-party software or hardware provided by WatchGuard; provided, however, that to the extent offered by third-party providers of software or hardware and to the extent permitted by law, WatchGuard will pass through express warranties provided by such third parties. 6.5. WARRANTY DISCLAIMER. EXCEPT FOR THE EXPRESS AND PASS THROUGH WARRANTIES IN THIS AGREEMENT, PRODUCTS AND SERVICES PURCHASED WARRANTIES SET FORTH IN THE AGREEMENT ARE THE COMPLETE WARRANTIES FOR THE PRODUCTS AND SERVICES AND WATCHGUARD DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND QUALITY. WATCHGUARD DOES NOT REPRESENT OR WARRANT THAT USE OF THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF SECURITY VULNERABILITIES, OR THAT THEY WILL MEET PARTICULAR REQUIREMENTS. 7. Indemnification. 7.1. General Indemnity. WatchGuard will defend, indemnify, and hold Customer harmless from and against any and all damages, losses, liabilities, and expenses (including reasonable fees and expenses of attorneys) arising from any actual third-party claim, demand, action, or proceeding Claim for personal injury, death, or direct damage to tangible property to the extent caused by WatchGuard negligence, gross negligence or willful misconduct while performing its duties under an Ordering Document or an Addendum, except to the extent the WatchGuard duties under this Section 7.1 General Indemnity are conditioned upon: (a) Customer promptly notifying WatchGuard in writing of the Claim; (b) WatchGuard having sole control of the defense of the suit and all negotiations for its settlement or compromise; and (c) Customer cooperating with WatchGuard and, if requested by WatchGuard, providing reasonable assistance in the defense of the Claim. 7.2. Intellectual Property Infringement. WatchGuard will defend Customer against any third- party claim alleging that a WatchGuard-developed or manufactured Product or Service (the Infringing Product Infringement Claim WatchGuard will pay all damages finally awarded against Customer by a court of competent jurisdiction for an Infringement Claim, or agreed to in writing by WatchGuard in settlement of an Infringement Claim. WatchGuard duties under this Section 7.2 Intellectual Property Infringement are conditioned upon: (a) Customer promptly notifying WatchGuard in writing of the Infringement Claim; (b) WatchGuard having sole control of the defense of the suit and all negotiations for its settlement or compromise; and (c) Customer cooperating with 8 WatchGuard and, if requested by WatchGuard, providing reasonable assistance in the defense of the Infringement Claim. 7.2.1. If an Infringement Claim occurs, or in WatchGuard opinion is likely to occur, WatchGuard may at its option and expense: (a) procure for Customer the right to continue using the Infringing Product; (b) replace or modify the Infringing Product so that it becomes non-infringing; or (c) grant Customer (i) a pro-rated refund of any amounts pre-paid for the Infringing Product (if the Infringing Product is a software Product, i.e., Licensed Software or Subscription Software) or (ii) a credit for the Infringing Product, less a reasonable charge for depreciation (if the Infringing Product is Equipment, including Equipment with embedded software). 7.2.2. In addition to the other damages disclaimed under this Agreement, WatchGuard will have no duty to defend or indemnify Customer for any Infringement Claim that arises from or is based upon: (a) Customer Data, Customer-Provided Equipment, Non-WatchGuard Content, or third-party equipment, hardware, software, data, or other third-party materials; (b) the combination of the Product or Service with any products or materials not provided by WatchGuard; (c) a Product or Service designed, modified, or manufactured in accordance with ions; (d) a modification of the Product or Service by a party other than WatchGuard; (e) use of the Product or Service in a manner for which the Product or Service was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by Customer to use or install an update to the Product or Service that is intended to correct the claimed infringement. In no event will WatchGuard liability resulting from an Infringement Claim extend in any way to any payments due on a royalty basis, other than a reasonable royalty based upon revenue derived by WatchGuard from Customer from sales or license of the Infringing Product. 7.2.3. This Section 7.2 Intellectual Property Infringement sole and exclusive remedies and WatchGuard entire liability in the event of an Infringement Claim. For clarity, the rights and remedies provided in this Section are subject to, and limited by, the restrictions set forth in Section 8 Limitation of Liability below. 7.3. Customer Indemnity. Customer will defend, indemnify, and hold WatchGuard and its subcontractors, subsidiaries and other affiliates harmless from and against any and all damages, losses, liabilities, and expenses (including reasonable fees and expenses of attorneys) arising from any actual or threatened third-party claim, demand, action, or proceeding arising from or related to (a) Customer-Provided Equipment, Customer Data, or Non- WatchGuard Content, including any claim, demand, action, or proceeding alleging that any such equipment, data, or materials (or the integration or use thereof with the Products and Services) infringes or misappropriates a third-party intellectual property or other right, violates applicable law, or breaches the Agreement, (b) Customer-Provided Equipment meet the minimum requirements set forth in the applicable Documentation or match the applicable specifications provided to WatchGuard by Customer in connection with the Products or Services; (c negligence or willful misconduct; and (d) C Agreement. This indemnity will not apply to the extent any such claim is caused by WatchGuard use of Customer-Provided Equipment, Customer Data, or Non-WatchGuard Content in violation of the Agreement. WatchGuard will give Customer prompt, written notice of 9 any claim subject to the foregoing indemnity. WatchGuard will, at its own expense, cooperate with Customer in its defense or settlement of the claim. 8. Limitation of Liability. 8.1. DISCLAIMER OF CONSEQUENTIAL DAMAGES. EXCEPT FOR PERSONAL INJURY OR DEATH, WATCHGUARD, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, WATCHGUARD PARTIES CONNECTION WITH THIS AGREEMENT (WHETHER UNDER WATCHGUARD INDEMNITY OBLIGATIONS, A CAUSE OF ACTION FOR BREACH OF CONTRACT, UNDER TORT THEORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS OR REVENUES, EVEN IF WATCHGUARD HAS BEEN ADVISED BY CUSTOMER OR ANY THIRD PARTY OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND WHETHER OR NOT SUCH DAMAGES OR LOSSES ARE FORESEEABLE. 8.2. DIRECT DAMAGES. EXCEPT FOR PERSONAL INJURY OR DEATH, THE TOTAL AGGREGATE LIABILITY OF THE WATCHGUARD PARTIES, WHETHER BASED ON A CLAIM IN CONTRACT OR IN TORT, LAW OR EQUITY, RELATING TO OR ARISING OUT OF THE AGREEMENT WILL NOT EXCEED THE FEES SET FORTH IN THE ORDERING DOCUMENT UNDER WHICH THE CLAIM AROSE. NOTWITHSTANDING THE FOREGOING, FOR ANY SUBSCRIPTION SOFTWARE OR FOR ANY RECURRING SERVICES, THE WATCHGUARD PRODUCT OR RECURRING SERVICES IN THE AGGREGATE WILL NOT EXCEED THE TOTAL FEES PAID FOR SUCH SUBSCRIPTION SOFTWARE OR RECURRING SERVICE, AS APPLICABLE, DURING THE CONSECUTIVE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT FROM WHICH THE FIRST CLAIM AROSE. 8.3. ADDITIONAL EXCLUSIONS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, WATCHGUARD WILL HAVE NO LIABILITY FOR DAMAGES ARISING OUT OF (A) CUSTOMER DATA, INCLUDING ITS TRANSMISSION TO WATCHGUARD, OR ANY OTHER DATA AVAILABLE THROUGH THE PRODUCTS OR SERVICES; (B) CUSTOMER-PROVIDED EQUIPMENT, NON-WATCHGUARD CONTENT, THE SITES, OR THIRD-PARTY EQUIPMENT, HARDWARE, SOFTWARE, DATA, OR OTHER THIRD-PARTY MATERIALS, OR THE COMBINATION OF PRODUCTS AND SERVICES WITH ANY OF THE FOREGOING; (C) LOSS OF DATA OR HACKING; (D) MODIFICATION OF PRODUCTS OR SERVICES BY ANY PERSON OTHER THAN WATCHGUARD; (E) RECOMMENDATIONS PROVIDED IN CONNECTION WITH OR BY THE PRODUCTS AND SERVICES; (F) DATA RECOVERY SERVICES OR DATABASE MODIFICATIONS; OR (G) OR ANY AUTHORIZED BREACH OF THIS AGREEMENT OR MISUSE OF THE PRODUCTS AND SERVICES. 8.4. Voluntary Remedies. WatchGuard is not obligated to remedy, repair, replace, or refund the purchase price for the disclaimed issues in Section 8.3 Additional Exclusions above, but if WatchGuard agrees to provide Services to help resolve such issues, Customer will reimburse WatchGuard for its reasonable time and expenses, including by paying WatchGuard any Fees set forth in an Ordering Document for such Services, if applicable. 8.5. Statute of Limitations. Customer may not bring any claims against an WatchGuard Party in connection with this Agreement or the Products and Services more than one (1) year after the date of accrual of the cause of action. 10 9. Confidentiality. 9.1. Confidential Information Confidential Information -public Discloser Recipient under this Agreement in oral, written, graphic, machine recognizable, or sample form, being clearly designated, labeled or marked as confidential or its equivalent or that a reasonable businessperson would consider non-public and confidential by its nature. With respect to WatchGuard, Confidential Information will also include Products and Services, and Documentation, as well as any other information relating to the Products and Services. The nature and existence of this Agreement are considered Confidential Information of the Parties. In order to be considered Confidential Information, information that is disclosed orally must be identified as confidential at the time of disclosure and confirmed by Discloser by submitting a written document to Recipient within thirty (30) days after such disclosure. The written document must contain a summary of the Confidential Information disclosed with enough specificity for identification purpose and must be labeled or marked as confidential or its equivalent. 9.2. Obligations of Confidentiality. During the Term and for a period of three (3) years from the expiration or termination of this Agreement, Recipient will (a) not disclose Confidential Information to any third party, except as expressly permitted in this Section 9 - Confidentiality; (b) restrict disclosure of Confidential Information to only those employees (including, employees of any wholly owned subsidiary, a parent company, any other wholly owned subsidiaries of the same parent company), agents or consultants who must access the Confidential Information for the purpose of, and who are bound by confidentiality terms substantially similar to those in, this Agreement; (c) not copy, reproduce, reverse engineer, de-compile or disassemble any Confidential Information; (d) use the same degree of care as for its own information of like importance, but at least use reasonable care, in safeguarding against disclosure of Confidential Information; (e) promptly notify Discloser upon discovery of any unauthorized use or disclosure of the Confidential Information and take reasonable steps to regain possession of the Confidential Information and prevent further unauthorized actions or other breach of this Agreement; and (f) only use the Confidential Information as needed to fulfill its obligations and secure its rights under this Agreement. 9.3. Exceptions. Recipient is not obligated to maintain as confidential any information that Recipient can demonstrate by documentation (a) is publicly available at the time of disclosure or becomes available to the public without breach of this Agreement; (b) is lawfully obtained from a third party without a duty of confidentiality to Discloser; (c) is otherwise lawfully known to Recipient prior to such disclosure without a duty of confidentiality to Discloser; or (d) is independently developed by Recipient without the use of, or reference to, any of D Confidential Information or any breach of this Agreement. Additionally, Recipient may disclose Confidential Information to the extent required by law, including a judicial or legislative order or proceeding. 9.4. Ownership of Confidential Information. All Confidential Information is and will remain the property of Discloser and will not be copied or reproduced without the express written permission of Discloser (including as permitted herein). Within ten (10) days of receipt of uest, Recipient will return or destroy all Confidential Information to Discloser along with all copies and portions thereof, or certify in writing that all such Confidential Information has been destroyed. However, Recipient may retain (a) one (1) archival copy of the Confidential Information for use only in case of a dispute concerning this Agreement and (b) standard backup or recordkeeping procedures, provided, however that Recipient will remain 11 subject to the obligations of this Agreement with respect to any Confidential Information retained subject to clauses (a) or (b). No license, express or implied, in the Confidential Information is granted to the Recipient other than to use the Confidential Information in the manner and to the extent authorized by this Agreement. Discloser represents and warrants that it is authorized to disclose any Confidential Information it discloses pursuant to this Agreement. 10. Proprietary Rights; Data; Feedback. 10.1. Data Definitions Customer Contact Data WatchGuard collects from Customer, its Authorized Users, and their end users for business contact purposes, including marketing, advertising, licensing and sales Service Use Data Services or by WatchGuard s support of the Products and Services, including personal information, location, monitoring and recording activity, product performance and error information, activity logs and date and time of use; Customer Data and content, including images, text, videos, documents, audio, telemetry and structured data base records, provided by, through, or on behalf of Customer, its Authorized Users, and their end users through the use of the Products and Services. Customer Data does not include Customer Contact Data, Service Use Data, or information from publicly available sources or other Third-Party Data or WatchGuard Data; - means information obtained by WatchGuard from publicly available sources or its third party content providers and made available to Customer through the Products or Services; WatchGuard Data owned or licensed by WatchGuard; Feedback written form, given to WatchGuard by Customer or Authorized Users, including their end users, in connection with or relating to the Products or Services; and or means any operation or set of operations which is performed on personal information or on sets of personal information, whether or not by automated means, such as collection, recording, copying, analyzing, caching, organization, structuring, storage, adaptation, or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. 10.2. WatchGuard Materials. Customer acknowledges that WatchGuard may use or provide Customer with access to software, tools, data, and other materials, including designs, utilities, models, methodologies, systems, and specifications, which WatchGuard has developed or licensed from third parties (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de-compilations, disassemblies, or derivative works of the foregoing, whether made by WatchGuard or another party) WatchGuard Materials WatchGuard Data, Third-Party Data, and Documentation, are considered WatchGuard Materials. Except when WatchGuard has expressly transferred title or other interest to Customer by way of an Addendum or Ordering Document, the WatchGuard Materials are the property of WatchGuard or its licensors, and WatchGuard or its licensors retain all right, title and interest in and to the WatchGuard Materials (including, all rights in patents, copyrights, trademarks, trade names, trade secrets, know-how, other intellectual property and proprietary rights, and all associated goodwill and moral rights). For clarity, this Agreement does not grant to Customer any shared development rights in or to any WatchGuard Materials or other intellectual property, and Customer agrees to execute any documents and take any other actions reasonably requested by WatchGuard to effectuate the foregoing. WatchGuard and its licensors reserve all rights not expressly granted to Customer, and no rights, other than those expressly granted herein, are granted to Customer by implication, estoppel or otherwise. Customer will not modify, disassemble, reverse engineer, derive source code or create derivative works from, merge with other software, distribute, 12 sublicense, sell, or export the Products and Services or other WatchGuard Materials, or permit any third party to do so. 10.3. Ownership of Customer Data. Customer retains all right, title and interest, including intellectual property rights, if any, in and to Customer Data. WatchGuard acquires no rights to Customer Data except those rights granted under this Agreement including the right to Process and use the Customer Data as set forth in Section 10.4 Processing Customer Data below and in other applicable Addenda. The Parties agree that with regard to the Processing of personal information which may be part of Customer Data, Customer is the controller and WatchGuard is the processor, and may engage sub-processors pursuant to Section 10.4.3 Sub-processors. 10.4. Processing Customer Data. 10.4.1. WatchGuard Use of Customer Data. To the extent permitted by law, Customer grants WatchGuard and its subcontractors a right to use Customer Data and a royalty-free, worldwide, non-exclusive license to use Customer Data (including to process, host, cache, store, reproduce, copy, modify, combine, analyze, create derivative works from such Customer Data and to communicate, transmit, and distribute such Customer Data to third parties engaged by WatchGuard) to (a) perform Services and provide Products under the Agreement, (b) analyze the Customer Data to operate, maintain, manage, and improve WatchGuard Products and Services, and (c) create new products and services. Customer complete and final documented instructions to WatchGuard for the processing of Customer Data. Any additional or alternate instructions must be agreed to according to the Change Order process. Customer represents and warrants to WatchGuard WatchGuard as a processor or sub-processor, have been authorized by the relevant controller. 10.4.2. Collection, Creation, Use of Customer Data. Customer further represents and Customer Data (including in connection with WatchGuard Products and Services), and WatchGuard use of such Customer Data in accordance with the Agreement, will not violate any laws or applicable privacy notices or infringe any third-party rights (including intellectual property and privacy rights). Customer also represents and warrants that the Customer Data will be accurate and complete, and that Customer has obtained all required consents, provided all necessary notices, and met any other applicable legal requirements with respect to collection and use (including WatchGuard Customer Data as described in the Agreement. 10.4.3. Sub-processors. Customer agrees that WatchGuard may engage sub-processors who in turn may engage additional sub-processors to Process personal data in accordance with this Agreement. When engaging sub-processors, WatchGuard will enter into agreements with the sub-processors to bind them to data processing obligations to the extent required by law. 10.5. Data Retention and Deletion. Except for anonymized Customer Data, as described above, or as otherwise provided under the Agreement, WatchGuard will delete all Customer Data following termination or expiration of this MCA or the applicable Addendum or Ordering 13 Document, with such deletion to occur no later than ninety (90) days following the applicable date of termination or expiration, unless otherwise required to comply with applicable law. Any requests for the exportation or download of Customer Data must be made by Customer to WatchGuard in writing before expiration or termination, subject to Section 13.9 Notices. WatchGuard will have no obligation to retain such Customer Data beyond expiration or termination unless the Customer has purchased extended storage from WatchGuard through a mutually executed Ordering Document. 10.6. Service Use Data. Customer understands and agrees that WatchGuard may collect and use Service Use Data for its own purposes, including the uses described below. WatchGuard may use Service Use Data to (a) operate, maintain, manage, and improve existing and create new products and services, (b) test products and services, (c) to aggregate Service Use Data and combine it with that of other users, and (d) to use anonymized or aggregated data for marketing, research or other business purposes. Service Use Data may be disclosed to third WatchGuard collection and use of Service Use Data and to obtain any required consents, provide all necessary notices, and meet any other applicable legal requirements with respect to such collection and use, and Customer represents and warrants to WatchGuard that it has complied and will continue to comply with this Section. 10.7. Third-Party Data and WatchGuard Data. WatchGuard Data and Third-Party Data may be available to Customer through the Products and Services. Customer and its Authorized Users may use WatchGuard Data and Third-Party Data as permitted by WatchGuard and the applicable Third-Party Data provider, as described in the applicable Addendum. Unless expressly permitted in the applicable Addendum, Customer will not, and will ensure its Authorized Users will not: (a) use the WatchGuard Data or Third-Party Data for any purpose other than Custo ; (b) disclose the data to third parties; (c) sublicense, or commercially exploit the data in any manner; (d) use such data in violation of applicable laws; (e) remove, obscure, alter, or falsify any marks or proprietary rights notices indicating the source, origin, or ownership of the data; or (f) modify such data or combine it with Customer Data or other data or use the data to build databases. Additional restrictions may be set forth in the applicable Addendum. Any rights granted to Customer or Authorized Users with respect to WatchGuard Data or Third-Party Data will immediately terminate upon termination or expiration of the applicable Addendum, Ordering Document, or this MCA. Further, WatchGuard or the applicable Third-Party D WatchGuard Data or Third-Party Data if WatchGuard or such Third-Party D the Agreement, applicable law or WatchGuard agreement with the applicable Third-Party Data provider. Upon termination of any WatchGuard Data or Third-Party Data, Customer and all Authorized Users will immediately discontinue use of such data, delete all copies of such data, and certify such deletion to WatchGuard. Notwithstanding any provision of the Agreement to the contrary, WatchGuard will have no liability for Third-Party Data or WatchGuard Data available through the Products and Services. WatchGuard and its Third-Party Data providers reserve all rights in and to WatchGuard Data and Third-Party Data not expressly granted in an Addendum or Ordering Document. 10.8. Feedback. Any Feedback provided by Customer is entirely voluntary, and will not create any confidentiality obligation for WatchGuard, even if designated as confidential by Customer. WatchGuard may use, reproduce, license, and otherwise distribute and exploit the Feedback without any obligation or payment to Customer or Authorized Users and Customer represents 14 and warrants that it has obtained all necessary rights and consents to grant WatchGuard the foregoing rights. 10.9. Improvements; Products and Services. The Parties agree that, notwithstanding any provision of this MCA or the Agreement to the contrary, all fixes, modifications and improvements to the Services or Products conceived of or made by or on behalf of WatchGuard that are based either in whole or in part on the Feedback, Customer Data, or Service Use Data (or otherwise) are the exclusive property of WatchGuard and all right, title and interest in and to such fixes, modifications or improvements will vest solely in WatchGuard. Customer agrees to execute any written documents necessary to assign any intellectual property or other rights it may have in such fixes, modifications or improvements to WatchGuard. 11. Force Majeure; Delays Caused by Customer. 11.1. Force Majeure be responsible for nonperformance or delayed performance due to events outside of its reasonable control. If performance will be significantly delayed, the affected Party will provide notice to the other Party, and the Parties will agree (in writing) upon a reasonable extension to any applicable performance schedule. 11.2. Delays Caused by Customer. WatchGuard performance of the Products and Services will be excused for delays caused by Customer or its Authorized Users or subcontractors, or by failure of any assumptions set forth in this Agreement (including in any Addendum or Ordering Document). In the event of a delay under this Section 11.2 Delays Caused by Customer, (a) Customer will continue to pay the Fees as required hereunder, (b) the Parties will agree (in writing) upon a reasonable extension to any applicable performance schedule, and (c) Customer will compensate WatchGuard for its out-of-pocket costs incurred due to the delay (including those incurred by WatchGuard affiliates, vendors, and subcontractors). 12. Disputes. The Parties will use the following procedure to resolve any disputes relating to or arising out of this Dispute 12.1. Governing Law. All matters relating to or arising out of the Agreement are governed by the laws of the State of Texas, unless Customer is the United States Government (or an agency thereof), in which case all matters relating to or arising out of the Agreement will be governed by the laws of the State in which the Products and Services are provided. The terms of the U.N. Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act will not apply. 12.2. Negotiation; Mediation. Either Party may initiate dispute resolution procedures by Notice of Dispute resolve the Dispute promptly through good faith negotiations, including timely escalation of the Dispute to executives who have authority to settle the Dispute (and who are at a higher level of management than the persons with direct responsibility for the matter). If a Dispute is not resolved through negotiation, either Party may initiate mediation by sending a notice of Notice of Mediation mediator within thirty (30) days of such Notice of Mediation. Neither Party may unreasonably withhold consent to the selection of a mediator, but if the Parties are unable to agree upon a mediator, either Party may request that the American Arbitration Association nominate a mediator. Each Party will bear its own costs of mediation, but the Parties will share the cost of the mediator equally. Each Party will participate in the mediation in good faith and will be represented at the mediation by a business executive with authority to settle the Dispute. All in 15 person meetings under this Section 12.2 Negotiation; Mediation will take place in Dallas, Texas, and all communication relating to the Dispute resolution will be maintained in strict confidence by the Parties. Notwithstanding the foregoing, any Dispute arising from or relating to WatchGuard intellectual property rights will not be subject to negotiation or mediation in accordance with this Section, but instead will be decided by a court of competent jurisdiction, in accordance with Section 12.3 Litigation, Venue, Jurisdiction below. 12.3. Litigation, Venue, Jurisdiction. If the Dispute has not been resolved by mediation within sixty (60) days from the Notice of Mediation, either Party may submit the Dispute to a court of competent jurisdiction in the state in which the Products and Services are provided. . Each Party expressly consents to the exclusive jurisdiction of such courts for resolution of any Dispute and to enforce the outcome of any mediation. 13. General. 13.1. Compliance with Laws. Each Party will comply with applicable laws in connection with the performance of its obligations under this Agreement, including that Customer will ensure its with law (including privacy laws), and Customer will obtain any FCC and other licenses or authorizations (including licenses or authorizations required by foreign regulatory bodies) required for its and its es. WatchGuard may, at its discretion, cease providing or otherwise modify Products and Services (or any terms related thereto in an Addendum or Ordering Document), in order to comply with any changes in applicable law. 13.2. Audit; Monitoring. WatchGuard will have the right to monitor and audit use of the Products, which may also include access by WatchGuard to Customer Data and Service Use Data. Customer will provide notice of such monitoring to its Authorized Users and obtain any required consents, including individual end users, and will cooperate with WatchGuard in any monitoring or audit. Customer will maintain during the Term, and for two (2) years thereafter, accurate records relating to any software licenses granted under this Agreement to verify compliance with this Agreement. WatchGuard Auditor WatchGuard will pay expenses and costs of the Auditor, unless Customer is found to be in violation of the terms of the Agreement, in which case Customer will be responsible for such expenses and costs. 13.3. Assignment and Subcontracting. Neither Party may assign or otherwise transfer this Agreement without the prior written approval of the other Party. WatchGuard may assign or otherwise transfer this Agreement or any of its rights or obligations under this Agreement without consent (a) for financing purposes, (b) in connection with a merger, acquisition or sale of all or substantially all of its assets, (c) as part of a corporate reorganization, or (d) to a subsidiary corporation. Subject to the foregoing, this Agreement will be binding upon the Parties and their respective successors and assigns. 13.4. Waiver. A delay or omission by either Party to exercise any right under this Agreement will not be construed to be a waiver of such right. A waiver by either Party of any of the obligations to be performed by the other, or any breach thereof, will not be construed to be a waiver of any succeeding breach or of any other obligation. All waivers must be in writing and signed by the Party waiving its rights. 13.5. Severability. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such provision will be deemed to be 16 modified to reflect as nearly as possible the original intentions of the Parties in accordance with applicable law. The remaining provisions of this Agreement will not be affected, and each such provision will be valid and enforceable to the full extent permitted by applicable law. 13.6. Independent Contractors. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership, or formal business organization of any kind. 13.7. Third-Party Beneficiaries. The Agreement is entered into solely between, and may be enforced only by, the Parties. Each Party intends that the Agreement will not benefit, or create any right or cause of action in or on behalf of, any entity other than the Parties. Notwithstanding the foregoing, a licensor or supplier of third-party software included in the software Products will be a direct and intended third-party beneficiary of this Agreement. 13.8. Interpretation. The section headings in this Agreement are included only for convenience itions and not for or against either Party. 13.9. Notices. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address provided by the other Party by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as FedEx, UPS, or DHL), and will be effective upon receipt. 13.10. Cumulative Remedies. Except as specifically stated in this Agreement, all remedies provided for in this Agreement will be cumulative and in addition to, and not in lieu of, any other remedies available to either Party at law, in equity, by contract, or otherwise. Except as specifically stated in this Agreement, the election by a Party of any remedy provided for in this Agreement or otherwise available to such Party will not preclude such Party from pursuing any other remedies available to such Party at law, in equity, by contract, or otherwise. 13.11. Survival. The following provisions will survive the expiration or termination of this Agreement for any reason: Section 2.4 Customer Obligations; Section 3.4 Effect of Termination or Expiration; Section 4 Payment and Invoicing; Section 6.5 Warranty Disclaimer; Section 7.3 Customer Indemnity; Section 8 Limitation of Liability; Section 9 Confidentiality; Section 10 Proprietary Rights; Data; Feedback; Section 11 Force Majeure; Delays Caused by Customer; Section 12 Disputes; and Section 13 General. 13.12. Entire Agreement. This Agreement, including all Addenda and Ordering Documents, constitutes the entire agreement of the Parties regarding the subject matter hereto, and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be executed in multiple counterparts, and will have the same legal force and effect as if the Parties had executed it as a single document. The Parties may sign in writing or by electronic signature. An electronic signature, facsimile copy, or computer image of a signature, will be treated, and will have the same effect as an original signature, and will have the same effect, as an original signed copy of this document. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any Customer purchase order, acknowledgment, or other form will not be considered an amendment or 17 modification or part of this Agreement, even if a representative of each Party signs such document. The Parties hereby enter into this MCA, together with the attached (i) Equipment Purchase and Software License Addendum, (ii) Subscription Service Addendum, and (iii) Video-as-a-Service Addendum, as of the Effective Date. WatchGuard Video, Inc. Customer: [___________] By: ______________________________ By: ______________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: _____________________________ Date: ____________________________ Date: ____________________________ 1 Equipment Purchase and Software License Addendum EPSLA between WatchGuard Video, Inc., with offices at 415 E. Exchange Parkway, Allen, TX 75002 WatchGuard set forth in the signature block below or in the MCA Customer MCA Capitalized terms used in this EPSLA, but not defined herein, will have the meanings set forth in the MCA. 1. Addendum. Licensed Software (and, if set forth in an Ordering Document, related Services) from WatchGuard, and wi 2. Delivery of Equipment and Licensed Software. 2.1. Delivery and Risk of Loss. WatchGuard will provide to Customer the Products (and, if applicable, related Services) set forth in an Ordering Document, in accordance with the terms of the Agreement. WatchGuard will, using commercially reasonable practices, pack the ordered Equipment and ship such Equipment to the Customer address set forth in the applicable Ordering Document or otherwise provided by Customer in writing, using a carrier selected by WatchGuard. Notwithstanding the foregoing, delivery of Equipment (and any incorporated Licensed Software) will occur, and title and risk of loss for the Equipment will pass to Customer, (Incoterms 2020). Customer will pay all shipping costs, taxes, and other charges applicable to the shipment and import or export of the Products and Services, as applicable, and Customer will be responsible for reporting the Products for personal property tax purposes. Delivery of Licensed Software for installation on Equipment or Customer-Provided Equipment will occur upon the earlier of (a) electronic delivery of the Licensed Software by WatchGuard, and (b) the date WatchGuard otherwise makes the Software available for download by Customer. If agreed upon in an Ordering Document, WatchGuard will also provide Services related to such Products. 2.2. Delays. Any shipping dates set forth in an Ordering Document are approximate, and while WatchGuard will make reasonable efforts to ship Products by any such estimated shipping date, WatchGuard will not be liable for any delay or related damages to Customer. Time for delivery will not be of the essence, and delays will not constitute grounds for cancellation, penalties, termination, or a refund. 2.3. Beta Services. If WatchGuard makes any beta versio Beta Service discretion, provided, however, that Customer will use the Beta Service solely for purposes of vice, and for no other purpose. Customer acknowledges - warranties or other commitments or protections from WatchGuard. WatchGuard will determine the duration of the evaluation period for any Beta Service, in its sole discretion, and WatchGuard may discontinue any Beta Service at any time. Customer acknowledges that Beta Services, by their nature, have not been fully tested and may contain defects or deficiencies. 2 3. Licensed Software License and Restrictions. 3.1. Licensed Software License with the Agreement (including payment terms), WatchGuard hereby grants Customer and its Authorized Users a limited, non-transferable, non-sublicenseable, and non-exclusive license to use the Licensed Software identified in an Ordering Document, in object code form only, and the associated Documentation, solely in connection with the Equipment provided by WatchGuard or authorized Customer-Designated Products the Ordering Document, the foregoing license grant will be limited to the number of licenses set forth in the applicable Ordering Document and will continue for the life of the applicable Designated Product. Except as otherwise permitted in an applicable Addendum or Ordering Document, Customer may install, access, and use Licensed Software only in Cu or controlled facilities, including any authorized mobile sites; provided, however, that Authorized Users using authorized mobile or handheld devices may also log into and access the Licensed Software remotely from any location. 3.2. Subscription License Model. If the Parties mutually agree that any Licensed Software purchased under this EPSLA will be replaced with or upgraded to Subscription Software, then upon such time which the Parties execute the applicable Ordering Document, the licenses granted under this EPSLA will automatically terminate, and such Subscription Software will be governed by the terms of the applicable Addendum under this Agreement. 3.3. End User Licenses. Notwithstanding any provision to the contrary in the Agreement, certain Licensed Software is governed by a separate license, EULA, or other agreement, including terms governing third-party equipment or software, such as open source software, included in the Products and Services. Customer will comply, and ensure its Authorized Users comply, with any such additional terms applicable to third-party equipment or software. 3.4. Customer Restrictions. Customers and Authorized Users will comply with the applicable Documentation in connection with their use of the Products. Customer will not and will not allow others, including the Authorized Users, to: (a) make the Licensed Software available for use by unauthorized third parties, including via a commercial rental or sharing arrangement; (b) reverse engineer, disassemble, or reprogram the Licensed Software or any portion thereof to a human- readable form; (c) modify, create derivative works of, or merge the Licensed Software with other software or equipment; (d) copy, reproduce, distribute, lend, lease, or transfer the Licensed Software or Documentation for or to any third party without the prior express written permission of WatchGuard; (e) take any action that would cause the Licensed Software or Documentation to be placed in the public domain; (f) use the Licensed Software to compete with WatchGuard; or (g) remove, alter, or obscure, any copyright or other notice. 3.5. Copies. Customer may make one (1) copy of the Licensed Software solely for archival, back-up, or disaster recovery purposes during the term of the applicable Licensed Software license. Customer may make as many copies of the Documentation reasonably required for the internal use of the License otherwise authorized by WatchGuard in writing, Customer will not, and will not enable or allow any third party to: (a) install a licensed copy of the Licensed Software on more than one (1) unit of a Designated Product; or (b) copy onto or transfer Licensed Software installed in a unit of a Designated Product onto another device. Customer may temporarily transfer Licensed Software installed on a Designated Product to another device if the Designated Product is inoperable or malfunctioning, if Customer provides written notice to WatchGuard of the 3 temporary transfer and identifies the device on which the Licensed Software is transferred. Temporary transfer of the Licensed Software to another device must be discontinued when the original Designated Product is returned to operation and the Licensed Software must be removed from the other device. Customer must provide prompt written notice to WatchGuard at the time temporary transfer is discontinued. 3.6. Resale of Equipment. Equipment contains embedded Licensed Software. If Customer desires to sell its used Equipment to a third party, Customer must first receive prior written authorization from WatchGuard and obtain written acceptance of the applicable Licensed Software license terms, including the obligation to pay relevant license fees, from such third party. 4. Term. 4.1. Term EPSLA Term Effective Date of the MCA, if this EPSLA is attached to the MCA as of such Effective Date, or (b) the EPSLA Date set forth on the signature page below, if this EPSLA is executed after the MCA Effective Date, and will continue until the later of (i) three (3) years after the first order for Products is placed via an Ordering Document, or (ii) the expiration of all applicable warranty periods (as set forth in Section 6.1 WatchGuard Warranties below) under this EPSLA, unless this EPSLA or the Agreement is earlier terminated in accordance with the terms of the Agreement. 4.2. Termination. Notwithstanding the termination provisions of the MCA, WatchGuard may terminate this EPSLA (and any Ordering Documents hereunder) immediately upon notice to Customer if Customer breaches Section 3 Licensed Software License and Restrictions of this EPSLA, or any other provision related to Licensed Software license scope or restrictions set forth in an Ordering Document, EULA, or other applicable Addendum. For clarity, upon termination or expiration of the EPSLA Term, all WatchGuard obligations under this EPSLA (including with respect to Equipment and Licensed Software delivered hereunder) will terminate. If Customer desires to purchase additional Services in connection with such Equipment or Licensed Software, Customer may enter into a separate Addendum with WatchGuard, governing such Services. Customer acknowledges that WatchGuard made a considerable investment of resources in the development, marketing, and distribution of the Licensed will result in irreparable harm to WatchGuard for which monetary damages would be inadequate. If Licensee breaches this Agreement, in addition to termination, WatchGuard will be entitled to all available remedies at law or in equity, including immediate injunctive relief and repossession of all non- embedded Licensed Software and associated Documentation. 4.3. Equipment as a Service. In the event that Customer purchases any Equipment at a price below the MSRP for such Equipment in connection Customer entering into a fixed- or minimum required-term agreement for Subscription Software, and Customer or WatchGuard terminates the Agreement, this EPSLA, or other applicable Addendum (such as the Addendum governing the purchase of such Subscription Software) prior to the expiration of such fixed- or minimum required-term, then WatchGuard will have the right to invoice Customer for, and Customer will pay, the amount of the discount to the MSRP for the Equipment or such other amount set forth in the applicable Addendum or Ordering Document. This Section will not limit any other remedies WatchGuard may have with respect to an early termination. 5. Payment. Customer will pay invoices for the Products and Services provided under this EPSLA in accordance with the invoice payment terms set forth in the MCA. Generally, invoices 4 ware (in accordance with Section 2.1 Delivery and Risk of Loss), as applicable, but if a specific invoicing or payment schedule is set forth in the applicable Ordering Document, EULA or other Addendum, such schedule will control with respect to the applicable Products and Services referenced therein. WatchGuard will have the right to suspend future deliveries of Products and Services if Customer fails to make any payments when due. 6. Representations and Warranties; Liability. 6.1. WatchGuard Warranties. Subject to the disclaimers and exclusions set forth in the MCA and this EPSLA, (a) for a period of one (1) year commencing upon the delivery of WatchGuard- manufactured Equipment under Section 2.1 Delivery and Risk of Loss, WatchGuard represents and warrants that such WatchGuard-manufactured Equipment, under normal use, will be free from material defects in materials and workmanship; (b) to the extent permitted by the providers of third-party software or hardware included in the Products and Services, WatchGuard will pass through to Customer any warranties provided by such third parties, which warranties will apply for the period defined by the applicable third party; and (c) for a period of ninety (90) days commencing upon the delivery of WatchGuard-owned Licensed Software under Section 2.1 Delivery and Risk of Loss, WatchGuard represents and warrants that such Licensed Software, when used in accordance with the Documentation and the Agreement, will be free from reproducible defects that prevent operation of features critical to the primary functionality or successful operation of the WatchGuard-developed Licensed Software (as determined by WatchGuard). The warranty set forth in subsection (c) will be referred to as the WatchGuard Licensed Software Warranty any breach of the WatchGuard Licensed Software Warranty, WatchGuard will use commercially reasonable efforts to remedy the material defect in the applicable Licensed Software; provided, however, that if WatchGuard does not remedy such material defect within a reasonable time, functionally-equivalent software, provide substitute software to Customer, or terminate the applicable software license and refund any paid license fees to Customer on a pro-rata basis. For clarity, the WatchGuard Licensed Software Warranty applies only to the most current version of the Licensed Software issued by WatchGuard, and issuance of updated versions of any Licensed Software does not result in a renewal or extension of the WatchGuard Licensed Software Warranty beyond the ninety (90) day warranty period. 6.2. ADDITIONAL EXCLUSIONS. IN ADDITION TO THE EXCLUSIONS FROM DAMAGES SET FORTH IN THE MCA, AND NOTWITHSTANDING ANY PROVISION OF THE AGREEMENT TO THE CONTRARY, WATCHGUARD WILL HAVE NO LIABILITY FOR (A) DEFECTS IN OR DAMAGE TO PRODUCTS RESULTING FROM USE OTHER THAN IN THE NORMAL AUTHORIZED MANNER, OR FROM ACCIDENT, LIQUIDS, OR NEGLECT; (B) TESTING, MAINTENANCE, REPAIR, INSTALLATION, OR MODIFICATION BY PARTIES OTHER THAN WATCHGUARD; (C) OR ANY AUTHORIZED FAILURE TO COMPLY WITH INDUSTRY AND OSHA OR OTHER LEGAL STANDARDS; (D) DAMAGE TO RADIO ANTENNAS, UNLESS CAUSED BY DEFECTS IN MATERIAL OR WORKMANSHIP; (E) EQUIPMENT WITH NO SERIAL NUMBER; (F) BATTERIES OR CONSUMABLES; (G) FREIGHT COSTS FOR SHIPMENT TO REPAIR DEPOTS; (H) COSMETIC DAMAGE THAT DOES NOT AFFECT OPERATION; (I) NORMAL WEAR AND TEAR; (J) ISSUES OR OBSOLESCENCE OF LICENSED SOFTWARE DUE TO CHANGES IN CUSTOMER OR AUTHORIZED USER REQUIREMENTS, EQUIPMENT, OR SYSTEMS; (K) TRACKING AND LOCATION-BASED SERVICES; OR (L) BETA SERVICES. 5 6.3.Voluntary Remedies. WatchGuard is not obligated to remedy, repair, replace, or refund the purchase price for the disclaimed or excluded issues in the MCA or Section 6.2 Additional Exclusions above, but if WatchGuard agrees to provide Services to help resolve such issues, Customer will reimburse WatchGuard for its reasonable time and expenses, including by paying WatchGuard any Fees set forth in an Ordering Document for such Services, if applicable. 7. Copyright Notices. The existence of a copyright notice on any Licensed Software will not be construed as an admission or presumption of publication of the Licensed Software or public disclosure of any trade secrets associated with the Licensed Software. 8. Survival.The following provisions will survive the expiration or termination of this EPSLA for any reason: Section 3 Licensed Software License and Restrictions;Section 4 Term;Section 5 Payment;Section 6.2 Additional Exclusions;Section 8 Survival. 1 Subscription Software Addendum This Subscription Software SSA WatchGuard Video, Inc., with offices at 415 E. Exchange Parkway, Allen, TX 75002 WatchGuard Customer will be subject to, and governed by, the terms of the Master Customer Agreement entered into between the Parties, effective as of [________] MCA Capitalized terms used in this SSA, but not defined herein, will have the meanings set forth in the MCA. 1. Addendum. Software (and, if set forth in an Ordering Document, related Services) from WatchGuard, and will form part of the Additional Subscription Software-specific Addenda or other terms and conditions may apply to certain Subscription Software, where such terms are provided or presented to Customer. 2. Delivery of Subscription Software. 2.1. Delivery. During the applicable Subscription Term (as defined below), WatchGuard will provide to Customer the Subscription Software set forth in an Ordering Document, in accordance with the terms of the Agreement.WatchGuard will provide Customer advance notice (which may be provided electronically) of any planned downtime. Delivery will occur upon Software or upon WatchGuard otherwise providing access to the Subscription Software. If agreed upon in an Ordering Document, WatchGuard will also provide Services related to such Subscription Software. 2.2. Modifications. In addition to other rights to modify the Products and Services set forth in the MCA, WatchGuard may modify the Subscription Software, any associated recurring Services and any related systems so long as their functionality (as described in the applicable Ordering Document) is not materially degraded. Documentation for the Subscription Software may be updated to reflect such modifications. For clarity, new features or enhancements that are added to any Subscription Software may be subject to additional Fees. 2.3. User Credentials. If applicable, WatchGuard will provide Customer with administrative user credentials for the Subscription Software, and Customer will ensure such administrative proper use. Customer will protect, and will cause its Authorized Users to protect, the confidentiality and security of all user credentials, including any administrative user credentials, and maintain user credential validity, including by updating passwords. Customer will be liable for any use of the Subscription Software through such user credential (including through any administrative user credentials), including any changes made to the Subscription Software or issues or user impact arising therefrom. To the extent WatchGuard provides Services to Customer in order to help resolve issues resulting from changes made to the Subscription Software through user credentials, including through any administrative user credentials, or issues otherwise created by Authorized Users, such Services will be billed to Customer on a time and materials basis, and Customer will pay all invoices in accordance with the payment terms of the MCA. 2.4. Beta Services. If WatchGuard Beta Service Service at its own discretion, provided, however, that Customer will use the Beta Service solely for purposes of 2 . Customer acknowledges -i warranties or other commitments or protections from WatchGuard. WatchGuard will determine the duration of the evaluation period for any Beta Service, in its sole discretion, and WatchGuard may discontinue any Beta Service at any time. Customer acknowledges that Beta Services, by their nature, have not been fully tested and may contain defects or deficiencies. 3. Subscription Software License and Restrictions. 3.1. Subscription Software License compliance with the Agreement, including payment terms, WatchGuard hereby grants Customer and its Authorized Users a limited, non-transferable, non-sublicenseable, and non-exclusive license to use the Subscription Software identified in an Ordering Document, and the associated will be limited to use in the territory and to the number of licenses set forth in an Ordering Document (if applicable), and will continue for the applicable Subscription Term. Customer may access, and use the Subscription Software including any authorized mobile sites; provided, however, that Authorized Users using authorized mobile or handheld devices may also log into and access the Subscription Software remotely from any location. No custom development work will be performed under this Addendum. 3.2. End User Licenses. Notwithstanding any provision to the contrary in the Agreement, certain Subscription Software is governed by a separate license, EULA, or other agreement, including terms governing third-party software, such as open source software, included in the Subscription Software. Customer will comply, and ensure its Authorized Users comply, with such additional license agreements. 3.3. Customer Restrictions. Customers and Authorized Users will comply with the applicable Documentation and the copyright laws of the United States and all other relevant jurisdictions (including the copyright laws where Customer uses the Subscription Software) in connection with their use of the Subscription Software. Customer will not, and will not allow others including the Authorized Users, to make the Subscription Software available for use by unauthorized third parties, including via a commercial rental or sharing arrangement; reverse engineer, disassemble, or reprogram software used to provide the Subscription Software or any portion thereof to a human-readable form; modify, create derivative works of, or merge the Subscription Software or software used to provide the Subscription Software with other software; copy, reproduce, distribute, lend, or lease the Subscription Software or Documentation for or to any third party; take any action that would cause the Subscription Software, software used to provide the Subscription Software, or Documentation to be placed in the public domain; use the Subscription Software to compete with WatchGuard; remove, alter, or obscure, any copyright or other notice; share user credentials (including among Authorized Users); use the Subscription Software to store or transmit malicious code; or attempt to gain unauthorized access to the Subscription Software or its related systems or networks. 4. Term. 4.1. Subscription Terms. Software and any associated recurring Services ordered under this SSA (or the first Subscription Software or recurring Service, if multiple are ordered at once) will commence upon delivery of such Subscription Software (and recurring Services, if applicable) and will continue for a twelve (12) month period or such longer period identified in an Ordering Document (the 3 Initial Subscription Period Period subscription to the Subscription Software and any recurring Services will automatically renew for Renewal Subscription Year Party notifies the other Party of its intent not to renew at least thirty (30) days before the conclusion of the then-current Subscription Term. (The Initial Subscription Period and each Renewal Subscription Year will Subscription Term WatchGuard may increase Fees prior to any Renewal Subscription Year. In such case, WatchGuard will notify Customer of such proposed increase no later than thirty (30) days prior to commencement of such Renewal Subscription Year. Unless otherwise specified in the applicable Ordering Document, if Customer orders any additional Subscription Software or recurring Services under this SSA during an in-process Subscription Term, the subscription for each new Subscription Software or recurring Service will (a) commence upon delivery of such Subscription Software or recurring Service, and continue until the conclusion of Custom then-Partial Subscription Year Renewal Subscription Years thereafter, unless either Party notifies the other Party of its intent not to renew at least thirty (30) days before the conclusion of the then-current Subscription Term. Thus, unless otherwise specified in the applicable Ordering Document, the Subscription Terms for all Subscription Software and recurring Services hereunder will be synchronized. 4.2. Term SSA Term Effective Date of the MCA, if this SSA is attached to the MCA as of such Effective Date, or (b) the SSA Date set forth on the signature page below, if this SSA is executed after the MCA Effective Date, and will continue until the expiration or termination of all Subscription Terms under this SSA, unless this SSA or the Agreement is earlier terminated in accordance with the terms of the Agreement. 4.3. Termination. Notwithstanding the termination provisions of the MCA, WatchGuard may terminate this SSA (or any Addendum or Ordering Documents hereunder), or suspend delivery of Subscription Software or Services, immediately upon notice to Customer if (a) Customer breaches Section 3 Subscription Software License and Restrictions of this SSA, or any other provision related to Subscription Software license scope or restrictions set forth in an Addendum or Ordering Document Software poses, or may pose, a security or other risk or adverse impact to any Subscription WatchGuard, WatchGuard Software, systems, or any third party (including other WatchGuard customers). Customer acknowledges that WatchGuard made a considerable investment of resources in the development, marketing, and distribution of the Subscription Software and to WatchGuard for which monetary damages would be inadequate. If Customer breaches this Agreement, in addition to termination, WatchGuard will be entitled to all available remedies at law or in equity (including immediate injunctive relief). 4.4. Wind Down of Subscription Software. In addition to the termination rights in the MCA, WatchGuard may terminate any Ordering Document and Subscription Term, in whole or in part, in the event WatchGuard plans to cease offering the applicable Subscription Software or Service to customers. 5. Payment. 5.1. Payment. Unless otherwise provided in an Ordering Document (and notwithstanding the provisions of the MCA), Customer will prepay an annual subscription Fee set forth in an 4 Ordering Document for each Subscription Software and associated recurring Service, before the commencement of each Subscription Term. For any Partial Subscription Year, the applicable annual subscription Fee will be prorated based on the number of months in the Partial Subscription Year. The annual subscription Fee for Subscription Software and associated recurring Services may include certain one-time Fees, such as start-up fees, license fees, or other fees set forth in an Ordering Document. WatchGuard will have the right to suspend the Subscription Software and any recurring Services if Customer fails to make any payments when due. 5.2. License True-Up. WatchGuard will have the right to conduct an audit of total user licenses credentialed by Customer for any Subscription Software during a Subscription Term, and Customer will cooperate with such audit. If WatchGuard of the Subscription Software during the applicable Subscription Term exceeded the total number of licenses purchased by Customer, WatchGuard may invoice Customer for the additional licenses used by Customer, pro-rated for each additional license from the date such license was activated, and Customer will pay such invoice in accordance with the payment terms in the MCA. 6. Liability. 6.1. ADDITIONAL EXCLUSIONS. IN ADDITION TO THE EXCLUSIONS FROM DAMAGES SET FORTH IN THE MCA, AND NOTWITHSTANDING ANY PROVISION OF THE AGREEMENT TO THE CONTRARY, WATCHGUARD WILL HAVE NO LIABILITY FOR (A) INTERRUPTION OR FAILURE OF CONNECTIVITY, VULNERABILITIES, OR SECURITY EVENTS; (B) DISRUPTION OF OR DAMAGE TO OR THIRD SYSTEMS, EQUIPMENT, OR DATA, INCLUDING DENIAL OF ACCESS TO USERS, OR SHUTDOWN OF SYSTEMS CAUSED BY INTRUSION DETECTION SOFTWARE OR HARDWARE; (C) AVAILABILITY OR ACCURACY OF ANY DATA AVAILABLE THROUGH THE SUBSCRIPTION SOFTWARE OR SERVICES, OR INTERPRETATION, USE, OR MISUSE THEREOF; (D) TRACKING AND LOCATION-BASED SERVICES; OR (E) BETA SERVICES. 6.2. Voluntary Remedies. WatchGuard is not obligated to remedy, repair, replace, or refund the purchase price for the disclaimed or excluded issues in the MCA or Section 6.1 Additional Exclusions above, but if WatchGuard agrees to provide Services to help resolve such issues, Customer will reimburse WatchGuard for its reasonable time and expenses, including by paying WatchGuard any Fees set forth in an Ordering Document for such Services, if applicable. 7. WatchGuard as a Controller or Joint Controller. In all instances where WatchGuard acts as a controller of data, it will comply with the applicable provisions of the Motorola Privacy Statement at https://www.motorolasolutions.com/en_us/about/privacy- policy.html#privacystatement as may be updated from time to time. WatchGuard holds all Customer Contact Data as a controller and shall Process such Customer Contact Data in accordance with the Motorola Privacy Statement. In instances where WatchGuard is acting as a joint controller with Customer, the Parties will enter into a separate Addendum to the Agreement to allocate the respective roles as joint controllers. 5 8. Survival.The following provisions will survive the expiration or termination of this SSA for any reason: Section 4 Term; Section 5 Payment;Section 6.1 Additional Exclusions;Section 8 Survival.1 WATCHGUARD CONFIDENTIAL 1 Video as a Service Addendum This Video as a Service Addendum (this VSA ) is entered into between WatchGuard Video, Inc., with offices at 415 E. Exchange Parkway, Allen, TX 75002 WatchGuard Customer will be subject to, and governed by, the terms of the Master Customer Agreement entered into between the Parties, effective as of [________] MCA , and the applicable Addenda. Capitalized terms used in this VSA, but not defined herein, will have the meanings set forth in the MCA or the applicable Addenda. 1. Addendum. This VSA participation in WatchGuard -as-a- Service Program VaaS Program . In addition to the MCA, other Addenda may be applicable to Products offered as part of the VaaS Program, including the Subscription Software Addendum SSA , with respect to Subscription Software, and the Equipment Purchase and Software License EPSLA , with respect to Licensed Software and Equipment, as each of those terms are defined therein, and as further described below. This VSA will control with respect to conflicting terms in the MCA or any other applicable Addendum, but only as applicable to the Products purchased under this VSA and not with respect to other Products or Services. 2. Equipment. All hardware provided by WatchGuard to Customer under the VaaS Program Equipment subject to the terms of the EPSLA. Additionally, the following terms and conditions apply to any Equipment purchased under the VaaS Program: 2.1. Technology Refresh. All body cameras and associated batteries purchased under the VaaS Program Body Cameras are eligible for a one-time replacement at no additional cost to the Customer during the three (3) year period following the date of delivery of the initial Body Cameras and associated batteries provided under the VaaS Program. In order to receive any replacement Body Camera applicable under this Section 2.1.1 Technology Refresh, Customer must return the existing Body Camera to WatchGuard in working condition. The corresponding replacement Body Camera will be the then-current model of the Body Camera at the same tier as the Body Camera that is returned to WatchGuard. For clarity, any other Equipment received by Customer as part of the VaaS Program, other than Body Cameras, will not be eligible for a technology refresh hereunder. 2.2. No-Fault Warranty. Subject to the disclaimers set forth in the MCA and EPSLA, upon delivery of any Equipment purchased as part of the VaaS Program, WatchGuard will provide a No-fault Warranty to Customer for such Equipment that extends until the end of the Commitment Term (as defined below) applicable to such Equipment; except that the No-fault Warranty will not apply to (i) any Equipment with intentionally altered or removed serial numbers. (ii) any other damages disclaimed under the MCA or EPSLA, or (iii) any Equipment that WatchGuard determines was changed, modified, or repaired by Customer or any third party. The No-fault Warranty means that WatchGuard will repair or replace any Equipment components or parts that render the applicable Equipment unable to perform its intended purpose. With respect to any batteries in Body Cameras, a battery will be considered faulty and covered under this No-fault Warranty if it falls below sixty percent (60%) of rated capacity. 2.3. Commitment Term. Customer accepts that following the delivery of any Equipment under the VaaS Program, Customer commits to a five (5) year subscription term for such Equipment at the rate provided in the Ordering Document Initial Commitment Term . If Customer, for any reason, terminates any of its obligations to WatchGuard prior to expiration of the applicable Commitment Term (as defined below), Customer will be subject to the payments described in Section 4.3. Termination hereunder. WATCHGUARD CONFIDENTIAL 2 2.4. Additional Devices. Any additional Equipment, including any accessory items, may be subject to an incremental increase in Fees. In the event Customer orders additional Equipment under the VaaS Program within the ninety (90) days immediately following its initial purchase, such Equipment will be included in and subject to the Initial Commitment Term. Any additional Equipment purchased under the VaaS Program subsequent to such ninety- (90) day period, will commence an additional subscription term commitment for such Equipment of five (5) years Subsequent Commitment Term pect to the monthly Fee associated with such additional Equipment. For purposes of this Addendum, the Initial Commitment Term and each Subsequent Commitment Term are each also referred to herein as a Commitment Term . 3. Subscription Software. 3.1. EvidenceLibrary.com. Subject to Section 4.1 VaaS Term, the VaaS Program provides Customer with a subscription to EvidenceLibrary.com Evidence Management System ELC during the VSA Term (as defined below), the use of which is subject to the SSA. will include unlimited users, Unlimited Storage (as defined below) and unlimited sharing, provided any media or data uploaded to ELC is done so using WatchGuard Equipment actively enrolled in the VaaS Program. Following expiration of the applicable Commitment Term, if Customer desires to continue use of expired Equipment with ELC, Customer must purchase additional access to ELC based on WatchGuard or WatchGuard may disconnect connectivity of any expired Equipment to ELC. 3.2. Unlimited Storage. The storage available to Customer in ELC under the VaaS Program Unlimited Storage is as follows: (a) a one- (1) year storage period for non- evidentiary recordings; and (b) a ten- (10) year storage period for evidentiary recordings; provided, however, that storage is only available for video recordings that are recorded in an event-based setting where users are not recording an entire shift under one video footage. For trial or regulatory hearing. 3.3. CommandCentral. For each Body Camera, in-car system or integrated system purchased, Customer will receive one user license CommandCentral, which provides access to CC Community, CC Capture, CC Vault and CC Records. If the Customer requires additional licenses to CommandCentral they must be purchased for an additional fee. 3.4. Applicable End User Terms. Additional license terms apply to third-party software included in CommandCentral Products. Specifically, Customer agrees that the ESRI terms and conditions available at [ADD LINK] and the Microsoft terms and conditions available at [ADD LINK] f such Products. Customer will comply, and ensure its Authorized Users comply, with all such additional license terms. 3.5. In-Car System. If Customer -car system, Customer will receive a subscription to WatchGuard CarDetector Mobile during the VSA Term, the use of which is subject to the SSA. 3.6. Vigilant Access. Customer may opt for subscription to additional Subscription Software, including use of the Law Enforcement Archival Network (LEARN ), which is subject to the SSA and any additional terms governing the use of LEARN. If Customer purchases a subscription to commercial license plate recognition data, then Customer will execute and agree to the terms of WatchGuard IDP Agreement. WATCHGUARD CONFIDENTIAL 3 3.7. License Plate Recognition Data. License plate recognition (LPR ) data collected by Customer is considered Customer Data (as defined in the MCA) and is therefore subject to the own retention policy. Customer, at its option, may share its LPR data with other similarly situated Law Enforcement Agencies (LEAs ) which contract with Vigilant to access LEARN by selecting this option within LEARN. Other similarly situated LEAs may similarly opt to share their LPR data with Customer using LEARN. Such LPR data generated by other LEAs is considered Third-Party Data (as defined in the MCA), is governed by the retention policy of the respective LEA, and shall be used by Customer only in connection with its use of LEARN. LPR data that has reached its expiration date will be deleted from LEARN. Only individuals who are agents and/or sworn officers of Customer and who are authorized by Customer to access LEARN on behalf of Customer through login credentials provided by Custo User Eligibility Requirements Vigilant in its sole discretion may deny Requirements. Customer will ensure no user logins are provided to agents or officers of other local, state, or Federal LEAs without the express written consent of Vigilant. Customer will be credentials, including ensuring their compliance with this Agreement. 3.8. Support of Downloaded Clients. If Customer purchases any software Product that requires a client installed locally on Customer-Provided Equipment or Equipment in possession of Customer, Customer will be responsible for downloading and installing the current version of such client, as it may be updated from time to time. WatchGuard will use reasonable efforts to continue supporting any version of a client for forty-five (45) days following its release, but WatchGuard may update the current version of its client at any time, including for bug fixes, product improvements, and feature updates, and WatchGuard makes no representations or warranties that any software Product will support prior versions of a client. 3.9. CJIS Security Policy. WatchGuard CJIS Security Policy and will comply with the terms of the CJIS Security Addendum for the term of the Addendum or Ordering Document for the applicable Product. Customer hereby consents to WatchGuard Policy for unscreened WatchGuard personnel that require access to unencrypted Criminal Justice Information for purposes of Product support and development. 4. System Completion. All Subscription Software sold at initial purchase under the VaaS Program Beneficial Use of ELC System Completion Date Beneficial Use of ELC, and in any event, the Parties agree that Beneficial Use of ELC will be deemed to have occurred thirty (30) days after functional demonstration. As used in this Section, Beneficial Use use by the customer or at least one (1) Authorized User of the material features and functionalities of a Product within a Software System, in material conformance with Product descriptions in the applicable Ordering Document. Any additional Subscription Software purchased under the VaaS Program will be deemed delivered credentials required for access to the Subscription Software or upon WatchGuard otherwise providing access to the Subscription Software. This Section applies to Products purchased as part of the VaaS Program notwithstanding the delivery provisions of the Addendum applicable to such Products, such as the SSA or EPSLA, and this Section will control over such other delivery provisions to the extent of a conflict. 5. Payment. Unless otherwise provided in an Ordering Document (and notwithstanding the provisions of the MCA), Customer will prepay a subscription Fee quarterly (each a Subscription WATCHGUARD CONFIDENTIAL 4 Quarter , as set forth in an Ordering Document. If Customer orders any additional Product(s) under the VaaS Program subsequent to the initial purchase by Customer, Fees for such additional Product will be added to the quarterly subscription Fee, and will be payable on the same Fee payment schedule as the initial Product purchased under the VaaS Program; provided, however, that for the first Subscription Quarter during which such additional Product is purchased, the subscription Fee for the applicable additional Product will be pro-rated based on the applicable number of days remaining in the such initial Subscription Quarter. 6. Term and Termination. 6.1. VaaS Term. will commence upon the System Completion Date under this VSA, and will continue through the end of the final Commitment Term hereunder. the Equipment purchased relative to that Commitment Term will expire, and Customer must download or transfer all Customer Data associated with the applicable Equipment within thirty (30) days following expiration unless Customer purchases extended access to ELC from WatchGuard at the prevailing rates. WatchGuard has no obligation to retain Customer data for expired Equipment beyond thirty (30) days following expiration of the applicable Commitment Term. For example, if Customer purchases 100 devices on January 1 of Year 1 of the VSA Term, and then 100 additional devices on January 1 of Year 3, on December 31 of Year 5 (i.e., the conclusion of the Initial Commitment Term) be discontinued, and Customer must purchase extended storage or transfer all Customer Data associated with the first 100 devices within thirty (30) days of expiration of the Initial Commitment Term. In the foregoing example, ELC access and data storage for the second 100 devices purchase will extend until December 31 of Year 7. 6.2. Term. The term of this VSA (VSA Term ) will commence upon either (a) the Effective Date of the MCA, if this VSA is attached to the MCA as of such Effective Date, or (b) the VSA Date set forth on the signature page below, if this SSA is executed after the MCA Effective Date, and will continue until the expiration or termination of the last Commitment Term, unless this VSA or the Agreement is earlier terminated in accordance with the terms of the Agreement. 6.3. Termination. The termination provisions applicable to the VaaS Program will be those set forth in the MCA, EPSLA and SSA, as applicable. If is terminated for any reason prior to the end of the Initial Commitment Term or any Subsequent Commitment Term, Customer will pay the pro-rated remainder of the aggregate Equipment MSRP price, calculated by multiplying the MSRP price of all Equipment purchased under the VaaS Program by the percentage resulting from dividing the number of months remaining in the Commitment Term applicable to such Equipment by sixty (60). In the event Customer purchased Equipment on multiple dates, resulting in separate Commitment Terms for certain Equipment, the preceding calculation will be made relative to the applicable Commitment Term for each Equipment order. For example, if Customer purchased $1,000 worth of Equipment on January 1 of Year 1 of the VSA Term, and then $1,000 worth of Equipment on January 1 of VaaS Program terminates on December 31 of Year 3, Customer will be required to repay: $1,000 x (24/60) + $1,000 x (36/60), which is equal to $1,000 in the aggregate. 7. DEMS Additional Terms. Use of and access to ELC will be subject to the additional terms and conditions set forth in the DEMS Exhibit attached hereto and incorporated herein. WATCHGUARD CONFIDENTIAL 5 8. Survival. The following provisions will survive the expiration or termination of this VSA for any reason: Section 3 Payment;Section 4 Term and Termination;Section 6 Survival.1 WATCHGUARD CONFIDENTIAL 1 DEMS EXHIBIT EVIDENCELIBRARY.COM The following DEMS Exhibit Exhibit Exhibit to the VSA and sets forth the terms ELC. If any term in this Exhibit conflicts with a term in the main body of the VSA or any other part of the Agreement, this Exhibit will control with respect to ELC 1. DATA STORAGE. WatchGuard will determine, in its sole discretion, the location of the stored content for ELC, provided that all content for North American Customers will reside within North America and all content for U.S. government Customers will reside within the United States. 2. DATA RETRIEVAL. ELC will leverage different types of storage to optimize ELC, as determined in WatchGuard audio files, WatchGuard will, in its sole discretion, determine the type of storage medium used to store the content. The type of storage and medium selected by WatchGuard will determine the data retrieval speed. Access to content in archival storage may take up to eight (8) hours to be viewable. 3. API SUPPORT. WatchGuard will use commercially reasonable efforts to maintain the Application Programming Interfac API ELC during the term of this Addendum. APIs will evolve and mature over time, requiring changes and updates. Previous versions of APIs will be supported for a minimum of six (6) months after a new version of the applicable API is introduced. If support of the API is no longer a commercially reasonable option, WatchGuard will provide reasonable advance notice to Customer. If an API presents a security risk to ELC or any other Product or Services, WatchGuard has the right to discontinue an API without prior warning. 4. SERVICE LEVEL TARGETS. MSI will use reasonable efforts to provide monthly availability of the ELC of 99.9%, with the exception of maintenance windows. There are many factors beyond WatchGuard control that may impact WatchGuard force majeure event. Additionally, WatchGuard will strive to meet the response time goals set forth in the table below. WATCHGUARD CONFIDENTIAL 2 RESPONSE TIME GOALS SEVERITY LEVEL DEFINITION RESPONSE TIME 1 Total System Failure - occurs when the System is not functioning and there is no workaround; such as a Central Server is down or when the workflow of an entire agency is not functioning. This level is meant to represent a major issue that results in an unusable System, Subsystem, Product, or critical features. No work around or immediate solution is available. Telephone conference within 1 Hour of initial voice notification 2 Critical Failure - Critical process failure occurs when a crucial element in the System that does not prohibit continuance of basic operations is not functioning and there is usually no suitable work-around. Note that this may not be applicable to intermittent problems. This level is meant to represent a moderate issue that limits a Subsystem, Product or major non-critical features. Telephone conference within 3 Business Hours of initial voice notification during normal business hours 3 Non-Critical Failure - Non-Critical part or component failure occurs when a System component is not functioning, but the System is still useable for its intended purpose, or there is a reasonable workaround. This level is meant to represent a minor issue that does not preclude use of the System, Subsystem, Product, or critical features. Telephone conference within 6 Business Hours of initial notification during normal business hours 4 Inconvenience - An inconvenience occurs when System causes a minor disruption in the way tasks are performed but does not stop workflow. This level is meant to represent very minor issues, such as cosmetic issues, documentation errors, general usage questions, and product or System Update requests. Telephone conference within 2 Standard Business Days of initial notification 5. MAINTENANCE. Scheduled maintenance of ELC will be performed periodically. WatchGuard will make commercially reasonable efforts to notify Customer a week in advance. Unscheduled and emergency maintenance may be required from time to time. WatchGuard will make commercially reasonable efforts to notify Customer of unscheduled or emergency WATCHGUARD CONFIDENTIAL 3 maintenance twenty-four (24) hours in advance. 6. WI-FI NETWORK REQUIREMENTS. 6.1 If any of the below items apply, additional Fees may apply: Customer's internet is through county/city IT, strict firewall policies, not able to install software on PC's; Customer requires multiple upload locations through different internet WatchGuards at each site; Customer has slow internet (<20MBps or higher for 4k video upload); Customer doesn't have Wi-Fi; Customer doesn't use Google Chrome or uses Google Chrome but has conflicting Chrome extensions; Customer requires multiple upload locations; Customer has multicast disabled on their wireless network; Customer wants to utilize MAC address filtering. 6.2 The following conditions are not supported: Wi-Fi AP's do not support 802.11AC; Customer AP does not support DNS-SD, and/or the Apple Bonjour suite. Attached Addenda to the Agreement - Equipment Purchase and Software License Addendum - Subscription Service Addendum - Video as a Service Addendum BROCHURE | COMMANDCENTRAL EVIDENCE COMMANDCENTRAL EVIDENCE DIGITAL EVIDENCE MANAGEMENT MAXIMIZE THE VALUE OF YOUR DIGITAL EVIDENCE Digital Evidence can be one of the most valuable tools when investigating and prosecuting cases. But the extreme volume, variety and velocity of data has made digital evidence management more complex for public safety agencies than ever before. This creates barriers for law enforcement professionals when collecting, storing, securing, managing, and sharing this critical information. You need to make sure your case isn’t put at risk by missing valuable content. There are, in fact, instances where cases that don’t include digital evidence may not be prosecuted at all — and missing digital evidence can result in a lawsuit. It’s time to revolutionize digital evidence management. CommandCentral Evidence includes all the tools you need to collect evidence from citizens, capture media on scene, and centralize digital evidence storage. With cloud, hybrid and on-premises deployments available, knock down the data silos in your operations with the ability to manage, view and securely share the entire case from a single location. BROCHURE | COMMANDCENTRAL EVIDENCE 2 ALL YOUR EVIDENCE IN ONE PLACE SOURCE-AGNOSTIC DIGITAL EVIDENCE MANAGEMENT COMMUNITY INTERACTION TOOLS Your community has valuable knowledge and can be a critical partner if you have the right tools to connect. Provide your citizens with the ability to share intelligence and be a true public safety partner with CommandCentral Community. These tools provide a secure way to collect evidence from the public, a safe place for anonymous tipping, and a channel to keep the public informed of local crime data — on your terms. FIELD RESPONSE APPLICATION Capture images, video and audio on scene with an Android or iOS mobile device. With CommandCentral Capture, all evidentiary data is isolated from personal data, making it inaccessible for tampering by other apps. The chain of custody is established at the moment of capture, so you never need to subpoena devices. The evidence is then automatically uploaded to CommandCentral Evidence for immediate use. Officers can also dictate their primary narrative directly from the app, saving valuable time with automated transcription. IN-CAR AND BODY CAMERAS Capture secure, unbiased video evidence with Motorola Solutions’ robust body-worn and in-car cameras. Driving out of the way to upload recorded video is expensive and unproductive. Keep patrol officers on the road with automatic, encrypted video uploads from in-car systems or WiFi- enabled body cameras directly to CommandCentral Evidence. Once the evidence is uploaded, synchronize playback so recorded video and audio from multiple devices can be seen and heard simultaneously. MULTI-FILE ASSET UPLOAD For multi-file evidence from physical media, the folder structure is just as important as the evidence itself. Maintain the integrity of the original evidence folder structure when you upload massive multi-file assets from physical media, such as DVDs, USBs and cellphones. This feature also saves on desktop storage, since it avoids uploading and downloading evidence as large zip files when needed for court. A security scan is run during the upload to protect against malware and other cyber threats. THIRD PARTY CONNECTORS Our public safety software suite is natively integrated with CommandCentral Evidence, making it easier to gather all of the content you need. But, even if you don’t leverage our applications, we also have a third party connector ecosystem that allows you to interface with the investments you’ve already made and maximize the value of the digital content they produce. We’ve interfaced with many vendors across the public safety technology landscape already, and can work with you and your vendors to get one built if needed. BROCHURE | COMMANDCENTRAL EVIDENCE With the influx of digital content, the last thing you need is to overwhelm your records and evidence teams with more to manage. CommandCentral Evidence minimizes the burden of new media by providing access to all case content from a single pane of glass, so you get the most out of your digital evidence. Whether it’s fixed surveillance, body-worn camera video, in-car video, crime scene images, 9-1-1 audio or radio traffic, it all needs to be reviewed and potentially shared to aid in prosecution. Ingest or access content from any source via native integrations to our own portfolio, 3rd party system connectors or manual file uploading. 3 BROCHURE | COMMANDCENTRAL EVIDENCE BUILD A STRONGER CASE If you’re like most agencies, siloed systems make it challenging to pull together a complete picture of a case in a timely manner for investigations. CommandCentral Evidence uses intelligent case folders that automatically aggregate all case data, so your detectives can focus on solving the crime. By leveraging agency-configurable tags, file metadata and correlation with your CAD and RMS, content is easier to search, manage and review. This saves time and resources that can be put to use on more value-added tasks. INTEGRATED RECORDS AND EVIDENCE MANAGEMENT COMMANDCENTRAL RECORDS CommandCentral Evidence is completely integrated with CommandCentral Records, providing a more complete picture of the incident. The incident record automatically identifies links to existing person or vehicle records in the primary narrative, notifies you of license plate recognition database matches, and enables you to securely share the entire case from one location. PREMIERONE AND SPILLMAN FLEX RECORDS View digital evidence directly from your existing on-premises PremierOne Records or Spillman Flex Records system via an integrated module, making it easier to access and review all case-related information from one user interface. THIRD PARTY CAD/RMS CORRELATION Correlate digital evidence to your third party CAD/RMS system, taking content organization to another level. By leveraging metadata and applying tags to your content, you can automate the association of case-identifying details and minimize manual data input. 4 GO TO COURT WITH CONFIDENCE SIMPLIFY JUDICIAL COLLABORATION JUDICIAL SHARING Quick, easy and secure sharing of case information with partners is critical. Keep partners up-to-date by providing them with an account for in-app sharing or access to a dedicated, streamlined page for prosecutors. This allows them to access all of the case content shared with them — even from multiple agencies — from one, secure location. AUDIT LOGGING If content can’t be authenticated and chain of custody kept unbroken, you risk your valuable evidence being dismissed. Detailed audit logging allows you to track all activity on or with a piece of content to ensure admissibility in court. DOWNLOAD MANAGER You may already have case sharing systems in place with your partners. Easily download content and audit logs to review and share. This allows you to leverage your agency’s existing investments, while still enjoying the benefits of CommandCentral Evidence. REDACTION SUITE Freedom of information requests are a reality of the job, but it doesn’t have to be inefficient. Our comprehensive redaction suite provides all the tools you need in one place to easily protect the privacy of those involved in an incident, while maintaining transparency to the public. Successful prosecutions rely heavily on digital evidence. Collaboration with prosecutors, agency partners and the community must be seamless. Evidence must be shared in a timely manner and be fully tracked and audited. Perhaps most importantly, the chain of custody must be preserved. CommandCentral Evidence provides the tools to achieve the proper criminal outcomes and maintain transparency by securely sharing the case with the chain of custody intact. BROCHURE | COMMANDCENTRAL EVIDENCE 5 COMMUNITY ENGAGEMENT Collect anonymous tips and gather digital evidence directly from citizens via a simple form or agency generated link. FIELD RESPONSE APPLICATION & VIDEO DEVICES Capture images, video and audio on scene with a mobile device, in-car, or body camera. DIGITAL EVIDENCE MANAGEMENT Aggregate and intelligently organize all digital evidence from a variety of systems in one place. RECORDS MANAGEMENT Easily view all incident information within one, intelligently organized user interface, including the associated digital evidence. JUDICIAL SHARING Securely share with prosecutors, other agencies and the community with chain of custody intact. STREAMLINE YOUR DIGITAL EVIDENCE WORKFLOW Knock down the data silos between your teams and tools with the confidence that every detail has been captured and no evidence left behind. From citizen to courtroom, intuitively collect, capture, manage and share all case content through one pane of glass that centralizes all evidence types for improved accuracy and collaboration. FROM CITIZEN TO COURTROOM BROCHURE | COMMANDCENTRAL EVIDENCE COLLECT COLLECT CAPTURE MANAGE STREAMLINE SHARE CAPTURE MANAGE STREAMLINE SHARE 6 TRANSFORM OPERATIONS WITH BIG DATA UNIFIED SEARCH You need to be able to find what you need, fast. Our free-text search makes it easier to find the content you’re looking for amongst the sea of images, audio, video, and other files. You can even filter and group based on tags and any other metadata attributes. Save frequent searches so they dynamically update with any new content. REPORTING Dive deeper into your body camera program with built-in reports and dashboards. These reports provide insight into body camera usage and adoption, such as average video length and volume, policy compliance, officer behavioral changes and storage trends to help estimate future storage needs. MACHINE LEARNING Officers dictate their narrative from CommandCentral Capture. The transcript becomes the primary narrative in CommandCentral Records, and machine learning automatically links any existing person, vehicle, organization or location records. SECURITY Sensitive content may need to be restricted from certain users, or investigative groups might need to be alerted to review assets for particular cases. Simplify both of these processes by controlling who can access what with detailed permissions, and flagging or marking for-review content that requires special attention. BROCHURE | COMMANDCENTRAL EVIDENCE You are faced with a ton of data — and it’s only continuing to increase. It’s structured and unstructured. It’s coming in from so many different sources that it’s easy to miss connections and trends. And no matter how much data you have, it won’t be useful unless you can put it to work for your organization. Big data can be transformative to operations if it can be centralized and harnessed to fuel analytics. CommandCentral Evidence was built on the Motorola Solutions Big Data Platform, a secure and certified cloud platform that unifies your data and enables powerful analytics. The more data you add to the common platform, the more powerful your operations become. Here are a few ways the Big Data Platform puts your data to work for you: 7 Motorola Solutions, Inc. 500 West Monroe Street, Chicago, Il 60661 U.S.A. motorolasolutions.com MOTOROLA, MOTO, MOTOROLA SOLUTIONS and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2021 Motorola Solutions, Inc. All rights reserved. 03-2021 For more information about CommandCentral Evidence, visit www.motorolasolutions.com/evidence We build software for mission-critical environments where every second matters. CommandCentral Evidence and other applications in our CommandCentral software suite unify data and streamline workflows from call to case closure in order to put your information to better use, improve safety for critical personnel and restore your focus on the communities you serve. Backed by a trusted, 90-year industry expert with proven public safety leadership, our suite is transforming the public safety experience with a focus on evolution, not revolution, in order to help you digitally transform your operation. NEXT-GENERATION EVOLUTION WITH A DEDICATED TECHNOLOGY LEADER COMMANDCENTRAL The industry’s most integrated public safety software suite from call to case closure. Incident Awareness Incident Management Post-Incident Resolution COMMUNITY ENGAGEMENT Citizen 911 Call Taker Dispatcher Intelligence Analyst Frontline Responder Records Specialist Crime Analyst Corrections Ofcer EMERGENCY CALL MANAGEMENT VOICE & COMPUTER AIDED DISPATCH REAL-TIME INTELLIGENCE OPERATIONS RECORDS & EVIDENCE MANAGEMENT ANALYSIS & INVESTIGATION JAIL & INMATE MANAGEMENT FIELD RESPONSE & REPORTING 8 YORKVILLE POLICE DEPARTMENT James Jensen, Chief of Police 804 Game Farm Road | Yorkville, Illinois 60560 Phone: 630-553-4340 | Fax: 630-553-1141 January 26, 2022 Motorola Solutions Inc. 415 E. Exchange Parkway. Allen, TX 75002 Re: Purchase of Motorola Body Camera Equipment This letter serves as authorization by the United City of Yorkville for Motorola Solutions to place an order for the mobile video equipment on the attached sheet for a purchase price of $147,187.00. The United City of Yorkville agrees to pay Motorola Solutions for the equipment “Net 30 days upon shipment” to: Yorkville Police Department 804 Game Farm Road Yorkville, IL 60560 Attention: Deputy Chief Ray Mikolasek When Motorola Solutions invoices the United City of Yorkville, the invoice should reference Quotation VH3-0034-06 and be sent to Deputy Chief Ray Mikolasek at the following address: Yorkville Police Department 804 Game Farm Road Yorkville, IL 60560 For taxation purposes, even if tax-exempt, the equipment sold to the United City of Yorkville will ultimately reside at the following address: Yorkville Police Department 804 Game Farm Road Yorkville, IL 60560 Payments can be authorized solely on this document. I submit that I am a duly authorized official of our entity and that my signature makes this a legal and binding document, and that funding has been encumbered for this order. YORKVILLE POLICE DEPARTMENT James Jensen, Chief of Police 804 Game Farm Road | Yorkville, Illinois 60560 Phone: 630-553-4340 | Fax: 630-553-1141 If you have any questions regarding this order, please feel free to contact Danny O’Shea Motorola ASM at 800-605-6734 or Daniel.oshea@motorolasolutions.com Sincerely, By: _________________________ Chief of Police James H. Jensen Yorkville Police 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 #1 Tracking Number ADM 2022-07 Audit Services – Request For Proposals (RFP) City Council – January 25, 2022 ADM – 01/19/22 Moved forward to City Council agenda. ADM 2022-07 Majority Approval Rob Fredrickson Finance Name Department Summary Review of audit RFP bids and discussion of vendor. Background In November of last year, the City issued a request for proposal (RFP) for auditing services, which was advertised in the Beacon News, in addition to being directly emailed to seven local accounting firms that specialize in governmental audits. The City received three responses to its proposal from the following firms: Selden Fox, Ltd.; Sikich LLP; and Lauterbach & Amen, LLP. As shown on the attached RFP Cost Summary Worksheet (Exhibit A), the low-cost proposal was from Lauterbach & Amen (L&A), with a total bid of $167,425 over the five-year engagement term. As noted in the transmittal letter (pages 3 - 4) of their proposal, L&A currently provides auditing and consulting services to over 400 local governmental units, in addition to providing compilation and benefit services to 450+ police and fire pension funds. Furthermore, L&A is one of the top ten firms in the nation that submit reports to the GFOA Comprehensive Annual Financial Report Award program, with over 100 clients (including Yorkville) currently holding a GFOA Certificate of Achievement. L&A also hosts various training sessions throughout the year, at no additional cost, which staff has found useful in assisting management with the implementation of new accounting standards and other finance and accounting related issues. Recommendation Lauterbach & Amen is the low-cost provider, and they have acceptably served the City for the past 10 years (two contract terms). The City staff have no hesitation to recommend them again for a third contract term, which would take them through being the City’s auditors for 15 years. Lauterbach & Amen have agreed to rotate the partner-in-charge (as well as the entire audit team, if desired) of the City’s audit, in order to provide a “fresh set of eyes” regarding the financial statements and audit processes. While it is not uncommon for governments to retain auditors for more than ten years, as noted in the reference sections of the proposals for which several show continuous audit engagements of 15 years or more – we are sensitive to the idea that different companies may look at our organization differently, which provides some level of assurance to residents that we are not resting on past performance. The Mayor and City Administrator have discussed this concept and do not have a recommendation to “switch just to switch” but we wanted to raise it so there is active confirmation that the City Council is okay with continuing Memorandum To: Administration Committee From: Rob Fredrickson, Finance Director Date: January 13, 2022 Subject: Request for Proposal – Auditing Services Recommendation forward with the same firm the City has used for a decade. If the City Council wants to explore a change, we have no objections to either Sikich or Selden Fox; as both are well known and respected firms that would undoubtably serve the City well, albeit at a higher annual cost. Grand FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total Lauterbach & Amen *32,055$ 32,770$ 33,485$ 34,200$ 34,915$ 167,425$ Sikich 38,200 39,355 40,535 41,760 43,020 202,870 Selden Fox 41,500 42,650 43,250 44,400 45,050 216,850 * City's current audit firm Cost Summary Request for Proposals - Auditing Services 1 Firm FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Totals Selden Fox City Audit 33,500$ 34,500$ 35,000$ 36,000$ 36,500$ 175,500$ TIF Compliance Reports 600 650 650 700 750 3,350 Subtotal 34,100$ 35,150$ 35,650$ 36,700$ 37,250$ 178,850$ Police Pension Audit 2,900$ 2,900$ 2,900$ 2,900$ 2,900$ 14,500$ Subtotal 37,000$ 38,050$ 38,550$ 39,600$ 40,150$ 193,350$ Single Audit (if required)4,500$ 4,600$ 4,700$ 4,800$ 4,900$ 23,500$ Totals 41,500$ 42,650$ 43,250$ 44,400$ 45,050$ 216,850$ Lauterbach & Amen City Audit 24,995$ 25,500$ 26,005$ 26,510$ 27,015$ 130,025$ TIF Compliance Reports 560 570 580 590 600 2,900 Subtotal 25,555$ 26,070$ 26,585$ 27,100$ 27,615$ 132,925$ Police Pension Audit 2,800$ 2,900$ 3,000$ 3,100$ 3,200$ 15,000$ Subtotal 28,355$ 28,970$ 29,585$ 30,200$ 30,815$ 147,925$ Single Audit (if required)3,700$ 3,800$ 3,900$ 4,000$ 4,100$ 19,500$ Totals 32,055$ 32,770$ 33,485$ 34,200$ 34,915$ 167,425$ Sikich City Audit 26,300$ 27,090$ 27,900$ 28,740$ 29,605$ 139,635$ TIF Compliance Reports 3,200 3,300 3,400 3,505 3,610 17,015 Subtotal 29,500$ 30,390$ 31,300$ 32,245$ 33,215$ 156,650$ Police Pension Audit 4,500$ 4,635$ 4,775$ 4,920$ 5,070$ 23,900$ Subtotal 34,000$ 35,025$ 36,075$ 37,165$ 38,285$ 180,550$ Single Audit (if required)4,200$ 4,330$ 4,460$ 4,595$ 4,735$ 22,320$ Totals 38,200$ 39,355$ 40,535$ 41,760$ 43,020$ 202,870$ 2 Lauterbach & Amen, LLP Due Date: December 17, 2021 Certified Public Accountants 668 N. River Road Naperville, Illinois 60563 Phone: 630.393.1483 Fax: 630.393.2516 lauterbachamen.com For the Years Ending: April 30, 2022, 2023 and 2024 and Optional Years April 30, 2025 and 2026 United City of Yorkville PROPOSAL Contact Information United City of Yorkville For the Years Ending: April 30, 2022, 2023 and 2024 and Optional Years April 30, 2025 and 2026 Due Date: December 17, 2021 LAUTERBACHAMEN.COM PROPOSAL TO PROVIDE PROFESSIONAL AUDITING SERVICES United City of Yorkville | 1 Ronald J. Amen, Partner 630.393.1483 ramen@lauterbachamen.com Jamie L. Wilkey, Partner 630.393.1483 jwilkey@lauterbachamen.com Transmittal Letter ........................................................................... 3-4 Firm Profile .................................................................................... 5-10 Key Engagement Personnel ........................................................ 11 -14 Audit Approach ........................................................................... 15-20 Price and Billing .......................................................................... 21-22 References .................................................................................... 23-24 Appendix ..................................................................................... 25-33 LAUTERBACHAMEN.COM United City of Yorkville | 2 TABLE OF CONTENTS United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 December 17, 2021 Lauterbach & Amen, LLP (L&A) is pleased to respond to your request to provide auditing services to the United City of Yorkville (City). Enclosed in this proposal are details about our practice, our people and our reputation for quality service to governments, as well as an outline of our audit approach and scope of the audit process. L&A is a firm entirely specialized in the governmental sector, allowing us to provide an unrivaled commitment to exceeding your expectations with regards to quality service, government specific expertise, and timing and approach of the audit process. Our five partners share a combined 125+ years of exclusive government experience, with past experience in nonprofit, tax and commercial clients. Their years of experience in the governmental sector will directly benefit the City. L&A possesses the resources and drive to continually exceed your expectations. At L&A our mission is to provide accounting, compilation, assurance, and consulting services to governments in the spirit of excellence and altruism. As a firm, we are committed to adhering to stringent moral standards in addition to the legally imposed professional standards and guidelines, priding ourselves in our flexible attitude towards accommodating our clients, and continually striving to be an elite personal client service firm. L&A will attain the highest quality employees who share our core values and capacities in order to continue to service our clients at the level at which they are accustomed. Our staff utilizes their expertise to educate clients with the anticipation that it will lead to accurate solutions to challenges that may arise in the daily course of financial activities. Our goal is to maintain personalized relationships with our current clients, while continuing to acquire new clients with the hopes of creating equally valuable bonds. At L&A we continually strive to distinguish ourselves from other accounting firms by emphasizing the following: EXPERTISE • Providing professional audit and consulting services to over 400 local governments on an annual basis, and providing compilation and benefit services to over 450 police and firefighters’ pension funds. • Possessing exclusive expertise in the area of local government, as evidenced by our exemplary retention rate of the Certificate of Achievement for Excellence in Financial Reporting for clients with continual submissions to the program. L&A is also in the top ten firms nationally that submit audits to the Certificate of Achievement Program. • Striving to continually be a proven leader in the government accounting industry and assisting our clients on the implementation of new, complex pronouncements and issues affecting local government, including one-on-one assistance with the understanding and implementation of these new pronouncements and issues. We will provide thorough and timely answers to any of your questions or needs. • Maintaining a highly professional staff, each of which possess extensive knowledge in the area of local government, continually broadening their knowledge of local government issues through in -house training, involvement in various local government organizations and through continuing professional education programs. • Engaging in audit planning, preliminary work and continual communication with our clients to ensure an efficient and quality audit process. This also ensures that audit issues will be identified early and solutions will be implemented timely. United City of Yorkville | 3 SERVICE AND QUALITY • Allowing our clients to dictate scheduling needs related to the audit process and adhering to those needs. We continually meet or exceed the deadlines established by our clients. • Identifying, communicating and assisting in the implementation of identified opportunities for improved and more efficient financial or procedural operations. • Maintaining a program of continuity for multi-year engagements, including minimal rotation of the team, allowing for the establishment of efficient working relationships with the City. • Continually promoting communication with management from the beginning of our engagement and throughout the year. This includes an entrance conference and planning meetings with the City, weekly meetings with management to review the progress of the engagement, if requested, an exit conference to discuss our findings and report production issues, meetings with elected officials during the evenings to answer questions regarding the audit and any other related issues, and continual communication throughout the year. We are committed to listening to your needs and customizing the audit process to meet those needs. • Customizing our audit approach to focus on those areas that represent significant risk to the City and any of the City’s uniquely complex issues. CLIENT TRAINING OPPORTUNITIES • Conducting annual training sessions with our clients in a small group setting covering such topics as: new GASB pronouncements, understanding the financial statements, identification of finance department efficiencies and best practices. • Forming professional resource alliances with other businesses in the areas of human resources, tax and information technology so, if required and if permitted by current audit independence standards, we would be able to provide the City the highest level of service. During the time we have worked with the City, our firm has gained valuable knowledge of City operations, work flow, and internal controls that assist in providing a thorough but efficient audit. We have enjoyed our working relationship with the City and look forward to hopefully continue working with management and the Council for years to come. We are very excited about the opportunity to continue to serve the City and are committed to providing the City with quality service and commit to perform the work within the established time period. We believe we have talented people and the appropriate experience to provide you with a quality audit at a fair and competitive price. The Partners that are signing this proposal are entitled to represent the Firm, empowered to submit the proposal and authorized to sign a contract with the City. This proposal is a firm and irrevocable offer for 60 days. If you have any questions about this proposal or need to discuss these matters further, please contact us. We look forward to your reply. United City of Yorkville | 4 Respectfully Submitted, Ronald J. Amen Partner ramen@lauterbachamen.com 630.393.1483 Jamie L. Wilkey Partner jwilkey@lauterbachamen.com 630.393.1483 FIRM PROFILE Lauterbach & Amen, LLP (L&A) is based in Naperville, Illinois. Founded in 1997 by Sherry Lauterbach and Ron Amen, the firm provides clients with accurate, timely and personalized services that combine large-firm capabilities with small-firm values. Through the years, our services have evolved to meet the growing demands of our clients in the governmental, nonprofit and private sectors. L&A clients can expect unparalleled service from an experienced team of knowledgeable professionals who double as valuable management resources. 5 Partners | 45+ Managers | 115+ Staff LAUTERBACHAMEN.COM United City of Yorkville | 5 SERVICES INDUSTRIES GOVERNMENT NONPROFIT PRIVATE SECTOR Actuarial Audit Financial Payroll Tax Pension United City of Yorkville | 6 LAUTERBACHAMEN.COM Firm Philosophy We have a full-time commitment to accounting and financial reporting, with extensive expertise in the government and nonprofit sectors. Through our experience, we are able to help clients anticipate and prepare for changes in their operating environment. The value of our services lies not only in the performance of an efficient audit, but in our detailed review of finance practices, and our extensive knowledge of key topics affecting local governments. With our extensive experience in the field of local governmental accounting and auditing, we have served a substantial number of municipalities, park districts, libraries, special districts, school districts, pension funds, joint ventures, and various other governmental organizations. We have included a partial list of such entities as references, and would encourage you to contact any or all of them for references as to our qualifications and level of service. We have also provided our current client listing as evidence of our expertise in and commitment to governmental accounting and auditing. Close Working Relationship with Management A close working relationship with management on a year-round basis is the best way to provide our clients with the benefit of our depth of knowledge. This approach also allows for the timely resolution of questions and problems as they arise rather than after the fact. Through understanding the client’s activities and a close working relationship with management, L&A can best respond to and help initiate programs that lead to improved operations and efficiencies. An Audit is a People-Oriented Endeavor The team at L&A recognizes that we are involved in a people -oriented endeavor. Our goals and objectives, therefore, are centered around this understanding. We strive: • To create an environment that encourages a high level of communication between the client and our team • To provide clients with the highest attainable level of staff capabilities through selective recruiting and creation of a work environment that aids personal growth • To continually improve the quality of our services • To support our financial, business, professional and social communities FIRM PROFILE United City of Yorkville | 7 LAUTERBACHAMEN.COM A Strong Commitment to the Industry Our involvement in the local government field includes active membership, support and participation in numerous professional organizations which serve the financial and management teams of local government, including: FIRM PROFILE “Involvement in our industry’s organizations and providing educational support to those groups is a passion of our leadership team.” • Government Finance Officers Association (GFOA) • Illinois Government Finance Officers Association (IGFOA) • Wisconsin Government Finance Officers Association (WGFOA) • Michigan Government Finance Officers Association (MGFOA) • Illinois Municipal Treasurers Association (IMTA) • Illinois Association of School Business Officials (IASBO) • American Institute of Certified Public Accountants • Illinois Library Association • Illinois CPA Society Committees on Governmental Accounting • IGFOA Technical Accounting and Review Committee (TARC) • AICPA Government Audit Quality Center • Township Officials of Illinois • AICPA Nonprofit Center • Illinois Department of Insurance—Task Force • Illinois Association of Park Districts/ Illinois Parks and Recreation Association (IAPD/IPRA) • Special Review Committee - Certificate of Achievement for Excellence in Financial Reporting - GFOA • Illinois Public Pension Fund Association (IPPFA) United City of Yorkville | 8 LAUTERBACHAMEN.COM Client Educational Opportunities Helping to share our knowledge and expertise in the governmental industry is one of the greatest values we can bring to our clients. We are committed to continually reviewing our process to ensure an efficient audit, ensuring exemplary communication with our clients, and providing education on issues affecting local governments on a year-round basis. This no additional cost education includes annual group training sessions with our clients covering such topics as the implementation of GASB pronouncements, changes to auditing standards, understanding of the financial statements, identification of department efficiencies and best practices, and other statutory or hot topics affecting governments. Government Expertise = Extensive Services Available It has been our experience that questions or problems may arise during the year for which a client might call upon us for assistance. The following is a partial list of the services we can provide to our clients: • Financial reporting-assistance in the implementation of authoritative pronouncement requirements • Assistance in obtaining or securing the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA) • Utility or enterprise funds-analysis, forecasting, rate structure, and consulting services • Federal, state and local grant reporting requirements • Budget-assistance in obtaining the Distinguished Budget Award from the GFOA, appropriation and tax levy documents • Personnel Issues-evaluation and executive search • Policies and procedures documentation and implementation • Temporary staffing and training • Pension fund related issues, including benefit calculations, funding analysis, etc. • Human resources-taxability issues, fringe benefits, policies, etc. • Outsourced finance and accounting department functions, including all levels of finance functions • Taxpayer compliance-specialized audits for selected revenue sources Communication is the Key We consider it essential to maintain the lines of communication throughout the year. To attain this, we both formally (via meetings, letters, etc.) and informally (via telephone calls, emails, etc.) keep our clients advised of changes and recent developments related to governments. FIRM PROFILE “L&A’s value add approach to an audit includes extensive no-cost client training throughout the year.” United City of Yorkville | 9 LAUTERBACHAMEN.COM FIRM PROFILE Quality Assurance We are committed to proving the highest quality audit product to our clients during all phases of the audit. Our Quality Assurance Team is responsible for reviewing all financial statements before issuance, assisting in technical inquiries and reviewing workpapers and reports of all engagements to verify compliance with professional standards and our Firm’s policies. At L&A we pride ourselves in providing a quality audit. As such, we are a member of the Private Companies Practice Section (PCPS) of the Division for CPA Firms of the AIPCA, submitting our accounting and auditing practice to quality control reviews of our compliance with professional standards as established by the AICPA. Peer Review The firm undergoes an independent peer review of our accounting and auditing practice as a condition of membership in the American Institute of Certified Public Accountants (AICPA), the national organization of CPA’s in public practice, industry, government and education. Our reports have been reviewed by numerous federal and state oversight agencies as well as other external professional agencies and organizations. Furthermore, there has never been any action taken against our Firm with any state or federal regulatory body or professional organization to which we have submitted our reports. Independence We require that all personnel inform the Firm of any lack of independence with respect to all clients. Specific guidelines to be followed are those set forth in the AICPA’s Code of Professional Ethics. Additionally, we are in compliance with the standards established by the General Accounting Office (GAO). More specifically, we are completely independent with respect to the City. License to Practice The Firm and all key personnel are duly licensed to practice in the State of Illinois. Our State of Illinois license number is 066-003655. L&A was ranked as the 17th largest accounting firm in the Chicagoland area, according to an annual survey published by Crain’s Chicago Business. United City of Yorkville | 10 LAUTERBACHAMEN.COM FIRM PROFILE DFK International/USA Lauterbach and Amen is an independent member of DFK International, a worldwide association of independent accounting and management consulting firms, with locations in over 40 major markets throughout the United States and representation in over 85 countries worldwide. Our membership in DFK enhances our worldwide reach, provides us with additional resources, and expands the world of opportunity for our clients. Other Information L&A has not had any federal or state desk reviews of its audits during the last three years. No disciplinary action has been taken against the firm during the last three years by state regulatory bodies or professional associations. Per our firm's quality control document, all audit staff are required to meet the AICPA's continuing professional education requirements. Because we are niched in government, the required CPE hours for all of the staff outlined in this proposal are focused on the government industry, with hours also dedicated to Uniform Guidance/Single Audit continuing professional education as required by our industry. The firm utilizes a mix of self-study, in-house training, state Society or AICPA programs, Government Audit Quality Center programs, and programs offered by various government associations, such as the IGFOA. Conclusion We are thrilled to have the opportunity to continue to serve the City. We truly believe we have a passion for the government industry and a passion for providing a level of service well beyond just issuing you audited financial statements. Our approach to client service includes open year-round communication, a large network of resources to assist with even non-audit related questions, and a dedication to furthering education on our industry technical standards and best practices. At L&A you will be served by partners who are dedicated to the government industry and a group of over 160 L&A employees that share in that passion and spend all twelve months of the year working on government engagements. LAUTERBACHAMEN.COM Ronald J. Amen, CPA Managing Partner Ron Amen has over 32 years of experience serving clients in the governmental sector. He has participated in numerous governmental engagements, including municipalities, park districts, school districts, State and Federal government entities, universities, nonprofits and other governments. Educational and Membership Background • University of Nebraska • Certified Public Accountant • American Institute of Certified Public Accountants • Member of Government Finance Officers Association (GFOA) and Illinois GFOA • Member of AICPA Government Audit Quality Center • Member of Illinois Municipal Treasurers Association (IMTA) • Member of Illinois Association of Park Districts/Illinois Parks and Recreation Association (IAPD/IPRA) • GFOA Special Review Committee for the Certificate of Achievement for Excellence in Financial Reporting • Instructor for IGFOA Training Courses • Instructor for IMTA Training Courses Governmental Accounting and Auditing Experience Ron has managed numerous governmental engagements during his experience in public accounting. Assignments ranging from audits, single audits, TIF audits, performance reviews, budgeting, strategic planning, and other projects is a brief history of his background. Due to his extensive government background, he is often used as a resource for providing creative solutions to issues affecting local governments. He functions as a working partner, in that he is available and present during each phase of the audit process. Ron has also participated in the management of some large commercial and nonprofit engagements. This experience includes audits, tax preparation, consulting and strategic planning for both commercial and nonprofit clients. United City of Yorkville | 11 668 N. River Road Naperville, Illinois 60563 630.393.1483 ramen@lauterbachamen.com KEY ENGAGEMENT PERSONNEL LAUTERBACHAMEN.COM Jamie L. Wilkey Technical Partner Jamie Wilkey has over 20 years of professional accounting experience exclusively in the governmental sector. She has participated in numerous governmental engagements, including municipalities, park districts, school districts, libraries, special districts and various other units of government. Educational and Membership Background • Truman State University • Northern Illinois University • Member of Illinois Government Finance Officers Association (IGFOA) • Member of Technical Accounting Review Committee (TARC) with IGFOA • Member of Illinois Municipal Treasurers Association (IMTA) • Member of Illinois Association of Park Districts/Illinois Parks and Recreation Association (IAPD/IPRA) • GFOA Special Review Committee for the Certificate of Achievement for Excellence in Financial Reporting • Instructor for IGFOA Training Courses • Instructor for IMTA Training Courses • Instructor for IPPFA Training Courses Governmental Accounting and Auditing Experience Jamie’s experience in the governmental sector includes management of numerous units of government. Such assignments include annual audits, single audits, TIF audits, grant specific audits, and other related projects. Jamie has been responsible for the management of numerous annual audits for government units, all of which has either received the Certificate of Achievement for Excellence in Financial Reporting Award from the GFOA in the first year of their submittal to the program or maintained their Certificate standing. Jamie also has extensive government consulting experience, which includes the responsibility for all financial operations of the government unit, including, but not limited to, the maintaining of the general ledger, trial balance, balance sheet and consolidated financials. Jamie has also assisted numerous clients with payroll processing, budget preparation, supervision of accounts receivable, accounts payable and utilities billing processing, tax levies and related documents, and the recommendation and implementation of various finance/accounting department procedures and policies. United City of Yorkville | 12 668 N. River Road Naperville, Illinois 60563 630.393.1483 ext. 227 jwilkey@lauterbachamen.com KEY ENGAGEMENT PERSONNEL LAUTERBACHAMEN.COM Matt R. Beran, CPA Operations Partner Matt Beran has over 18 years of professional accounting experience, 12 of those are exclusively in the governmental sector. Prior to working in government, Mr. Beran was a supervisor at one of the Big 4 accounting firms. He has participated in numerous governmental engagements, including municipalities, park districts, school districts, libraries, special districts, nonprofits and various other units of government. Educational and Membership Background • Truman State University • Certified Public Accountant • American Institute of Certified Public Accountants • Member of Illinois Government Finance Officers Association (IGFOA) • Member of Illinois Municipal Treasurers Association (IMTA) • Member of Illinois Association of School Board Officials (IASBO) • Instructor for IMTA Training Courses • Instructor for IASBO Training Courses Governmental Accounting and Auditing Experience Matt’s experience in the government sector includes managing numerous governmental engagements. Assignments ranging from audits, single audits, TIF audits, performance reviews, budgeting, strategic planning, and other projects is a brief history of his background. Matt has been responsible for the training of staff at Lauterbach and Amen. The training includes audit methodology and the specifics of governmental accounting, such as property taxes, debt, and full accrual versus modified accrual accounting. He researches new GASB pronouncements and gains an understanding of the change and how it will affect clients, audit staff, and the audit process. Then Matt passes along this knowledge to clients to ensure they understand what is changing. Matt has also been responsible for various agreed-upon procedures including forensic audits. He has been able to observe various municipalities, park districts and libraries and prepare an extensive report on their current internal controls and procedures. Matt will also then give various suggestions on how to improve internal controls and procedures to improve efficiency and accuracy while still having proper segregation of duties. KEY ENGAGEMENT PERSONNEL United City of Yorkville | 13 668 N. River Road Naperville, Illinois 60563 630.393.1483 mberan@lauterbachamen.com LAUTERBACHAMEN.COM Monika Adamski Monika has 12 years of professional accounting experience exclusively in the governmental sector. She is a graduate of DePaul University. Monika is specialized in municipal and state agency audits as well as school districts and nonprofit entities and also specializes in internal control assessment for all governmental clients. Tim Gavin Tim has 15 years of professional accounting experience exclusively in the governmental sector. He is a graduate of Northern Illinois University and is a Certified Public Accountant. Tim is specialized in audits, accounting services and financial reporting. He retains highly specialized skills in accounting and auditing software. Jennifer Martinson Jen has 9 years of professional accounting experience exclusively in the governmental sector. She is a graduate of the University of Miami and a Certified Public Accountant. Jen specializes in municipal audits, staff training and new hire training. The training includes audit methodology and the specifics of governmental accounting, such as property taxes, debt, and full accrual adjustments. Brad Porter Brad has 7 years of professional accounting experience exclusively in the governmental sector. He is a graduate of University of Saint Francis and a Certified Public Accountant. Brad specializes in staff development and the training and auditing of local governments and park districts. Don Shaw Don has 12 years of professional accounting experience, 8 of those years are exclusively in the governmental sector. He is a graduate of Northern Illinois University and is a Certified Public Accountant. Don specializes in municipalities, school districts and Uniform Grant Guidance single audit testing, reporting and submission. Ann Scales Ann has 12 years of professional accounting experience exclusively in the governmental sector. She is a graduate of Marquette University and is a Certified Public Accountant. Ann specializes in finalizing Comprehensive Annual Financial Reports for our clients - meeting the requirements established by the GFOA. Ann has completed the AICPA’s Nonprofit Level I and Level II Certificate Program. She specializes in auditing and performing consulting services for municipalities and nonprofits. United City of Yorkville | 14 KEY ENGAGEMENT PERSONNEL Audit Team Key Personnel United City of Yorkville | 15 LAUTERBACHAMEN.COM Overview We are prepared to meet or exceed all requirements and expectations of the City. The partners of L&A will be involved in all phases of the audit of the City as outlined below. L&A does not use statistical sampling in any phase of the audit process. Sample sizes used for testing are in accordance with standards established by the profession and will be determined in the planning phase. Throughout the audit process we will inform management of audit issues as they arise and maintain the highest level of professionalism in the identification and communication of these issues. Discussion of the issues will take place immediately following their discovery and will allow management ample time to rectify any issues. Below is our proposed schedule for your audit phases in accordance with the requirements stated in the RFP: AUDIT APPROACH TIMING TOTAL- HOURS PHASE PARTNER MANAGER SUPER- VISOR STAFF CLERICAL Phase 1 Planning April 20 Hours 6 Hours 8 Hours 2 Hours 2 Hours 2 Hours Phase 2 Preliminary Fieldwork June 32 Hours 6 Hours 8 Hours 8 Hours 8 Hours 2 Hours Phase 3 Fieldwork Early August 180 Hours 21 Hours 61 Hours 73 Hours 25 Hours 0 Hours Phase 4 Drafts Early September 43 Hours 9 Hours 12 Hours 12 Hours 5 Hours 5 Hours Phase 5 Audit Completion Late September 16 Hours 8 Hours 6 Hours 0 Hours 0 Hours 2 Hours LAUTERBACHAMEN.COM GFOA Certificate of Achievement L&A fully supports the Government Finance Officers Association’s (GFOA) Certificate of Achievement for Excellence in Financial Reporting Program. We have assisted many clients in obtaining their certificates and have submitted over a thousand award applications to GFOA over the years. We also work with our clients in subsequent years on the implementation of any recommendations provided by the GFOA. We will respond to GFOA comments for improvement and take care of the filing of the necessary documents each year. We currently submit in excess of one-hundred reports to the GFOA on an annual basis and are in the top ten firms nationally that submit to the program. Audit Scope and Standards L&A will issue an opinion on the governmental activities, business-type activities, each major fund and the aggregate remaining fund information, including the notes to the financial statements, which collectively comprise the City’s financial statements, with “in-relation-to” coverage provided on the combining and individual fund financial statements and on any supplementary information. We will not provide an opinion on the Management Discussion and Analysis, but will provide customary review of this information. Introductory and Statistical sections of the Comprehensive Annual Financial Report, if applicable, will not be audited by us. The audit will be conducted in accordance with generally accepted auditing standards, and, if a single audit becomes necessary, the standards for financial audits contained in Governmental Auditing Standards (2004), issued by the Comptroller General of the United States, and the Single Audit Act of 1996; and the provisions of Uniform Grant Guidance 2CFR-2000/OMB Circular A-133, Audits of State and Local Governments and Nonprofit Organizations. AUDIT APPROACH United City of Yorkville | 16 LAUTERBACHAMEN.COM The purpose of the planning phase is to provide the foundation for the direction that the audit will take. During the planning phase of the audit we will hold an entrance conference with the City to discuss the audit approach, develop a schedule for completing the audit, and review the areas that we will be focusing on during our audit procedures and testing. The following is an outline of the key steps performed during the planning phase of the audit: • Discussing and agreeing upon report formats to provide information which complies with generally accepted accounting principles. The format should be agreed upon during the planning phase of the audit to ensure timely issuance of the report. Our plan is to adopt a format similar to the previous year. • Discussing availability of accounting records and source documents and developing a detailed list of schedules to be prepared by the City. • Developing a schedule for completing the subsequent phase of the audit. Preliminary fieldwork is the next phase of the audit process and involves expanding our understanding of the City and its finances through a review of various documents and through discussions with the City. During this phase, we will begin the required study and evaluation of internal accounting controls as part of the financial and compliance audit. The purpose of our study and evaluation will be to obtain sufficient knowledge and understanding of the internal accounting and administrative control systems used by the City for reliance on the system of internal control and the degree of such reliance; or to aid us in designing substantive tests in the absence of such reliance. We will hold progress meetings with key management, as necessary, to keep you apprised of the results of our preliminary review and to discuss the key internal controls to be tested. AUDIT APPROACH United City of Yorkville | 17 Phase 1: Planning April Phase 2: Preliminary Fieldwork June LAUTERBACHAMEN.COM Our approach to the study and evaluation of the internal accounting and administrative controls will be accomplished through the following techniques: • We will perform an in-depth review of internal control documentation and working papers made available by the prior audit firm and the City. • We will use internal control questionnaires, narratives and/or flowcharting techniques to document key flows of information. Because of our extensive commitment to government, the questionnaires utilized are designed specifically for use on governmental engagements and, therefore, will provide you with the most meaningful information. We will utilize this information and identify key internal control procedures which will be tested in order to warrant reliance on the identified controls. The objectives of such reliance will be to reduce the extent of substantive work performed, resulting in a more cost-efficient audit approach. • We will evaluate audit risk for all key financial statement assertions and compliance determinations using the procedures outlined above. Audit risk is the risk that material financial statement misstatements or material noncompliance will not be prevented or will not be detected and corrected in a timely manner. We will evaluate audit risk for all key financial statement assertions and compliance determinations using the procedures outlined above. Audit risk is the risk that material financial statement misstatements or material noncompliance will not be prevented or will not be detected and corrected in a timely manner. This phase of the audit will consist primarily of substantive testing of year -end balances. If any audit issues come to our attention during the course of our work, we will immediately inform you so that action can be taken before the completion of our fieldwork. We will design our detailed testing procedures to provide both compliance and financial audit coverage where applicable. We utilize custom designed audit programs that are specifically designed for government clients and; therefore, provide for the most efficient and effective approach. AUDIT APPROACH United City of Yorkville | 18 Phase 3: Fieldwork Early August Phase 2: Preliminary Fieldwork (Cont’d) June LAUTERBACHAMEN.COM At a minimum, management is to provide supporting schedules for the following areas once we return for fieldwork: For financial audit purposes, we will assess the risk of material misstatement associated with a given objective, and perform substantive and compliance procedures. Our substantive procedures will gather evidence as to the completeness, accuracy, or validity of the information contained in the financial statements. These procedures will include confirmation of year-end balances, vouching documents and analytic reviews. Through our compliance procedures, we will gather evidence related to the existence and effectiveness of specific internal controls. These procedures includes examinations of documents for proper approval and review of procedures for compliance with rules, regulations and City policies. At the conclusion of fieldwork, workpapers will be reviewed by the engagement partner and we will prepare the Comprehensive Annual Financial Report in accordance with generally accepted accounting principles for government entities. In addition, we will prepare a management letter and other required communication letters that we will review and discuss with the City during the draft phase of the audit. Our firm has state of the art production hardware and software. We believe the investment to stay on the cutting edge of technology benefits not only in reporting, but also in suggestions and recommendations. AUDIT APPROACH United City of Yorkville | 19 Cash Accounts Payable Investments Payroll Governmental Revenues/Receivables Debt Service Proprietary Revenues/Receivables Fund Balance/Net Position Inventories Grants Interfunds Risk Management Capital Assets Phase 3: Fieldwork (Cont’d) Early August LAUTERBACHAMEN.COM The final completion and quality review of the initial draft of the Comprehensive Annual Financial Report will be completed at our office and a draft of the Comprehensive Annual Financial Report and related communication letters will be provided to the City no later than the date agreed to during the entrance conference. The City will then have a sufficient amount of time to review the draft for questions and/or changes. L&A will then return to the City’s location for the final draft where we will review the City’s questions and/or changes to the Comprehensive Annual Financial Report as well as the client communication letters and submit a final draft of the Comprehensive Annual Financial Report to the City. Upon approval of the drafts by the City, we will deliver final, bound financial Comprehensive Annual Financial Reports. At the completion of our audit, we will also provide a the final management letter addressing reportable conditions, if any, and other comments and observations for improvements. The management letter will be provided as a separate document. The management letter will contain, as warranted and appropriate: • Specific recommendations for improvement of the accounting practice and procedures and the internal accounting and administrative controls. • Comments on the design, controls and audit trails of new and redesigned automated systems, along with suggestions to improve processing methods and procedures. • Suggestions for operational improvements or cost efficiencies noted during the course of our work. • Findings relative to compliance with the applicable rules and regulations. • Comments regarding compliance with laws. • Other comments or recommendations and best practices that we believe may be relevant. • Upcoming GASB Pronouncements or auditing standards that may affect the City’s financial statements in the future. L&A strives for continual communication with City staff and management as well as the Board. As such, the engagement partner will be available for meetings and/or formal presentations of the Comprehensive Annual Financial Report and communication letters with representatives of the City. AUDIT APPROACH United City of Yorkville | 20 Late September Phase 4: Drafts Early September Phase 5: Audit Completion LAUTERBACHAMEN.COM PRICE AND BILLING United City of Yorkville | 21 LAUTERBACHAMEN.COM In 24 years of providing auditing services, Lauterbach & Amen, LLP has never increased an audit price from what was proposed in the RFP. This includes implementation of all future FASB and GASB pronouncements. Our firm stresses that we are available throughout the year to provide technical accounting and financial reporting assistance to the City. We encourage clients to contact us with questions that may arise. In addition, we provide no cost client training to introduce new GASB pronouncements and auditing standards that may affect the City, as well as providing other training topics based on client requests and needs. Schedules Requested The proposed annual prices are based upon staff support at all levels from the City personnel and that the City will provide adjusted trial balances and support (detailed schedules that reconcile to the trial balance) for all balance sheet accounts. At a minimum, management is to provide supporting schedules for the areas outlined in the Fieldwork Phase of the Audit Approach section of this proposal. Additional Services Should it become necessary for the City to request us to render additional services to either supplement the services requested in the RFP or to perform additional work as a result of the specific recommendations included in any report issued on this engagement or new accounting standards, then such additional work will be performed only after discussing with management the level of effort and estimated costs prior to performing any such work. As independence standards have recently become more stringent related to the types of additional services auditors can perform, L&A would review these independence standards and the types of services requested prior to proposing on any additional services. PRICE AND BILLING United City of Yorkville | 22 HOURS SCHEDULE Hours Standard Rate Quoted Rate Total Partner 50 $170 $160 $8,000 Manager 95 $136 $126 $11,970 Supervisor 95 $100 $90 $8,550 Staff 40 $86 $76 $3,040 Clerical 11 $55 $45 $495 291 $32,055 LAUTERBACHAMEN.COM We know that our best endorsement comes from satisfied clients. We invite you to contact the following clients who have been serviced by our firm to inquire about their experience and how our services continue to REFERENCES United City of Yorkville | 23 * Indicates governments who currently hold the GFOA Certificate of Achievement. United City of Yorkville | 24 LAUTERBACHAMEN.COM Additional Clients Served L&A stands by our quality and service. As such, we encourage you to reach out to any of the clients listed below that we serve to learn more about their experience with our firm. REFERENCES * Indicates governments who currently hold the GFOA Certificate of Achievement. Park Districts Municipalities School Districts Libraries Pension Funds Other Entities 110+ 65+ 35+ 45+ 450+ 100+ Municipalities, Townships and Counties Addison Township Cuba Township Harvard Markham Pingree Grove* Streamwood* Algonquin Dolton Henry County Mendota Plano Streator Antioch* East Dundee* Hinckley Midlothian Poplar Grove Sugar Grove* Barrington East Hazel Crest Hinsdale Milton Township Princeton Sycamore* Barrington Hills East Moline Homewood Monee Prospect Heights Thornton* Bartlett* Elburn Inverness Montgomery* Riverside* Timberlane Beach Park* Elk Grove Village* Johnsburg* Morton Grove* Riverwoods Vernon Hills Berkeley Elwood* Justice Mount Prospect Rock Island* Volo Bloomingdale* Elyssa's Mission Kenilworth Naperville Township Rockford* Warrenville* Bradley Evanston Kildeer* New Milford Rolling Meadows* Waukegan Buffalo Grove* Fox River Grove Lake Barrington Normal* Rosemont West Chicago* Burlington Frankfort* Lake Bluff North Aurora* Round Lake Beach Western Springs Burnham Georgetown Lake Villa North Barrington Sandwich Wheaton* Burr Ridge Gilberts* LaSalle County North Riverside* Schaumburg Willow Springs Campton Hills Glen Ellyn* Libertyville* Northbrook Shabbona Wilmette* Carpentersville* Glencoe* Lincolnwood* Northfield* Skokie Winnetka* Cary Glenview* Lindenhurst Northfield Township Sleepy Hollow Winthrop Harbor Champaign Golf Lombard* Orland Park South Barrington Woodridge* Cherry Valley Grayslake Lyndon Palos Park* South Elgin* York Township Cortland Gurnee* Manhattan* Park Forest* Stickney Yorkville* Country Club Hills Hampshire Maple Park Park Ridge Stone Park Zion Township LAUTERBACHAMEN.COM APPENDIX United City of Yorkville | 25 LAUTERBACHAMEN.COM APPENDIX United City of Yorkville | 26 CONTRACTOR CERTIFICATIONS 1. Insurance. The undersigned certifies that it has all insurance coverages required by law or would normally be expected for the work to be performed and a copy shall be filed with the City upon request by the City for approval by the City. 2. The undersigned; A. Certifies that it is not barred from bidding or contracting with the City as a result of a violation of either Paragraph 33E-3 or 33E-4 of Act 5, Chapter 720 of the Illinois Complied Statutes regarding criminal interference with public contracting, and B. Swears under oath that it is not delinquent in the payment of any tax administered by the Illinois Department of Revenue as required by Chapter 65, Act 5, paragraph 11-42.1 of the Illinois Complied Statutes, and C. States that is has a written sexual harassment policy as required by the Illinois Human Rights Act (775 ILCS 5/2-105(A) (4) a copy of which shall be provided to the City upon request, and D. Agrees to comply with the requirements of the Illinois Human Rights Act regarding Equal Employment Opportunities as required by Section 2-105 of the Illinois Human Rights Act (775 ILCS 5/2-105) E. Agrees to comply with the civil rights standards set forth in Title VII of the Civil Rights Act as mandated in Executive Order No. 11246, U.S.C.A. Section 2000e n.114 (September 24, 1965) 3. All work under this contract shall be executed in accordance with all applicable federal, state, and City laws, ordinances, rules and regulations which may in any manner affect the performance of this contract. Dated: ___________ Contractor: _________________________ By: _____________________________ Title: _____________________________ 7 12/17/2021 Lauterbach & Amen, LLP Ronald J. Amen Partner REQUEST FOR PROPOSAL AUDITING SERVICES ADDENDUM #1 December 7, 2021 A.IMPORTANT INSTRUCTIONS TO BIDDERS This addendum must be read, signed and dated by the bidder and included with the bid documents submitted by the bidder on or before the bid closing date and time. Failure to include this addendum with the bid documents may result in bid rejection. Bidder will carefully note the inclusion of this addendum on the bid form. B.ATTACHMENTS TO THIS ADDENDUM: 1.United City of Yorkville – Audit Journal Entries C. CHANGES: D.ADDITIONS: E.DELETIONS: F.SCHEDULE: G.CLARIFICATIONS: 1.Question - The RFP includes a Single Audit as part of scope. Did the City require a Single Audit for 4/30/21 due to CRF (or other) funding? If not, when was the last time a Single Audit was required? Response - Yes 2.Question - Have there been any significant changes in personnel or other changes in internal control or operations since the last audit? Response - No 3.Question - Approximately how many bank and investment accounts are there? Response - 10 bank accounts and 5 investment accounts. 4.Question - The 2021 report includes a subsequent event note on a new bond issue. Are any significant, additional debt issuances currently planned? Response - We are currently in the process of refunding the 2011 Ref Bonds in the Sewer Fund and issuing $1M in new money for a total of $5.155M. The final bond ordinance is slated to be approved by Council on December 14, 2021 with the closing to occur in early January 2022. 5.Question - Does the City maintain all capital asset records, or is auditor assistance needed? REQUEST FOR PROPOSAL AUDITING SERVICES ADDENDUM #1 December 7, 2021 Response - Yes, the City maintains all capital asset records. 6.Question - The RFP references three TIFs. Based on a review of the Comptroller website, it was not clear if the Downtown TIF II fund has yet to reach the revenue level to trigger an audit requirement. Has it exceeded the $100,000 cumulative revenue mark yet? Response - The Downtown TIF II Fund will exceed the $100,000 cumulative revenue mark by the end of the current fiscal year (FY 2022). 7.Question - What were the fees for the 2021 audit for each of the components requested in the RFP fee schedule? Response - UCOY Audit - $32,200 Police Pension Audit - $2,800 TIF Compliance Reports - $560 Single Audit (if required) - $3,700 Question - Were there any unusual or one-time elements of the 2021 fee that will not be expected to impact 2022 and beyond? Response - No. 8.Question- Please also clarify that no auditor assistance is needed with preparing the MD&A or statistical sections (beyond the statistical schedules that flow directly from the financial statements). Response - Historically our auditors have updated the net position, changes in net position, fund balance/change of fund balance in gov funds and pledged revenue sections of the stats section, since it flows directly from the financials. The City updates the rest, including the MD&A. 9.Question - Has the City begun assessing the impact of the new lease standard (GASB 87)? Response - Yes, on a preliminary basis. 10.Question - How many leases (both lessee and lessor) does the City have? Response - Two, pertaining to copier and managed print services. 11.Question - Have there been any disagreements or difficulties with recent audits? Response - No. 12.Question - Will the current audit firm be allowed to bid again or is rotation being required at this time? Response - The current audit firm can bid again. REQUEST FOR PROPOSAL AUDITING SERVICES ADDENDUM #1 December 7, 2021 13.Question - Are there any aspects of the relationship with your current auditors that you would like to see improved? Response - No. 14.Question - Is the previous auditor bidding on the engagement or is this a mandatory rotation Response - Please see answer for # 12. 15.Question - How long were the auditors present at the City for preliminary and final fieldwork? Response - Day or two for preliminary, one to two weeks for final fieldwork. 16.Question - How many auditors are usually in the field? Response - 1 to 2 for preliminary, 2 to 3 for final fieldwork. 17.Question - Does the City anticipate expending greater than $750,000 in Federal funds during the period covered by the request for proposal? Response -Yes, Due to the receipt of ARPA funds. 18.Question - Does the audit firm maintain any information for the City? (i.e. capital assets, long term debt)? Response - No. 19.Question - How many journal entries were proposed by the auditing firm for the FY2021 audit? Would the City be willing to provide the journal entry listing? Response - Four, please find the journal entries attached. 20.Question - Does the Village prepare all accrual entries for the audit? Response - Yes. 21.Question - What were the fees for the FY2021 audit? Response - Please see answer from # 7. 22.Question - On page 5 of the request for proposal, regarding the indemnification paragraph, the AICPA Code of Professional Conduct stipulates an auditor’s independence would be impaired if the auditor indemnifies a client for damages, losses or costs arising from lawsuits, claims or settlements that relate, directly or indirectly, to the client’s acts (ET Section 1.228.020). We believe the indemnification provision, which appears to include the auditor’s indemnification of client for client’s acts would result in the impairment of independence of any auditor. Would you like us to include this language in our proposal? Response – Yes, please include in proposal. REQUEST FOR PROPOSAL AUDITING SERVICES ADDENDUM #1 December 7, 2021 22.Question - With the Library being audited as a separate component in accordance with GASB Statement No. 61, would the City prefer a separate fee be itemized in our proposal for these services? Response – No, historically the Library Fund has been reported as a fund of the City (special revenue) instead of a component unit, as its board is appointed by the Mayor, with Council consent. H.ACKNOWLEDGMENT The Bidder acknowledges receipt of this Addendum and understands its content to the Bid Documents. I.SIGNATURE AND DATE Authorized Signature Date 12/17/2021 Audit Journal Entries AJE Account Account #Number Description Debit Credit 1 01-000-13-00-1380 GRANT RECEIVABLE 18,060 01-000-41-00-4170 STATE GRANTS 18,060 2 01-000-13-00-1339 A/R - VIDEO GAMING TAX 19,887 01-000-40-00-4055 VIDEO GAMING TAX 19,887 Entry to adjust FY2021 Video Gaming Accrual to actual at year-end 3 51-000-18-00-1880 ASSET RETIREMENT OBLIGATIONS 6,296,555 51-000-27-00-2780 ASSET RETIREMENT OBLIGATIONS 6,379,000 51-510-66-00-6600 AMORTIZATION EXPENSE - DEBT 82,445 CLIENT PROPOSED: Entry to adjust GASB 83 items to adjust for current cost focus 4 52-000-18-00-1870 DEFERRED OUTFLOWS - OTHER POST-EMPLOYMENT BENEFITS 15,717 52-000-20-00-2010 OPEB LIABILITY - OTHER POST-EMPLOYMENT BENEFITS 14,389 52-000-29-00-2970 DEFERRED INFLOWS - OTHER POST-EMPLOYMENT BENEFITS 6,468 52-520-67-00-6X2021 PENSION EXPENSE - OPEB 5,140 51-000-18-00-1870 DEFERRED OUTFLOWS - OTHER POST-EMPLOYMENT BENEFITS 26,101 51-000-20-00-2010 OPEB LIABILITY - OTHER POST-EMPLOYMENT BENEFITS 34,934 51-000-29-00-2970 DEFERRED INFLOWS - OTHER POST-EMPLOYMENT BENEFITS 10,388 51-510-67-00-6X2021 PENSION EXPENSE - OPEB 19,221 POST-DRAFT: Entry to record OPEB Activity for Water and Sewer Funds TOTAL 6,483,126 6,483,126 - April 30, 2021 ALL AJEs RECORDED AS NOTED ABOVE. NO PASSED AJEs FROM THE AUDIT. UNITED CITY OF YORKVILLE, ILLINOIS CLIENT PROPOSED: Entry to record receivable at year end for ILETSB Reimbursement for Police Training L&A Only Entries AJE Account Account #Number Description Debit Credit RW 1 01-000-41-00-4160 FEDERAL GRANTS 784,715 01-000-41-00-4X2021 FEDERAL GRANTS - CARES 784,715 L&A ONLY: Entry to reclassify grants for testing purposes RW 2 25-225-92-00-8000 PRINCIPAL PAYMENT 54 25-225-92-00-8050 INTEREST PAYMENT 54 L&A ONLY: Entry to split principal and interest expenses for testing purposes RW 3 51-510-66-00-6600 AMORTIZATION EXPENSE - DEBT 119,599 51-510-66-00-6X2021 AMORTIZATION EXPENSE - GASB 83 119,599 L&A ONLY: Entry to split amortization expense on bonds and GASB 83 for testing purposes RW 4 51-510-66-00-6600 AMORTIZATION EXPENSE - DEBT 82,445 51-510-66-00-6X2021 AMORTIZATION EXPENSE - GASB 83 82,445 L&A ONLY: Entry to readjust amortization expense on GASB 83 for testing purposes TOTAL 986,813 986,813 April 30, 2021 UNITED CITY OF YORKVILLE, ILLINOIS SERVICE PROPOSAL Auditing Services December 17, 2021 PREPARED FOR: THE UNITED CITY OF YORKVILLE SUBMITTED BY: Sikich LLP Brian D. LeFevre, CPA, MBA Partner 1415 West Diehl Rd., Suite 400 Naperville, IL 60563 630.566.8505 brian.lefevre@sikich.com The United City of Yorkville Service Proposal | 2 TABLE OF CONTENTS Transmittal Letter ........................................................................................................................................ 3 Executive Summary .................................................................................................................................... 4 Technical Proposal ..................................................................................................................................... 5 Statement of Independence ................................................................................................................................. 5 License to Practice in Illinois ................................................................................................................................ 5 Partner, Supervisory and Staff Qualifications and Experience ............................................................................... 5 Similar Engagements with Other Government Entities ........................................................................................... 7 Specific Audit Approach ...................................................................................................................................... 8 Why the United City of Yorkvlle Should Select Sikich ..................................................................................... 10 Access .............................................................................................................................................................. 10 Experience ........................................................................................................................................................ 11 Initiative ............................................................................................................................................................. 12 Scope of Services for the United City of Yorkvlle ........................................................................................... 13 Additional Resources and Services ............................................................................................................. 17 Fee Proposal ........................................................................................................................................... 18 Proposal Cost Summary .................................................................................................................................... 18 Exhibits ................................................................................................................................................... 19 Contractor Certifications .................................................................................................................................... 19 References ........................................................................................................................................................ 19 Fee Proposal ..................................................................................................................................................... 19 Addendum #1 ................................................................................................................................................... 19 Engagement Team Biographies ......................................................................................................................... 19 Sikich Resources ............................................................................................................................................... 19 State & Local Government Services ................................................................................................................... 19 Firm Profile ........................................................................................................................................................ 19 Peer Review ...................................................................................................................................................... 19 The United City of Yorkville Service Proposal | 3 TRANSMITTAL LETTER December 17, 2021 The Honorable Mayor Members of the City Council United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Ladies and Gentlemen, Sikich is pleased to be considered for the appointment as independent auditors for the United City of Yorkville. We believe that our qualifications, experience and expertise are clearly distinguishable as indicated in the following proposal. The expertise we possess in the state and local government industry is demonstrated by our clients’ successes, our staff’s involvement in the industry and our leadership roles in various government associations. Our clients receive the quality and timeliness only available from a firm of our caliber. We have received the Request for Proposal and are prepared to commit the resources necessary to provide services to the United City of Yorkville. We will not only perform the audit, but we will also provide governmental accounting and financial reporting expertise and technical assistance throughout the year. We understand the scope of the work to be performed and the timing requirements as specified in the Request for Proposal, and are committed to performing the specified services within that timeframe. We appreciate the opportunity to present this proposal, which is a firm and irrevocable offer for 60 days, and look forward to the possibility of serving the United City of Yorkville. Sincerely, Brian D. LeFevre, CPA, MBA Nick Bava, CPA, MAS Partner Senior Manager The United City of Yorkville Service Proposal | 4 EXECUTIVE SUMMARY We know what’s challenging to the United City of Yorkville. Here are the strategies and solutions we recommend for you in order to face those challenges head-on and achieve success. Thank you for considering Sikich. We appreciate the opportunity to propose for the United City of Yorkville. Sikich is one of the country’s top 30 Certified Public Accounting firms and a top 10 value-added reseller of technology products, with more than 1,000 employees serving clients in all 50 states. Clients turn to us for their professional service needs due to our deep industry knowledge working with organizations of their size and for the caliber of service and attention we provide—especially when it comes to dedicated, experienced service teams and partner access. DEFINING YOUR CURRENT CHALLENGES We recognize this is a time of constant change and ever increasing accountability. The task of the City finance office is no longer to report financial results by long-standing standards that are widely known and commonly understood. The task in today's environment is to keep up with the ever-changing standards from GASB and the Office of Management and Budget with the new Uniform Guidance. The task is also to keep up with new reporting and accountability requirements from the state, new automated processing systems, and fringe benefit tax laws. DEFINING YOUR BEST POSSIBLE SOLUTIONS These ever-changing standards and accountabilities require adjusting computer systems and internal processes to adapt to the changing standards and then to report in accordance with the new standards. This shift in the environment has caused a shift in the City thinking about an audit firm. We understand that the City requires a year-round partner, who will assist the City in keeping up to date with the standards and provide assistance, when needed, on specialty topics, as well as someone who can audit to the standards. Sikich is on the leading edge of the standards as they are being developed. We also have a strong commitment to current and effective technology as our firm has a solid core of technological abilities supported by a full technology division. DEFINING YOUR FUTURE SUCCESS Additional details around our audit-specific capabilities are included in the next section of this document. These capabilities, in combination with our timely completion and issuance of your reports, will not only fulfill your current needs, but will undoubtedly drive stability for the United City of Yorkville. Throughout the following paragraphs, you will find summaries of each section within this proposal. We encourage you to review each section in its entirety to gain a detailed understanding of how we can help you build your bottom line and achieve success. WHY UNITED CITY OF YORKVLLE SHOULD SELECT SIKICH Clients turn to us because our professionals are uniquely qualified to provide the service and industry expertise necessary to drive their organizational success. Specifically, Sikich offers the access to resources, decades of experience and passion for action necessary to face your challenges head-on with you. PARTNER, SUPERVISORY AND STAFF QUALIFICATIONS AND EXPERIENCE A crucial component to the City’s success is working with a team completely dedicated to the government industry, ensuring that those individuals understand your challenges and what it takes to realize success. Your engagement team is made up of senior professionals who will provide the expertise, insights and responsiveness your organization requires. SPECIFIC AUDIT APPROACH Our approach is always holistic, forward-thinking and customized for the City’s specific needs. We operate in a way that provides full attention to evaluating significant areas, including those that present the greatest risk and where new opportunities for financial and operational improvement may exist. SCOPE OF SERVICES FOR THE UNITED CITY OF YORKVLLE The scope of our work for the City is outlined in the following proposal. We want to invest in what we hope will become a long-lasting relationship with the City, which is why we commit to delivering the results the City requires. The timeline of the engagement on which we are proposing is outlined in this section. We would be honored to call the United City of Yorkvlle our client and look forward to working with you. The United City of Yorkville Service Proposal | 5 TECHNICAL PROPOSAL STATEMENT OF INDEPENDENCE Sikich has evaluated its independence from the United City of Yorkvlle and in accordance with generally accepted auditing standards, the Governmental Auditing Standards, 2018 revision, published by the U.S. Government Accountability Office, and the AICPA Code of Professional Conduct. Based upon our evaluation, Sikich is free of any personal and external impairment with respect to the United City of Yorkvlle, and is independent with respect to any non-attest services provided to the United City of Yorkvlle, both in fact and in appearance to any knowledgeable third party. LICENSE TO PRACTICE IN ILLINOIS Sikich is a licensed Public Accountant Limited Liability Partnership in Illinois (license #066-003284). All of the partners assigned to the engagement are registered and licensed Certified Public Accountants (CPAs) in Illinois. In addition, all of the professional staff assigned to the engagement are full time staff and are either registered Certified Public Accountants or are completing the exam. PARTNER, SUPERVISORY AND STAFF QUALIFICATIONS AND EXPERIENCE Sikich commits to providing a team of senior professionals, all of whom have unmatched expertise in the government industry. A crucial component to the City’s success is working with a team that is completely dedicated to the government industry, ensuring that those individuals understand your challenges and what it takes to realize success. The United City of Yorkvlle will receive unparalleled levels of expertise, insights and responsiveness from a team of senior professionals who have significant experience working with government entities. Our firm offers several employee retention programs, including tuition reimbursement, CPA review and exam assistance, a computer purchase program, travel assistance and more. We have been named as a Best Place to Work for several years, both on a local and national level. We make every effort to recruit and retain quality staff. However, employee turnover is inevitable. In the event of staff turnover on the City engagement, we will seek the prior written approval of the City. The United City of Yorkvlle’s key engagement team members will be supported by staff on the firm’s government services team. Please refer to the Exhibits section on page 19 to read biographies of the City’s engagement team. BRIAN D. LEFEVRE, CPA, MBA ENGAGEMENT PARTNER As engagement partner, Brian will be responsible for the overall management of the audit. This includes developing and coordinating the overall audit plan, the in-depth review of all workpapers and the review of the City’s annual comprehensive financial report. Moreover, our firm’s philosophy is to have the team leader on location during the completion of the majority of fieldwork. Therefore, Brian will be present at the City’s offices during both our preliminary and final fieldwork. ANTHONY M. CERVINI, CPA, CFRE RESOURCE PARTNER The resource partner is responsible for providing overall technical support for the engagement as well as serving as a backup for the engagement partner. JAMES R. SAVIO, CPA, MAS QUALITY CONTROL PARTNER The quality control partner will provide a second partner review of the audit workpapers and the City’s annual comprehensive financial report. The United City of Yorkville Service Proposal | 6 NICK BAVA, CPA, MAS SENIOR AUDIT MANAGER As the senior audit manager, Nick will be the City’s secondary contact for anything related to the successful audit of your organization. Nick will be responsible for leading the assurance team in the field and coordinating all assurance efforts. ADDITIONAL PROFESSIONAL STAFF Other professional staff assigned to the engagement will be full-time employees of the firm and have a minimum of one to three years of auditing experience. In addition, all professional staff assigned to government engagements meet and usually exceed the CPE requirements contained in the U.S. Government Accountability Office, Government Auditing Standards (2018). Moreover, our government staff possess a specific knowledge of local government accounting and reporting requirements and their application for local governments. This is achieved by attending at least 40 hours per year of a combination of external courses sponsored by the AICPA, ICPAS, GFOA and IGFOA, as well as internal courses. This enables our firm to staff our governmental engagements with qualified professionals in the industry, providing valuable services to our governmental clients during the audit and throughout the year. We can assure you that our professional staff would not need any “on the job accounting or financial reporting training” by your staff. Moreover, we can assure the United City of Yorkvlle the quality of staffing for a multi-year engagement, even if a change in personnel is required, subject to your approval. The United City of Yorkville Service Proposal | 7 SIMILAR ENGAGEMENTS WITH OTHER GOVERNMENT ENTITIES Following is a list of significant engagements performed last year that are similar to the engagement proposed for the United City of Yorkville. See Reference Table in the Exhibits Section The United City of Yorkville Service Proposal | 8 SPECIFIC AUDIT APPROACH From identifying expectations to executing a plan to preparing for next year, our approach is holistic and always forward-thinking. For the United City of Yorkvlle, our approach satisfies a number of requirements, including high-quality service, access to senior resources and specialization in the government industry. We strongly believe Sikich is the firm that can offer you all of these and more. We will tailor this engagement to the United City of Yorkvlle’s specific needs—always with a view toward identifying new opportunities for financial and operational improvement. Procedures are designed to give full attention to evaluating significant areas, including those that present the greatest risk. Sikich’s holistic approach will address critical compliance and risk management needs. Before embarking on this engagement, we will make certain to have a clear understanding of your mission and strategic direction. We do this by identifying and addressing risks and helping you ensure financial strength. We strongly believe there is no such thing as too much communication, not only during the engagement, but also throughout the year. AUDIT STANDARDS The objective of our audit is to issue an unmodified opinion on the United City of Yorkvlle’s governmental activities, business-type activities, the discretely presented component unit, each major fund and the aggregate remaining fund information that collectively comprise the City’s basic financial statements. The audit will be conducted in accordance with generally accepted auditing standards as set forth by the American Institute of Certified Public Accountants, and, if necessary, generally accepted government auditing standards issued by the United States Government Accountability Office (GAO, 2018), the Single Audit Act of 1996 and the Uniform Guidance. Our firm will issue an opinion on the basic financial statements and will subject the combining and individual fund financial statements and schedules and any other supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial statements as a whole. In addition, we will apply certain limited procedures to the Required Supplementary Information. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. We will not audit the statistical or introductory sections of the annual comprehensive financial report and accordingly, will not express an opinion on the information contained in these sections. Wherever possible, we will utilize your schedules to maximize efficiencies and contain audit costs. We request that the United City of Yorkvlle provide us with the basic information required for our audit. The United City of Yorkville Service Proposal | 9 Sikich’s audit approach includes, but is not limited to, the following procedures: ▪ Audit plan development ▪ Determination of materiality ▪ Audit risk evaluation ▪ Interviews with management to provide information for detailed documentation of the internal control structure ▪ Interviews and analysis of audit evidence to identify and assess risks that may result in material misstatement due to fraud ▪ Measurement of accounting presentation and compliance reporting by identifying and focusing on areas sensitive to organizations like the United City of Yorkvlle ▪ Performance of testing to evaluate your organization’s internal control structure ▪ Confirmation of various accounts, performance of substantive testing and analytical procedures ▪ Performance of additional testing, as necessary PRACTICAL AND CONSTRUCTIVE MANAGEMENT LETTER COMMENTS We believe the management letter is an important part of the engagement, and we encourage all members of our engagement team to give thoughtful consideration toward developing constructive comments within the constraints of the overall engagement. Our policies regarding management letters adhere to the Professional Standards of the AICPA. If significant deficiencies and material weaknesses in internal controls are noted during the audit, they are required to be communicated in writing to those charged with governance. Items of an immaterial nature (i.e., clerical problems, minor procedures or reporting problems, etc.) are communicated to management. In both cases, we adhere to a strict firm policy that all comments and recommendations are discussed in preliminary form with appropriate personnel prior to their communication. This allows for clarification of misunderstandings, miscommunication or compensating controls or factors which may be in place. QUALITY CONTROL At Sikich, we are committed to providing the highest quality audits in the industry. The United City of Yorkvlle can be assured of receiving the highest level of quality and ethical professional services. Quality control is so important to us that our firm has been a member of the Private Companies Practice Section of the Division for CPA Firms of the AICPA since our formation in 1982. As such, we have voluntarily submitted our audit and accounting practice to quality control reviews of our compliance with professional standards as established by the AICPA and, more recently, by the United States Government Accountability Office, for more than 30 years. In 2020, we received our eleventh consecutive peer review unmodified (“pass”) report. This is the highest level of recognition conferred upon a public accounting firm for its quality control systems. Also, we go beyond the external reviews and maintain strong internal reviews of procedures and processes with oversight by our Quality Assurance Committee and our Partner-in-Charge of Quality Assurance. Please refer to the Exhibits section for a copy of our most recent peer review which included a review of specific government engagements since this accounts for a significant segment of our practice. In addition, our state and local government reports have been reviewed by numerous federal and state oversight bodies and professional organizations. These reports have been judged to meet and, in most instances, exceed industry standards and requirements. Sikich has not been the subject of any disciplinary action or inquiry during the past five years. Sikich is a member of the AICPA’s Governmental Audit Quality Center (GAQC), which is a firm -based voluntary membership center designed to promote the importance of quality governmental audits and the value of these audits to purchasers of government audit services. As a member of the GAQC, Sikich has access to key information and comprehensive resources that we use to help ensure our compliance with appropriate professional standards and laws and regulations that affect our audits. Through our membership in the GAQC, we also adhere to membership requirements designed to enhance the quality of our audit practice. The United City of Yorkville Service Proposal | 10 WHY THE UNITED CITY OF YORKVLLE SHOULD SELECT SIKICH Our team works devotedly with governmental entities just like yours, has the resources required to perform this engagement and is technically experienced and insightful. As previously mentioned, clients turn to us because our professionals are uniquely qualified to provide the service and industry expertise necessary to drive their organizational success. Your challenges are our challenges, and chances are, we have successfully faced them many times before. Aside from this, here are a number of reasons how the United City of Yorkvlle can benefit from a relationship with Sikich. ACCESS With Sikich, you get access to a multitude of resources that will help your organization grow today and in the future. ACCESS TO SENIOR RESOURCES You will gain confidence in your operations by working with a team of articulate professionals who have received the highest recognitions in their fields. To demonstrate the importance of our relationship, we pledge to provide you with unparalleled involvement from our most senior resources. Our partners are on-site during audit fieldwork and are available year-round for direct consultation as issues occur. ACCESS TO EDUCATION The United City of Yorkvlle will remain abreast of regulatory changes and best organizational practices as Sikich’s team receives ongoing continuing education they will directly apply to the City’s engagement. We accomplish this by anticipating your needs based on our experience with you and your industry, and using a variety of communication channels: timely responses to your questions; informal discussions; mailings on topics of interest to you; and relevant seminars, all of which are complimentary for our clients. Past topics of thought leadership have included: ▪ Governmental Accounting and Financial Reporting Update ▪ GASB Statement No. 84 Fiduciary Activities ▪ GASB Statement No. 87 Leases ▪ The New GASB Reporting Model ▪ Accounting & Report for Cash and Investments ▪ Preparing a Management’s Discussion and Analysis ▪ Capital Assets including Asset Retirement Obligations and Impairments ▪ Long-Term Debt and Leases ▪ Economic Condition Reporting ▪ Financial Reporting Entity ▪ Accounting for Insurance and Employee Benefits ▪ Payroll Reporting for Government Entities ▪ Year-End Payroll Updates ▪ The New Look of HR: 2021 ▪ Fraud and Internal Controls ▪ Fraud and Cybersecurity in the Remote Environment The United City of Yorkville Service Proposal | 11 ACCESS TO VALUE Your organization will receive extraordinary value for Sikich’s fee because we are dedicated to a customer-centric approach that includes open communication, respect and clear results. As a leader, the overall success of your organization should be the core of your focus. We’re here to be your trusted advisor for those functions you can’t focus on every moment, as well as for issues affecting the government industry, including new accounting pronouncements and employee benefit regulations. We understand that each client has its own unique set of needs, business practices and operating environment. Our services are tailored to the specific needs of your organization. EXPERIENCE Helping clients achieve long-term success is what we do. Our professionals will bring to your engagement the deep industry and service-level experience they have accumulated throughout the years. EXPERIENCE IN YOUR INDUSTRY Sikich’s state and local government team provides services to more than 450 counties, cities, villages, towns and other local governments. Many of these have been long-standing clients and are evidence of our dedication to the state and local government industry and our ability to provide high quality, timely services within this specialized industry. These clients and related work have enabled our firm to develop an extensive nationally recognized expertise in governmental accounting, auditing and financial reporting procedures and practices. Senior members of our government services team presently hold memberships and are actively involved in numerous governmental organizations, including: ▪ AICPA Government Audit Quality Center ▪ American Institute of Certified Public Accountants (AICPA) ▪ Central Association of College and University Business Officers (CACUBO) ▪ GFOA Special Review Committee (SRC) ▪ Government Finance Officers Association of Missouri (GFOA-MO) ▪ Government Finance Officers Association of the United States and Canada (GFOA) ▪ ICPAS Governmental Report Review Committees ▪ IGFOA Technical Accounting Review Committee ▪ Illinois Association of County Board Members and Commissioners (IACBMC) ▪ Illinois Association of Fire Protection Districts (IAFPD) ▪ Illinois Association of Park Districts (IAPD) ▪ Illinois Association of School Business Officials (IASBO) ▪ Illinois City/County Management Association (ILCMA) ▪ Illinois County Treasurers’ Association (ICTA) ▪ Illinois CPA Society (ICPAS) ▪ Illinois Government Finance Officers Association (IGFOA) ▪ Illinois Library Association (ILA) ▪ Illinois Municipal Treasurers Association (IMTA) ▪ Illinois Parks and Recreation Association (IPRA) ▪ Illinois Tax Increment Association (ITIA) ▪ International City/County Manager’s Association (ICMA) ▪ National Association of College and University Business Officers (NACUBO) The United City of Yorkville Service Proposal | 12 EXPERIENCE IN WHAT WE DO Your Sikich engagement team is comprised of senior CPAs who have been working in the field for years. Providing high- quality audit services is second nature to each of them, which is proven through our impressive track record of helping clients succeed. This team will provide the United City of Yorkvlle with timely completion of professional services. Moreover, members of the Sikich government services team have served as expert speakers to organizations, state GFOAs and others for formal presentations at local meetings and annual conferences on a variety of governmental accounting, auditing and financial reporting topics. We have also developed governmental accounting, auditing and financial reporting training courses for various organizations with members of our firm serving as lead instructors for the courses. EXPERIENCE IN GOVERNMENT OPERATIONS Because of our large, diverse client base and our ability to attract talent from a variety of professional backgrounds, Sikich has an established reputation as one of the leading providers of professional services in the Midwest to governmental entities. Our team of professionals specializes in the management, operations and financing of general purpose state and local governments, park districts, intergovernmental organizations, municipal utilities and special districts. This focus and our exemplary reputation assure the City the highest quality work and the most cost-effective delivery of services. INITIATIVE One of our strengths at Sikich is our need to be proactive. We find potential issues before you have to worry about them, because we’re ready with a solution. INITIATIVE FOR A SMOOTH TRANSITION Your transition to Sikich will be a non-disruptive one. Brian and Nick have directed the transition of many new clients and will bring this experience to the City’s engagement team. Your engagement team will have continuous, hands-on involvement in what we consider an important relationship with the City. We have many ways of achieving this transitions such as: ▪ Developing an agreed-upon timetable for deliverables and follow up regularly on their progress ▪ Utilizing concise audit programs, eliminating unnecessary audit steps and preparing audit schedules and workpapers ▪ Using existing client materials to the greatest extent possible, such as internal control memos and client assistance letters INITIATIVE FOR CUSTOMIZED SOLUTIONS One-on-one, you will receive customized solutions based on your unique needs, and only your unique needs. You will find that achieving financial stability and growth, as well as uncovering new opportunities to improve performance, is possible through the strategies that Sikich experts will recommend and on which they will educate you. After a more thorough review of your operations and audit-specific matters, we may uncover other opportunities. As part of our ongoing service and commitment to the City, we keep you abreast of regulatory changes and best business practices to ensure we identify crucial opportunities that will benefit the City. INITIATIVE FOR YOUR SATISFACTION The United City of Yorkvlle’s success is built upon the quality services and value you feel you receive from Sikich, which is why we will continually gauge your satisfaction to enhance our relationship. At various checkpoints during the engagement, a Sikich representative will meet with you to discuss how satisfied you have been with our services, our team and the value we provide. Areas stressed during these meetings will include: ▪ What can we do to make our services more valuable to you? ▪ What specific part of our service exceeded your expectations? ▪ In which areas do you feel we need improvement? ▪ Do you feel like a valued client of the firm? ▪ What is your vision for the United City of Yorkvlle? The United City of Yorkville Service Proposal | 13 SCOPE OF SERVICES FOR THE UNITED CITY OF YORKVLLE We will exceed your expectations by conducting and delivering on a high-quality engagement within your required timeline—all for a reasonable fee. We are proposing to provide the following services to the United City of Yorkvlle as specified in the RFP: ▪ Audit of basic financial statements and discretely presented component unit (Yorkville Public Library) of the United City of Yorkville for the fiscal year ending April 30, 2022. ▪ Preparation of twenty (20) bound copies and an electronic copy (.pdf) of the annual comprehensive financial report (report covers, dividers, introductory section, MD&A and certain statistical data to be provided by the City); ▪ Preparation of fifteen (15) bound copies and an electronic copy (.pdf) of the management letter for the City, communicating any material weaknesses and significant deficiencies found during the audit and our recommendations for improvement; ▪ Preparation of twelve (12) bound copies and an electronic copy (.pdf) of the report on compliance with Public Act 85-1142 (TIF); ▪ Preparation of one (1) bound copy and an electronic copy (.pdf) of the Annual Financial Report (AFR) filed with the County Clerk and State Comptroller; ▪ Preparation of twelve (12) bound copies and an electronic copy (.pdf) of the Single Audit Report, if applicable; ▪ Preparation of Data Collection Form to be submitted to the Federal Audit Clearinghouse, if applicable ▪ Assistance in completing and filing the required application and supporting documents to apply for the Certificate of Achievement for Excellence in Financial Reporting; ▪ Retain workpapers for seven (7) years in accordance with firm standards; ▪ Reporting to the City Council in accordance with Statement on Auditing Standards (SAS) No. 114, Communications with Those Charged with Governance; and ▪ Exit conference(s) with City Officials to present the completed audit and related materials. The United City of Yorkville Service Proposal | 14 CLIENT SERVICE TIMELINE EVENT PERSON(S) ASSIGNED TIMEFRAME MAR APR MAY JUN JUL AUG SEP OCT I. Preliminary Planning During this phase of the audit, we would meet with representatives of the City to discuss the approach we would take during the audit, focusing on areas of particular concern to the City as well as areas of high audit risk, and develop the time schedule for completing the subsequent phases of the audit. The meeting would be attended by the engagement partner and engagement manager, if necessary. II. Preliminary Fieldwork During this phase of the audit, we would develop an understanding and documentation of the City’s accounting and administrative controls using its accounting procedures manual, EDP documentation and by interviewing staff. In addition, we may perform compliance testing of those controls to determine which controls, if any, that we could rely on during later phases of the audit. Sample sizes would be determined during this phase, but generally would be between 25 and 60. Moreover, we would develop our planning materiality on an individual fund basis and complete a preliminary analytical review of the City’s financial position as a whole. In addition, we would review all minutes from the meetings of the City Council, the Pension Board, and the Library Board; review all ordinances adopted during the year; review any debt agreements entered into during the year and analyze any other unique transactions entered into by the City; and perform our fraud interviews in accordance with Statement on Auditing Standards (SAS) No. 99. Upon completion of this phase, we would finalize all necessary confirmations the City will prepare; review all proposed client assisted work papers and the timing of preparation by the City; develop our audit programs for the next phase of the audit and review and document any changes to the City’s Annual Comprehensive Financial Report; and prepare the schedule for the remainder of the a udit. This phase would be completed by the engagement partner, engagement manager and one professional staff. III. Fieldwork During this phase of the audit, we would complete all of our substantive testing of the account balances and prepare the draft of the City’s financial statements with a rough draft of the financial statements provided to the City at the conclusion of field work. We would also prepare the draft of the management report. In addition, an exit conference would be held with officials from the City to discuss the preliminary results of the fieldwork, review any proposed audit adjustments, final adjusted trial balances that agree to the financial statements and any significant findings. This phase would be completed by the engagement partner, engagement manager and one to two professional staff. The United City of Yorkville Service Proposal | 15 EVENT PERSON(S) ASSIGNED TIMEFRAME MAR APR MAY JUN JUL AUG SEP OCT IV. Workpaper Review and Report Production During this phase of the audit, the workpapers, drafts of all financial reports and the management letter will be reviewed by the resource partner and the quality control partner. All workpapers are reviewed by t he engagement partner during phase III to ensure that all necessary information is compiled during this phase to avoid imposing upon the City’s staff after fieldwork has been completed. This phase would be completed by the engagement partner, resource partner and the quality control partner. V. Drafts to the United City of Yorkville We will deliver a preliminary draft of the Annual Comprehensive Financial Report at the end of fieldwork. A revised draft will be delivered by the engagement partner and reviewed in-depth with representatives of the City within three weeks of the preliminary draft. A revised draft, if necessary, will be delivered to the City no later than three business days after receiving all proposed changes. This phase would be completed by the engagement partner. Draft by September 15. VI. Completion of the Audit Upon approval of the drafts by the City, we will present the signed, bound copies of the annual comprehensive financial report, the management letter and the additional reports described in this proposal. The engagement partner will be available for meetings with representatives of the City including the City President, the City Council and management for formal presentations of the reports. This phase would be completed by the engagement partner.Final by October 15. VII. Support to the United City of Yorkville Our firm does not believe that the engagement ends with the exit conference. We stress that we are available throughout the year to provide technical accounting and financial reporting assistance and support to the City. In addition, we constantly monitor recent events in the state and local government industry, including new pronouncements that may impact our government clients, and communicate the effect of any proposed changes throughout the year. Moreover, our letter of recommendations each year will alert the City to any new pronouncements that may become effective in the next one to three years, including the potential effect that the pronouncement may have on the financial position and/or changes in the financial position of the City. This phase would be completed by the engagement partner. Ongoing In future years, we would develop a similar plan and timeframe with the assistance of the United City of Yorkvlle to ensure the timely identification and resolution of any critical accounting and auditing issues prior to the issuance of our opinion and the annual comprehensive financial report. These completion dates are well within the deadlines established by the United City of Yorkvlle. We have a proven track record of meeting and exceeding deadlines established by our clients. The United City of Yorkville Service Proposal | 16 IDENTIFICATION OF POTENTIAL AUDIT PROBLEMS Our firm’s approach to resolving any problems that arise during the audit is the same as our overall approach to the audit―professionalism. Professionalism in performing the audit is the cornerstone to our philosophy during all phases of the audit. Any problems encountered during the audit, except for irregularities and illegal acts, will be discussed and documented with the Director of Finance. The timing of this discussion will provide the United City of Yorkvlle with ample time to rectify any situations that may otherwise result in the issuance of a qualified audit opinion. Irregularities and illegal acts detected or of which we become aware of will be communicated in writing to the City Administrator or the appropriate level as defined in our professional standards. Our firm’s philosophy on additional fees and/or billings is based on an understanding between the firm and the client of the scope of the work to be performed. We have proposed a “not -to-exceed fee” for the audit, the scope and timing of which was specified by the United City of Yorkvlle. The billings for the audit would not exceed this fee unless the City specifically requests that the scope of the engagement be expanded and the City and the firm reach a mutual agreement, in writing, as to the expanded scope of the engagement and the fee, if any, for the expanded scope. Sikich will comply with all relevant rules and regulations of authoritative bodies and the AICPA Code of Professional Conduct regarding access to our working papers and audit documentation. Reasonable requests for access will not be denied. On page 5 of the request for proposal, regarding the indemnification paragraph, t he AICPA Code of Professional Conduct stipulates an auditor’s independence would be impaired if the auditor indemnifies a client for damages, losses or costs arising from lawsuits, claims or settlements that relate, directly or indirectly, to the client’s acts (ET Section 1.228.020). We believe the indemnification provision, which appears to include the auditor’s indemnification of client for client’s acts would result in the impairment of independence of any auditor. Our review of the April 30, 2021 annual comprehensive financial report identified the Yorkville Public Library being reported as a special revenue fund. While the City appropriately included the Library within their reporting entity, our recommendation would be to reclassify the Library from a special revenue fund to a discretely presented component unit in accordance with GASB Statement No. 61. Additional resources and guidance, specific to this conclusion can be found on the Illinois Government Finance Officers Technical Accounting Review Committee website: https://www.igfoa.org/content/documents/igfoatarcgasb61whitepaperfinal.pdf The United City of Yorkville Service Proposal | 17 ADDITIONAL RESOURCES AND SERVICES With more than a dozen services, our areas of expertise are oftentimes complementary of one another. How else can we help you meet your government’s goals? Many times, the challenges for which you enlist Sikich’s help may be faced more effectively by integrating several of our services. Take a look at what we offer, and talk to your engagement partner about how these services may complement what you are already seeking. DISPUTE ADVISORY Disputes of any kind or size can be difficult to handle on your own. For example, what would happen if you began suspecting employee fraud within your organization? A dispute advisory expert can handle every aspect, from insurance claim preparation and being the liaison with law authorities, to creating a fraud prevention program and improving your organization’s internal controls. HUMAN RESOURCES Your people are a large part of what makes up your organization. Recruiting, training and retaining employees are vital parts of ensuring your organization continues to provide only the best for your constituency. With services such as recruiting and onboarding, compensation and compliance, employee benefits and more, you can better understand what will keep your employees happy and productive. MARKETING The effectiveness of your marketing efforts can make or break your organization’s success. From eye-catching logos to print and digital collateral, every piece must work for an intended audience. By delivering the right stories and amplifying those messages, you will properly position your organization in the marketplace. NOT-FOR-PROFIT SERVICES Funding challenges, increased demand from stakeholders and changing trends and policies can make it difficult for not-for-profit organizations to reach their goals. For those common challenges and others more specific to your organization, you need a professional services partner with an industry-dedicated team to deliver the accounting, advisory and technology services that will help you work toward your mission. PROCESS IMPROVEMENT Processes truly define organizations, but are often forgotten when seeking root causes to problems or managing more efficient and effective services. Improvements to existing processes―ranging from development review to utility billing ―have the potential to decrease cycle time, increase quality and result in higher customer satisfaction. Sikich employs a customer-centric approach to process improvement by involving internal and external customers to understand and make meaningful improvements while continuing to meet their needs. PUBLIC RELATIONS Achieve a higher media profile, greater mindshare among your constituents and proper positioning in the marketplace with a thoughtful, research-based and integrated approach to public relations. From overall positioning to media relations, conveying the right stories to the right people is critical in an effective public relations program. TECHNOLOGY: IT SERVICES Staying ahead of, or even simply keeping up with, continually changing and complex technology developments can be challenging. Organizational management software, cloud solutions, strategic information technology and IT consulting can all drive your organization toward increased productivity—if implemented the right way. TECHNOLOGY: SECURITY AND COMPLIANCE Keeping your organization safe from data breaches and other information security concerns is critical, especially given the vast number of organizations that have been compromised in the last couple of years. Understand where the vulnerabilities in your network lie by obtaining independent, unbiased and technically qualified security assessments— from penetration testing to forensic analyses. The United City of Yorkville Service Proposal | 18 FEE PROPOSAL PROPOSAL COST SUMMARY See Fee Proposal in the Exhbitis Section These fees assume that the United City of Yorkvlle will provide the auditors with electronic copies of adjusted trial balances by individual funds, a year-to-date general ledger with details of postings to all accounts, subsidiary ledgers that agree or are reconciled to the general ledger, and will prepare certain schedules of account analysis and confirmations of account balances. We invoice our clients on a monthly basis as services are provided. Payments for all services are due within 60 days of receipt of an invoice. Invoices not paid within 60 days are assessed a finance charge of 1 percent per month (12 percent annually). The United City of Yorkville Service Proposal | 19 EXHIBITS We know you likely have many more questions for us. Take a look at the attached documents for additional information about our firm and those who will work with you. CONTRACTOR CERTIFICATIONS REFERENCES FEE PROPOSAL ADDENDUM #1 ENGAGEMENT TEAM BIOGRAPHIES ▪ Brian D. LeFevre, CPA, MBA ▪ Anthony M. Cervini, CPA, CFE ▪ James R. Savio, CPA, MAS ▪ Nick Bava, CPA, MAS SIKICH RESOURCES STATE & LOCAL GOVERNMENT SERVICES FIRM PROFILE PEER REVIEW CONTRACTOR CERTIFICATIONS 1. Insurance. The undersigned certifies that it has all insurance coverages required by law or would normally be expected for the work to be performed and a copy shall be filed with the City upon request by the City for approval by the City. 2. The undersigned; A. Certifies that it is not barred from bidding or contracting with the City as a result of a violation of either Paragraph 33E-3 or 33E-4 of Act 5, Chapter 720 of the Illinois Complied Statutes regarding criminal interference with public contracting, and B. Swears under oath that it is not delinquent in the payment of any tax administered by the Illinois Department of Revenue as required by Chapter 65, Act 5, paragraph 11-42.1 of the Illinois Complied Statutes, and C. States that is has a written sexual harassment policy as required by the Illinois Human Rights Act (775 ILCS 5/2-105(A) (4) a copy of which shall be provided to the City upon request, and D. Agrees to comply with the requirements of the Illinois Human Rights Act regarding Equal Employment Opportunities as required by Section 2-105 of the Illinois Human Rights Act (775 ILCS 5/2-105) E. Agrees to comply with the civil rights standards set forth in Title VII of the Civil Rights Act as mandated in Executive Order No. 11246, U.S.C.A. Section 2000e n.114 (September 24, 1965) 3.All work under this contract shall be executed in accordance with all applicable federal, state, and City laws, ordinances, rules and regulations which may in any manner affect the performance of this contract. Dated: ___________ Contractor: _________________________ By: _____________________________ Title: _____________________________ 7 December 17, 2021 Sikich LLP Brian D. LeFevre Partner REFERENCES ORGANIZATION ______________________________________________________ ADDRESS ___________________________________________________________ CITY, STATE, ZIP ___________________________________________________________ PHONE NUMBER ___________________________________________________________ CONTACT PERSON__________________________________________________________ DATE OF PROJECT__________________________________________________________ ORGANIZATION ___________________________________________________________ ADDRESS ___________________________________________________________ CITY, STATE, ZIP ___________________________________________________________ PHONE NUMBER ___________________________________________________________ CONTACT PERSON__________________________________________________________ DATE OF PROJECT__________________________________________________________ ORGANIZATION ___________________________________________________________ ADDRESS ___________________________________________________________ CITY, STATE, ZIP ___________________________________________________________ PHONE NUMBER ___________________________________________________________ CONTACT PERSON__________________________________________________________ DATE OF PROJECT__________________________________________________________ Proposer’s Name & Title: ________________________________________________ Signature and Date: ________________________________________________ 8 City of Batavia 100 N. Island Avenue Batavia, Illinois 60510 630.454.2030 Ms. Peggy Colby 2012 - present City of St. Charles 2 E. Main Street St. Charles, Illinois 60174 630.377.4914 Ms. Colleen Lavery 2006 - present Village of Oswego 100 Parkers Mills Oswego, Illinois 60506 630.551.2325 Mr. Mark Horton 2006 - present Brian D. LeFevre, Partner December 17, 2021 FEE PROPOSAL SCHEDULE OF PROFESSIONAL FEES FOR THE AUDIT OF THE FINANCIAL STATEMENTS AS OF APRIL 30TH FOR THE FISCAL YEARS LISTED BELOW: United City of Yorkville audit: 2022 2023 2024 2025 2026 $ $ $ $ $ Police Pension audit: 2022 2023 2024 2025 2026 $ $ $ $ $ TIF Compliance reports: 2022 2023 2024 2025 2026 $ $ $ $ $ Single Audit (if required): 2022 2023 2024 2025 2026 $ $ $ $ $ SCHEDULE OF PROFESSIONAL FEES FOR ADDITIONAL SERVICES, Quoted Hourly Rates for the Fiscal Years listed below: 2022 2023 2024 2025 2026 Partner $ $ $ $ $ Manager $ $ $ $ $ Supervisor $ $ $ $ $ Staff $ $ $ $ $ Clerical $ $ $ $ $ Firm Name: ________________________________________________ Address: ________________________________________________ ________________________________________________ Signature: ________________________________ Date: __________ Printed Name: ________________________________________________ Title: ________________________________________________ Phone Number: _________________________________________________ 9 26,300 4,500 3,200 4,200 27,090 4,635 3,300 4,330 27,900 4,775 3,400 4,460 28,740 4,920 3,505 4,595 29,605 5,070 3,610 4,735 332 342 352 363 374 255 263 271 279 287 157 162 167 172 177 143 147 152 156 161 55 57 58 60 62 Sikich LLP 1415 W. Diehl Road, Suite 400 Naperville, IL 60563 December 17, 2021 Brian D. LeFevre Partner 630.566.8505 REQUEST FOR PROPOSAL AUDITING SERVICES ADDENDUM #1 December 7, 2021 A.IMPORTANT INSTRUCTIONS TO BIDDERS This addendum must be read, signed and dated by the bidder and included with the bid documents submitted by the bidder on or before the bid closing date and time. Failure to include this addendum with the bid documents may result in bid rejection. Bidder will carefully note the inclusion of this addendum on the bid form. B.ATTACHMENTS TO THIS ADDENDUM: 1.United City of Yorkville – Audit Journal Entries C. CHANGES: D.ADDITIONS: E.DELETIONS: F.SCHEDULE: G.CLARIFICATIONS: 1.Question - The RFP includes a Single Audit as part of scope. Did the City require a Single Audit for 4/30/21 due to CRF (or other) funding? If not, when was the last time a Single Audit was required? Response - Yes 2.Question - Have there been any significant changes in personnel or other changes in internal control or operations since the last audit? Response - No 3.Question - Approximately how many bank and investment accounts are there? Response - 10 bank accounts and 5 investment accounts. 4.Question - The 2021 report includes a subsequent event note on a new bond issue. Are any significant, additional debt issuances currently planned? Response - We are currently in the process of refunding the 2011 Ref Bonds in the Sewer Fund and issuing $1M in new money for a total of $5.155M. The final bond ordinance is slated to be approved by Council on December 14, 2021 with the closing to occur in early January 2022. 5.Question - Does the City maintain all capital asset records, or is auditor assistance needed? REQUEST FOR PROPOSAL AUDITING SERVICES ADDENDUM #1 December 7, 2021 Response - Yes, the City maintains all capital asset records. 6.Question - The RFP references three TIFs. Based on a review of the Comptroller website, it was not clear if the Downtown TIF II fund has yet to reach the revenue level to trigger an audit requirement. Has it exceeded the $100,000 cumulative revenue mark yet? Response - The Downtown TIF II Fund will exceed the $100,000 cumulative revenue mark by the end of the current fiscal year (FY 2022). 7.Question - What were the fees for the 2021 audit for each of the components requested in the RFP fee schedule? Response - UCOY Audit - $32,200 Police Pension Audit - $2,800 TIF Compliance Reports - $560 Single Audit (if required) - $3,700 Question - Were there any unusual or one-time elements of the 2021 fee that will not be expected to impact 2022 and beyond? Response - No. 8.Question- Please also clarify that no auditor assistance is needed with preparing the MD&A or statistical sections (beyond the statistical schedules that flow directly from the financial statements). Response - Historically our auditors have updated the net position, changes in net position, fund balance/change of fund balance in gov funds and pledged revenue sections of the stats section, since it flows directly from the financials. The City updates the rest, including the MD&A. 9.Question - Has the City begun assessing the impact of the new lease standard (GASB 87)? Response - Yes, on a preliminary basis. 10.Question - How many leases (both lessee and lessor) does the City have? Response - Two, pertaining to copier and managed print services. 11.Question - Have there been any disagreements or difficulties with recent audits? Response - No. 12.Question - Will the current audit firm be allowed to bid again or is rotation being required at this time? Response - The current audit firm can bid again. REQUEST FOR PROPOSAL AUDITING SERVICES ADDENDUM #1 December 7, 2021 13.Question - Are there any aspects of the relationship with your current auditors that you would like to see improved? Response - No. 14.Question - Is the previous auditor bidding on the engagement or is this a mandatory rotation Response - Please see answer for # 12. 15.Question - How long were the auditors present at the City for preliminary and final fieldwork? Response - Day or two for preliminary, one to two weeks for final fieldwork. 16.Question - How many auditors are usually in the field? Response - 1 to 2 for preliminary, 2 to 3 for final fieldwork. 17.Question - Does the City anticipate expending greater than $750,000 in Federal funds during the period covered by the request for proposal? Response -Yes, Due to the receipt of ARPA funds. 18.Question - Does the audit firm maintain any information for the City? (i.e. capital assets, long term debt)? Response - No. 19.Question - How many journal entries were proposed by the auditing firm for the FY2021 audit? Would the City be willing to provide the journal entry listing? Response - Four, please find the journal entries attached. 20.Question - Does the Village prepare all accrual entries for the audit? Response - Yes. 21.Question - What were the fees for the FY2021 audit? Response - Please see answer from # 7. 22.Question - On page 5 of the request for proposal, regarding the indemnification paragraph, the AICPA Code of Professional Conduct stipulates an auditor’s independence would be impaired if the auditor indemnifies a client for damages, losses or costs arising from lawsuits, claims or settlements that relate, directly or indirectly, to the client’s acts (ET Section 1.228.020). We believe the indemnification provision, which appears to include the auditor’s indemnification of client for client’s acts would result in the impairment of independence of any auditor. Would you like us to include this language in our proposal? Response – Yes, please include in proposal. REQUEST FOR PROPOSAL AUDITING SERVICES ADDENDUM #1 December 7, 2021 22.Question - With the Library being audited as a separate component in accordance with GASB Statement No. 61, would the City prefer a separate fee be itemized in our proposal for these services? Response – No, historically the Library Fund has been reported as a fund of the City (special revenue) instead of a component unit, as its board is appointed by the Mayor, with Council consent. H.ACKNOWLEDGMENT The Bidder acknowledges receipt of this Addendum and understands its content to the Bid Documents. I.SIGNATURE AND DATE Authorized Signature Date December 17, 2021 Audit Journal Entries AJE Account Account #Number Description Debit Credit 1 01-000-13-00-1380 GRANT RECEIVABLE 18,060 01-000-41-00-4170 STATE GRANTS 18,060 2 01-000-13-00-1339 A/R - VIDEO GAMING TAX 19,887 01-000-40-00-4055 VIDEO GAMING TAX 19,887 Entry to adjust FY2021 Video Gaming Accrual to actual at year-end 3 51-000-18-00-1880 ASSET RETIREMENT OBLIGATIONS 6,296,555 51-000-27-00-2780 ASSET RETIREMENT OBLIGATIONS 6,379,000 51-510-66-00-6600 AMORTIZATION EXPENSE - DEBT 82,445 CLIENT PROPOSED: Entry to adjust GASB 83 items to adjust for current cost focus 4 52-000-18-00-1870 DEFERRED OUTFLOWS - OTHER POST-EMPLOYMENT BENEFITS 15,717 52-000-20-00-2010 OPEB LIABILITY - OTHER POST-EMPLOYMENT BENEFITS 14,389 52-000-29-00-2970 DEFERRED INFLOWS - OTHER POST-EMPLOYMENT BENEFITS 6,468 52-520-67-00-6X2021 PENSION EXPENSE - OPEB 5,140 51-000-18-00-1870 DEFERRED OUTFLOWS - OTHER POST-EMPLOYMENT BENEFITS 26,101 51-000-20-00-2010 OPEB LIABILITY - OTHER POST-EMPLOYMENT BENEFITS 34,934 51-000-29-00-2970 DEFERRED INFLOWS - OTHER POST-EMPLOYMENT BENEFITS 10,388 51-510-67-00-6X2021 PENSION EXPENSE - OPEB 19,221 POST-DRAFT: Entry to record OPEB Activity for Water and Sewer Funds TOTAL 6,483,126 6,483,126 - April 30, 2021 ALL AJEs RECORDED AS NOTED ABOVE. NO PASSED AJEs FROM THE AUDIT. UNITED CITY OF YORKVILLE, ILLINOIS CLIENT PROPOSED: Entry to record receivable at year end for ILETSB Reimbursement for Police Training L&A Only Entries AJE Account Account #Number Description Debit Credit RW 1 01-000-41-00-4160 FEDERAL GRANTS 784,715 01-000-41-00-4X2021 FEDERAL GRANTS - CARES 784,715 L&A ONLY: Entry to reclassify grants for testing purposes RW 2 25-225-92-00-8000 PRINCIPAL PAYMENT 54 25-225-92-00-8050 INTEREST PAYMENT 54 L&A ONLY: Entry to split principal and interest expenses for testing purposes RW 3 51-510-66-00-6600 AMORTIZATION EXPENSE - DEBT 119,599 51-510-66-00-6X2021 AMORTIZATION EXPENSE - GASB 83 119,599 L&A ONLY: Entry to split amortization expense on bonds and GASB 83 for testing purposes RW 4 51-510-66-00-6600 AMORTIZATION EXPENSE - DEBT 82,445 51-510-66-00-6X2021 AMORTIZATION EXPENSE - GASB 83 82,445 L&A ONLY: Entry to readjust amortization expense on GASB 83 for testing purposes TOTAL 986,813 986,813 April 30, 2021 UNITED CITY OF YORKVILLE, ILLINOIS BRIAN D. LEFEVRE CPA, MBA Partner Brian D. LeFevre, CPA, MBA, is responsible for providing technical services to Sikich's governmental clients in all areas of governmental accounting, auditing, financial reporting, budget development, revenue and expenditure forecasting, and cash and debt management. Brian has participated in hundreds of audits of municipalities and other governmental units since he began his career with Sikich in 1993. He has also been responsible for developing and serving as lead instructor for governmental accounting, auditing and financial reporting training courses internally for the Firm and for the Illinois Government Finance Officers Association (IGFOA). Brian previously served as Chair of the Governmental Report Review Committee of the Illinois CPA Society. SERVICE AREAS • Governmental Audit, Accounting • Governmental Financial Reporting • Police and Fire Pension Accounting Services AFFILIATIONS • American Institute of Certified Public Accountants • Illinois CPA Society, Governmental Report Review Committee • Illinois Government Finance Officers Association • GFOA Special Review Committee • Northern Illinois Alliance of Fire Protection Districts • Illinois Public Pension Fund Association • Aurora Downtown Kiwanis Club, Former Treasurer and Board Member • Greater Aurora Chamber of Commerce Leadership Academy, Class of 1996 • Lord of Life Church, Former Executive Director and Treasurer EDUCATION • Bachelor's Degree in Accounting, Valparaiso University • Master of Business Administration, Northern Illinois University LOCATION: NAPERVILLE OFFICE 1415 W. Diehl Road Suite 400 Naperville, IL 60563 P: 630.566.8505 F: 630.499.5885 brian.lefevre@sikich.com ANTHONY M. CERVINI CPA, CFE Partner-in-Charge, Government Services Anthony M. Cervini, CPA, CFE, is responsible for providing technical services to Sikich’s governmental clients in all areas of governmental accounting, auditing, financial reporting, budget development, internal controls, revenue and expenditure forecasting, and cash and debt management. Anthony has participated in hundreds of audits of municipalities and other governmental entities since beginning his career with Sikich in 2005. He also has been responsible for serving as lead instructor for governmental accounting, auditing, financial reporting, cash management and internal control courses internally and for the Illinois Government Finance Officers Association (IGFOA), Wisconsin Government Finance Officers Association (WGFOA) and Illinois CPA Society. Anthony serves on the GFOA Special Review Committee and the Illinois CPA Society Government Report Review Committee and previously served as a budget reviewer for the Government Finance Officers Association Distinguished Budget Presentation Award. SERVICE AREAS • Governmental Audit, Accounting • Governmental Financial Reporting AFFILIATIONS • American Institute of Certified Public Accountants • Illinois CPA Society Government Report Review Committee GAAP Sub-Chair (2018-2020) • Illinois Government Finance Officers Association • Wisconsin Government Finance Officers Association • GFOA Special Review Committee • Naperville Area Humane Society, Treasurer (2010-2017) • PrimeGlobal Managers’ Leadership Program (2015-2016) EDUCATION • Bachelor’s Degree in Accounting, The University of Iowa • Master of Business Administration, Benedictine University LOCATION: NAPERVILLE OFFICE 1415 W. Diehl Road Suite 400 Naperville, IL 60563 P: 630.566.8574 F: 630.499.8668 anthony.cervini@sikich.com JAMES R. SAVIO CPA, MAS Partner James R. Savio, CPA, MAS, is responsible for providing technical services to Sikich's governmental clients in all areas of governmental accounting, auditing, financial reporting, revenue and expenditure forecasting and cash and debt management. Jim has participated in hundreds of audits of municipalities and other governmental units since he began his career with Sikich in 1995. He has also been responsible in developing and serving as lead instructor for governmental accounting, auditing, financial reporting and cash management courses both internally and externally. Jim serves on the Illinois Government Finance Officers Association's Technical Accounting Review Committee and the Illinois CPA Society Governmental Executive Committee. Jim also serves as a committee member for Sikich's mentoring program and assists in the development and implementation of Sikich's new hire training program. SERVICE AREAS Governmental Audit, Accounting Governmental Financial Reporting AFFILIATIONS American Institute of Certified Public Accountants Illinois CPA Society, Governmental Executive Committee Illinois Government Finance Officers Association Technical Accounting Review Committee Greater Aurora Chamber of Commerce Leadership Academy, Class of 1998 EDUCATION Master of Accounting Sciences, Northern Illinois University Bachelor's Degree in Accounting, Northern Illinois University LOCATION: NAPERVILLE OFFICE 1415 W. Diehl Road Suite 400 Naperville, IL 60563 P: 630.566.8516 F: 630.499.5656 jim.savio@sikich.com NICK BAVA CPA, MAS Senior Audit Manager Nick Bava, CPA, MAS, is a senior audit manager at Sikich, where he provides assurance and advisory services to a variety of governmental entities, with a focus on cities, villages , and park districts. He also works with not-for-profit entities including community colleges . He is responsible for providing technical services to Sikich ’s government clients in all areas of governmental accounting, auditing, financial reporting, budget development, internal controls, revenue and expenditure forecasting, and cash and debt management. Acting as the liaison between the client and engagement team, Nick conducts audit engagements, prepares and reviews financial statements, and assesses clients’ business processes . SERVICE AREAS • Governmental Audit, Accounting • Governmental Financial Reporting • Not-for-Profit Audit, Accounting AFFILIATIONS • Illinois Government Finance Officers Association, Conference Planning Committee • Illinois CPA Society • Government Finance Officers Association • Metro West Council of Government • Illinois City/County Management Association EDUCATION • Bachelor’s Degree in Accounting, Illinois State University • Master of Accounting Sciences, Northern Illinois University LOCATION: NAPERVILLE OFFICE 1415 W. Diehl Road Suite 400 Naperville, IL 60563 P: 630.210.3092 F: 630.499.7337 nick.bava@sikich.com State & Local Government Resources STATE & LOCAL GOVERNMENT RESOURCES ANTHONY M. CERVINI CPA, CFE Partner-in-Charge Government Services 630.566.8574 anthony.cervini@sikich.com RAYMOND E. KROUSE JR. CPA Partner-in-Charge Uniform Guidance 630.566.8515 ray.krouse@sikich.com DANIEL A. BERG CPA Partner 630.566.8535 dan.berg@sikich.com BRIAN D. LEFEVRE CPA, MBA Partner 630.566.8505 brian.lefevre@sikich.com CHAD LUCAS CPA Partner 217.862.1724 chad.lucas@sikich.com JAMES R. SAVIO CPA, MAS Partner 630.566.8516 jim.savio@sikich.com FREDERICK G. LANTZ CPA Director Government Services 630.566.8557 fred.lantz@sikich.com DEBBIE CRABTREE CPA Accounting Services Senior Manager Government Employee and Payroll Consultant 630.566.8529 debbie.crabtree@sikich.com NICK BAVA CPA, MAS Senior Audit Manager 630.210.3092 nick.bava@sikich.com LINDSEY FISH CPA Senior Audit Manager 630.210.3142 lindsey.fish@sikich.com TOM SIWICKI CPA Senior Audit Manager 630.566.8433 tom.siwicki@sikich.com MARTHA TROTTER CPA Senior Audit Manager 630.566.8581 martha.trotter@sikich.com LAURA BABULA CPA, MAS Audit Manager 630.566.8410 laura.babula@sikich.com GINA KING MPA Audit Manager 630.566.8561 gina.king@sikich.com SARAH MONTANARI CPA, MAS Audit Manager 630.566.8412 sarah.montanari@sikich.com KELLEN O’MALLEY CPA Audit Manager 630.210.3083 kellen.omalley@sikich.com OTHER RESOURCES KAREN S. SANCHEZ CPA, QPA Partner Resource – Employee Benefits 630.566.8519 karen.sanchez@sikich.com KEN CRANNEY Senior Managing Director – Human Capital Management 508.834.7045 ken.cranney@sikich.com SCOTT KOLBE Senior Creative Director – Marketing & Communications 630.566.8442 scott.kolbe@sikich.com SCOTT WEGNER Partner Resource – Technology Services & Products 630.566.8417 scott.wegner@sikich.com BRAD LUTGEN Partner Resource – Technology Security & Compliance 262.754.9400 brad.lutgen@sikich.com MARY O’CONNOR ASA Partner Resource – Fraud Investigation 312.648.6652 mary.oconnor@sikich.com Government agencies experience increasing pressure to be more effective, efficient and transparent. As a government leader, you know how important it is to find a professional services partner that can strategize, plan and implement solutions to meet the goals of your organization. SERVICES SIKICH PROVIDES: • Accounting, Audit, Assurance & Tax • Business Valuation • Fraud Services for Governments • ERP & CRM Software • Human Capital Management & Payroll • Insurance Services • IT Services • Marketing & Communications • Pension Fund Accounting & Consulting Services • Retirement Planning Whether you represent a general purpose local government or special district, Sikich will help you meet your goals by providing professional guidance in your accounting, marketing, human resources, technology and other advisory functions. Experience unparalleled commitment and high-quality, timely services when you partner with the experts at Sikich. For more than 30 years, we have provided: • A highly skilled staff and management team entirely dedicated to government services • An in-depth understanding of the governmental fiscal, management, operating and regulatory environments • Timely and cost-effective service delivery WHO WE SERVE: Our government clients represent a wide range of industry sectors including: • Counties • Cities • Villages • Townships • Other Special Districts • Pension Plans • Park Districts • Forest Preserve Districts • Public Libraries • Community Colleges • School Districts • Water Authorities • Water Reclamation Districts • State Departments & Agencies ©2021 Sikich LLP. All Rights Reserved.SIKICH.COM877.279.1900 | info@sikich.com ACCOUNTING, AUDIT & TAX SERVICES GOVERNMENT SERVICES ANTHONY CERVINI CPA, CFE PARTNER-IN-CHARGE T: 630.566.8574 E: anthony.cervini@sikich.com TEAM LEADER WHY SELECT SIKICH? Our team works devotedly with units of local government like yours to provide the resources required to help you focus on managing your organization, while we take care of everything behind- the-scenes. SIKICH.COM877.279.1900 | info@sikich.com TITLE HERE ©2020 Sikich LLP. All Rights Reserved. GOVERNMENT SERVICES TAMMY ALSOP CPA, CFE PARTNER E: tammy.alsop@sikich.com CHAD LUCAS CPA PARTNER T: 217.862.1724 E: chad.lucas@sikich.com JIM SAVIO CPA, MAS PARTNER T: 630.566.8516 E: jim.savio@sikich.com BRIAN LEFEVRE CPA, MBA PARTNER T: 630.566.8505 E: brian.lefevre@sikich.com OUR EXPERTS MIKE WILLIAMS CPA PARTNER E: mike.williams@sikich.com DAN BERG CPA PARTNER T: 630.566.8535 E: dan.berg@sikich.com FRED LANTZ CPA DIRECTOR T: 630.566.8557 E: fred.lantz@sikich.com ABOUT SIKICH Sikich LLP is a global company specializing in technology- enabled professional services. With more than 1,000 employees, Sikich draws on a diverse portfolio of technology solutions to deliver transformative digital strategies and ranks as one of the largest CPA firms in the United States. From corporations and not-for- profits to state and local governments, Sikich clients utilize a broad spectrum of services and products to help them improve performance and achieve long-term, strategic goals. Securities offered through Sikich Corporate Finance LLC, member FINRA/SIPC. Investment advisory services offered through Sikich Financial, an SEC Registered Investment Advisor. ANGELA DORN CPA PARTNER E: angela.dorn@sikich.com ©2021 Sikich LLP. All Rights Reserved.SIKICH.COM877.279.1900 | info@sikich.com ORGANIZATION Sikich LLP, a leading professional services firm specializing in accounting, technology, investment banking* and advisory services**, has 1,000+ professionals throughout the country. Founded in 1982, Sikich now ranks within the country’s top 30 largest Certified Public Accounting firms and is among the top one percent of all enterprise resource planning solution partners in the world. From corporations and not-for-profits to state and local governments, Sikich clients can use a broad spectrum of services and products that help them reach long-term, strategic goals. INDUSTRIES Sikich provides services and solutions to a wide range of industries. We have devoted substantial resources to develop a significant base of expertise and experience in: ©2021 Sikich LLP. All Rights Reserved.SIKICH.COM877.279.1900 | info@sikich.com SIKICH TOTAL REVENUE FIRM PROFILE AGRICULTURE CONSTRUCTION & REAL ESTATEAUTOMOTIVE DISTRIBUTION & SUPPLY CHAIN HIGH-TECHGOVERNMENT LIFE SCIENCES NOT-FOR-PROFITMANUFACTURING PRIVATE EQUITY PROFESSIONAL SERVICES SERVICES ACCOUNTING, TAX & ASSURANCE TECHNOLOGY • Business Application • Cloud & Infrastructure • Consulting & Implementation • Security and Compliance • Digital Transformation Consulting ADVISORY • Business Succession Planning • Insurance Services • Forensic and Valuation Services • Human Capital Management & Payroll Consulting • Investment Banking • Marketing & Communications • Retirement Plan Services • Supply Chain • Transaction Advisory Services • Wealth Management STATISTICS 2020 Revenue .....................................................................................................$184.2M Total Partners ...........................................................................................................100+ Total Personnel .....................................................................................................1,000+ Personnel count as of 2020 * Securities offered through Sikich Corporate Finance LLC, member FINRA/SIPC. ** Investment advisory services offered through Sikich Financial, an SEC Registered Investment Advisor. Akron, OH (330) 864-6661 Alexandria, VA (703) 836-1350 Boston, MA (508) 485-5588 Chicago, IL (312) 648-6666 Crofton, MD (410) 451-5150 Decatur, IL (217) 423-6000 Indianapolis, IN (317) 842-4466 Los Angeles, CA (877) 279-1900 Milwaukee, WI (262) 754-9400 Minneapolis, MN (331) 229-5235 Naperville, IL (630) 566-8400 Peoria, IL (309) 694-4251 Princeton, NJ (609) 285-5000 Springfield, IL (217) 793-3363 St. Louis, MO (314) 275-7277 St. Louis, MO (636) 532-9525 Washington, MO (636) 239-4785 ©2021 Sikich LLP. All Rights Reserved. FIRM PROFILE SIKICH.COM877.279.1900 | info@sikich.com CERTIFICATIONS All professional accounting staff with more than one year of experience have earned or are working toward earning the Certified Public Accountant designation. Sikich is a member of the American Institute of Certified Public Accountants’ Governmental Audit Quality Center and the Employee Benefit Plan Audit Quality Center. We adhere to the strict requirements of membership, which assure we meet the highest standards of audit quality. In 2020, Sikich received its 11th consecutive unmodified (“pass”) peer review report, the highest level of recognition conferred upon a public accounting firm for its quality control systems. AWARDS SIKICH IS PROUD TO BE PART OF: PRIMEGLOBAL PrimeGlobal is one of the top five largest associations of independent accounting firms in the world, providing a wide range of tools and resources to help member firms furnish superior accounting, auditing, and management services to clients around the globe. 2017 • Bob Scott’s Top 100 VARs • Accounting Today Top 100 VARs • Vault Accounting Top Ranked • When Work Works Award • WorldatWork Work-Life Seal of Distinction • Microsoft Dynamics Inner Circle and President’s Club • Best Places to Work in Illinois • Milwaukee’s 101 Best and Brightest Companies to Work For® • Best Places to Work in Indiana • Chicago’s 101 Best and Brightest Companies to Work For® • Milwaukee Journal Sentinel Top Workplaces in Milwaukee • Chicago Tribune’s Top Workplaces • Crain’s List Chicago’s Largest Privately Held Companies • Boston’s 101 Best and Brightest Companies to Work For® • National Best and Brightest in Wellness • National Best and Brightest Companies to Work For 2018-2021 • 2021, 2020 Great Place to Work® • 2020, 2019 Oracle® NetSuite 5 Star Award • 2019/2020, 2018/2019 Inner Circle for Microsoft Dynamics • Accounting Today Top 100 Firms - ranked top 30 nationally • Accounting Today Top 100 Value Added Reseller Stars (VARs) - ranked top 10 • Best Places to Work in Illinois • Best Places to Work in Indiana • Milwaukee’s Best and Brightest Companies to Work For® • Chicago’s Best and Brightest Companies to Work For® • Boston’s Best and Brightest Companies to Work For® • Bob Scott’s Top 100 VARs Proposal to Provide Professional Auditing Services to: UNITED CITY OF YORKVILLE, ILLINOIS FOR THE YEARS ENDING APRIL 30, 2022, 2023, AND 2024 DECEMBER 10, 2021 Edward G. Tracy, CPA tracy@seldenfox.com 630.472.9456 619 Enterprise Drive | Oak Brook, IL 60523 1776 Legacy Circle | Naperville, IL 60563 630.954.1400 | www.seldenfox.com TABLE OF CONTENTS TRANSMITTAL LETTER 1 FIRM PROFILE 2 FIRM QUALIFICATIONS & EXPERIENCE 4 PARTNER, SUPERVISORY AND STAFF QUALIFICATIONS & EXPERIENCE 7 SPECIFIC AUDIT APPROAH 9 REFERENCES 14 REQUESTED SERVICES 15 FEE TERMS 16 APPENDIX 17 CONTRACTOR CERTIFICATIONS 17 REFERENCES 18 FEE PROPOSAL 19 ADDENDUM Attached This proposal for professional services contains proprietary information of Selden Fox, Ltd. The nature and extent of our services may be described in more detail in an engagement letter issued after your approval of this proposal. Our proposal is subject to the completion of our customary evaluation of prospective clients called for by professional standards. December 10, 2021 United City of Yorkville Attn: Shanel Gayle, Purchasing Manager 800 Game Farm Road Yorkville, Illinois 60560 Dear Ms. Gayle: We are pleased to submit our response to the request for proposal for professional auditing services for the United City of Yorkville (City) for the years ending April 30, 2022, 2023, and 2024. Based on the details of your audit needs, we are confident that given the opportunity to serve the City, we will meet and surpass your expectations as they relate to work product quality, scheduling, and your overall client service experience. We say this with confidence, because our firm brings experience, expertise, and personal service to each of our clients. One factor that greatly impacts the quality of your relationship with an accounting firm is service, and it is something we at Selden Fox take quite seriously. Utilizing a structure that is unusual in the accounting profession, Selden Fox provides the close, personalized service that is associated with a firm much smaller than ours. In addition, this structure ensures that our highest-level professionals are continuously available to serve clients like you. This unique combination of such high-quality work and individualized service is one of the key characteristics that differentiate our firm from many others. It is indeed a true reflection of the pride we take in giving clients our very best. I would like to convey to you our sincerest desire to serve the United City of Yorkville and our gratitude for this opportunity. If selected to handle your audit, I would be personally committed to provide you superior client service. I look forward to your response to our proposal. Very truly yours, SELDEN FOX, LTD. Edward G, Tracy, CPA Executive Vice President EGT UNITED CITY OF YORKVILLE 2 Firm Profile Selden Fox was founded in 1978 when five partners at a national accounting firm knew their clients needed more. The vision of the firm at that time was based on the philosophy that clients deserve quality work for which national firms are known and the close, personalized service of small firms. This philosophy continues to ring true today, and we are humbled by the growth we have experienced over the years. Independence Selden Fox, as a firm and individually among its various shareholders and officers, is independent of the United City of Yorkville, as defined by generally accepted auditing standards/the U.S. General Accounting Office’s Government Auditing Standards. To our knowledge, there have been no professional relationships with Selden Fox or its members and the City or any of its agencies, its elected officials, and employees for at least the last five years. Selden Fox Client Experience Since its inception, Selden Fox has provided audit, accounting, tax, and consulting services to all types of government entities. Specifically, we serve many municipalities, park districts, and libraries. Having worked with so many government entities, we are sensitive to your unique concerns and know we must be flexible when working with you. As a result of our extensive government experience, the value of the client experience you will be provided when working with Selden Fox includes the following components. Accessible Efficient Proactive Personal •Access to the most senior professionals at the firm •Save you and your organization time and money with efficient service and practical advice •Communicate proactively, more than an annual engagement •Go beyond the traditional role of accountant, providing personal service UNITED CITY OF YORKVILLE 3 Firm Profile (continued) What Our Clients Say…. Based on a recent client survey, Selden Fox clients had the following testimonials to share regarding their experience working with Selden Fox. “Selden Fox is very thorough with the audit. They are very diligent. They are very helpful. They go above and beyond what is expected of them.” – Business Manager, Government Entity “When working on our audit Selden Fox was clearly knowledgeable, professional and thorough. They answered questions we had during the process and were very clear about an area that needed addressing. Additionally, they shared great information with our Board of Trustees when the audit was complete and answered any questions they had. Having worked with Selden Fox for several years now after working with another company that was less efficient and professional, I appreciate Selden Fox’s approach and hope to continue working with them for many years to come.” – Director, Government Entity “Our organization has been a client of Selden Fox for many years. We are very satisfied with the quality of the firm’s work and especially with the responsiveness of the firm’s personnel. The firm has assisted us with issues that go beyond the financial statements. It has been a very worthwhile professional relationship.” – Director of Administration and Operations, Nonprofit Organization “Selden Fox is very professional and thorough in their work and services. The staff was very easy to work with and very helpful.” – President, Private School “The employees at Selden Fox, from top down, are all very personable and easily reachable. They have been very informative in a variety of situations. All of the workers we have dealt with are also very sensitive to our specific timing review dates and when reports are needed.” – Executive Director, Nonprofit Organization “Selden Fox has provided financial audit and tax services for us for about 15 years. The people, services and knowledge has been outstanding, but what I value most of all is the always present willingness to find ways to help solve complex domestic or international challenges, whether they be corporate structure related, tax related or financial issues. Selden Fox’s focus has always been on finding the best, most efficient and cost-effective solution.” – CFO, Technology Company UNITED CITY OF YORKVILLE 4 Firm Qualifications & Experience Today, the firm has nearly 70 employees, including 60 professional staff – 33 of whom are CPAs, all working out of our Oak Brook office. Opting not to engage any publicly held entities, we focus on servicing governmental entities, nonprofit organizations, and privately held businesses. Our offerings include audit and assurance, tax, accounting solutions, and general consulting services. Government Experience We perform audits of financial statements for numerous municipalities, other local governments, and state and federal government grant programs. In fact, over the last 40 years, Selden Fox has conducted more than 600 governmental audits and served more than 80 different governmental entities, many of which have obtained and hold the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting. Currently, we serve more than 40 different governmental agencies. This experience makes us uniquely qualified to meet your auditing needs. Because we have been and continue to be committed to the governmental sector, Selden Fox has cultivated a sizable and highly qualified governmental audit staff. All the firm’s governmental audit staff have fulfilled the training requirements necessary to meet governmental audit standards and standards for the Single Audit Act. In addition, the staff completes our firm’s in-house governmental training program annually. Selden Fox officers have served on the Illinois CPA Society’s Governmental Report Review Task Force, act as reviewers for the Government Finance Officers Association Certificate of Achievement program and are members of the Government Finance Officers Association and the Illinois Government Finance Officers Association. We are also a member of the American Institute of Certified Public Accountants (AICPA) Governmental Audit Quality Center, a demonstration of our commitment to quality in the performance of governmental audits. As a member, we have access to resources on the latest developments in accounting, auditing, and the various rules and regulations that affect governmental audits. As such, we are at the forefront of any new accounting and reporting issues affecting local governments. We feel that part of our responsibility as auditors is to make sure our clients are aware of these issues and how they may affect them. We accomplish this in several ways, not only through our management letter issued with each audit, but also via a bi-weekly electronic newsletter highlighting topics of interest for local governments and privately held businesses, as well as regular correspondence with our clients. UNITED CITY OF YORKVILLE 5 Firm Qualifications & Experience (continued) Peer Review As part of our continuing membership in the American Institute of Certified Public Accountants (AICPA), as well as the AICPA’s Center for Audit Quality (CAQ), Governmental Audit Quality Center (GACQ), and Employee Benefit Plan Audit Quality Center (EBPAQC), we are required to undergo a peer review every third year. Peer reviews involve a rigorous study by an independent accounting firm of a member firm’s quality control. Areas examined include leadership responsibility within the firm, relevant ethical requirements, acceptance and continuance of clients and specific engagements, human resources, engagement performance, and monitoring. Having completed our fourteenth peer review conducted through the National Peer Review Committee of the AICPA, we are proud to report that we received the highest ranking possible – an opinion that we meet all of the quality control and professional standards established by the AICPA. It is a true testament to the quality of work we consistently deliver to our clients. This is a rare accomplishment, even among national firms. A copy of our most recent peer review report is provided on the next page. Our Peer Review included a review of governmental engagements. UNITED CITY OF YORKVILLE 6 Firm Qualifications & Experience (continued) Peer Review (continued) UNITED CITY OF YORKVILLE 7 Partner, Supervisory and Staff Qualifications & Experience Perhaps more than anything else, the success and personalization of an engagement is dependent upon the experience, capabilities, and dedication of the engagement team members. In addition to having a long history of serving governmental entities and a highly qualified governmental audit staff, we have yet another advantage when it comes to providing you with the right engagement team, a high retention rate among our professionals. On our governmental audit staff, our six officers and managers have been with Selden Fox an average of more than 16 years. Thus, when we talk about our experience, we’re not just talking about some of our professionals. We are talking about a core group of professionals at the top of the firm. Likewise, when we assign individuals to your engagement, we can select those individuals with the experience, capabilities, and personal styles that best match your needs. If selected by the City our engagement team will consist of a shareholder—Edward Tracy, who will serve as the project manager in the first year; a quality control officer; a senior auditor; and two associate auditors. Edward G. Tracy, CPA | Executive Vice President and Shareholder Ed joined the audit department of Selden Fox in 1988. Now a shareholder, Ed heads the firm’s governmental audit practice. Committed to serving the governmental sector throughout his career, Ed has designated government entities as a long-term area of personal specialization, working with municipalities, park districts, townships, and special districts. He has personally supervised the following government engagements (audits unless otherwise indicated) in the last three years: Bartlett Park District Berkeley Park District (compilation) Bloomingdale Park District Blue Island Public Library Brookfield, Village of Calumet Park, Village of Cary, Village of Forest View, Village of Hanover Park Park District Joliet Park District Kenilworth Park District Lemont Township Niles, Village of Northbrook Public Library River Forest Park District Riverside Township Roselle Park District Vernon Hills, Village of Wayne, Village of West Dundee, Village of Westchester Park District Wheatland Township Winfield Township UNITED CITY OF YORKVILLE 8 Partner, Supervisory and Staff Qualifications & Experience (continued) Edward G. Tracy, CPA | Executive Vice President and Shareholder (continued) The remaining balance of Ed’s practice is primarily working with nonprofit organizations. A majority of his practice is audits, although he often provides full service to his clients taking responsibility for tax compliance matters. Ed received his bachelor’s degree in accounting from the University of Illinois. He is a member of the AICPA, the Illinois CPA Society, and the Illinois Government Finance Officers Association. He has served on the Illinois CPA Society’s Government Report Review Task Force and is a reviewer in the Government Finance Officers Association Certificate of Achievement Program. Ed has also been an instructor for the Illinois CPA Society’s Government Report Review Task Force training and has written articles on auditing government entities for both the Illinois Association of Park Districts and the Township Officials of Illinois member publications. Outside the office, Ed enjoys spending time with his wife and four children, including triplets. An avid Chicago Cubs and Bulls fan, he enjoys golfing and finds time to coach and participate with his kids in various sports and activities in the community. Peggy L. Brady, CPA | Senior Vice President As a member of the Selden Fox Auditing and Assurance group, Peggy performs independent reviews of financial statements, audit reports, and high-risk areas for the firm’s clients. She develops and conducts continuing education curriculum for the firm to provide technical guidance and assistance. Prior to joining Selden Fox in 2012, Peggy worked at a national firm for more than 10 years, most recently serving as a director of audit and accounting. In this position, and through assurance and consulting engagements, she gained managerial experience and technical expertise in a variety of industries. She completed her undergraduate studies at Augustana College earning a bachelor’s degree in accounting and business administration. Peggy went on to study at DePaul University and was awarded a master’s degree in business administration. Peggy is a member of the AICPA and the Illinois CPA Society. She also is an AICPA Not-for-Profit Section member, as well as a member of the Accounting Principles Committee with the Illinois CPA Society. Outside of work, Peggy enjoys spending time with her husband and two daughters and being involved with their extracurricular activities and school. She is a co-troop leader and volunteer with Girl Scouts of Greater Chicago and Northwest Indiana. UNITED CITY OF YORKVILLE 9 Specific Audit Approach We have conducted internal and external audits and reviews that literally number in the thousands. Yet, for each one of those, we have personalized our approach to focus on those areas that represent the most significant risks to each client. This approach destroys the myth that one audit is just like the next. The primary objective in our risk-based audit approach is to gain an understanding of our client, its environment, and its existing controls in order to identify the greatest risk areas from the onset of the audit. This understanding means we can focus on those areas and identify the relevant link between the assessed risks and the nature, timing, and extent of the audit performed. This tailored approach means our clients receive a highly efficient, focused, and simplified audit; save administrative time of its staff; and acquire timely advice and answers. We also believe in completing all audit work at the client’s offices, if possible. This approach allows for effective communication through the end of the audit, as well as greater efficiency in wrapping- up the process. We will conduct a closing meeting at the conclusion of fieldwork to discuss the audit results. The percentage of time to be put in on the audit by level of personnel is typically expected to be as follows: Partner/Manager 15% Senior Accountant 35% Staff Accountants 50% Audit Procedures Our audit procedures will be divided into two phases, preliminary fieldwork and on-site fieldwork (substantive procedures). We anticipate performing preliminary procedures in April for two to three days, at a mutually agreeable time but at least three weeks prior to the start of fieldwork. Estimated hours by level of professional personnel for this phase is as follows: Partner/Manager 4 hours Senior Accountant 24 hours Staff Accountant 24 hours The Preliminary Fieldwork phase typically includes: Meet with Finance Director and City Manager to discuss our approach to the audit and tasks to be performed by the City’s personnel. Review minutes of Board meetings to determine and understand recent history and impact on audit. UNITED CITY OF YORKVILLE 10 Specific Audit Approach (continued) Audit Procedures (continued) Provide management with a list of items needed to complete the substantive phase of the audit. Obtain permanent file documentation, to the extent available, including but not limited to the following: 1. Financial and personnel policy manuals, including the City’s investment policy. 2. Current year appropriation ordinance and tax levy ordinance, and the agency tax rate reports received from the county for the two most recent tax years. 3. Debt agreements outstanding, including schedule of future maturities. 4. Latest actuarial valuations performed for the Illinois Municipal Retirement Fund (IMRF), Police Pension Plan, Firefighters’ Pension Plan, and Other Postemployment Benefit Plan. 5. Grant agreements awarded or expended during the fiscal year. 6. All significant outstanding contractual commitments. Obtain an understanding of the City’s accounting systems and related internal controls and perform a walkthrough of significant types of transactions. We anticipate the key accounting systems will include cash receipts, revenue recognition, purchasing and cash disbursements, utility billing, and payroll. Obtain a preliminary schedule of expenditures of federal awards (SEFA) to identify federal program(s) to be tested under Uniform Guidance. Test key controls identified within the accounting systems, to determine extent of reliance that may be placed on these controls in designing substantive procedures and to identify areas in which established controls are not being followed or additional controls are needed. These controls will be tested by taking a sample of transactions occurring throughout the year and verifying that expected control procedures have been followed. We make sure to include all significant operational segments within our testing and ensure testing done is in accordance with Uniform Guidance requirements. We will expand our testing should the results from our original sample contain exceptions. We will also examine key reconciliations throughout the year. Perform preliminary analytical procedures to identify the major funds, significant account balances, and major functions. Conduct interviews with relevant City department heads in compliance with auditing standards related to the consideration of fraud in a financial statement audit. Correspond with Board members, allowing them the opportunity to voice their concerns about potential fraud or irregularities. UNITED CITY OF YORKVILLE 11 Specific Audit Approach (continued) Audit Procedures (continued) Prepare and send confirmations to: 1. Financial institutions regarding cash balances on hand and debt liabilities owed, 2. Investment firms regarding the balances in those accounts, 3. Attorneys to discuss contingent matters, and 4. Grantor agencies to verify conditions and terms of grant agreements. After completing our preliminary procedures, we will design our substantive procedures to provide sufficient audit evidence to allow us to render an opinion on the City’s financial statements. We anticipate spending approximately two weeks on site for this phase of the audit in early August, at a time that is mutually agreeable with the City. The estimated hours by level of professional personnel for this phase typically is as follows: Partner/Manager 30 hours Senior Accountant 90 hours Staff Accountants 120 hours The On-Site Fieldwork phase typically includes: Obtain year-end reconciliations for all cash and investment accounts. Confirm balances with financial institutions and test reconciling items for accuracy and completeness. Reconcile investment income to monthly investment statements. Confirm or vouch online various tax receipts with the county and the state of Illinois. Determine amounts received within recognition period subsequent to year end to recompute receivable balances on state tax and intergovernmental revenues. Obtain current year’s property tax levy and recompute receivable and deferred inflows balances on April 30. Obtain client analysis of prepaid items and vouch cash outlay to supporting documentation. Recompute percentages used to determine prepaid balances on April 30. Obtain detail of all capital asset additions and disposals during the year and vouch on a test basis to supporting documentation. Recompute depreciation expense on a test basis. Obtain detail of capital outlay expense to identify potential capital asset additions. Review disbursement activity subsequent to year end to identify additional liabilities as of April 30. Confirm debt activity with third parties and reconcile current year principal and interest payments to debt agreements. UNITED CITY OF YORKVILLE 12 Specific Audit Approach (continued) Audit Procedures (continued) Obtain census data provided to actuaries for IMRF and police pension plans, and other postemployment benefit plan(s). Verify information on a test basis to supporting payroll and personnel records. Obtain actuarial valuation and review actuarial assumptions for reasonableness. Obtain SOC 1 Type 2 Report from IMRF on the operating effectiveness of IMRF’s controls over the allocations of additions and deductions to employer accounts and consider the impact of any findings on the City’s financial reporting. Review assumptions used in actuarial valuations for reasonableness, taking into consideration historical and expected future performance. Reconcile fund balances to the prior year annual comprehensive financial report. Review ending fund balances and identify deficit fund balances for further review and report disclosure. Analyze governmental funds’ fund balance restrictions, commitments, and assignments. Perform analytical procedures on revenue and expense accounts by comparing actual results to the budget. Discuss significant variances with client and vouch client representations to supporting documentation. Reconcile significant tax and intergovernmental revenues to state and county websites, or third-party confirmations as needed. Reconcile payroll expense and accruals for payroll and compensated absences to quarterly payroll tax returns and year end payroll registers, respectively. Review possible contingent liabilities through confirmation with attorneys, examination of attorneys’ invoices, and discussions with staff. Analyze construction contracts in effect to determine commitments at year end. Additional procedures will be determined after consideration of the results of our preliminary procedures. Technology Used In completing our audits, we utilize the latest in software for public accounting firms – ProSystem fx Engagement and Caseware IDEA (IDEA). ProSystem fx Engagement is a trial balance database audit program which integrates with Microsoft Excel and Word documents. All work papers are created and prepared electronically and stored within an electronic client folder. The report’s financial statements are prepared in Excel, with all balances automatically linked to the trial balance database through integration features, providing additional efficiencies in the audit process. UNITED CITY OF YORKVILLE 13 Specific Audit Approach (continued) Technology Used (continued) IDEA is a data mining and extraction tool. In addition to some of the more common audit retrieval tools, IDEA also improves audit efficiency and effectiveness using the following functions: Sampling, including planning, selection, and evaluation for systematic, random, stratified random, monetary unit, and attribute sampling plans. Field manipulation that allows field to be appended for calculations and recomputations. Field statistics which display and print statistics about any numeric or date field in the file. These systems, along with an online portal that can be used for transferring files, and our secure messaging platform provide us the opportunity to strive to the extent possible for a paperless and secure operation during the audit process. Proposed Timeline October: Final Reports Financial statements and reports delivered by October 15 of each year. September: Draft Reports Electronic copies of draft ACFR, Single Audit (if required), TIF Report, and Board Communication Letter provided to the City no later than Steptember 15. August: Audit Fieldwork Team to be on-site at the City at mutually agreed upon dates with fieldwork completed no later than August 15. April: Preliminary Fieldwork & Planning Preliminary fieldwork will include gaining an understanding of the City's internal control structure, reviewing Board meeting minutes, and preparing confirmations. We would provide the City a list of all schedules to be prepared by the City prior to the audit. UNITED CITY OF YORKVILLE 14 References Current Government Clients The following is a list of current government clients. See certifications section for additional references. Agency Initial Year of Service Client Contact Telephone Number Municipalities: Brookfield* 2020 Doug Cooper 708.485.1166 Calumet Park 2003 Teri Raney 708.926.7402 Cary* 2015 Michael Ducharme 847.639.0003 Forest View 2002 Mark Masciola 708.788.3429 Niles* 2016 Kent Oliven 847.588.8031 Vernon Hills 2021 Anne Fairbairn 847.367.3700 Wayne 2010 Howard Levine 630.584.0259 West Dundee* 2005 David Danielson 847.551.3800 Park Districts: Addison* 2009 Dennis Mesching 630.233.7275 Bartlett* 2021 Eric Leninger 630.540.4812 Berkeley 2008 Arthur Schenone 847.895.9588 Bloomingdale* 2020 June Fergus 630.529.9184 Hanover Park 1980 Bob O’Brien 630.837.2468 Kenilworth 2019 Johnathan Kiwala 847.251.1691 Lombard* 2008 Andrea Chiappetta 630.627.1281 Roselle* 2008 Nicole Orlandino 630.894.1048 Westchester 2005 David Brink 708.865.8200 Special Districts: Berwyn Public Health District 2005 David Avila 708.788.6600 Berwyn Township 2005 David Avila 708.788.6600 Lemont Township 2001 Michael Shackel 630.257.2522 Northbrook Public Library 2016 Anna Amen 847.272.6229 Riverside Township Salt Creek Sanitary 2014 2004 Vera Wilt Deborah Seaton 708.442.4400 630.832.3637 Wheatland Township Winfield Township 2014 2018 Carolyn Rominger Nicole Prater 630.717.0092 630.231.3591 * Received GFOA Certificate of Achievement UNITED CITY OF YORKVILLE 15 Requested Services Annual Audit We will perform the annual audit of the financial statements of United City of Yorkville in accordance with generally accepted auditing standards and issue an opinion on the financial statements addressed to the City for the years ending April 30, 2022, 2023, and 2024. Additionally, we will prepare the TIF assurance letter for the City’s TIF Districts. We will also provide a separate report in accordance with Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administration Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), if required; and an “in-relation-to” opinion on the Consolidated Year-end Financial Report (CYEFR) in accordance with the 30 ILCS 708 Grant Accountability and Transparency Act, if required. Additional Reports We will prepare and file the annual supplemental report by the Office of the Comptroller of the State of Illinois. Management Letter We will consider the financial records and related internal controls in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements. We will prepare a detailed letter of comment on internal controls and, if applicable, other recommendations for improvement. Communication to the Board of Commissioners We will prepare a letter providing additional information regarding the scope and results of the audit as set forth in the auditing standards. Such information will include all audit adjustments and an immediate written report of all irregularities and illegal acts or indications of illegal acts of which we become aware to the Finance Director and City Manager. Attendance at Board or Audit Committee Meetings We are available to attend board or committee meetings to discuss audit results and any recommendations for improvement. Additionally, we are available to meet with staff to discuss final adjustments. UNITED CITY OF YORKVILLE 16 Fee Terms Our fees are based on actual time spent rendering services at standard professional hourly rates, which are related to the level of experience and training of the individuals assigned. Our professional fees (all-inclusive maximum price) for the audit work are outlined in Certifications section (see page 19). Our proposed fee assumes that: The accounting records and related documentation will be adequate and up-to-date with accounts properly reconciled. Receivables, property, and equipment depreciation schedules and investment activity and allocation to various funds’ schedules (i.e., accounting projects) are all current and up-to-date. Our audit staff will receive maximum assistance in retrieving documents and in preparing confirmation requests and required schedules. It should also be noted that occasionally, because of unexpected happenings or unanticipated events, it becomes necessary to charge more than budgeted. In our experience, these are rare events, and such charges are not done without client’s concurrence. Our proposed fee will be the City’s cost unless otherwise mutually agreed. We issue progress billings, usually monthly, for services rendered and invoices are payable upon presentation. In addition to the audit, we are available throughout the year to answer questions as they arise, and indeed encourage the City to pose those questions to us. Time spent on such inquiries will not be billed unless it is necessary for us to research the question and/or provide a memo of our findings or recommendations. Services rendered outside the scope of the audit will be provided at an hourly discounted rate. Our Investment As part of our investment in a long-term relationship with you, all review and preparation work related to the transition in accounting firms will be absorbed by our firm. This work entails discussions and review of workpapers with predecessor auditors; preparation of our permanent files, including system and internal control documentation; initial drafting of our audit planning document; and first year costs relating to report preparation. The value of this initial investment that will not be billed to the City is approximately $5,000. 17 APPENDIX CONTRACTOR CERTIFICATIONS 1. Insurance. The undersigned certifies that it has all insurance coverages required by law or would normally be expected for the work to be performed and a copy shall be filed with the City upon request by the City for approval by the City. 2. The undersigned; A. Certifies that it is not barred from bidding or contracting with the City as a result of a violation of either Paragraph 33E-3 or 33E-4 of Act 5, Chapter 720 of the Illinois Complied Statutes regarding criminal interference with public contracting, and B. Swears under oath that it is not delinquent in the payment of any tax administered by the Illinois Department of Revenue as required by Chapter 65, Act 5, paragraph 11-42.1 of the Illinois Complied Statutes, and C. States that is has a written sexual harassment policy as required by the Illinois Human Rights Act (775 ILCS 5/2-105(A) (4) a copy of which shall be provided to the City upon request, and D. Agrees to comply with the requirements of the Illinois Human Rights Act regarding Equal Employment Opportunities as required by Section 2-105 of the Illinois Human Rights Act (775 ILCS 5/2-105) E. Agrees to comply with the civil rights standards set forth in Title VII of the Civil Rights Act as mandated in Executive Order No. 11246, U.S.C.A. Section 2000e n.114 (September 24, 1965) 3. All work under this contract shall be executed in accordance with all applicable federal, state, and City laws, ordinances, rules and regulations which may in any manner affect the performance of this contract. Date: December 10, 2021 Contractor: Selden Fox Ltd. By: Edward G. Tracy, CPA Title: Executive Vice President 18 REFERENCES * Received GFOA Certificate of Achievement ORGANIZATION Village of Cary * ADDRESS 655 Village Hall Drive CITY, STATE, ZIP Cary, IL 60013 PHONE NUMBER 847.639.0003 CONTACT PERSON Michael Ducharme, Director of Finance DATE OF PROJECT We have handled the annual audit for Cary since fiscal year 2016. ORGANIZATION Village of Niles* ADDRESS 1000 Civic Center Drive CITY, STATE, ZIP Niles, IL 60714 PHONE NUMBER 847.588.8031 CONTACT PERSON Kent Oliven, Finance Director DATE OF PROJECT We have handled the audit for Niles since fiscal year 2016. ORGANIZATION Village of West Dundee* ADDRESS 102 S. 2nd Street CITY, STATE, ZIP West Dundee, IL 60118 PHONE NUMBER 847.639.0003 CONTACT PERSON David Danielson, Finance Director DATE OF PROJECT We have handled the audit for West Dundee since fiscal year 2005. ORGANIZATION Village of Forest View ADDRESS 7000 46th Street CITY, STATE, ZIP Forest View, IL 60402 PHONE NUMBER 708.788.3429 CONTACT PERSON Michael Dropka, Village Administrator DATE OF PROJECT We have handled the audit for Forest View since fiscal year 2003. ORGANIZATION Village of Brookfield* ADDRESS 8820 Brookfield Ave. CITY, STATE, ZIP Brookfield, IL 60501 PHONE NUMBER 708.563.4800 CONTACT PERSON Doug Cooper, Finance Director DATE OF PROJECT We have handled the audit for Summit since fiscal year 2020. 19 FEE PROPOSAL SCHEDULE OF PROFESSIONAL FEES FOR THE AUDIT OF THE FINANCIAL STATEMENTS AS OF APRIL 30TH FOR THE FISCAL YEARS LISTED BELOW: United City of Yorkville audit: 2022 2023 2024 2025 2026 $33,500 $34,500 $35,000 $36,000 $36,500 Police Pension audit: 2022 2023 2024 2025 2026 $2,900 $2,900 $2,900 $2,900 $2,900 TIF Compliance reports: 2022 2023 2024 2025 2026 $600 $650 $650 $700 $750 Single Audit (if required) 2022 2023 2024 2025 2026 $4,500 $4,600 $4,700 $4,800 $4,900 SCHEDULE OF PROFESSIONAL FEES FOR ADDITIONAL SERVICES, Quoted Hourly Rates for the Fiscal Years listed below: 2022 2023 2024 2025 2026 Partner $330 $335 $335 $340 $340 Manager $220 $225 $225 $230 $230 Supervisor $175 $180 $185 $190 $190 Staff $135 $140 $140 $145 $145 Clerical $80 $85 $85 $90 $90 Firm Name: Selden Fox, Ltd. Address: 619 Enterprise Drive, Suite 100 Oak Brook, IL 60523 Signature Date: 12/10/2021 Printed Name: Edward G. Tracy, CPA Title: Executive Vice President Phone Number: 630.954.1400 REQUEST FOR PROPOSAL AUDITING SERVICES ADDENDUM #1 December 7, 2021 A.IMPORTANT INSTRUCTIONS TO BIDDERS This addendum must be read, signed and dated by the bidder and included with the bid documents submitted by the bidder on or before the bid closing date and time. Failure to include this addendum with the bid documents may result in bid rejection. Bidder will carefully note the inclusion of this addendum on the bid form. B.ATTACHMENTS TO THIS ADDENDUM: 1.United City of Yorkville – Audit Journal Entries C. CHANGES: D.ADDITIONS: E.DELETIONS: F.SCHEDULE: G.CLARIFICATIONS: 1.Question - The RFP includes a Single Audit as part of scope. Did the City require a Single Audit for 4/30/21 due to CRF (or other) funding? If not, when was the last time a Single Audit was required? Response - Yes 2.Question - Have there been any significant changes in personnel or other changes in internal control or operations since the last audit? Response - No 3.Question - Approximately how many bank and investment accounts are there? Response - 10 bank accounts and 5 investment accounts. 4.Question - The 2021 report includes a subsequent event note on a new bond issue. Are any significant, additional debt issuances currently planned? Response - We are currently in the process of refunding the 2011 Ref Bonds in the Sewer Fund and issuing $1M in new money for a total of $5.155M. The final bond ordinance is slated to be approved by Council on December 14, 2021 with the closing to occur in early January 2022. 5.Question - Does the City maintain all capital asset records, or is auditor assistance needed? REQUEST FOR PROPOSAL AUDITING SERVICES ADDENDUM #1 December 7, 2021 Response - Yes, the City maintains all capital asset records. 6.Question - The RFP references three TIFs. Based on a review of the Comptroller website, it was not clear if the Downtown TIF II fund has yet to reach the revenue level to trigger an audit requirement. Has it exceeded the $100,000 cumulative revenue mark yet? Response - The Downtown TIF II Fund will exceed the $100,000 cumulative revenue mark by the end of the current fiscal year (FY 2022). 7.Question - What were the fees for the 2021 audit for each of the components requested in the RFP fee schedule? Response - UCOY Audit - $32,200 Police Pension Audit - $2,800 TIF Compliance Reports - $560 Single Audit (if required) - $3,700 Question - Were there any unusual or one-time elements of the 2021 fee that will not be expected to impact 2022 and beyond? Response - No. 8.Question- Please also clarify that no auditor assistance is needed with preparing the MD&A or statistical sections (beyond the statistical schedules that flow directly from the financial statements). Response - Historically our auditors have updated the net position, changes in net position, fund balance/change of fund balance in gov funds and pledged revenue sections of the stats section, since it flows directly from the financials. The City updates the rest, including the MD&A. 9.Question - Has the City begun assessing the impact of the new lease standard (GASB 87)? Response - Yes, on a preliminary basis. 10.Question - How many leases (both lessee and lessor) does the City have? Response - Two, pertaining to copier and managed print services. 11.Question - Have there been any disagreements or difficulties with recent audits? Response - No. 12.Question - Will the current audit firm be allowed to bid again or is rotation being required at this time? Response - The current audit firm can bid again. REQUEST FOR PROPOSAL AUDITING SERVICES ADDENDUM #1 December 7, 2021 13.Question - Are there any aspects of the relationship with your current auditors that you would like to see improved? Response - No. 14.Question - Is the previous auditor bidding on the engagement or is this a mandatory rotation Response - Please see answer for # 12. 15.Question - How long were the auditors present at the City for preliminary and final fieldwork? Response - Day or two for preliminary, one to two weeks for final fieldwork. 16.Question - How many auditors are usually in the field? Response - 1 to 2 for preliminary, 2 to 3 for final fieldwork. 17.Question - Does the City anticipate expending greater than $750,000 in Federal funds during the period covered by the request for proposal? Response -Yes, Due to the receipt of ARPA funds. 18.Question - Does the audit firm maintain any information for the City? (i.e. capital assets, long term debt)? Response - No. 19.Question - How many journal entries were proposed by the auditing firm for the FY2021 audit? Would the City be willing to provide the journal entry listing? Response - Four, please find the journal entries attached. 20.Question - Does the Village prepare all accrual entries for the audit? Response - Yes. 21.Question - What were the fees for the FY2021 audit? Response - Please see answer from # 7. 22.Question - On page 5 of the request for proposal, regarding the indemnification paragraph, the AICPA Code of Professional Conduct stipulates an auditor’s independence would be impaired if the auditor indemnifies a client for damages, losses or costs arising from lawsuits, claims or settlements that relate, directly or indirectly, to the client’s acts (ET Section 1.228.020). We believe the indemnification provision, which appears to include the auditor’s indemnification of client for client’s acts would result in the impairment of independence of any auditor. Would you like us to include this language in our proposal? Response – Yes, please include in proposal. REQUEST FOR PROPOSAL AUDITING SERVICES ADDENDUM #1 December 7, 2021 22.Question - With the Library being audited as a separate component in accordance with GASB Statement No. 61, would the City prefer a separate fee be itemized in our proposal for these services? Response – No, historically the Library Fund has been reported as a fund of the City (special revenue) instead of a component unit, as its board is appointed by the Mayor, with Council consent. H.ACKNOWLEDGMENT The Bidder acknowledges receipt of this Addendum and understands its content to the Bid Documents. I.SIGNATURE AND DATE Authorized Signature Date 12/10/2021 Audit Journal Entries AJE Account Account #Number Description Debit Credit 1 01-000-13-00-1380 GRANT RECEIVABLE 18,060 01-000-41-00-4170 STATE GRANTS 18,060 2 01-000-13-00-1339 A/R - VIDEO GAMING TAX 19,887 01-000-40-00-4055 VIDEO GAMING TAX 19,887 Entry to adjust FY2021 Video Gaming Accrual to actual at year-end 3 51-000-18-00-1880 ASSET RETIREMENT OBLIGATIONS 6,296,555 51-000-27-00-2780 ASSET RETIREMENT OBLIGATIONS 6,379,000 51-510-66-00-6600 AMORTIZATION EXPENSE - DEBT 82,445 CLIENT PROPOSED: Entry to adjust GASB 83 items to adjust for current cost focus 4 52-000-18-00-1870 DEFERRED OUTFLOWS - OTHER POST-EMPLOYMENT BENEFITS 15,717 52-000-20-00-2010 OPEB LIABILITY - OTHER POST-EMPLOYMENT BENEFITS 14,389 52-000-29-00-2970 DEFERRED INFLOWS - OTHER POST-EMPLOYMENT BENEFITS 6,468 52-520-67-00-6X2021 PENSION EXPENSE - OPEB 5,140 51-000-18-00-1870 DEFERRED OUTFLOWS - OTHER POST-EMPLOYMENT BENEFITS 26,101 51-000-20-00-2010 OPEB LIABILITY - OTHER POST-EMPLOYMENT BENEFITS 34,934 51-000-29-00-2970 DEFERRED INFLOWS - OTHER POST-EMPLOYMENT BENEFITS 10,388 51-510-67-00-6X2021 PENSION EXPENSE - OPEB 19,221 POST-DRAFT: Entry to record OPEB Activity for Water and Sewer Funds TOTAL 6,483,126 6,483,126 - April 30, 2021 ALL AJEs RECORDED AS NOTED ABOVE. NO PASSED AJEs FROM THE AUDIT. UNITED CITY OF YORKVILLE, ILLINOIS CLIENT PROPOSED: Entry to record receivable at year end for ILETSB Reimbursement for Police Training L&A Only Entries AJE Account Account #Number Description Debit Credit RW 1 01-000-41-00-4160 FEDERAL GRANTS 784,715 01-000-41-00-4X2021 FEDERAL GRANTS - CARES 784,715 L&A ONLY: Entry to reclassify grants for testing purposes RW 2 25-225-92-00-8000 PRINCIPAL PAYMENT 54 25-225-92-00-8050 INTEREST PAYMENT 54 L&A ONLY: Entry to split principal and interest expenses for testing purposes RW 3 51-510-66-00-6600 AMORTIZATION EXPENSE - DEBT 119,599 51-510-66-00-6X2021 AMORTIZATION EXPENSE - GASB 83 119,599 L&A ONLY: Entry to split amortization expense on bonds and GASB 83 for testing purposes RW 4 51-510-66-00-6600 AMORTIZATION EXPENSE - DEBT 82,445 51-510-66-00-6X2021 AMORTIZATION EXPENSE - GASB 83 82,445 L&A ONLY: Entry to readjust amortization expense on GASB 83 for testing purposes TOTAL 986,813 986,813 April 30, 2021 UNITED 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: See attached memo. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Planning and Zoning Commission #1 Tracking Number PZC 2021-07 & EDC 2021-46 Yorkville Bristol Sanitary District (YBSD) Expansion – Variance Requests City Council – January 25, 2022 PZC – 01/12/22 Moved forward to City Council agenda. PZC 2021-07 Majority Approval Proposed variances to the Stormwater Management, Landscape & Ordinances for the future expansion of the wastewater treatment facility. Krysti J. Barksdale-Noble Community Development Name Department 1 Summary: The petitioner, Yorkville Bristol Sanitary District (YBSD), is seeking a variance to the Kendall County Stormwater Ordinance (adopted by the United City of Yorkville) related to detention and compensatory storage. Additionally, YBSD is also seeking variances to the United City of Yorkville’s Landscape Ordinance related to tree preservation and replacement and the Zoning Ordinance related to building setback reduction. The requested variances are needed to allow for the future expansion and construction of additional wastewater treatment structures located on approximately 21 acres immediately west of the current operation at 304 River Street. Property Background/Request: The approximately 21-acre subject property is currently undeveloped and situated just west of the existing YBSD facility located at 304 River Street. While this property was annexed first in 2006 and rezoned A-1 Agricultural District with a Special Use for a public sanitary water treatment facility Memorandum To: City Council From: Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Brad Sanderson, EEI, City Engineer Date: January 19, 2022 Subject: PZC 2021-07 YBSD Expansion (Variance) Stormwater Management, Landscape & Zoning Ordinance Variances 2 (Ord. 2006-44), the actual sanitary operations occur on the east parcel which was annexed in 2007 (Ord. 2007-30). The 2007-30 Ordinance also approved a ten (10) foot yard setbacks from all property lines in the A-1 district for the current facility. Since 2014, YBSD has steadfastly conducted assessments of its space and capacity needs to meet the more stringent regulations on its treatment processes while continuing to provide wastewater treatment services for the residents and businesses within its territory. The YBSD planning area encompassing not only the United City of Yorkville, but portions of unincorporated Bristol and Kendall Townships. With the continued uptick in new residential construction over the past 5 years and increase in population by approximately 21.4% between the 2010 and 2020 decennial census, YBSD has determined the time has arrived to move forward with the facility expansion. Although a full expansion site plan has not been provided as part of this application, the proposed improvements will consist of approximately 641,000 square feet of development and 440,000 square feet of new impervious surfaces such as tanks, pipes, platforms, and other structures. To maximize the capacity for onsite treatment, variances are sought to the (1) stormwater detention, (2) compensatory storage, and (3) tree preservation and replacement requirements which, if applied, would significantly limit the footprint of the proposed expanded facility. Planning & Zoning Commission Action: The Planning and Zoning Commission reviewed the proposed four (4) variances requested by YBSD at a public hearing held on January 12, 2022 and made the following action on the motions below: 1. Stormwater Detention In consideration of testimony presented during a Public Hearing on January 12, 2022 and approval of the findings of fact, the Planning and Zoning Commission recommends approval of a requested variance to Title 8 – Building Regulations, Chapter 7 - Stormwater and Floodplain Regulations (Section 203.1.b of the Kendall County Stormwater Management Ordinance as adopted by the United City of Yorkville) granting full relief of the stormwater detention requirements for a future wastewater treatment facility to be located on the 21-acre parcel immediately west of 304 River Street. Action: Olsen-yes; Horaz-yes; Williams-yes; Vinyard-yes; Hyett-yes. 5 yes, 0 No 2. Compensatory Storage In consideration of testimony presented during a Public Hearing on January 12, 2022 and approval of the findings of fact, the Planning and Zoning Commission recommends approval of a requested variance to Title 8 – Building Regulations, Chapter 7 - Stormwater and Floodplain Regulations (Section 403.a of the Kendall County Stormwater Management Ordinance as adopted by the United City of Yorkville) granting full relief of the compensatory storage requirements for a future wastewater treatment facility to be located on the 21-acre parcel immediately west of 304 River Street. Action: Olsen-yes; Horaz-yes; Williams-yes; Vinyard-yes; Hyett-yes. 5 yes, 0 No 3 3. Landscape Ordinance In consideration of testimony presented during a Public Hearing on January 12, 2022 and approval of the findings of fact, the Planning and Zoning Commission recommends approval of a requested variance to Title 8 – Building Regulations, Chapter 12 - Landscape Ordinance of the Yorkville City Code granting full relief of the tree preservation and replacement requirements for a future wastewater treatment facility to be located on the 21-acre parcel immediately west of 304 River Street and further subject to recommendations in a memo prepared by staff dated November 29, 2021. Action: Olsen-yes; Horaz-yes; Williams-yes; Vinyard-yes; Hyett-yes. 5 yes, 0 No 4. Building Setback In consideration of testimony presented during a Public Hearing on January 12, 2022 and approval of the findings of fact, the Planning and Zoning Commission recommends approval of a requested variance to Title 10 – Zoning, Chapter 7 – Dimensional and Bulk Requirements of the Yorkville City Code granting a reduction of yard setbacks in the A-1 Agricultural Zoning District to 10’ from all property lines for a future wastewater treatment facility to be located on the 21-acre parcel immediately west of 304 River Street. Action: Olsen-yes; Horaz-yes; Williams-yes; Vinyard-yes; Hyett-yes. 5 yes, 0 No Attachments: 1. Draft Ordinance 2. Staff memorandum to Planning and Zoning Commission dated November 29, 2021 3. Petitioner Application (with attachments) 4. Plan Council meeting minutes 11-9-21 5. EEI Review Letter dated 11-8-21 6. WBK Engineering Letter dated 11-30-21 7. Ordinance 2006-44 8. Ordinance 2007-30 9. Public Hearing Notice Ordinance No. 2022-____ Page 1 STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) Ordinance No. 2022-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, GRANTING VARIANCES TO THE STORMWATER MANAGEMENT, LANDSCAPE AND ZONING ORDINANCES FOR A 21-ACRE PARCEL LOCATED AT 304 RIVER STREET (YOKVILLE BRISTOL SANITARY DISTRICT) 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, the Yorkville Bristol Sanitary District (hereafter “YBSD”) is the owner of approximately twenty-one (21) acres of undeveloped property located at 304 River Street, legally described on Exhibit A attached hereto and identified by Permanent Index Number 02-32-231- 008 (the “Subject Property”) and is currently planning for future expansion and construction of additional wastewater treatment structures on the Subject Property ; and, WHEREAS, YBSD has requested variances to the Kendall County Stormwater Management Ordinance (the “Stormwater Management Ordinance”), as adopted by the City, of the stormwater detention and compensatory storage regulations as set forth in Exhibit B, a report prepared by Baxter & Woodman Consulting Engineers dated August 9, 2021, attached hereto and made a part hereof; and, WHEREAS, YBSD has also requested variances to the City’s Landscape and Zoning Ordinances related to tree preservation and replacement regulations and building setback standards, respectively, also set forth in Exhibit B; and, Ordinance No. 2022-____ Page 2 WHEREAS, pursuant to the Illinois Municipal Code (65 ILCS 5/11-13-5) the Mayor and City Council of the City (the “Corporate Authorities”) may provide for and allow variances to provide relief when strict compliance with the requirements of the United City of Yorkville’s City Code (the “City Code”) creates a particular hardship; and, WHEREAS, also pursuant to section 1-3-2 of the Illinois Municipal Code (65 ILCS 5/1- 3-2) the City adopted the Kendall County Stormwater Management Ordinance (the “Stormwater Management Ordinance”), and is authorized the City to grant variances from specific provisions of the Stormwater Ordinance when strict compliance with the requirements is impossible or impracticable; and, WHEREAS, the Planning and Zoning Commission convened and held a public hearing on January 12, 2022, to consider the aforementioned variances, as requested, after publication of notice and notice to property owners within five hundred (500) feet of the parcels; and, WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in Section 10-4-7C of the City Code and Section 904.1 of the Stormwater Management Ordinance; and, WHEREAS, the Planning and Zoning Commission made the required written Findings of Fact finding that the requested variations met the standards in Section 10-4-7C of the City Code and Section 904.1 of the Stormwater Management Ordinance and recommended that the variances be granted; and, WHEREAS, the Corporate Authorities have received and considered the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Ordinance No. 2022-____ Page 3 Section 1: The above recitals are incorporated herein and made a part of this Ordinance. Section 2: That relief from Section 203.1.b of the Stormwater Management Ordinance for non-residential developments equal to or greater than three (3) acres that results in more than 45,000 square feet of development or 32,000 square feet of impervious area is hereby granted to permit onsite stormwater detention. Section 3: That relief from Section 403.a of the Stormwater Management Ordinance is hereby granted to permit onsite or downstream hydraulically equivalent compensatory storage for fills within the regulatory floodplain. Section 4: That relief from Section 8-12-2H of the Landscape Ordinance in the City Code for any new development on five (5) or more acres to make every reasonable effort to retain existing trees with a four inch (4”) diameter breast height (“DBH”) or greater through the integration of those trees into the landscape plan of the Subject Property is hereby granted subject the submittal of a tree survey which shall include the following: A. The location of all trees four inches (4") in caliper or greater within one hundred feet (100') of any tree proposed to be removed, including a description of the tree(s), botanical name, common name, caliper size and general condition or health of the tree(s). The survey shall be completed by an International Society of Arboriculture certified arborist or Illinois Department of Natural Resources Consultant Forester, or other qualified professional as approved in writing by the Community Development Director. B. Delineation of trees to be removed and trees to be preserved, if any. C. Details and specifications or procedures to be used to protect trees being preserved, if any. Ordinance No. 2022-____ Page 4 D. The submittal of a landscape plan of the subject property, at time of building permit application, illustrating the buildings, structures, or any other applicable improvements. Section 5: That a reduction in all required minimum yard setbacks to ten feet (10’) from all property lines and that the Subject Property and the adjacent parcel, also owned by YBSD, as a single zoning lot is hereby granted. Section 6: This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2022. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ JASON PETERSON _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2022. ______________________________ MAYOR EXHIBIT A LEGAL DESCRIPTION - WEST SITE THAT PART OF THE NORTH HALF OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON STAKE ON THE CENTERLINE OF RIVER ROAD, WHICH MONUMENTS THE WEST LINE OF A TRACT OF LAND CONVEYED TO THE STATE OF ILLINOIS BY DEED FROM CLARENCE S. WILLIAMS AND MARY E. WILLIAMS, RECORDED IN BOOK 76, PAGE 350; THENCE NORTH 70°13'29" WEST ALONG SAID CENTERLINE, 985.57 FEET; THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING ALONG A TANGENTIAL CURVE TO THE LEFT, HAVING A RADIUS OF 1850.0 FEET, AN ARC DISTANCE OF 493.61 FEET; THENCE NORTH 85°30'44" WEST ALONG SAID CENTERLINE, 70.82 FEET; THENCE SOUTH 04°29'16" WEST, 409.56 FEET TO THE NORTHERLY BANK OF THE FOX RIVER; THENCE EASTERLY ALONG SAID NORTHERLY BANK, TO THE SAID WEST LINE OF THE TRACT CONVEYED TO THE STATE OF ILLINOIS; THENCE NORTHERLY ALONG SAID WEST LINE, 625.0 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. Yorkville Bristol Sanitary District Variance Request Prepared by: www.baxterwoodman.comAugust9, 2021 Exhibit B Yorkville Bristol Sanitary District Variance Request 201643.40 Yorkville Bristol Sanitary District Variance Request TABLE OF CONTENTS201643.40Section Page No. 1.INTRODUCTION ................................................................................................................................................32.ORDINANCES ......................................................................................................................................................52.1 Stormwater Detention Ordinance for Kendall County ......................................................52.2 Compensatory Storage Ordinance for Kendall County......................................................52.3 Tree Replacement Standards, Landscaping Ordinance for City ofYorkville................................................................................................................................................53.VARIANCE REQUESTS ....................................................................................................................................63.1 Stormwater Detention ....................................................................................................................63.2 Compensatory Storage....................................................................................................................83.3 Tree Replacement ..........................................................................................................................104.OFFSITE COMPENSATORY STORAGE ...................................................................................................115.CONCLUSION ...................................................................................................................................................11 LIST OF EXHIBITSExhibit1–Kendall County Stormwater Ordinance2–United City of Yorkville Landscaping Ordinance3–Fox River Tributary Drainage Area4–Blackberry Creek Tributary Drainage Area5–Project Area6–Downstream Structures7–Will County Detention Exemptions8–HEC-RAS Model Results Table9–Offsite Compensatory Storage Locations10–U.S. Fish & Wildlife Service Report Page 3 Yorkville Bristol Sanitary District Variance Request 201643.40 1.INTRODUCTION The Yorkville-Bristol Sanitary District (YBSD)and the United City of Yorkville have been workingtogether for the last 15-years to ensure that west side property is available for the wastewatertreatment facility to serve the ultimate facility planning area (FPA)population.In 2005,YBSDcompleteda Facility Planning Report that demonstrated the need for additional space for thewastewater treatment facility to serve the potential future facility planning area population.In 2006, YBSD prepared an annexation agreement that annexed the west side property into theUnited City of Yorkville, Kendall County, Illinois. The United City of Yorkville City Councilunanimously approved the annexation, Ordinance No. 2006-43. YBSD also rezoned the west sidepropertyto A-1 with special use for sanitary water treatment facilities. The City Council followedthe recommendation from the Plan Commission and unanimously approved Ordinance No. 2006-44. These two ordinances provided the space and zoning required to provide the wastewatertreatment capacity for the potential future FPA population on a single site.In 2014, YBSD completed a Phosphorus Removal Feasibility Report to determine the costs,treatment processes and space required to meet future effluent phosphorus limits. This reportfurther reinforced the need for the west side property.In 2018, YBSD completed a wetland delineation of the west side property to determine the sensitiveenvironmental areas and the areas that could be used for wastewater treatment.YBSD is currently completing the stormwater permitting and regulatory requirements that areneededto allow the west side property to be utilized for wastewater treatment. YBSD also justcompleted the preliminary design of the 1st phase of improvements that would be located on thewestsideproperty.YBSD’s mission is to provide wastewater treatment services for residents within its facility planningarea, namely, the United City of Yorkville, Illinois, the county seat of Kendall County. The FacilityPlanning Reports, Annexation Ordinance, Rezoning Ordinance and wetland delineation werecompleted to allow wastewater treat of the potential future facility planning area population at asingle site on the west side of Blackberry Creek. The YBSD FPA encompasses the United City ofYorkville and portions of the unincorporated areas of Bristol and Kendall Townships within KendallCounty.The current and future potential FPA boundaries are shown below. Page 4 Yorkville Bristol Sanitary District Variance Request 201643.40 Providing wastewater treatment for YBSD’s ultimate facility planning area population will requiredevelopment of nearly the entire project site, and the required stormwater detention facilities andcompensatory storage cannot be provided onsite without significantly reducing the footprintavailable for treatment facilities.The reduction of footprint for wastewater treatment facilities willreduce total population that can be served from the west side property. The reduced area wouldnotbe able to accommodate the potential future FPA population.As such, the YBSD is requestingvariances from the Kendall County Stormwater Management Ordinance, as adopted by the UnitedCity of Yorkville, and from the City of Yorkville’s Landscaping Ordinance in accordance with Article9 of the Kendall County Stormwater Management Ordinance. Kendall County Stormwater Management Ordinance (Section 203 and Section 403), asadopted by United City of Yorkville –Ordinance No. 2012-56 United City of Yorkville Landscape Ordinance (Section 8-12-2.H)–Ordinance No. 2009-42 Page 5 Yorkville Bristol Sanitary District Variance Request 201643.40 2.ORDINANCE REQUIREMENTS 2.1 Stormwater Detention Requirements for Kendall CountySection 203 of the Kendall County Stormwater Management Ordinance, as adopted by the City ofYorkville, requires stormwater detention for non-residential developments on properties ofcontiguous ownership that are equal to or greater than three (3) acres and resulting in more than45,000 square feet of development or 32,000 square feet of impervious area. The plannedimprovements, consisting of approximately 641,000 square feet of development and 440,000square feet of new impervious area,exceed both of these thresholds, and therefore Ordinance siterunoff storage requirements are applicable. Stormwater storage volume must be provided such t hatthe 100-year, 24-hour release rate does not exceed 0.15 cubic feet per second (cfs)per acre ofhydrologic disturbance, and the 2-year, 24-hour release rate does not exceed 0.04 cfs per acre. 2.2 Compensatory Storage Requirements for Kendall CountySection 403 of the Ordinance requires that hydraulically equivalent compensatory storage beprovided for fills within the regulatory floodplain. The total compensatory storage volume must beequal to or greater than the flood fringe storage volume displaced.To the greatest extent practicable,storage volume displaced below the 10-year existing flood profile must be replaced below theproposed 10-year flood profile, and storage displaced between the existing 10 -and 100-year floodprofiles but be replaced between the proposed 10-and 100-year flood profiles. 2.3 Tree Preservation and Replacement Standards for the United City of YorkvilleCompensatory storage and stormwater detention requirements will necessitate significant treeremoval. Per Section 8-12-2.H of the United City of Yorkville’s Code of Ordinances, tree removalshould be avoided within floodplains, filling near valuable trees should be minimal, and removalrequirements include replacement according to Table 1. Table 1: Tree Replacement Standards, Landscaping Ordinance for the City of Yorkville Caliper (inches) of tree to be removed Number of replacement trees30 or greater 613-29 58-12 44-7 2 Page 6 Yorkville Bristol Sanitary District Variance Request 201643.40 3.VARIANCE REQUESTS The variance requests are organized according to the variance standards as described in Sec tion 904of the Kendall County Stormwater Ordinance as adopted by the United City of Yorkville. 3.1 Stormwater Detention Request 1: Waiver of United City of Yorkville and Kendall County site runoff storage requirements (Section 203.1.b.of the Kendall County Stormwater Management Ordinance, as adopted by the United City of Yorkville (excerpt of Ordinance included in Exhibit 1))Section 904 Standard Justificationa.The variance will not increase theprobability of flood damage or createan additional threat to the publichealth, safety or welfare. Stormwater runoff from the proposed developmentarea discharges directly to the Fox River andBlackberry Creek, with no downstream propertiesimpacted prior to discharge into these waterways.The proposed development area is significantlysmaller than the total watershed areas tributary tothe Fox River and Blackberry Creek (Exhibits 3-5).Therefore, the timing of peak stormwater dischargesfrom the YBSD’s property is unlikely to coincide withthe highest flows and flood elevations along thesewaterways.b.The variance requested is theminimum relief necessary toaccomplish the objectives of thedevelopment without compromisingthe objectives of Section 102 of thisOrdinance. The proposed improvements are for treatmentfacilities that are essential and critical infrastructure.Maximizing the onsite treatment capacity is necessaryto accommodate the needs of the City andsurrounding communities for future growth anddevelopment.Providing detention would prevent theYBSD from achieving the full buildout for treating theprojected flows to the facility.Furthermore, the orientation of the YBSD property issuch that there is significant waterway frontage, withgrades naturally flowing to the Fox River andBlackberry Creek. Draining all site stormwater runoffto detention facilities may be difficult or impossible toachieve while providing a suitable treatment facilityplan.Other counties in Illinois have detentionexemptions for such developments. For example, theWill County Stormwater Management Ordinance(55.020 (C)(2)) provides an exemption for propertiesthat meet the minimum river frontage requirement(Exhibit 7). With over 1,500 feet of river frontage and Page 7 Yorkville Bristol Sanitary District Variance Request 201643.40 less than 20 acres of proposed development, thisproject site would easily qualify for Will County’sdetention exemption thresholds.c.The variance will not result in areduction of water quality benefits ascompared to compliance withordinance requirements. The development will incorporate best managementpractices (BMPs), such as vegetative swales, bufferstrips, and sediment traps, to treat direct dischargesto the Fox River and Blackberry Creek. These BMPswill mitigate potential reduction of water qualitybenefits.d.The variance is not requested solelyfor the purpose of reducing siterunoff storage requirements.The variance is requested to allow for full buildoutcapacity of the treatment facilities to accommodatethe needs of the community’s projected growth. Thereduction of site runoff storage requirements isincidental to this goal.e.The variance shall not causeconveyance of stormwater from theproject to increase peak dischargesbeyond design capacity of existingoffsite conveyance facilities for anystorm event from the 2-year to the100-year recurrence frequency. The development would directly discharge to majornatural waterways, as opposed to designedstormwaterconveyancesystemswithdefinedcapacities. There are no intermediate propertiesbetween the development and the Fox River orBlackberry Creek.Additionally, the proposed development area issignificantly smaller than the total watershed areastributary to the Fox River and Blackberry Creek(Exhibits 3-5). Therefore, the timing of peakstormwater discharges from the YBSD’s property isunlikely to coincide with the highest flows and floodelevations along these waterways.f.The variance shall seek to preservevaluable environmental andbiological resources including butnot limited to stands of native trees,existing wetlands and naturalfloodplain storage. With the variance,the YBSD will be able to achieve fullbuildout capacity at this property.The variance willalso prevent the need for expanding the developmentarea for treatment facilities to include the propertyimmediately adjacent to the Fox River, which wouldrequirethe removal of valuable riparian vegetationand critical habitat for the endangered Indiana bat(Myotis sodalis)(see Exhibit 10 for report from U.S.Fish and Wildlife Service). Page 8 Yorkville Bristol Sanitary District Variance Request 201643.40 3.2 Compensatory Storage Request 2:Waiver of United City of Yorkville and Kendall County compensatory storage requirements (Section 403.a.of the Kendall County Stormwater Management Ordinance, as adopted by the United City of Yorkville (excerpt of Ordinance included in Exhibit 1))Section 904 Standard Justificationa.The variance will not increase theprobability of flood damage or createan additional threat to the publichealth, safety or welfare. There are no structures impacted by the regulatoryfloodplain along the Fox River in the area immediatelydownstream of the proposed improvements (Exhibit 6). The minor loss of flood storage resulting fromproposed floodplain fill is small relative to the totalflood storage of the Fox River and will not impact anydownstream structures during a 100-year flood.Furthermore, a dam is located upstream of the projectlimits, just upstream of Bridge Street. This damprovides some hydraulic control of flood profiles,creates upstream flood storage, and reduces theimpacts of proposed floodplain fills within the projectlimits.Hydraulic modeling demonstrates that the proposedimprovements meet the applicable regulatorystandards of the IDNR Part 3700 requirements forfloodway construction, without the inclusion ofcompensatory storage. Requirements forcompensatory storage are local standards above andbeyond the state’s requirements, which are intendedto preserve the conveyance capacity of the waterway.Preliminary modeling results and modelinput/output files are provided as Exhibit 8.b.The variance requested is theminimum relief necessary toaccomplish the objectives of thedevelopment without compromisingthe objectives of Section 102 of thisOrdinance. The proposed improvements are for treatmentfacilities that are essential and critical infrastructure.Maximizing the onsite treatment capacity is necessaryto accommodate the needs of the City andsurrounding communities for future growth anddevelopment.Providing onsite compensatory storagewould prevent the YBSD from achieving the fullbuildout for treating the projected flows to the facility.Offsite compensatory storage was explored and isdiscussed further below. These options all have majorfeasibility concerns or negative impacts, such asrequiringadditional tree removal and/or additionalloss of usable land. Page 9 Yorkville Bristol Sanitary District Variance Request 201643.40 c.The variance will not result in areduction of water quality benefits ascompared to compliance withordinance requirements. The presence or absence of compensatory storagewould not have an effect on water quality.Even so,the development will incorporate bestmanagement practices (BMPs), such as vegetativeswales, buffer strips, and sediment traps.d.The variance is not requested solelyfor the purpose of reducing siterunoff storage requirements.This variance is unrelated to site runoff storagerequirements.e.The variance shall not causeconveyance of stormwater from theproject to increase peak dischargesbeyond design capacity of existingoffsite conveyance facilities for anystorm event from the 2-year to the100-year recurrence frequency. This variance will not impact conveyance ofstormwater from the project. f.The variance shall seek to preservevaluable environmental andbiological resources including butnot limited to stands of native trees,existing wetlands and naturalfloodplain storage. With the variance,the YBSD will be able to achieve fullbuildout capacity at this property,which would saveenvironmental and biological resources. The variancewill also prevent the need for development of theYBSDproperty immediately adjacent to the Fox River,which would require the removal of valuable riparianvegetation, critical habitat for the endangered Indianabat (Myotis sodalis)(Exhibit 10),and would haveadverse wetland and impacts.Wetland and habitatimpacts could be obstacles to obtaining permitsthrough the U.S. Army Corps of Engineers and IDNR.Article 4 Variance Standardsa.Variances shall not be issued by thepermitting agency within anydesignated regulatory floodway ifany increase in flood levels duringthe base flood discharge wouldresult. Hydraulic modeling demonstrates that the proposedimprovements meet the applicable regulatorystandards of the IDNR Part 3700 requirements forfloodway construction, without the inclusion ofcompensatory storage.Preliminary modeling resultsindicate no increase in flood levels, rounded to thenearest tenth of a foot, and are provided as Exhibit 8.b.Variances may be issued by thepermitting agency for newconstruction and substantialimprovements to be erected on a lotof one-half acre or less in sizecontiguous to and surrounded by lotswith existing structure constructedbelow the base flood level, inconformance with the followingprocedures of this section;… Not applicable; this development is greater than one-half acre. Page 10 Yorkville Bristol Sanitary District Variance Request 201643.40 3.3 Tree Preservation and Replacement Request 3:Waiver of United City of Yorkville tree replacement requirements (Sections H.1.b.i.1,3 and H.2.a-d of the United City of Yorkville’s Landscaping Ordinance (excerpt of Ordinance included in Exhibit 2))Section 904 Standard Justificationa.The variance will not increase theprobability of flood damage or createan additional threat to the publichealth, safety or welfare. This variance will not impact flooding or any otherthreat to public health, safety or welfare. b.The variance requested is theminimum relief necessary toaccomplish the objectives of thedevelopment without compromisingthe objectives of Section 102 of thisOrdinance. The proposed improvements are for treatmentfacilities that are essential and critical infrastructure.Maximizing the onsite treatment capacity is necessaryto accommodate the needs of the City andsurrounding communities for future growth anddevelopment.Replacing trees onsite according to thestandard laid out in the City’s Landscaping Ordinance(preliminary estimate of 1,500 replacement trees) isnot possible if the facility is to provide the projectedtreatment capacity for the community.c.The variance will not result in areduction of water quality benefits ascompared to compliance withordinance requirements. This variance will not impact water quality. d.The variance is not requested solelyfor the purpose of reducing siterunoff storage requirements.This variance is unrelated to site runoff storagerequirements.e.The variance shall not causeconveyance of stormwater from theproject to increase peak dischargesbeyond design capacity of existingoffsite conveyance facilities for anystorm event from the 2-year to the100-year recurrence frequency. This variance will not impact conveyance ofstormwater from the project. f.The variance shall seek to preservevaluable environmental andbiological resources including butnot limited to stands of native trees,existing wetlands and naturalfloodplain storage. While it is not possible to replace all of the removedtrees onsite according to the City’s ordinance(regardless of the detention and compensatorystorage variances), the YBSD aims to preserve thetrees along the banks of the Fox River and BlackberryCreek, which is made possible by the waiving of thestormwater requirements as discussed above.Avoiding offsite compensatory storage will also limitthe extent of tree removal necessary. Page 11 Yorkville Bristol Sanitary District Variance Request 201643.40 4.OFFSITE COMPENSATORY STORAGE Four offsite locations were considered for compensatory storage.These locations were initiallychosen based on their proximity and current use (undeveloped or mostly open space). They are notowned by the YBSD and their use would be contingent upon purchase or easement from theproperty owners.The construction schedule for the facility expansion would be delayed if offsitecompensatory storage is provided, as the compensatory storage would need to be provided prior todevelopment of the YBSD property; thus, property acquisition, permitting, and offsite excavationcould delay construction significantly.The four locations are briefly described below,along withburdens and detrimental impacts associated with construction at these locations.A map of the sitesis included as Exhibit 9. The Youth Camp property directly adjacent to the project site consists of a low-lying areaand a slope heading north up to River Road.This location would require extensive treeremoval, a large quantity of excavation, and the construction of a very large retaining wall(~30’ high). A large bump-out is located on the south bank of the Fox River, located approximately half amile downstream from the Blackberry Creek confluence. This location is heavily forestedanda massive quantity of excavation would be necessary due to the high elevations. Crawford Park, owned the United City of Yorkville,is located on the south bank of the FoxRiver approximately one mile downstream from the Blackberry Creek confluence. It is notforested and would require limited tree removal.Utilizing this area for compensatorystorage, however, would prevent the City from raising the grade in the future or using thisland for any other purposes. Approximately 1.8 miles downstream from the Blackberry Creek confluence, there is a farmlocatedon the north bank of the Fox River. Extensive tree removal would not be necessaryfor this property, but the loss of active farmland is not a desirable outcome. 5.CONCLUSION The District understands that as effluent limits and sludge disposal regulations become morestringent, additional space for future processes to maintain compliance will be of utmostimportance. Some constituents are on the regulatory horizon, but others are unknown at this time.This increases the importance of maximizing contiguous land to accommodate future process. Theabove variance requests are necessary to provide the onsite treatment facilities that meet futureregulatory requirements, as well as accommodate anticipated growth and development within theCity of Yorkville. 5/21/2013 Article 2 Page 4 202.6 Design Rainfall Any design runoff rate calculation shall use Illinois State Water Survey Bulletin 71 isohyetal rainfall data to calculate flow from all tributary area upstream of the point of design. Peak discharges for conveyance design purposes shall be based on the critical duration event considering the appropriate rainfall distribution. Rational method design of conveyance systems may use Illinois State Water Survey Bulletin 70 sectional rainfall data based intensity-duration- frequency curves. 202.7 Stormwater System Easements For projects involving subdivision, major and minor storm water systems shall be located within easements or rights-of-way explicitly providing for public access and maintenance of such facilities. For all other projects requiring a permit, easements are required to provide public access for maintenance of new stormwater facilities (or for modifications) involving stormwater management basins or components of a drainage system that conveys runoff from off-site properties. 202.8 Flow Depths Maximum flow depths for new transverse stream crossings shall not exceed one foot at the crown of the road during the base flood condition. The maximum flow depth on a roadway shall not exceed 6" at the crown for flow parallel to the roadway. For flow over a new roadway or parallel to a new roadway the product of the flow depth (in feet) and velocity (in feet per second) shall not exceed four for the base flood condition. 202.9 Diversion of Flow Between Watersheds Transfers of waters between watersheds (diversions) shall be prohibited except when such transfers will not violate the provisions of Section 201.1 and are otherwise lawful. Watersheds for purpose of regulation under this section shall be the watershed divides as defined in the Kendall County Stormwater Plan. Sec. 203 Site Runoff Storage Requirements 203.1 Applicability of Site Runoff Storage Requirements All developments shall comply with the site runoff storage requirements provided in Section 203 of this Ordinance in which: a. Single family - detached land use property consisting of five or more residential structures having an average lot size of three acres or less; b. A non-residential land use or a residential land use other than single family - detached property of contiguous ownership equal to or greater than three acres and: 1. resulting in more than 45,000 square feet of development, or; 2. resulting in more than 32,000 square feet of impervious surface area Exhibit 1: Excerpts from Kendall County Stormwater Ordinance, as adopted by the United City of Yorkville Request for waiver of 203.1.b. 5/21/2013 Article 2 Page 6 parking lot but in no case shall the impervious surface increase by more than 45,000 sf. 2. Best Management Practices are constructed. 3. The Best Management Practices provide a reduction in total runoff volume or reduction in pollutant load. This shall be documented with a quantitative evaluation of before project and after project conditions. d. Resurfacing of streets or highways outside the floodplain; e. Resurfacing publicly owned streets and highways within the floodplain provided elevation changes are limited to two inches or less; f. Excavation or removal of vegetation in rights-of-way or public utility easements for the purpose of installing or maintaining utilities not including storm sewers; 203.2 Release Rate Sufficient excess runoff / flood storage volume shall be provided so that the proposed project will not discharge at a rate greater than 0.15 cfs/acre of disturbance for a rainfall event with a 100-year recurrence frequency. Additionally, sufficient excess runoff / flood storage volume shall be provided so that the proposed project will not discharge at a rate greater than 0.04 cfs/acre of disturbance for a rainfall event with a 2-year recurrence frequency. The area of hydrologic disturbance for the entire project shall be used to calculate the site runoff storage volume requirements. 203.3 Design Methods Event hydrograph routing methods shall be used to calculate runoff storage volume requirements for stormwater management basins with total tributary areas greater than five acres. The hydrograph routing shall be HEC-1, (SCS methodology), HEC-HMS, TR-20, or TR-55 tabular method or as otherwise approved by the Administrator. Event hydrograph methods shall incorporate the following assumptions: a. Antecedent moisture condition = 2; and b. Appropriate Huff rainfall distribution; and c. 24-hour duration storm with a 1% probability (100-year frequency) of occurrence in any one year as specified by Illinois State Water Survey Bulletin 71 isohyetal rainfall data. Runoff storage volume requirements for stormwater management basins with total tributary areas equal to or less than five acres may utilize the % Impervious to unit Area Detention nomograph developed by NIPC (now known as CMAP) depicted in Table 203. 203.4 Existing Release Rate Less Than Allowable For sites where the undeveloped release rate is less than the maximum release rate in Section 203.2, the developed release rate and corresponding site runoff storage volume requirement shall be based on the existing undeveloped release rate for the development. Sections 203.2 - 202.11 would be rendered null by waiver of 203.1.b. 5/21/2013 Article 2 Page 7 203.5 Downstream Water Surface Elevations All hydrologic and hydraulic computations must utilize appropriate assumptions for downstream water surface elevations, from low flow through the base flood elevation, considering the likelihood of concurrent flood events. 203.6 Extended Detention Requirement The requirements of this section will apply only when the outfall from a stormwater management basin is proposed to connect to an off-site agricultural drain tile system. The first 0.75 inches of runoff from a rainfall event over the hydraulically connected impervious area of the development shall be stored below the elevation of the primary gravity outlet (extended detention) of the stormwater management basin. The facility may be designed to allow for evapotranspiration or infiltration of this volume into a subsurface drainage system and shall not be conveyed through a direct positive connection to downstream areas. The hydraulically connected impervious area used in the calculation of required extended detention volume may be reduced by the Administrator if the soils are prepared to maximize infiltration and deep rooted grasses or other plants selected for their ability to promote infiltration or water absorption are planted in areas appropriately dedicated. The reduction in hydraulically connected impervious area used in the calculation shall be equal to the area of the development meeting the above soils/native planting requirement. Subsurface drainage systems may be designed as a component of the extended detention portion of the stormwater management basin to assist in infiltration in accordance with the following criteria: a. The extended detention volume shall be discharged at a rate no greater than that required to empty the calculated extended detention volume within 5 days of the storm event and at a rate no less than that required to empty the calculated extended detention volume within 30 days of the storm event. b. No subsurface drainage pipe shall be located within 10 feet of drainage pipes directly connected to the stormwater management basin. c. For purposes of meeting the maximum subsurface drainage discharge requirements, flow control orifices and weirs may be used. d. All design extended detention volume shall be provided above the seasonal high ground water table or the invert elevation of the groundwater control system. e. Farm field tile shall not be considered a subsurface drainage system. 203.7 Stormwater Management Basin Design Requirements Stormwater management basins shall be designed and constructed with the following characteristics: a. The stormwater management basin shall provide 1 (one) foot of freeboard above the design high water elevation or BFE. Sections 203.2 - 202.11 would be rendered null by waiver of 203.1.b. 5/21/2013 Article 2 Page 8 b. The stormwater management basin shall be located on the site and designed such that they are accessible by motorized maintenance equipment necessary for regular and long term maintenance operations. The route to the basin shall be formalized with an access easement and that the surface of such route shall be easily traversable by maintenance equipment / operations as determined by the Administrator. c. All site runoff storage volume shall be provided above the seasonal high groundwater table or above the invert of the groundwater control system. d. Stormwater management basins shall facilitate sedimentation and catchment of floating material. Unless specifically approved by the Administrator, impervious low-flow ditches shall not be used in stormwater management basins. Stormwater management basins shall maximize the normal flow distance between stormwater management basin inlets and outlets, to the extent possible e. Stormwater management basins shall reduce impacts of stormwater runoff on water quality by incorporating best management practices. f. Stormwater management basins shall be designed with an emergency overflow weir capable of passing the inflow from the critical duration base flood event under developed conditions. The predicted emergency water surface elevation shall be below the top of embankment for any other portion of the stormwater management basin. The weir design shall provide appropriate erosion control measures. g. Stormwater management basins with single pipe outlets shall have a minimum inside diameter of 12 inches. If design release rates necessitate a smaller outlet, flow control devices such as perforated risers, or flow control orifices shall be used. h. Stormwater management basins intended to support potential fish habitat with a permanent pool, shall be at least ten feet deep over 25 percent of the bottom area. i. Stormwater management basins shall have a maximum side slope of four to one. j. Stormwater management basins with a permanent pool shall have a safety shelf at least eight feet wide a maximum of two feet below the normal water pool. k. Stormwater management basins shall have a maximum drawdown time of 72 hours for a 24-hour duration rainfall event with 100-year recurrence frequency. j. All stormwater management basins shall comply with IDNR dam safety requirements where applicable. 203.8 Site Runoff Storage Volume Within The Regulatory Floodplain Stormwater management basins and other facilities to satisfy site runoff storage volume requirements located within the regulatory floodplain shall: a. Conform to all applicable requirements specified in Article 4 of this Ordinance; and Sections 203.2 - 202.11 would be rendered null by waiver of 203.1.b. 5/21/2013 Article 2 Page 9 b. Store the required amount of site runoff to meet the release rate requirement under all stream flow and backwater conditions in the receiving stream up to the 10-year flood elevation; and c. Site runoff storage volume provided by enlarging existing regulatory floodplain storage without providing a flow control device regulating discharge (on-stream detention) will be allowed only as a variance. The applicant must demonstrate that flood damages are not increased and the development will not increase flood flows for both the 2-year and 100-year floods on the stream with developed conditions on the site; and d. The Administrator may approve designs which can be shown by detailed hydrologic and hydraulic analysis to provide a net watershed benefit in flood control not otherwise realized by strict application of the requirements in a through c above. 203.9 Site Runoff Storage Volume Within The Regulatory Floodway Stormwater management basins and other facilities to satisfy site runoff storage volume requirements located within the regulatory floodway shall: a. Meet the requirements for locating stormwater management basins in the regulatory floodplain; and b. Be evaluated by performing hydrologic and hydraulic analysis consistent with the standards and requirements for any adopted watershed plans; and c. Provide a net watershed benefit in flood control. 203.10 Site Runoff Storage Volume - Channel Impoundment Flow control structures constructed across any channel to impound water to meet site runoff storage requirements shall be prohibited on any perennial stream unless part of a public flood control project with a net watershed benefit in flood control. Those streams appearing as blue on a USGS Quadrangle map shall be assumed perennial unless better data is obtained. All cross- stream flow control structures for the purpose of impounding water to provide site runoff storage in all cases on perennial and intermittent streams must demonstrate that they will not cause short term or long-term stream channel instability. 203.11 Off-Site Stormwater Management Basins Stormwater management basins and other facilities to satisfy site runoff storage volume requirements may be located off-site if the following conditions are met: a. The off-site stormwater management basin meets all of the requirements of this Article 2; and b. Adequate storage capacity in the off-site facility is dedicated to the development; and c. The development includes means to convey stormwater to the off-site stormwater management basin. Sections 203.2 - 202.11 would be rendered null by waiver of 203.1.b. 4/3/2011 Article 4 Page 10 6. All utilities, plumbing, heating, air conditioning and electrical must be elevated above the flood protection elevation. 7. The garage or shed must have at least one permanent opening on each wall not more than one (1) foot above grade with one (1) square inch of opening for every one (1) square foot of floor area. 8. The garage or shed must have a value less than ten thousand dollars ($10,000) in market value or replacement cost whichever is greater or be less than less than five hundred (500) square feet in total floor area. 9. The structure shall be anchored to resist floatation and overturning. 10. All flammable or toxic materials (gasoline, paint, insecticides, fertilizer, etc.) shall be stored above the flood protection elevation. 11. The lowest floor elevation should be and documented and the owner advised of the flood insurance implications. 12. Accessory structures that do not meet all of the above criteria may be constructed if they are dry flood proofed or elevated at least ½ of one foot above the BFE. Sec. 403 Compensatory Storage Volume Standards The following standards apply within the regulatory floodplain: a. Hydraulically equivalent compensatory storage volume will be required for development in a riverine regulatory floodplain and shall be at least equal to the regulatory floodplain flood storage volume displaced. To the greatest extent practicable storage volume displaced below the existing 10-year frequency flood elevation must be replaced below the proposed 10-year frequency flood elevation. To the greatest extent practicable storage volume displaced above the 10-year existing frequency flood elevation must be replaced above the proposed 10-year frequency flood elevation. b. Compensatory storage volume for development in a non-riverine regulatory floodplain area that is also adjacent to a lake shall be equal to the storage volume displaced. c. Compensatory storage volume requirements for development in a non-riverine Regulatory Floodplain that is not adjacent to a lake shall be replaced in accordance with the requirements for the loss of depressional storage in Section 201.6. d. Compensatory storage areas shall be designed to drain freely and openly to the channel and shall be located adjacent to the development. This standard does not apply to non- riverine Regulatory Floodplain. e. A recorded covenant or easement running with the land is required to maintain the compensatory storage volume in areas modified to provide compensatory storage volume. Sec. 404 Floodway Standards Request for waiver of 403.a Sections 403.d. - 403.e. would be rendered null by waiver of 403.a. Exhibit 2: Excerpts from United City of Yorkville Code of Ordinances,Section 8-12-2 (Landscaping Ordinance) Request for waiver of H.1.b.i.1.Request for waiver of H.1.b.i.3. Request for waiver of H.2. 21 Table 7 - Summary of Discharges (continued) Peak Discharges (cubic feet per second) Flooding Source Drainage Area 10-Percent- 2-Percent- 1-Percent- 0.2-Percent- and Location (square miles) Annual-Chance Annual-Chance Annual-Chance Annual-Chance Fox River At Dayton (USGS gage No. 05552500) 2,642 22,132 36,274 41,893 58,357 At Bridge Street 2,138 15,327 23,899 27,412 36,894 About 900 feet upstream of Bridge Street 1,804 10,580 15,221 17,697 22,615 At Aurora (USGS gage No. 05551500) 1,705 8,572 12,791 14,368 18,697 Harvey Creek 300 feet downstream of Sandy Bluff Road 3.46 381 525 595 983 600 feet downstream of Griswold Springs Road 3.36 367 506 569 924 2,000 feet upstream of Griswold Springs Road 2.41 291 387 442 638 At Dayton Street 1.41 183 248 291 379 Middle Aux Sable Creek Just downstream of Caton Farm Road 15.9 1,252 2,144 2,767 3,481 Just downstream of Wheeler Road 14.0 1,241 2,124 2,741 3,448 Upstream of Wheeler Road 12.9 1,237 2,117 2,731 3,435 North Arm Saratoga Creek About 150 feet downstream from farm bridge 0.7 80 * 143 * At Joliet Road 0.66 79 * 140 * About 700 feet upstream of Galena Street 0.42 59 * 106 * Tributary 1 to West Aux Sable Creek Tributary B Just downstream of the intersection of Caton Farm Road and Brisbin Road 2.1 446 743 947 1,179 Waubansee Creek At confluence with Fox River 29.6 * * 2,007 * At U.S Route 25 29.5 * * 1,979 * At U.S. Route 34 29.2 * * 1,940 * At U.S. Route 30 18.7 774 1,170 1,447 2,700 At Elgin Joliet and Eastern Railroad 17.4 734 1,108 1,373 2,500 *Data not available Exhibit 2: Fox River Tributary Drainage Area Exhibit 3: Fox River Tributary Drainage Area 19 Table 7. Summary of Discharges Peak Discharges (cubic feet per second) Flooding Source Drainage Area 10-Percent- 2-Percent- 1-Percent- 0.2-Percent- and Location (square miles) Annual-Chance Annual-Chance Annual-Chance Annual-Chance Aux Sable Creek Downstream of Bell Road 107.9 6,162 10,618 13,754 17,360 Downstream of US Highway 52 99.1 5,902 10,167 13,168 16,617 Just downstream of East Aux Sable Creek confluence 98.6 5,886 10,139 13,131 16,570 Downstream of McKanna Road 64.9 3,134 5,422 7,038 7,038 Just downstream of the convergence of Middle Aux Sable Creek and West Aux Sable Creek 63.8 3,054 5,285 6,861 8,676 Blackberry Creek Just downstream of Route 34 69.0 1,381 2,303 2,771 4,053 Just downstream of Route 47 67.5 1,366 2,284 2,749 4,026 Approximately 7,200 feet upstream of Route 47 65.2 1,349 2,260 2,721 3,991 Just downstream of Route 30 59.6 1,316 2,229 2,692 3,968 Clear Creek At confluence with Fox River 6.7 1,055 1,484 1,772 2,474 About 3,300 feet upstream of confluence with Fox River 6.4 1,003 1,413 1,701 2,371 About 2,000 feet downstream of Crimmin Road 3.9 677 994 1,181 1,676 At Crimmin Road 3.5 614 902 1,071 1,520 About 3,700 feet upstream of Crimmin Road 3.3 560 822 968 1,375 About 1,250 downstream of confluence with Dave-Bob Creek 2.87 495 726 855 1,214 At Chicago Road 2.53 408 590 718 1,003 At Main Street 2.01 311 435 538 759 About 1,000 feet upstream of State Route 71 1.6 231 381 462 670 Dave-Bob Creek At confluence with Clear Creek 0.3 65 100 115 145 At Unnamed Tributary 0.17 40 65 75 95 East Aux Sable Creek Just downstream of the confluence of East Aux Sable Creek Tributary A 33.7 2,871 4,908 6,330 7,960 Upstream of the confluence of East Aux Sable Creek Tributary B 27.8 2,533 4,328 5,581 7,015 Exhibit 4: Blackberry Creek Tributary Drainage Area GS POST POST OH/E OH/E 575 5 7 5 580 580 580 585 585 585 590 590 595 600 605 610 615 570 568 569 571 572 573 57 3 574 574 576 576576 OH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/E OH/EOH/E OH/E OH/E OH/E OH/E OH/E OH/E OH/E OH/E OH/E OH/E OH/E OH/E OH/E OH/E OH/E 570 571 5 7 2 573 574 570 568569571572573 570 568 569 571 572 573574 5705705695695715715725725 6 8 5 6 9 580 581 575 577 574 575 577 5 7 4 573 572 57 4 574 57257457 5 A B C D 1 2 3 4 5 DESIGNED BY:*- REFER TO EQUIPMENT MANUFACTURER'S SHOP DRAWINGPLAN SHEET DESIGNATION COVERG H C L S A I Q F P M E T R TELECOMMUNICATIONS FIRE PROTECTION ARCHITECTURAL HAZARDOUS MATERIALS RESOURCE ELECTRICALMECHANICALPLUMBING EQUIPMENTINSTRUMENTATION STRUCTURALLANDSCAPECIVIL GENERALREVISIONS - - - - - - - - - - - --- SCALE:**- CLIENT DATE: 54321 D C B A CHECKED BY: SHEET TITLE PROJECT NO: DRAWN BY:NO.DESCRIPTIONDATECONSULTANTS ©MILESTONE OF 1" = 100' YORKVILLE-BRISTOL SANITARY DISTRICT 201643 1/15/21 RIVE R R O A D Exhibit 3: Project Area Project Site = 21.3 acres Exhibit 5: Project Area ©11EXHIBIT 4A: DOWNSTREAM STRUCTURESSOLIDS HANDLING IMPROVEMENTYORKVILLE-BRISTOL SANITARY DISTRICT6 Kendall County Web GIS © OpenStreetMap (and) contributors, CC-BY-SA, Map data © OpenStreetMap contributors, Microsoft, Esri Community Maps contributors, Map layer by Esri 2010 Contours Contour Index Contour August 5, 2021 0 0.02 0.040.01 mi 0 0.04 0.070.02 km 1:1,200 Kendall County Web GIS View GIS Disclaimer at https://www.co.kendall.il.us/departments/geographic-information-systems/gis-disclaimer-page/. Exhibit 4B: Downstream Structures 590 600 600 590 610 610 Base Flood Elevation = 575.2-575.8 Exhibit 6B: Downstream Structures 570 Kendall County Web GIS © OpenStreetMap (and) contributors, CC-BY-SA, Map data © OpenStreetMap contributors, Microsoft, Esri Community Maps contributors, Map layer by Esri 2010 Contours Contour Index Contour August 5, 2021 0 0.01 0.020.01 mi 0 0.01 0.030.01 km 1:960 Kendall County Web GIS View GIS Disclaimer at https://www.co.kendall.il.us/departments/geographic-information-systems/gis-disclaimer-page/. Exhibit 4C: Downstream Structures 570 580 590 600 610 570 Base Flood Elevation = 573.7 Exhibit 6C: Downstream Structures 606 Kendall County Web GIS © OpenStreetMap (and) contributors, CC-BY-SA, Map data © OpenStreetMap contributors, Microsoft, Esri Community Maps contributors, Map layer by Esri 2010 Contours Contour Index Contour August 5, 2021 0 0.01 0.020 mi 0 0.01 0.020.01 km 1:720 Kendall County Web GIS View GIS Disclaimer at https://www.co.kendall.il.us/departments/geographic-information-systems/gis-disclaimer-page/. Exhibit 4D: Downstream Structures 570 580 590 600 Base Flood Elevation = 571.6 Shed Exhibit 6D: Downstream Structures § 55.020 GENERAL INFORMATION. (A) Other applicable regulations. All developments shall meet the requirements specified for general stormwater development (§ 55.020), site runoff (§ 55.022), sediment and erosion control (§§ 55.035 through 55.047), performance security and maintenance (§§ 55.200 through 55.203). (B) Applicability of site runoff storage requirements (detention). (1) All developments shall comply with the site runoff storage requirements provided in § 55.023 of this subchapter in which: (a) More than two single-family structures or one two-family structure are to be constructed on a site five or more acres in size; (b) Multi-family or nonresidential land use is to be constructed on a site more than one acre in size; (c) Existing multi-family or nonresidential land uses on a site one acre or more in size, on which new development after the effective date of this chapter in the aggregate exceeds 25,000 square feet; (d) Roadway developments in rights-of-way under the ownership or control of a unit of local governments when the contiguous area of new roadway construction (excluding previously paved areas) exceeds two acres; and (e) The developer of a commercial or industrial redevelopment may request that a fee-in-lieu of detention be approved provided that all of the following are demonstrated to the sole satisfaction of the Administrator: 1. The drainage plan will not increase existing flood damages; and 2. The drainage plan provides a net benefit in water quality compared to the existing development. (2) The Administrator shall determine the appropriate fee to be collected as defined in § 55.215, and his or her decision in the matter shall be considered final. (C) Exemptions from site runoff storage requirements (detention). Site run-off storage is not required under the following circumstances: (1) Direct discharge industrial sites; and/or (2) Non-industrial direct discharge sites 160 acres or less having the following minimum river frontage: Site Area Required Frontage 0—2 acres 50 feet Up to 5 acres 100 feet Up to 10 acres 150 feet Up to 40 acres 200 feet Up to 80 acres 350 feet Up to 160 acres 500 feet (Res. 02-441, passed 10-17-2002; Res. 02-495, passed 11-21-2002; Res. 04-87, passed 3-17-2004) Exhibit 5: Will County Detention ExemptionsExhibit 7: Will County Detention Exemptions Exhibit 6: HEC-RAS Model Results Table 1: Fox River HEC-RAS Model Results: 100-Year Floodplain Elevations HEC-RAS Cross Section Location Existing 100- Year Elevation Proposed 100- Year Elevation Change (ft) 35.841 DS site limits 575.64 575.64 0.00 35.938 575.76 757.75 -0.01 36.050 575.85 575.85 0.00 36.068 575.94 575.96 0.02 36.151 FEMA Sect. W 576.01 576.04 0.03 36.201 US site limits 576.16 576.20 0.04 36.358 576.70 576.74 0.04 36.368 DS of Bridge St. 576.87 576.91 0.04 36.391 FEMA Sect. X 577.10 577.14 0.04 Table 2: Fox River HEC-RAS Model Results: 100-Year Channel Velocities HEC-RAS Cross Section Location Existing 100- Year Velocity (ft/s) Proposed 100- Year Velocity (ft/s) Change (%) 35.841 DS site limits 3.17 3.22 1.6 35.938 3.24 3.43 5.9 36.050 3.31 3.44 3.9 36.068 3.18 3.30 3.8 36.151 FEMA Sect. W 4.67 4.79 2.6 36.201 US site limits 4.88 4.88 0.0 36.358 4.87 4.85 -0.4 36.368 DS of Bridge St. 4.00 3.97 -0.7 36.391 FEMA Sect. X 3.33 3.35 0.6 8 Table 3:Blackberry Creek HEC-RAS Model Results: 100-Year Floodplain Elevations HEC-RAS Cross Section Location Existing 100- Year Elevation Proposed 100- Year Elevation Change (ft)0 Fox RiverConfluence 573.36 573.36 0.00275FEMA Sect. A 574.17 574.18 0.01558576.84 576.84 0.00676576.84 576.84 0.00702DS of River Rd.576.89 576.88 -0.01732US of River Rd.577.43 577.42 -0.011115FEMA Sect. B 580.73 580.73 0.00 Table 4: Blackberry Creek HEC-RAS Model Results: 100-Year Channel Velocities HEC-RAS Cross Section Location Existing 100- Year Velocity (ft/s) Proposed 100- Year Velocity (ft/s) Change (%)0 Fox RiverConfluence 5.22 5.22 0.00275FEMA Sect. A 11.42 11.46 0.355584.80 4.80 0.006766.48 6.48 0.00702DS of River Rd.6.65 6.65 0.00732US of River Rd.3.83 3.83 0.001115FEMA Sect. B 8.93 8.93 0.00 0 670 1,340335 Feet MaxarI:\Crystal Lake\YORSD\201643-Solids Handing Impr\GIS\ProProjects\YBSD-1B\YBSD-1B.aprx Saved: 4/29/2021 4:54 PM Designer: 734cjvApril 26, 2018 Yorkville-Bristol Sanitary District SOLIDS HANDLING IMPROVEMENTSCOMPENSATORY STORAGE - POTENTIAL OFFSITE LOCATIONS Project SiteProperty Parcels (Kendall County, 2020)Topographic Contours (Kendall County, 2020)Potential Offsite Comp. Storage Sites Youth Camp property Henker-Beck Farm Crawford Park South Bumpout EXHIBIT 79 IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site-specific (e.g., vegetation/species surveys) and project-specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location Kendall County, Illinois Local office Illinois-Iowa Ecological Services Field Office (309) 757-5800 (309) 757-5807 Illinois & Iowa Ecological Services Field Office 1511 47th Ave Moline, IL 61265-7022 U.S. Fish & Wildlife ServiceIPaCInformation for Planning and Consultation Exhibit 10: USFW Report Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site-specific and project- specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Log in (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed species and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries ). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. IPaC only shows species that are regulated by USFWS (see FAQ). 2.NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. The following species are potentially affected by activities in this location: 1 2 Mammals Insects Flowering Plants Critical habitats Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. THERE ARE NO CRITICAL HABITATS AT THIS LOCATION. Migratory birds NAME STATUS Indiana Bat Myotis sodalis Wherever found There is final critical habitat for this species. The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/5949 Endangered Northern Long-eared Bat Myotis septentrionalis Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9045 Threatened NAME STATUS Rusty Patched Bumble Bee Bombus affinis Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9383 Endangered NAME STATUS Eastern Prairie Fringed Orchid Platanthera leucophaea Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/601 Threatened Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act . 1 2 The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php • Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf NAME BREEDING SEASON (IF A BREEDING SEASON IS INDICATED FOR A BIRD ON YOUR LIST, THE BIRD MAY BREED IN YOUR PROJECT AREA SOMETIME WITHIN THE TIMEFRAME SPECIFIED, WHICH IS A VERY LIBERAL ESTIMATE OF THE DATES INSIDE WHICH THE BIRD BREEDS ACROSS ITS ENTIRE RANGE. "BREEDS ELSEWHERE" INDICATES THAT THE BIRD DOES NOT LIKELY BREED IN YOUR PROJECT AREA.) Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 Breeds Oct 15 to Aug 31 Black-billed Cuckoo Coccyzus erythropthalmus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9399 Breeds May 15 to Oct 10 Bobolink Dolichonyx oryzivorus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 20 to Jul 31 Dunlin Calidris alpina arcticola This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds elsewhere Golden Eagle Aquila chrysaetos This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1680 Breeds elsewhere Henslow's Sparrow Ammodramus henslowii This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/3941 Breeds May 1 to Aug 31 Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. King Rail Rallus elegans This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/8936 Breeds May 1 to Sep 5 Least Bittern Ixobrychus exilis This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/6175 Breeds Aug 16 to Oct 31 Lesser Yellowlegs Tringa flavipes This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9679 Breeds elsewhere Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 10 to Sep 10 Ruddy Turnstone Arenaria interpres morinella This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds elsewhere Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds elsewhere Semipalmated Sandpiper Calidris pusilla This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds elsewhere Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 10 to Aug 31 The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year- round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Facilities National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS AT THIS LOCATION. Fish hatcheries THERE ARE NO FISH HATCHERIES AT THIS LOCATION. Wetlands in the National Wetlands Inventory Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. WETLAND INFORMATION IS NOT AVAILABLE AT THIS TIME This can happen when the National Wetlands Inventory (NWI) map service is unavailable, or for very large projects that intersect many wetland areas. Try again, or visit the NWI map to view wetlands at this location. Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on-the-ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. Days to Variance Schedule Complete Day Date B&W meet with YBSD to Review Approach and Prepare 7 Wed 7/14/2021 District Board Approves the Variance Approach Mon 8/9/2021 1. Informal Meeting with City staff and Engineering (EEI)Mon 8/9/2021 2. City provides initial staff comments on whether they will support variances 14 Mon 8/23/2021 3. City staff engages County for County Ordinance variances, if applicable 21 Mon 8/30/2021 4. Meeting with City & County Staff to finalize formal variance request 50 Tue 10/12/2021 5. Formal Variance Submittal Fri 10/15/2021 6. Plan Council 25 Tue 11/9/2021 a. City staff and Engineering (EEI) 7. Economic Development Committee (4 people)Tue 12/7/2021 8. Public Notice Deadline 21 Tue 12/28/2021 9. Planning and Zoning Commission (Public Hearing)Wed 1/12/2022 Approval process – City: 10. Planning and Zoning provides Positive or Negative recommendation to City Council 12 Mon 1/24/2022 11. City Council Approval Tue 1/25/2022 a. If positive recommendation received from Planning and Zoning, majority needed for approval b. If negative recommendation received from Planning and Zoning, super majority needed for approval Approval process – County: 10. Planning and Zoning provides recommendations to County Board and Director.0 Tue 1/25/2022 11. County Board grants variance, grants modified variance, or denies variance within 45 days of receiving written recommendations 45 Fri 3/11/2022 1 Summary: The petitioner, Yorkville Bristol Sanitary District (YBSD), is seeking a variance to the Kendall County Stormwater Ordinance (adopted by the United City of Yorkville) related to detention and compensatory storage. Additionally, YBSD is also seeking variances to the United City of Yorkville’s Landscape Ordinance related to tree preservation and replacement and the Zoning Ordinance related to building setback reduction. The requested variances are needed to allow for the future expansion and construction of additional wastewater treatment structures located on approximately 21 acres immediately west of the current operation at 304 River Street. Property Background: The approximately 21-acre subject property is currently undeveloped and situated just west of the existing YBSD facility located at 304 River Street. While this property was annexed first in 2006 and rezoned A-1 Agricultural District with a Special Use for a public sanitary water treatment facility (Ord. 2006-44), the actual sanitary operations occur on the east parcel which was annexed in 2007 Memorandum To: Planning and Zoning Commission From: Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Brad Sanderson, EEI, City Engineer Date: November 29, 2021 Subject: PZC 2021-07 YBSD Expansion (Variance) Stormwater Management, Landscape & Zoning Ordinance Variances 2 (Ord. 2007-30). The 2007-30 Ordinance also approved a ten (10) foot yard setbacks from all property lines in the A-1 district for the current facility. The following are the zoning and land uses for the parcels adjacent to the subject property: Zoning Land Use North A-1 Agriculture (Unincorporated Kendall County) Open Space East A-1 Agricultural District (Special Use) Yorkville-Bristol Sanitary District (YBSD) Current Wastewater Treatment Facility South OS-1 Open Space (Passive) Open Space Fox River West A-1 Agriculture (Unincorporated Kendall County) Open Space Proposed Project: As stated in the petitioner’s application, the Yorkville Bristol Sanitary District (YBSD) and the United City of Yorkville have collaborated over the past fifteen (15) years to ensure that the wastewater treatment facility can adequately serve the City’s current development and future population growth. This included the adoption of a facility planning area (FPA) and reserving the 21-acre subject property for further expansion of the operation, when needed. Since 2014, YBSD has steadfastly conducted assessments of its space and capacity needs to meet the more stringent regulations on its treatment processes while continuing to provide wastewater treatment services for the residents and businesses within its territory. The YBSD planning area encompassing not only the United City of Yorkville, but portions of unincorporated Bristol and Kendall Townships. With the continued uptick in new residential construction over the past 5 years and increase in population by approximately 21.4% between the 2010 and 2020 decennial census, YBSD has determined the time has arrived to move forward with the facility expansion. Although a full expansion site plan has not been provided as part of this application, the proposed improvements will consist of approximately 641,000 square feet of development and 440,000 square feet of new impervious surfaces such as tanks, pipes, platforms, and other structures. To maximize the capacity for onsite treatment, variances are sought to the (1) stormwater detention, (2) compensatory storage, and (3) tree preservation and replacement requirements which, if applied, would significantly limit the footprint of the proposed expanded facility. Variance Requests: The following is a summary of the four (4) variances requested by YBSD related to the proposed facility expansion: Stormwater Detention In 2012, the city adopted the Kendall County Stormwater Management Ordinance to require all development, stormwater management activities, soil erosion control practices and floodplain measures within Yorkville are subject to and comply with the county’s regulations. The City of Yorkville is authorized to review and approve plans according to the regulations of the ordinance, this includes the consideration of variances. Per Section 203 of the Kendall County Stormwater Management Ordinance, non-residential developments equal to or greater than three (3) acres that result in more than 45,000 square feet of 3 development or 32,000 square feet of impervious area must provide onsite stormwater detention. The proposed expansion will exceed all stated thresholds. Therefore, YBSD is requesting a full waiver of the stormwater detention requirement based on the following: 1. The stormwater runoff generated from the proposed development area will discharge directly to the Fox River and Blackberry Creek with no impact to downstream properties. 2. The proposed development is significantly smaller than the total watershed area (21 acres of 2,138 square miles). 3. The estimated timing of the YBSD facility’s peak stormwater discharges is unlikely to coincide with the highest flows and flood elevations along the Fox River and Blackberry Creek waterways. 4. The proposed implementation of best management practices such as vegetative swales, buffer strips, and sediment traps which will treat the discharges to the Fox River and Blackberry Creek and mitigate potential reduction of water quality. 5. To avoid the potential removal of valuable riparian vegetation and critical habitat for the endangered Indiana bat located on the subject property. The City Engineer, EEI, has reviewed the request for full waiver of stormwater detention requirements for the project and supports granting the request. Compensatory Storage Similar to the stormwater detention regulations, the compensatory storage requirements are part of the Kendall County Stormwater Management Ordinance adopted by Yorkville. Per Section 403, the ordinance states that hydraulically equivalent compensatory storage must be provided for fills within the regulatory floodplain. In order to maximize the property’s land area to accommodate critical wastewater treatment operations, YBSD is requesting a full waiver of the compensatory storage requirements, onsite or downstream of the property, based on the following: 1. There would be no structures impacted by the regulatory floodplain along the Fox River in the area immediately downstream of the proposed improvements. 2. The minor loss of flood storage resulting from the proposed fill is small, relative to the total flood storage of the Fox River and will not impact any downstream structures during the 100- year flood. 3. A dam is located upstream of the subject property which provides some hydraulic control of flood profiles, creates upstream flood storage, and reduces the impacts of proposed fill within the project limits. 4. The hydraulic modeling demonstrated that the proposed improvements meet the applicable regulatory standards of the Illinois Department of Natural Resources (IDNR) requirements for floodway constructions without the need for compensatory storage. 5. Several offsite compensatory storage locations were explored, however, these areas had major feasibility concerns or negative impacts such as requiring additional tree removal and/or additional loss of usable land. The City Engineer, EEI, has reviewed the request for full waiver of compensatory storage requirements for the project and supports granting the request. 4 Tree Preservation and Replacement The United City of Yorkville’s Landscape Ordinance requires any new development on five (5) or more acres to make every reasonable effort to retain existing trees with a four inch (4”) DBH (diameter breast height) or greater through the integration of those trees into the landscape of the proposed site plan. In addition, critical areas such as floodplains, steep slopes and wetlands should be left in their natural condition or only partially cleared. Cutting and filling in the vicinity of valuable trees should be minimal, according to the regulations of the Landscape Ordinance. Whenever trees are removed, specific criteria for replacement is provided within the ordinance. As stated previously, the petitioner desires to maximize the buildable area of the subject property for critical wastewater treatment operations. Therefore, YBSD is seeking full waiver of the tree preservation and replacement requirements based on the number of trees to be removed/replaced (approximately 1,500) would make the proposed facility expansion site plan unachievable. The City Engineer, EEI, and the Community Development Director have reviewed the request for full waiver of the tree preservation and replacement requirements for the project and supports granting the request subject to the following: 1. The submittal of tree survey which shall include the following: a. The location of all trees four inches (4") in caliper or greater within one hundred feet (100') of any tree proposed to be removed, including a description of the tree(s), botanical name, common name, caliper size and general condition or health of the tree(s). The survey shall be completed by an International Society of Arboriculture certified arborist or Illinois Department of Natural Resources Consultant Forester, or other qualified professional as approved in writing by the Community Development Director. b. Delineation of trees to be removed and trees to be preserved, if any. c. Details and specifications or procedures to be used to protect trees being preserved, if any. 2. The submittal of a landscape plan of the subject property, at time of building permit application, illustrating the buildings, structures, or any other applicable improvements. Building Setback Reduction Below are the current density and bulk regulations for the A-1 Agricultural District in Yorkville: Zone District Max. Density Min. Lot Size Min. Lot Width Max. Lot Coverage Setbacks Max. Building Height A-1 Agricultural - - - - 100’ Min. Front 80’ (100’ for silos) 50’ Min Side 0’ Transitional Yard 0’ Min. Rear 5 While the special use authorization for the existing YBSD facility approved via Ord. 2007-30 provided for a reduced yard setback of ten feet (10’) from all property lines, the subject property’s special use authorization (Ord. 2006-44) does not provide any relief related to yard setbacks for buildings or structures. Since the proposed facility expansion intends to maximize the buildable area of the site, YBSD is seeking a reduction in the yard setbacks for the subject property to ten feet (10”) from all property lines to remain consistent with their existing facility located to the east. The Community Development Director has reviewed the request for a reduction in yard setback requirements to ten feet (10’) from all property lines for the project. Since both parcels are owned by the same entity, the City can consider both as a single zoning lot, therefore the continuation of the setback would be consistent with the previously approved special use and staff supports granting the request. Review Process: Per Article 9. Variances of the Kendall County Stormwater Management Ordinance (adopted by the City of Yorkville), applications for variances require approval from both the certified community and the County. Therefore, when Yorkville staff conducted a Plan Council meeting to assess the technical aspects of the proposed stormwater detention and compensatory storage variances, we included Kendall County staff. Attached are minutes from that November 9, 2021 meeting. YBSD has simultaneously applied for variance approval with Kendall County. WBK Engineering, engineering consultant for Kendall County, has reviewed the plans and have no objections to the findings of EEI or the City’s recommendation for stormwater variance approval. However, the County will wait for Yorkville’s City Council determination prior to advancing to their board. Standards for Granting a Variance: The Planning and Zoning Commission must base its decision to vary, or recommend varying, the Petitioner’s request for relief of the Stormwater Management Ordinance regulations upon the following standards (Section 904): 1. The variance will not increase the probability of flood damage or create an additional threat to the public health, safety, or welfare. 2. The variance requested is the minimum relief necessary to accomplish the objectives of the development without compromising the objectives of Section of this Ordinance. 3. The variance will not result in a reduction of water quality benefits as compared to compliance with ordinance requirements. 4. The variance is not requested solely for the purpose of reducing site runoff storage requirements. 5. The variance shall not cause conveyance of stormwater from the project to increase peak discharges beyond design capacity of existing offsite conveyance facilities for any storm event from the 2-year to the 100-year recurrence frequency. 6. The variance shall seek to preserve valuable environmental and biological resources including but not limited to stands of native trees, existing wetlands, and natural floodplain storage. 7. Variances shall not be issued by the permitting agency within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. 6 8. Variances may be issued by the permitting agency for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the following procedures of this section. In addition, the Zoning Ordinance requires the following standards be met for a variance (Section 10- 4-7-C): 1. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. 2. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification. 3. The alleged difficulty or hardship is caused by this title and has not been created by any person presently having an interest in the property. 4. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. 5. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. 6. The proposed variation is consistent with the official comprehensive plan and other development standards and policies of the city. The petitioner has provided responses to all these standards listed above in their application materials which is requested to be entered into the record. Staff Comments: As stated, staff is supportive of the requested variances to the Stormwater Management Ordinance, Landscape Ordinance and Zoning Ordinance for the future expansion of the Yorkville Bristol Sanitary District (YBSD) wastewater treatment operations. We believe the ability for the sanitary district to provide the treatment of the increasing sewage flow produced by existing and future residential, commercial, and industrial land uses in Yorkville is critical to our growth. Further, the proposed variances would not create any substantial hardships to the environment, adjacent landowners, or downstream structures. Finally, the 2016 Comprehensive Plan’s future land use designation for this property is Institutional. The Institutional land use classification allows land owned or used by public or quasi- public entities to plan accordingly for future location and expansion of such facilities. The proposed Yorkville Bristol Sanitary District’s expansion plan is consistent with the Comprehensive Plan. 7 PROPOSED MOTIONS: The following four (4) motions should be considered by the Planning and Zoning Commission separately for each variance request: 1. Stormwater Detention In consideration of testimony presented during a Public Hearing on January 12, 2022 and approval of the findings of fact, the Planning and Zoning Commission recommends approval of a requested variance to Title 8 – Building Regulations, Chapter 7 - Stormwater and Floodplain Regulations (Section 203.1.b of the Kendall County Stormwater Management Ordinance as adopted by the United City of Yorkville) granting full relief of the stormwater detention requirements for a future wastewater treatment facility to be located on the 21-acre parcel immediately west of 304 River Street and further subject to {insert any additional conditions of the Planning and Zoning Commission}… 2. Compensatory Storage In consideration of testimony presented during a Public Hearing on January 12, 2022 and approval of the findings of fact, the Planning and Zoning Commission recommends approval of a requested variance to Title 8 – Building Regulations, Chapter 7 - Stormwater and Floodplain Regulations (Section 403.a of the Kendall County Stormwater Management Ordinance as adopted by the United City of Yorkville) granting full relief of the compensatory storage requirements for a future wastewater treatment facility to be located on the 21-acre parcel immediately west of 304 River Street and further subject to {insert any additional conditions of the Planning and Zoning Commission}… 3. Landscape Ordinance In consideration of testimony presented during a Public Hearing on January 12, 2022 and approval of the findings of fact, the Planning and Zoning Commission recommends approval of a requested variance to Title 8 – Building Regulations, Chapter 12 - Landscape Ordinance of the Yorkville City Code granting full relief of the tree preservation and replacement requirements for a future wastewater treatment facility to be located on the 21- acre parcel immediately west of 304 River Street and further subject to {insert any additional conditions of the Planning and Zoning Commission}… 4. Building Setback In consideration of testimony presented during a Public Hearing on January 12, 2022 and approval of the findings of fact, the Planning and Zoning Commission recommends approval of a requested variance to Title 10 – Zoning, Chapter 7 – Dimensional and Bulk Requirements of the Yorkville City Code granting a reduction of yard setbacks in the A-1 Agricultural Zoning District to 10’ from all property lines for a future wastewater treatment facility to be located on the 21-acre parcel immediately west of 304 River Street and further subject to {insert any additional conditions of the Planning and Zoning Commission}… Attachments: 1. Petitioner Application (with attachments) 2. Plan Council meeting minutes 11-9-21 3. EEI Review Letter dated 11-8-21 4. WBK Engineering Letter dated 11-30-21 5. Ordinance 2006-44 6. Ordinance 2007-30 7. Public Hearing Notice OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OHOHOHOHOHOHOHOHOHOHOH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH OH 8678 RIDGEFIELD ROAD · CRYSTAL LAKE, IL 60012PHONE: 815-459-1260 · FAX: 815-455-045050050100Scale 1" = 50'40' Right-of-Way dedicated as per Doc. 200700032380(409.56' Rec.) S 04°29'16" W Right-of-Way dedicated as per Doc. 201200000743Grant of Easement to CommonwealthEdison Company along the North side ofproperty as per Doc. 20130000894040' Right-of-Way dedicated as per Doc. 200700032380No formal dedication foundNo formal dedication foundR=1810.00' A=492.93'Ch=S 78°26'48" E 491.50'S 86°05'25" E70.82'894.45' S 70°48'10" E140.00' S 77°45'17" E(625.0' Rec.) ( N 00°05'53" E Rec.) N 00°28'48" W (104.94' Rec.) N 56°58'48" W(300.96' Rec.) N 88°28'48" W(77.22' Rec .)S 75°46'12" W ( 1 3 0 . 6 8 ' R e c . ) S 5 7 ° 3 1 ' 1 2 " W (497.21' Rec.) S 02°12'42" W (610.82' Rec.) S 78°28'48" ER=1540.08' A=95.35'Ch=S 72°34'35" E 95.34'R=1540.08' A=91.51'Ch=S 76°03'09" E 91.50'(642.84' Rec.) N 00°28'48" W Approximate Northerly Bank of Fox RiverApproximate Northerly Bank of Fox RiverA p p r o x i m a t e N o r t h e r l y B a n k o f F o x R i v e r 40' 25'66'East Line of a tract of landconveyed to the State of Illinois bydeed from Clarence S. Williamsand Mary E. Williams, his wife,recorded in Book 76, Page 35080.87' S 77°48'17" E293.20' S 78°28'48" E"Permit" for a pole line was grantedto the Public Service Company ofIllinois from Carrie, Mary C. & EmilyKnight dated April 29, 1913 andrecorded in Book 65, Page 412Approximate location of a 20' wide Northern IllinoisGas Company Gas Main Easement, recordedOctober 18, 1967 in Book 157, Pages 567-569(Precise location of easement is described to followthe facilities as installed) Location of gas main asper as-constructed plans (dated 2001/2009), locationdiffers from the approximate location as shown in thesketch of the easement document.SURVEY AND EASEMENT EXHIBITW E S TS I T EE A S TS I T ELEGAL DESCRIPTION - WEST SITETHAT PART OF THE NORTH HALF OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRDPRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:BEGINNING AT AN IRON STAKE ON THE CENTERLINE OF RIVER ROAD, WHICH MONUMENTS THE WEST LINEOF A TRACT OF LAND CONVEYED TO THE STATE OF ILLINOIS BY DEED FROM CLARENCE S. WILLIAMS ANDMARY E. WILLIAMS, RECORDED IN BOOK 76, PAGE 350;THENCE NORTH 70°13'29" WEST ALONG SAID CENTERLINE, 985.57 FEET;THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING ALONG A TANGENTIAL CURVE TO THE LEFT,HAVING A RADIUS OF 1850.0 FEET, AN ARC DISTANCE OF 493.61 FEET;THENCE NORTH 85°30'44" WEST ALONG SAID CENTERLINE, 70.82 FEET;THENCE SOUTH 04°29'16" WEST, 409.56 FEET TO THE NORTHERLY BANK OF THE FOX RIVER;THENCE EASTERLY ALONG SAID NORTHERLY BANK, TO THE SAID WEST LINE OF THE TRACT CONVEYED TOTHE STATE OF ILLINOIS;THENCE NORTHERLY ALONG SAID WEST LINE, 625.0 FEET TO THE POINT OF BEGINNING, IN BRISTOLTOWNSHIP, KENDALL COUNTY, ILLINOIS.LEGAL DESCRIPTION - EAST SITETHAT PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THETHIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:COMMENCING AT AN IRON STAKE AT THE NORTHWEST CORNER OF YORK VALLEY CONDOMINIUM,YORKVILLE, KENDALL COUNTY, ILLINOIS, AS SHOWN ON THE PLAT RECORDED AS DOCUMENT NO. 77-7836;THENCE WESTERLY ALONG THE SOUTHERLY LINE OF RIVER STREET, 90.50 FEET TO THE WESTERLY LINEOF LOT 7 AS SHOWN ON PLAT RECORDED IN PLAT BOOK 1, PAGE 84 AND THE EASTERLY LINE OF A TRACTCONVEYED TO THE STATE OF ILLINOIS BY DEED FROM CLARENCE S. WILLIAMS AND MARY E. WILLIAMS, HISWIFE, RECORDED IN BOOK 76, PAGE 350;THENCE NORTHERLY ALONG SAID EASTERLY LINE WHICH FORMS AN ANGLE OF 91°46'00" WITH THE LASTDESCRIBED COURSE (MEASURED COUNTER-CLOCKWISE THEREFROM), 9.89 FEET TO A NORTHEASTERLYCORNER OF SAID WILLIAMS TRACT, SAID TO BE ON THE CENTERLINE OF RIVER ROAD, FOR THE POINT OFBEGINNING;THENCE SOUTHERLY ALONG SAID EASTERLY LINE, 497.21 FEET;THENCE SOUTHWESTERLY ALONG A SOUTHEASTERLY LINE OF SAID WILLIAMS TRACT WHICH FORMS ANANGLE OF 124°41'30" WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISETHEREFROM), 130.68 FEET;THENCE WESTERLY ALONG A SOUTHERLY LINE OF SAID WILLIAMS TRACT WHICH FORMS AN ANGLE OF161°45'00" WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISE THEREFROM), 77.22FEET;THENCE WESTERLY ALONG A SOUTHERLY LINE OF SAID WILLIAMS TRACT WHICH FORMS AN ANGLE OF164°15'00" WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISE THEREFROM), 300.96FEET;THENCE NORTHWESTERLY ALONG A SOUTHEASTERLY LINE OF SAID WILLIAMS TRACT WHICH FORMS ANANGLE OF 148°30'00" WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISETHEREFROM), 104.94 FEET;THENCE NORTHERLY ALONG A WESTERLY LINE OF SAID WILLIAMS TRACT, 642.84 FEET TO AN IRON STAKEIN THE CENTER OF RIVER ROAD, SAID TO BE 291.72 FEET (4.42 CHAINS) WEST TO THE WEST END OFBLACKBERRY BRIDGE;THENCE EASTERLY ALONG THE CENTERLINE OF RIVER ROAD, 610.82 FEET TO THE POINT OF BEGINNING,IN KENDALL COUNTY, ILLINOIS.R=1850.00' A=493.61'(N 85°30'44" W Rec.)N 86°05'25" W70.82'985.57' Rec. ( N 70°13'29" W Rec.) N 70°48'10" W Meas.West Line of a tract of landconveyed to the State of Illinois bydeed from Clarence S. Williamsand Mary E. Williams, his wife,recorded in Book 76, Page 350A Print using Adobe® Reader®'s "Actual size" setting r150 1/1 10/12/2021 11:30:06 AM Exhibit B – Adjoining or contiguous landowners within 500 feet of the property September 24, 2021 Community Development Department United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 RE: Application for Variance Fee Waiver Request To whom this may concern, This letter is a request for a waiver of all fees associated with the Application for Variance. It is my understanding that these fees were created for private/commercial/industrial entities and not meant for another governmental entity. The Yorkville-Bristol Sanitary District (YBSD) is a governmental entity that shares much of the same user base with the City of Yorkville. Therefore, any fees assigned to YBSD will effectively result in the local citizens paying themselves a fee. As such, the YBSD kindly requests a waiver of the fees for this variance submittal process. The YBSD greatly appreciates the time and consideration provided by the City of Yorkville in this matter. Please feel free to contact me with any questions regarding this matter. Respectfully Submitted, Cyrus W. McMains, PE Executive Director | YBSD Attachment: None CC: File Yorkville Bristol Sanitary District Variance Request Prepared by: www.baxterwoodman.comAugust9, 2021 Yorkville Bristol Sanitary District Variance Request 201643.40 Yorkville Bristol Sanitary District Variance Request TABLE OF CONTENTS201643.40Section Page No. 1.INTRODUCTION ................................................................................................................................................32.ORDINANCES ......................................................................................................................................................52.1 Stormwater Detention Ordinance for Kendall County ......................................................52.2 Compensatory Storage Ordinance for Kendall County......................................................52.3 Tree Replacement Standards, Landscaping Ordinance for City ofYorkville................................................................................................................................................53.VARIANCE REQUESTS ....................................................................................................................................63.1 Stormwater Detention ....................................................................................................................63.2 Compensatory Storage....................................................................................................................83.3 Tree Replacement ..........................................................................................................................104.OFFSITE COMPENSATORY STORAGE ...................................................................................................115.CONCLUSION ...................................................................................................................................................11 LIST OF EXHIBITSExhibit1–Kendall County Stormwater Ordinance2–United City of Yorkville Landscaping Ordinance3–Fox River Tributary Drainage Area4–Blackberry Creek Tributary Drainage Area5–Project Area6–Downstream Structures7–Will County Detention Exemptions8–HEC-RAS Model Results Table9–Offsite Compensatory Storage Locations10–U.S. Fish & Wildlife Service Report Page 3 Yorkville Bristol Sanitary District Variance Request 201643.40 1.INTRODUCTION The Yorkville-Bristol Sanitary District (YBSD)and the United City of Yorkville have been workingtogether for the last 15-years to ensure that west side property is available for the wastewatertreatment facility to serve the ultimate facility planning area (FPA)population.In 2005,YBSDcompleteda Facility Planning Report that demonstrated the need for additional space for thewastewater treatment facility to serve the potential future facility planning area population.In 2006, YBSD prepared an annexation agreement that annexed the west side property into theUnited City of Yorkville, Kendall County, Illinois. The United City of Yorkville City Councilunanimously approved the annexation, Ordinance No. 2006-43. YBSD also rezoned the west sidepropertyto A-1 with special use for sanitary water treatment facilities. The City Council followedthe recommendation from the Plan Commission and unanimously approved Ordinance No. 2006-44. These two ordinances provided the space and zoning required to provide the wastewatertreatment capacity for the potential future FPA population on a single site.In 2014, YBSD completed a Phosphorus Removal Feasibility Report to determine the costs,treatment processes and space required to meet future effluent phosphorus limits. This reportfurther reinforced the need for the west side property.In 2018, YBSD completed a wetland delineation of the west side property to determine the sensitiveenvironmental areas and the areas that could be used for wastewater treatment.YBSD is currently completing the stormwater permitting and regulatory requirements that areneededto allow the west side property to be utilized for wastewater treatment. YBSD also justcompleted the preliminary design of the 1st phase of improvements that would be located on thewestsideproperty.YBSD’s mission is to provide wastewater treatment services for residents within its facility planningarea, namely, the United City of Yorkville, Illinois, the county seat of Kendall County. The FacilityPlanning Reports, Annexation Ordinance, Rezoning Ordinance and wetland delineation werecompleted to allow wastewater treat of the potential future facility planning area population at asingle site on the west side of Blackberry Creek. The YBSD FPA encompasses the United City ofYorkville and portions of the unincorporated areas of Bristol and Kendall Townships within KendallCounty.The current and future potential FPA boundaries are shown below. Page 4 Yorkville Bristol Sanitary District Variance Request 201643.40 Providing wastewater treatment for YBSD’s ultimate facility planning area population will requiredevelopment of nearly the entire project site, and the required stormwater detention facilities andcompensatory storage cannot be provided onsite without significantly reducing the footprintavailable for treatment facilities.The reduction of footprint for wastewater treatment facilities willreduce total population that can be served from the west side property. The reduced area wouldnotbe able to accommodate the potential future FPA population.As such, the YBSD is requestingvariances from the Kendall County Stormwater Management Ordinance, as adopted by the UnitedCity of Yorkville, and from the City of Yorkville’s Landscaping Ordinance in accordance with Article9 of the Kendall County Stormwater Management Ordinance. Kendall County Stormwater Management Ordinance (Section 203 and Section 403), asadopted by United City of Yorkville –Ordinance No. 2012-56 United City of Yorkville Landscape Ordinance (Section 8-12-2.H)–Ordinance No. 2009-42 Page 5 Yorkville Bristol Sanitary District Variance Request 201643.40 2.ORDINANCE REQUIREMENTS 2.1 Stormwater Detention Requirements for Kendall CountySection 203 of the Kendall County Stormwater Management Ordinance, as adopted by the City ofYorkville, requires stormwater detention for non-residential developments on properties ofcontiguous ownership that are equal to or greater than three (3) acres and resulting in more than45,000 square feet of development or 32,000 square feet of impervious area. The plannedimprovements, consisting of approximately 641,000 square feet of development and 440,000square feet of new impervious area,exceed both of these thresholds, and therefore Ordinance siterunoff storage requirements are applicable. Stormwater storage volume must be provided such t hatthe 100-year, 24-hour release rate does not exceed 0.15 cubic feet per second (cfs)per acre ofhydrologic disturbance, and the 2-year, 24-hour release rate does not exceed 0.04 cfs per acre. 2.2 Compensatory Storage Requirements for Kendall CountySection 403 of the Ordinance requires that hydraulically equivalent compensatory storage beprovided for fills within the regulatory floodplain. The total compensatory storage volume must beequal to or greater than the flood fringe storage volume displaced.To the greatest extent practicable,storage volume displaced below the 10-year existing flood profile must be replaced below theproposed 10-year flood profile, and storage displaced between the existing 10 -and 100-year floodprofiles but be replaced between the proposed 10-and 100-year flood profiles. 2.3 Tree Preservation and Replacement Standards for the United City of YorkvilleCompensatory storage and stormwater detention requirements will necessitate significant treeremoval. Per Section 8-12-2.H of the United City of Yorkville’s Code of Ordinances, tree removalshould be avoided within floodplains, filling near valuable trees should be minimal, and removalrequirements include replacement according to Table 1. Table 1: Tree Replacement Standards, Landscaping Ordinance for the City of Yorkville Caliper (inches) of tree to be removed Number of replacement trees30 or greater 613-29 58-12 44-7 2 Page 6 Yorkville Bristol Sanitary District Variance Request 201643.40 3.VARIANCE REQUESTS The variance requests are organized according to the variance standards as described in Sec tion 904of the Kendall County Stormwater Ordinance as adopted by the United City of Yorkville. 3.1 Stormwater Detention Request 1: Waiver of United City of Yorkville and Kendall County site runoff storage requirements (Section 203.1.b.of the Kendall County Stormwater Management Ordinance, as adopted by the United City of Yorkville (excerpt of Ordinance included in Exhibit 1))Section 904 Standard Justificationa.The variance will not increase theprobability of flood damage or createan additional threat to the publichealth, safety or welfare. Stormwater runoff from the proposed developmentarea discharges directly to the Fox River andBlackberry Creek, with no downstream propertiesimpacted prior to discharge into these waterways.The proposed development area is significantlysmaller than the total watershed areas tributary tothe Fox River and Blackberry Creek (Exhibits 3-5).Therefore, the timing of peak stormwater dischargesfrom the YBSD’s property is unlikely to coincide withthe highest flows and flood elevations along thesewaterways.b.The variance requested is theminimum relief necessary toaccomplish the objectives of thedevelopment without compromisingthe objectives of Section 102 of thisOrdinance. The proposed improvements are for treatmentfacilities that are essential and critical infrastructure.Maximizing the onsite treatment capacity is necessaryto accommodate the needs of the City andsurrounding communities for future growth anddevelopment.Providing detention would prevent theYBSD from achieving the full buildout for treating theprojected flows to the facility.Furthermore, the orientation of the YBSD property issuch that there is significant waterway frontage, withgrades naturally flowing to the Fox River andBlackberry Creek. Draining all site stormwater runoffto detention facilities may be difficult or impossible toachieve while providing a suitable treatment facilityplan.Other counties in Illinois have detentionexemptions for such developments. For example, theWill County Stormwater Management Ordinance(55.020 (C)(2)) provides an exemption for propertiesthat meet the minimum river frontage requirement(Exhibit 7). With over 1,500 feet of river frontage and Page 7 Yorkville Bristol Sanitary District Variance Request 201643.40 less than 20 acres of proposed development, thisproject site would easily qualify for Will County’sdetention exemption thresholds.c.The variance will not result in areduction of water quality benefits ascompared to compliance withordinance requirements. The development will incorporate best managementpractices (BMPs), such as vegetative swales, bufferstrips, and sediment traps, to treat direct dischargesto the Fox River and Blackberry Creek. These BMPswill mitigate potential reduction of water qualitybenefits.d.The variance is not requested solelyfor the purpose of reducing siterunoff storage requirements.The variance is requested to allow for full buildoutcapacity of the treatment facilities to accommodatethe needs of the community’s projected growth. Thereduction of site runoff storage requirements isincidental to this goal.e.The variance shall not causeconveyance of stormwater from theproject to increase peak dischargesbeyond design capacity of existingoffsite conveyance facilities for anystorm event from the 2-year to the100-year recurrence frequency. The development would directly discharge to majornatural waterways, as opposed to designedstormwaterconveyancesystemswithdefinedcapacities. There are no intermediate propertiesbetween the development and the Fox River orBlackberry Creek.Additionally, the proposed development area issignificantly smaller than the total watershed areastributary to the Fox River and Blackberry Creek(Exhibits 3-5). Therefore, the timing of peakstormwater discharges from the YBSD’s property isunlikely to coincide with the highest flows and floodelevations along these waterways.f.The variance shall seek to preservevaluable environmental andbiological resources including butnot limited to stands of native trees,existing wetlands and naturalfloodplain storage. With the variance,the YBSD will be able to achieve fullbuildout capacity at this property.The variance willalso prevent the need for expanding the developmentarea for treatment facilities to include the propertyimmediately adjacent to the Fox River, which wouldrequirethe removal of valuable riparian vegetationand critical habitat for the endangered Indiana bat(Myotis sodalis)(see Exhibit 10 for report from U.S.Fish and Wildlife Service). Page 8 Yorkville Bristol Sanitary District Variance Request 201643.40 3.2 Compensatory Storage Request 2:Waiver of United City of Yorkville and Kendall County compensatory storage requirements (Section 403.a.of the Kendall County Stormwater Management Ordinance, as adopted by the United City of Yorkville (excerpt of Ordinance included in Exhibit 1))Section 904 Standard Justificationa.The variance will not increase theprobability of flood damage or createan additional threat to the publichealth, safety or welfare. There are no structures impacted by the regulatoryfloodplain along the Fox River in the area immediatelydownstream of the proposed improvements (Exhibit 6). The minor loss of flood storage resulting fromproposed floodplain fill is small relative to the totalflood storage of the Fox River and will not impact anydownstream structures during a 100-year flood.Furthermore, a dam is located upstream of the projectlimits, just upstream of Bridge Street. This damprovides some hydraulic control of flood profiles,creates upstream flood storage, and reduces theimpacts of proposed floodplain fills within the projectlimits.Hydraulic modeling demonstrates that the proposedimprovements meet the applicable regulatorystandards of the IDNR Part 3700 requirements forfloodway construction, without the inclusion ofcompensatory storage. Requirements forcompensatory storage are local standards above andbeyond the state’s requirements, which are intendedto preserve the conveyance capacity of the waterway.Preliminary modeling results and modelinput/output files are provided as Exhibit 8.b.The variance requested is theminimum relief necessary toaccomplish the objectives of thedevelopment without compromisingthe objectives of Section 102 of thisOrdinance. The proposed improvements are for treatmentfacilities that are essential and critical infrastructure.Maximizing the onsite treatment capacity is necessaryto accommodate the needs of the City andsurrounding communities for future growth anddevelopment.Providing onsite compensatory storagewould prevent the YBSD from achieving the fullbuildout for treating the projected flows to the facility.Offsite compensatory storage was explored and isdiscussed further below. These options all have majorfeasibility concerns or negative impacts, such asrequiringadditional tree removal and/or additionalloss of usable land. Page 9 Yorkville Bristol Sanitary District Variance Request 201643.40 c.The variance will not result in areduction of water quality benefits ascompared to compliance withordinance requirements. The presence or absence of compensatory storagewould not have an effect on water quality.Even so,the development will incorporate bestmanagement practices (BMPs), such as vegetativeswales, buffer strips, and sediment traps.d.The variance is not requested solelyfor the purpose of reducing siterunoff storage requirements.This variance is unrelated to site runoff storagerequirements.e.The variance shall not causeconveyance of stormwater from theproject to increase peak dischargesbeyond design capacity of existingoffsite conveyance facilities for anystorm event from the 2-year to the100-year recurrence frequency. This variance will not impact conveyance ofstormwater from the project. f.The variance shall seek to preservevaluable environmental andbiological resources including butnot limited to stands of native trees,existing wetlands and naturalfloodplain storage. With the variance,the YBSD will be able to achieve fullbuildout capacity at this property,which would saveenvironmental and biological resources. The variancewill also prevent the need for development of theYBSDproperty immediately adjacent to the Fox River,which would require the removal of valuable riparianvegetation, critical habitat for the endangered Indianabat (Myotis sodalis)(Exhibit 10),and would haveadverse wetland and impacts.Wetland and habitatimpacts could be obstacles to obtaining permitsthrough the U.S. Army Corps of Engineers and IDNR.Article 4 Variance Standardsa.Variances shall not be issued by thepermitting agency within anydesignated regulatory floodway ifany increase in flood levels duringthe base flood discharge wouldresult. Hydraulic modeling demonstrates that the proposedimprovements meet the applicable regulatorystandards of the IDNR Part 3700 requirements forfloodway construction, without the inclusion ofcompensatory storage.Preliminary modeling resultsindicate no increase in flood levels, rounded to thenearest tenth of a foot, and are provided as Exhibit 8.b.Variances may be issued by thepermitting agency for newconstruction and substantialimprovements to be erected on a lotof one-half acre or less in sizecontiguous to and surrounded by lotswith existing structure constructedbelow the base flood level, inconformance with the followingprocedures of this section;… Not applicable; this development is greater than one-half acre. Page 10 Yorkville Bristol Sanitary District Variance Request 201643.40 3.3 Tree Preservation and Replacement Request 3:Waiver of United City of Yorkville tree replacement requirements (Sections H.1.b.i.1,3 and H.2.a-d of the United City of Yorkville’s Landscaping Ordinance (excerpt of Ordinance included in Exhibit 2))Section 904 Standard Justificationa.The variance will not increase theprobability of flood damage or createan additional threat to the publichealth, safety or welfare. This variance will not impact flooding or any otherthreat to public health, safety or welfare. b.The variance requested is theminimum relief necessary toaccomplish the objectives of thedevelopment without compromisingthe objectives of Section 102 of thisOrdinance. The proposed improvements are for treatmentfacilities that are essential and critical infrastructure.Maximizing the onsite treatment capacity is necessaryto accommodate the needs of the City andsurrounding communities for future growth anddevelopment.Replacing trees onsite according to thestandard laid out in the City’s Landscaping Ordinance(preliminary estimate of 1,500 replacement trees) isnot possible if the facility is to provide the projectedtreatment capacity for the community.c.The variance will not result in areduction of water quality benefits ascompared to compliance withordinance requirements. This variance will not impact water quality. d.The variance is not requested solelyfor the purpose of reducing siterunoff storage requirements.This variance is unrelated to site runoff storagerequirements.e.The variance shall not causeconveyance of stormwater from theproject to increase peak dischargesbeyond design capacity of existingoffsite conveyance facilities for anystorm event from the 2-year to the100-year recurrence frequency. This variance will not impact conveyance ofstormwater from the project. f.The variance shall seek to preservevaluable environmental andbiological resources including butnot limited to stands of native trees,existing wetlands and naturalfloodplain storage. While it is not possible to replace all of the removedtrees onsite according to the City’s ordinance(regardless of the detention and compensatorystorage variances), the YBSD aims to preserve thetrees along the banks of the Fox River and BlackberryCreek, which is made possible by the waiving of thestormwater requirements as discussed above.Avoiding offsite compensatory storage will also limitthe extent of tree removal necessary. Page 11 Yorkville Bristol Sanitary District Variance Request 201643.40 4.OFFSITE COMPENSATORY STORAGE Four offsite locations were considered for compensatory storage.These locations were initiallychosen based on their proximity and current use (undeveloped or mostly open space). They are notowned by the YBSD and their use would be contingent upon purchase or easement from theproperty owners.The construction schedule for the facility expansion would be delayed if offsitecompensatory storage is provided, as the compensatory storage would need to be provided prior todevelopment of the YBSD property; thus, property acquisition, permitting, and offsite excavationcould delay construction significantly.The four locations are briefly described below,along withburdens and detrimental impacts associated with construction at these locations.A map of the sitesis included as Exhibit 9. The Youth Camp property directly adjacent to the project site consists of a low-lying areaand a slope heading north up to River Road.This location would require extensive treeremoval, a large quantity of excavation, and the construction of a very large retaining wall(~30’ high). A large bump-out is located on the south bank of the Fox River, located approximately half amile downstream from the Blackberry Creek confluence. This location is heavily forestedanda massive quantity of excavation would be necessary due to the high elevations. Crawford Park, owned the United City of Yorkville,is located on the south bank of the FoxRiver approximately one mile downstream from the Blackberry Creek confluence. It is notforested and would require limited tree removal.Utilizing this area for compensatorystorage, however, would prevent the City from raising the grade in the future or using thisland for any other purposes. Approximately 1.8 miles downstream from the Blackberry Creek confluence, there is a farmlocatedon the north bank of the Fox River. Extensive tree removal would not be necessaryfor this property, but the loss of active farmland is not a desirable outcome. 5.CONCLUSION The District understands that as effluent limits and sludge disposal regulations become morestringent, additional space for future processes to maintain compliance will be of utmostimportance. Some constituents are on the regulatory horizon, but others are unknown at this time.This increases the importance of maximizing contiguous land to accommodate future process. Theabove variance requests are necessary to provide the onsite treatment facilities that meet futureregulatory requirements, as well as accommodate anticipated growth and development within theCity of Yorkville. 5/21/2013 Article 2 Page 4 202.6 Design Rainfall Any design runoff rate calculation shall use Illinois State Water Survey Bulletin 71 isohyetal rainfall data to calculate flow from all tributary area upstream of the point of design. Peak discharges for conveyance design purposes shall be based on the critical duration event considering the appropriate rainfall distribution. Rational method design of conveyance systems may use Illinois State Water Survey Bulletin 70 sectional rainfall data based intensity-duration- frequency curves. 202.7 Stormwater System Easements For projects involving subdivision, major and minor storm water systems shall be located within easements or rights-of-way explicitly providing for public access and maintenance of such facilities. For all other projects requiring a permit, easements are required to provide public access for maintenance of new stormwater facilities (or for modifications) involving stormwater management basins or components of a drainage system that conveys runoff from off-site properties. 202.8 Flow Depths Maximum flow depths for new transverse stream crossings shall not exceed one foot at the crown of the road during the base flood condition. The maximum flow depth on a roadway shall not exceed 6" at the crown for flow parallel to the roadway. For flow over a new roadway or parallel to a new roadway the product of the flow depth (in feet) and velocity (in feet per second) shall not exceed four for the base flood condition. 202.9 Diversion of Flow Between Watersheds Transfers of waters between watersheds (diversions) shall be prohibited except when such transfers will not violate the provisions of Section 201.1 and are otherwise lawful. Watersheds for purpose of regulation under this section shall be the watershed divides as defined in the Kendall County Stormwater Plan. Sec. 203 Site Runoff Storage Requirements 203.1 Applicability of Site Runoff Storage Requirements All developments shall comply with the site runoff storage requirements provided in Section 203 of this Ordinance in which: a. Single family - detached land use property consisting of five or more residential structures having an average lot size of three acres or less; b. A non-residential land use or a residential land use other than single family - detached property of contiguous ownership equal to or greater than three acres and: 1. resulting in more than 45,000 square feet of development, or; 2. resulting in more than 32,000 square feet of impervious surface area Exhibit 1: Excerpts from Kendall County Stormwater Ordinance, as adopted by the United City of Yorkville Request for waiver of 203.1.b. 5/21/2013 Article 2 Page 6 parking lot but in no case shall the impervious surface increase by more than 45,000 sf. 2. Best Management Practices are constructed. 3. The Best Management Practices provide a reduction in total runoff volume or reduction in pollutant load. This shall be documented with a quantitative evaluation of before project and after project conditions. d. Resurfacing of streets or highways outside the floodplain; e. Resurfacing publicly owned streets and highways within the floodplain provided elevation changes are limited to two inches or less; f. Excavation or removal of vegetation in rights-of-way or public utility easements for the purpose of installing or maintaining utilities not including storm sewers; 203.2 Release Rate Sufficient excess runoff / flood storage volume shall be provided so that the proposed project will not discharge at a rate greater than 0.15 cfs/acre of disturbance for a rainfall event with a 100-year recurrence frequency. Additionally, sufficient excess runoff / flood storage volume shall be provided so that the proposed project will not discharge at a rate greater than 0.04 cfs/acre of disturbance for a rainfall event with a 2-year recurrence frequency. The area of hydrologic disturbance for the entire project shall be used to calculate the site runoff storage volume requirements. 203.3 Design Methods Event hydrograph routing methods shall be used to calculate runoff storage volume requirements for stormwater management basins with total tributary areas greater than five acres. The hydrograph routing shall be HEC-1, (SCS methodology), HEC-HMS, TR-20, or TR-55 tabular method or as otherwise approved by the Administrator. Event hydrograph methods shall incorporate the following assumptions: a. Antecedent moisture condition = 2; and b. Appropriate Huff rainfall distribution; and c. 24-hour duration storm with a 1% probability (100-year frequency) of occurrence in any one year as specified by Illinois State Water Survey Bulletin 71 isohyetal rainfall data. Runoff storage volume requirements for stormwater management basins with total tributary areas equal to or less than five acres may utilize the % Impervious to unit Area Detention nomograph developed by NIPC (now known as CMAP) depicted in Table 203. 203.4 Existing Release Rate Less Than Allowable For sites where the undeveloped release rate is less than the maximum release rate in Section 203.2, the developed release rate and corresponding site runoff storage volume requirement shall be based on the existing undeveloped release rate for the development. Sections 203.2 - 202.11 would be rendered null by waiver of 203.1.b. 5/21/2013 Article 2 Page 7 203.5 Downstream Water Surface Elevations All hydrologic and hydraulic computations must utilize appropriate assumptions for downstream water surface elevations, from low flow through the base flood elevation, considering the likelihood of concurrent flood events. 203.6 Extended Detention Requirement The requirements of this section will apply only when the outfall from a stormwater management basin is proposed to connect to an off-site agricultural drain tile system. The first 0.75 inches of runoff from a rainfall event over the hydraulically connected impervious area of the development shall be stored below the elevation of the primary gravity outlet (extended detention) of the stormwater management basin. The facility may be designed to allow for evapotranspiration or infiltration of this volume into a subsurface drainage system and shall not be conveyed through a direct positive connection to downstream areas. The hydraulically connected impervious area used in the calculation of required extended detention volume may be reduced by the Administrator if the soils are prepared to maximize infiltration and deep rooted grasses or other plants selected for their ability to promote infiltration or water absorption are planted in areas appropriately dedicated. The reduction in hydraulically connected impervious area used in the calculation shall be equal to the area of the development meeting the above soils/native planting requirement. Subsurface drainage systems may be designed as a component of the extended detention portion of the stormwater management basin to assist in infiltration in accordance with the following criteria: a. The extended detention volume shall be discharged at a rate no greater than that required to empty the calculated extended detention volume within 5 days of the storm event and at a rate no less than that required to empty the calculated extended detention volume within 30 days of the storm event. b. No subsurface drainage pipe shall be located within 10 feet of drainage pipes directly connected to the stormwater management basin. c. For purposes of meeting the maximum subsurface drainage discharge requirements, flow control orifices and weirs may be used. d. All design extended detention volume shall be provided above the seasonal high ground water table or the invert elevation of the groundwater control system. e. Farm field tile shall not be considered a subsurface drainage system. 203.7 Stormwater Management Basin Design Requirements Stormwater management basins shall be designed and constructed with the following characteristics: a. The stormwater management basin shall provide 1 (one) foot of freeboard above the design high water elevation or BFE. Sections 203.2 - 202.11 would be rendered null by waiver of 203.1.b. 5/21/2013 Article 2 Page 8 b. The stormwater management basin shall be located on the site and designed such that they are accessible by motorized maintenance equipment necessary for regular and long term maintenance operations. The route to the basin shall be formalized with an access easement and that the surface of such route shall be easily traversable by maintenance equipment / operations as determined by the Administrator. c. All site runoff storage volume shall be provided above the seasonal high groundwater table or above the invert of the groundwater control system. d. Stormwater management basins shall facilitate sedimentation and catchment of floating material. Unless specifically approved by the Administrator, impervious low-flow ditches shall not be used in stormwater management basins. Stormwater management basins shall maximize the normal flow distance between stormwater management basin inlets and outlets, to the extent possible e. Stormwater management basins shall reduce impacts of stormwater runoff on water quality by incorporating best management practices. f. Stormwater management basins shall be designed with an emergency overflow weir capable of passing the inflow from the critical duration base flood event under developed conditions. The predicted emergency water surface elevation shall be below the top of embankment for any other portion of the stormwater management basin. The weir design shall provide appropriate erosion control measures. g. Stormwater management basins with single pipe outlets shall have a minimum inside diameter of 12 inches. If design release rates necessitate a smaller outlet, flow control devices such as perforated risers, or flow control orifices shall be used. h. Stormwater management basins intended to support potential fish habitat with a permanent pool, shall be at least ten feet deep over 25 percent of the bottom area. i. Stormwater management basins shall have a maximum side slope of four to one. j. Stormwater management basins with a permanent pool shall have a safety shelf at least eight feet wide a maximum of two feet below the normal water pool. k. Stormwater management basins shall have a maximum drawdown time of 72 hours for a 24-hour duration rainfall event with 100-year recurrence frequency. j. All stormwater management basins shall comply with IDNR dam safety requirements where applicable. 203.8 Site Runoff Storage Volume Within The Regulatory Floodplain Stormwater management basins and other facilities to satisfy site runoff storage volume requirements located within the regulatory floodplain shall: a. Conform to all applicable requirements specified in Article 4 of this Ordinance; and Sections 203.2 - 202.11 would be rendered null by waiver of 203.1.b. 5/21/2013 Article 2 Page 9 b. Store the required amount of site runoff to meet the release rate requirement under all stream flow and backwater conditions in the receiving stream up to the 10-year flood elevation; and c. Site runoff storage volume provided by enlarging existing regulatory floodplain storage without providing a flow control device regulating discharge (on-stream detention) will be allowed only as a variance. The applicant must demonstrate that flood damages are not increased and the development will not increase flood flows for both the 2-year and 100-year floods on the stream with developed conditions on the site; and d. The Administrator may approve designs which can be shown by detailed hydrologic and hydraulic analysis to provide a net watershed benefit in flood control not otherwise realized by strict application of the requirements in a through c above. 203.9 Site Runoff Storage Volume Within The Regulatory Floodway Stormwater management basins and other facilities to satisfy site runoff storage volume requirements located within the regulatory floodway shall: a. Meet the requirements for locating stormwater management basins in the regulatory floodplain; and b. Be evaluated by performing hydrologic and hydraulic analysis consistent with the standards and requirements for any adopted watershed plans; and c. Provide a net watershed benefit in flood control. 203.10 Site Runoff Storage Volume - Channel Impoundment Flow control structures constructed across any channel to impound water to meet site runoff storage requirements shall be prohibited on any perennial stream unless part of a public flood control project with a net watershed benefit in flood control. Those streams appearing as blue on a USGS Quadrangle map shall be assumed perennial unless better data is obtained. All cross- stream flow control structures for the purpose of impounding water to provide site runoff storage in all cases on perennial and intermittent streams must demonstrate that they will not cause short term or long-term stream channel instability. 203.11 Off-Site Stormwater Management Basins Stormwater management basins and other facilities to satisfy site runoff storage volume requirements may be located off-site if the following conditions are met: a. The off-site stormwater management basin meets all of the requirements of this Article 2; and b. Adequate storage capacity in the off-site facility is dedicated to the development; and c. The development includes means to convey stormwater to the off-site stormwater management basin. Sections 203.2 - 202.11 would be rendered null by waiver of 203.1.b. 4/3/2011 Article 4 Page 10 6. All utilities, plumbing, heating, air conditioning and electrical must be elevated above the flood protection elevation. 7. The garage or shed must have at least one permanent opening on each wall not more than one (1) foot above grade with one (1) square inch of opening for every one (1) square foot of floor area. 8. The garage or shed must have a value less than ten thousand dollars ($10,000) in market value or replacement cost whichever is greater or be less than less than five hundred (500) square feet in total floor area. 9. The structure shall be anchored to resist floatation and overturning. 10. All flammable or toxic materials (gasoline, paint, insecticides, fertilizer, etc.) shall be stored above the flood protection elevation. 11. The lowest floor elevation should be and documented and the owner advised of the flood insurance implications. 12. Accessory structures that do not meet all of the above criteria may be constructed if they are dry flood proofed or elevated at least ½ of one foot above the BFE. Sec. 403 Compensatory Storage Volume Standards The following standards apply within the regulatory floodplain: a. Hydraulically equivalent compensatory storage volume will be required for development in a riverine regulatory floodplain and shall be at least equal to the regulatory floodplain flood storage volume displaced. To the greatest extent practicable storage volume displaced below the existing 10-year frequency flood elevation must be replaced below the proposed 10-year frequency flood elevation. To the greatest extent practicable storage volume displaced above the 10-year existing frequency flood elevation must be replaced above the proposed 10-year frequency flood elevation. b. Compensatory storage volume for development in a non-riverine regulatory floodplain area that is also adjacent to a lake shall be equal to the storage volume displaced. c. Compensatory storage volume requirements for development in a non-riverine Regulatory Floodplain that is not adjacent to a lake shall be replaced in accordance with the requirements for the loss of depressional storage in Section 201.6. d. Compensatory storage areas shall be designed to drain freely and openly to the channel and shall be located adjacent to the development. This standard does not apply to non- riverine Regulatory Floodplain. e. A recorded covenant or easement running with the land is required to maintain the compensatory storage volume in areas modified to provide compensatory storage volume. Sec. 404 Floodway Standards Request for waiver of 403.a Sections 403.d. - 403.e. would be rendered null by waiver of 403.a. Exhibit 2: Excerpts from United City of Yorkville Code of Ordinances,Section 8-12-2 (Landscaping Ordinance) Request for waiver of H.1.b.i.1.Request for waiver of H.1.b.i.3. Request for waiver of H.2. 21 Table 7 - Summary of Discharges (continued) Peak Discharges (cubic feet per second) Flooding Source Drainage Area 10-Percent- 2-Percent- 1-Percent- 0.2-Percent- and Location (square miles) Annual-Chance Annual-Chance Annual-Chance Annual-Chance Fox River At Dayton (USGS gage No. 05552500) 2,642 22,132 36,274 41,893 58,357 At Bridge Street 2,138 15,327 23,899 27,412 36,894 About 900 feet upstream of Bridge Street 1,804 10,580 15,221 17,697 22,615 At Aurora (USGS gage No. 05551500) 1,705 8,572 12,791 14,368 18,697 Harvey Creek 300 feet downstream of Sandy Bluff Road 3.46 381 525 595 983 600 feet downstream of Griswold Springs Road 3.36 367 506 569 924 2,000 feet upstream of Griswold Springs Road 2.41 291 387 442 638 At Dayton Street 1.41 183 248 291 379 Middle Aux Sable Creek Just downstream of Caton Farm Road 15.9 1,252 2,144 2,767 3,481 Just downstream of Wheeler Road 14.0 1,241 2,124 2,741 3,448 Upstream of Wheeler Road 12.9 1,237 2,117 2,731 3,435 North Arm Saratoga Creek About 150 feet downstream from farm bridge 0.7 80 * 143 * At Joliet Road 0.66 79 * 140 * About 700 feet upstream of Galena Street 0.42 59 * 106 * Tributary 1 to West Aux Sable Creek Tributary B Just downstream of the intersection of Caton Farm Road and Brisbin Road 2.1 446 743 947 1,179 Waubansee Creek At confluence with Fox River 29.6 * * 2,007 * At U.S Route 25 29.5 * * 1,979 * At U.S. Route 34 29.2 * * 1,940 * At U.S. Route 30 18.7 774 1,170 1,447 2,700 At Elgin Joliet and Eastern Railroad 17.4 734 1,108 1,373 2,500 *Data not available Exhibit 2: Fox River Tributary Drainage Area Exhibit 3: Fox River Tributary Drainage Area 19 Table 7. Summary of Discharges Peak Discharges (cubic feet per second) Flooding Source Drainage Area 10-Percent- 2-Percent- 1-Percent- 0.2-Percent- and Location (square miles) Annual-Chance Annual-Chance Annual-Chance Annual-Chance Aux Sable Creek Downstream of Bell Road 107.9 6,162 10,618 13,754 17,360 Downstream of US Highway 52 99.1 5,902 10,167 13,168 16,617 Just downstream of East Aux Sable Creek confluence 98.6 5,886 10,139 13,131 16,570 Downstream of McKanna Road 64.9 3,134 5,422 7,038 7,038 Just downstream of the convergence of Middle Aux Sable Creek and West Aux Sable Creek 63.8 3,054 5,285 6,861 8,676 Blackberry Creek Just downstream of Route 34 69.0 1,381 2,303 2,771 4,053 Just downstream of Route 47 67.5 1,366 2,284 2,749 4,026 Approximately 7,200 feet upstream of Route 47 65.2 1,349 2,260 2,721 3,991 Just downstream of Route 30 59.6 1,316 2,229 2,692 3,968 Clear Creek At confluence with Fox River 6.7 1,055 1,484 1,772 2,474 About 3,300 feet upstream of confluence with Fox River 6.4 1,003 1,413 1,701 2,371 About 2,000 feet downstream of Crimmin Road 3.9 677 994 1,181 1,676 At Crimmin Road 3.5 614 902 1,071 1,520 About 3,700 feet upstream of Crimmin Road 3.3 560 822 968 1,375 About 1,250 downstream of confluence with Dave-Bob Creek 2.87 495 726 855 1,214 At Chicago Road 2.53 408 590 718 1,003 At Main Street 2.01 311 435 538 759 About 1,000 feet upstream of State Route 71 1.6 231 381 462 670 Dave-Bob Creek At confluence with Clear Creek 0.3 65 100 115 145 At Unnamed Tributary 0.17 40 65 75 95 East Aux Sable Creek Just downstream of the confluence of East Aux Sable Creek Tributary A 33.7 2,871 4,908 6,330 7,960 Upstream of the confluence of East Aux Sable Creek Tributary B 27.8 2,533 4,328 5,581 7,015 Exhibit 4: Blackberry Creek Tributary Drainage Area GS POST POST OH/E OH/E 575 5 7 5 580 580 580 585 585 585 590 590 595 600 605 610 615 570 568 569 571 572 573 57 3 574 574 576 576576 OH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/EOH/E OH/EOH/E OH/E OH/E OH/E OH/E OH/E OH/E OH/E OH/E OH/E OH/E OH/E OH/E OH/E OH/E OH/E 570 571 5 7 2 573 574 570 568569571572573 570 568 569 571 572 573574 5705705695695715715725725 6 8 5 6 9 580 581 575 577 574 575 577 5 7 4 573 572 57 4 574 57257457 5 A B C D 1 2 3 4 5 DESIGNED BY:*- REFER TO EQUIPMENT MANUFACTURER'S SHOP DRAWINGPLAN SHEET DESIGNATION COVERG H C L S A I Q F P M E T R TELECOMMUNICATIONS FIRE PROTECTION ARCHITECTURAL HAZARDOUS MATERIALS RESOURCE ELECTRICALMECHANICALPLUMBING EQUIPMENTINSTRUMENTATION STRUCTURALLANDSCAPECIVIL GENERALREVISIONS - - - - - - - - - - - --- SCALE:**- CLIENT DATE: 54321 D C B A CHECKED BY: SHEET TITLE PROJECT NO: DRAWN BY:NO.DESCRIPTIONDATECONSULTANTS ©MILESTONE OF 1" = 100' YORKVILLE-BRISTOL SANITARY DISTRICT 201643 1/15/21 RIVE R R O A D Exhibit 3: Project Area Project Site = 21.3 acres Exhibit 5: Project Area ©11EXHIBIT 4A: DOWNSTREAM STRUCTURESSOLIDS HANDLING IMPROVEMENTYORKVILLE-BRISTOL SANITARY DISTRICT6 Kendall County Web GIS © OpenStreetMap (and) contributors, CC-BY-SA, Map data © OpenStreetMap contributors, Microsoft, Esri Community Maps contributors, Map layer by Esri 2010 Contours Contour Index Contour August 5, 2021 0 0.02 0.040.01 mi 0 0.04 0.070.02 km 1:1,200 Kendall County Web GIS View GIS Disclaimer at https://www.co.kendall.il.us/departments/geographic-information-systems/gis-disclaimer-page/. Exhibit 4B: Downstream Structures 590 600 600 590 610 610 Base Flood Elevation = 575.2-575.8 Exhibit 6B: Downstream Structures 570 Kendall County Web GIS © OpenStreetMap (and) contributors, CC-BY-SA, Map data © OpenStreetMap contributors, Microsoft, Esri Community Maps contributors, Map layer by Esri 2010 Contours Contour Index Contour August 5, 2021 0 0.01 0.020.01 mi 0 0.01 0.030.01 km 1:960 Kendall County Web GIS View GIS Disclaimer at https://www.co.kendall.il.us/departments/geographic-information-systems/gis-disclaimer-page/. Exhibit 4C: Downstream Structures 570 580 590 600 610 570 Base Flood Elevation = 573.7 Exhibit 6C: Downstream Structures 606 Kendall County Web GIS © OpenStreetMap (and) contributors, CC-BY-SA, Map data © OpenStreetMap contributors, Microsoft, Esri Community Maps contributors, Map layer by Esri 2010 Contours Contour Index Contour August 5, 2021 0 0.01 0.020 mi 0 0.01 0.020.01 km 1:720 Kendall County Web GIS View GIS Disclaimer at https://www.co.kendall.il.us/departments/geographic-information-systems/gis-disclaimer-page/. Exhibit 4D: Downstream Structures 570 580 590 600 Base Flood Elevation = 571.6 Shed Exhibit 6D: Downstream Structures § 55.020 GENERAL INFORMATION. (A) Other applicable regulations. All developments shall meet the requirements specified for general stormwater development (§ 55.020), site runoff (§ 55.022), sediment and erosion control (§§ 55.035 through 55.047), performance security and maintenance (§§ 55.200 through 55.203). (B) Applicability of site runoff storage requirements (detention). (1) All developments shall comply with the site runoff storage requirements provided in § 55.023 of this subchapter in which: (a) More than two single-family structures or one two-family structure are to be constructed on a site five or more acres in size; (b) Multi-family or nonresidential land use is to be constructed on a site more than one acre in size; (c) Existing multi-family or nonresidential land uses on a site one acre or more in size, on which new development after the effective date of this chapter in the aggregate exceeds 25,000 square feet; (d) Roadway developments in rights-of-way under the ownership or control of a unit of local governments when the contiguous area of new roadway construction (excluding previously paved areas) exceeds two acres; and (e) The developer of a commercial or industrial redevelopment may request that a fee-in-lieu of detention be approved provided that all of the following are demonstrated to the sole satisfaction of the Administrator: 1. The drainage plan will not increase existing flood damages; and 2. The drainage plan provides a net benefit in water quality compared to the existing development. (2) The Administrator shall determine the appropriate fee to be collected as defined in § 55.215, and his or her decision in the matter shall be considered final. (C) Exemptions from site runoff storage requirements (detention). Site run-off storage is not required under the following circumstances: (1) Direct discharge industrial sites; and/or (2) Non-industrial direct discharge sites 160 acres or less having the following minimum river frontage: Site Area Required Frontage 0—2 acres 50 feet Up to 5 acres 100 feet Up to 10 acres 150 feet Up to 40 acres 200 feet Up to 80 acres 350 feet Up to 160 acres 500 feet (Res. 02-441, passed 10-17-2002; Res. 02-495, passed 11-21-2002; Res. 04-87, passed 3-17-2004) Exhibit 5: Will County Detention ExemptionsExhibit 7: Will County Detention Exemptions Exhibit 6: HEC-RAS Model Results Table 1: Fox River HEC-RAS Model Results: 100-Year Floodplain Elevations HEC-RAS Cross Section Location Existing 100- Year Elevation Proposed 100- Year Elevation Change (ft) 35.841 DS site limits 575.64 575.64 0.00 35.938 575.76 757.75 -0.01 36.050 575.85 575.85 0.00 36.068 575.94 575.96 0.02 36.151 FEMA Sect. W 576.01 576.04 0.03 36.201 US site limits 576.16 576.20 0.04 36.358 576.70 576.74 0.04 36.368 DS of Bridge St. 576.87 576.91 0.04 36.391 FEMA Sect. X 577.10 577.14 0.04 Table 2: Fox River HEC-RAS Model Results: 100-Year Channel Velocities HEC-RAS Cross Section Location Existing 100- Year Velocity (ft/s) Proposed 100- Year Velocity (ft/s) Change (%) 35.841 DS site limits 3.17 3.22 1.6 35.938 3.24 3.43 5.9 36.050 3.31 3.44 3.9 36.068 3.18 3.30 3.8 36.151 FEMA Sect. W 4.67 4.79 2.6 36.201 US site limits 4.88 4.88 0.0 36.358 4.87 4.85 -0.4 36.368 DS of Bridge St. 4.00 3.97 -0.7 36.391 FEMA Sect. X 3.33 3.35 0.6 8 Table 3:Blackberry Creek HEC-RAS Model Results: 100-Year Floodplain Elevations HEC-RAS Cross Section Location Existing 100- Year Elevation Proposed 100- Year Elevation Change (ft)0 Fox RiverConfluence 573.36 573.36 0.00275FEMA Sect. A 574.17 574.18 0.01558576.84 576.84 0.00676576.84 576.84 0.00702DS of River Rd.576.89 576.88 -0.01732US of River Rd.577.43 577.42 -0.011115FEMA Sect. B 580.73 580.73 0.00 Table 4: Blackberry Creek HEC-RAS Model Results: 100-Year Channel Velocities HEC-RAS Cross Section Location Existing 100- Year Velocity (ft/s) Proposed 100- Year Velocity (ft/s) Change (%)0 Fox RiverConfluence 5.22 5.22 0.00275FEMA Sect. A 11.42 11.46 0.355584.80 4.80 0.006766.48 6.48 0.00702DS of River Rd.6.65 6.65 0.00732US of River Rd.3.83 3.83 0.001115FEMA Sect. B 8.93 8.93 0.00 0 670 1,340335 Feet MaxarI:\Crystal Lake\YORSD\201643-Solids Handing Impr\GIS\ProProjects\YBSD-1B\YBSD-1B.aprx Saved: 4/29/2021 4:54 PM Designer: 734cjvApril 26, 2018 Yorkville-Bristol Sanitary District SOLIDS HANDLING IMPROVEMENTSCOMPENSATORY STORAGE - POTENTIAL OFFSITE LOCATIONS Project SiteProperty Parcels (Kendall County, 2020)Topographic Contours (Kendall County, 2020)Potential Offsite Comp. Storage Sites Youth Camp property Henker-Beck Farm Crawford Park South Bumpout EXHIBIT 79 IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site-specific (e.g., vegetation/species surveys) and project-specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location Kendall County, Illinois Local office Illinois-Iowa Ecological Services Field Office (309) 757-5800 (309) 757-5807 Illinois & Iowa Ecological Services Field Office 1511 47th Ave Moline, IL 61265-7022 U.S. Fish & Wildlife ServiceIPaCInformation for Planning and Consultation Exhibit 10: USFW Report Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site-specific and project- specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Log in (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed species and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries ). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. IPaC only shows species that are regulated by USFWS (see FAQ). 2.NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. The following species are potentially affected by activities in this location: 1 2 Mammals Insects Flowering Plants Critical habitats Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. THERE ARE NO CRITICAL HABITATS AT THIS LOCATION. Migratory birds NAME STATUS Indiana Bat Myotis sodalis Wherever found There is final critical habitat for this species. The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/5949 Endangered Northern Long-eared Bat Myotis septentrionalis Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9045 Threatened NAME STATUS Rusty Patched Bumble Bee Bombus affinis Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9383 Endangered NAME STATUS Eastern Prairie Fringed Orchid Platanthera leucophaea Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/601 Threatened Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act . 1 2 The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php • Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf NAME BREEDING SEASON (IF A BREEDING SEASON IS INDICATED FOR A BIRD ON YOUR LIST, THE BIRD MAY BREED IN YOUR PROJECT AREA SOMETIME WITHIN THE TIMEFRAME SPECIFIED, WHICH IS A VERY LIBERAL ESTIMATE OF THE DATES INSIDE WHICH THE BIRD BREEDS ACROSS ITS ENTIRE RANGE. "BREEDS ELSEWHERE" INDICATES THAT THE BIRD DOES NOT LIKELY BREED IN YOUR PROJECT AREA.) Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 Breeds Oct 15 to Aug 31 Black-billed Cuckoo Coccyzus erythropthalmus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9399 Breeds May 15 to Oct 10 Bobolink Dolichonyx oryzivorus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 20 to Jul 31 Dunlin Calidris alpina arcticola This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds elsewhere Golden Eagle Aquila chrysaetos This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1680 Breeds elsewhere Henslow's Sparrow Ammodramus henslowii This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/3941 Breeds May 1 to Aug 31 Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. King Rail Rallus elegans This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/8936 Breeds May 1 to Sep 5 Least Bittern Ixobrychus exilis This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/6175 Breeds Aug 16 to Oct 31 Lesser Yellowlegs Tringa flavipes This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9679 Breeds elsewhere Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 10 to Sep 10 Ruddy Turnstone Arenaria interpres morinella This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds elsewhere Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds elsewhere Semipalmated Sandpiper Calidris pusilla This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds elsewhere Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 10 to Aug 31 The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year- round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Facilities National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS AT THIS LOCATION. Fish hatcheries THERE ARE NO FISH HATCHERIES AT THIS LOCATION. Wetlands in the National Wetlands Inventory Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. WETLAND INFORMATION IS NOT AVAILABLE AT THIS TIME This can happen when the National Wetlands Inventory (NWI) map service is unavailable, or for very large projects that intersect many wetland areas. Try again, or visit the NWI map to view wetlands at this location. Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on-the-ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. Days to Variance Schedule Complete Day Date B&W meet with YBSD to Review Approach and Prepare 7 Wed 7/14/2021 District Board Approves the Variance Approach Mon 8/9/2021 1. Informal Meeting with City staff and Engineering (EEI)Mon 8/9/2021 2. City provides initial staff comments on whether they will support variances 14 Mon 8/23/2021 3. City staff engages County for County Ordinance variances, if applicable 21 Mon 8/30/2021 4. Meeting with City & County Staff to finalize formal variance request 50 Tue 10/12/2021 5. Formal Variance Submittal Fri 10/15/2021 6. Plan Council 25 Tue 11/9/2021 a. City staff and Engineering (EEI) 7. Economic Development Committee (4 people)Tue 12/7/2021 8. Public Notice Deadline 21 Tue 12/28/2021 9. Planning and Zoning Commission (Public Hearing)Wed 1/12/2022 Approval process – City: 10. Planning and Zoning provides Positive or Negative recommendation to City Council 12 Mon 1/24/2022 11. City Council Approval Tue 1/25/2022 a. If positive recommendation received from Planning and Zoning, majority needed for approval b. If negative recommendation received from Planning and Zoning, super majority needed for approval Approval process – County: 10. Planning and Zoning provides recommendations to County Board and Director.0 Tue 1/25/2022 11. County Board grants variance, grants modified variance, or denies variance within 45 days of receiving written recommendations 45 Fri 3/11/2022 DRAFT Page 1 of 2 UNITED CITY OF YORKVILLE PLAN COUNCIL Tuesday, November 9, 2021 9:00am Yorkville City Hall, Conference Room 800 Game Farm Road, Yorkville, Il Note: In accordance with Public Act 101-0640 and Gubernatorial Disaster Proclamation issued by Governor Pritzker pursuant to the powers vested in the Governor under the Illinois Emergency Management Act, remote attendance was allowed for this meeting to encourage social distancing due to the current Covid-19 pandemic. All participants were present via Zoom unless indicated otherwise. IN ATTENDANCE: Krysti Barksdale Noble, Community Development Director, City of Yorkville Jason Engberg, Senior Planner, City of Yorkville Bart Olson, Yorkville City Administrator Eric Dhuse, Director Public Works, City of Yorkville Brad Sanderson, Engineer for City of Yorkville/EEI Lee Melcher, Plant Engineer, YBSD Matt Asselmeier, Senior Planner, Kendall County Cyrus McMains, Director YBSD Brent Perz, Project Manager, Baxter & Woodman, Inc. Corey VanDyk, Baxter & Woodman, Inc. (via phone) Tim Paulson, EEI Ms. Noble called the meeting to order at 9:00am. 1. Minutes for Approval: November 12, 2020 The minutes were approved as presented. 2. PZC 2021-07 YBSD Expansion – Stormwater Management & Landscape Ordinance Variance Discussion began with the stormwater variance request. Tim Paulson referred to his letter explaining the two variance requests: stormwater detention requirement and compensatory storage requirement. He said there would be no impact to the downstream or upstream properties or flood plain on the Fox River. He said he supports the variance requests to facilitate the expansion. Project Manager Brent Perz of Baxter Woodman briefly discussed the waiver from Kendall County and City of Yorkville of storage requirements for stormwater on the site. He also noted the standards and justification for each request. Ms. Noble said there are basically 3 requests: compensatory storage, detention requirements and variance from the city's tree preservation and replacement standards. She said the property seeking these variances is about 21 acres and referred to as the “west site” in the plans. Page 2 of 2 The site is currently zoned A-1 agricultural and has a special use as public sanitary water treatment facility approved in 2006 via ordinance. Surrounding properties are open space and are zoned either R-1 or A-1. The YBSD facility is located on property annexed in 2007 and the existing site had approval for a 10 foot yard setback. The location for expansion did not provide any relief for buildings or structures, so staff provided a table for setbacks. Ms. Noble will amend the Public Hearing notice to allow 10 foot setbacks along all property lines, as requested by Baxter Woodman. Ms. Noble said this will apply to interior property lines as well. Mr. Perz indicated there may be a building close to an interior line that bisects the west site. Ms. Noble said the city would allow a variance of 10 feet from front to rear and 0 feet setback for interior sides. She said zoning does allow for considering two adjacent lots as one zoning lot. The last consideration is the tree preservation and replacement standards. Current ordinance requires replacement of trees with certain caliper sizes. The project does not allow for replacement so the city is asking that the petitioner provide a tree survey from a certified arborist or landscape architect, that will locate all trees of 4” in caliper or greater, within 100 feet of any tree proposed to be removed. This will provide an inventory of what is slated to be removed, the species and the size. Overall the city supports the variance request to not replace the trees. Staff would like the tree survey before the Public Hearing on January 12th. Matt Asselmeier commented that the county has received all paperwork, however, the application was not signed and no escrow deposit has been received yet. Mr. VanDyk said these items would be addressed in the next couple days. Ms. Noble will draft a latter to summarize this meeting. This matter will then move to the Economic Development committee meeting on December 7th and she will provide information to the committee. Adjournment There was no further business and the meeting adjourned at 9:17pm. Minutes respectfully transcribed by Marlys Young, Minute Taker November 30, 2021 Mr. Matt Asselmeier Kendall County Planning, Building, & Zoning 111 West Fox Street Yorkville, IL 60560-1498 Subject: Bristol Sanitary District (WBK Project 19-102.AH) Dear Mr. Asselmeier: WBK Engineering has received the variance request prepared by Baxter Woodman dated August 9, 2021 and corresponding approval letter from Engineering Enterprises (EEI) dated November 8, 2021. We have no objection to their findings and their approval of the variance requests. Inasmuch as this property lies entirely within the City of Yorkville limits, we have not performed a detailed review of information submitted and rely solely upon the professional opinions and judgements of both Baxter Woodman and EEI with respect to the variance requests and approvals. The applicant’s design professionals and Yorkville’s engineer are responsible for performing and checking all design computations, dimensions, details, and specifications in accordance with all applicable codes and regulations and obtaining all permits necessary to complete this work. In no way does this review relieve applicant’s design professionals or the Yorkville engineer of their duties to comply with the law and any applicable codes and regulations, nor does it relieve the Contractors in any way from their sole responsibility for the quality and workmanship of the work and for strict compliance with the permitted plans and specifications. If you have any questions or comments, please contact us at (630) 443-7755. Sincerely, Greg Chismark PE WBK Engineering, LLC Order ID:7108386 Page 1 of 3 12/16/2021 10:09:38 AMPrinted: GROSS PRICE * :$315.72 * Agency Commission not included IL Govt Legal Aurora BeaconPACKAGE NAME: Product(s): SubTrib_Aurora Beacon News, Publicnotices.com AdSize(s):1 Column Run Date(s):Thursday, December 23, 2021 Zone:Full Run Color Spec.B/W Preview Order ID:7108386 Page 2 of 3 12/16/2021 10:09:38 AMPrinted: GROSS PRICE * :$315.72 * Agency Commission not included IL Govt Legal Aurora BeaconPACKAGE NAME: Order ID:7108386 Page 3 of 3 12/16/2021 10:09:38 AMPrinted: GROSS PRICE * :$315.72 * Agency Commission not included IL Govt Legal Aurora BeaconPACKAGE NAME: 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 Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #5 Tracking Number CC 2021-04 City Buildings Updates City Council – January 25, 2022 None Informational A verbal discussion will take place at the meeting. Bart Olson Administration Name 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 Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #6 Tracking Number CC 2021-38 Water Study Update City Council – January 25, 2022 None Informational A verbal discussion will take place at the meeting. Bart Olson Administration Name Department